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2012-021A
A 'Zt fto R CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 6T " AVENUE S . W . CULVERT REPLACEMENT NORTH OF 23RD STREET S . W . BID NO . 2012033 PROJECT NO . 1136 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA GARY C . WHEELER , CHAIRMAN PETER D . O ' BRYAN , VICE CHAIRMAN COMMISSIONER JOSEPH E . FLESCHER COMMISSIONER , BOB SOLARI COMMISSIONER WESLEY S . DAVIS JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT ALAN S . POLACKWICH , SR . , COUNTY ATTORNEY CHRISTOPHER R . MORA , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER MICHAEL D . NIXON , P . E . , ROADWAY PRODUCTION MANAGER .AND ► E PL S Jf FI if � WILLIAM K . DEBRAAt faFPUT / COUNTY .ATTORN ( 00001 - Project Title Page - REV 04-07 . doc 00001 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00001 - Project Title Page - TABLE OF CONTENTS Section No . Title DIVISION 0 - BIDDING DOCUMENTS , CONTRACT FORMS , AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 0070.0 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00010 - Table of Contents - REV 04-07 . doc DIVISION 1 = GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS + + END OF TABLE OF CONTENTS + + 00010 -2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00010 - Table of Contents - REV 04-07 . doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127"' Street Vero Beach, Florida 32960 L : damA LORD Telephone : ( 772 ) 567 - 8000 FAX : ( 772 ) 770 - 5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 P . M . on Wednesday , February 1 , 2012 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " 6th Avenue S .W . Culvert Replacement and Bid No . 2012033 " . Bids should be addressed to Purchasing Division , 1800 27th Street , Vero Beach , Florida 32960 . All bids will be opened publicly and read aloud at 2 : 00 P . M . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 1136 INDIAN RIVER COUNTY BID NO. 2012033 PROJECT DESCRIPTION: Consists of the installation of a new culvert w/ standard FDOT headwalls on 6tn Avenue S. W. north of 23rd Street S. W. Also included in this project is the reconstruction of the existing sidewalk and roadway. All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Public Works Department/ Engineering Division , 1801 27th Street , Vero Beach , Florida , 32960 , ( 772 ) 226 - 1283 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $ 75. 00 for each set, which represents cost of printing and handling, which is non -refundable . Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing ( ircgov . com . All bidders shall submit one ( 1 ) original and one ( 1 ) copy of the Bid Proposal forms provided within the specifications . BID SECURITY must accompany each Bid , and must be in the form of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety , or a certified check or a cashier' s check , drawn on any bank authorized to do business in the State of Florida . Bid Security must be in the sum of not less than Five Percent ( 5%) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 1 F \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00100 - Advertisement for Bids REV 04-07 .doc the event the Contract is awarded to the Bidder , Bidder will enter in a Contract with the County and furnish the required 100 % Public Construction Bond within the timeframe set by the County . If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as penalty . Please note that the questionnaire must be filled out completely including the financial statement . The County reserves the right to delay awarding of the Contract for a period of sixt 60 days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that , in its judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid preparation costs . INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : January 18 , 2012 For : Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building " B " Vero Beach , FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 2 E :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_CuIvert Replacement N of 23rd Sl SW\Admim\Contract Documents\00100 - Advertisement for Bids REV 04-07 . doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No . be Title Paqe ARTICLE1 be DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " I . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 we, COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . 1 ARTICLE 3 be QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE5 of PRE — BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 — SITE AND OTHER AREAS , . , few . . . . . a M W b P b a 0 a 0 b a d F 0 w , , P P e . . . . bob . . . . . . . . 4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE8 — BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 of CONTRACT TIMES , . P 0 1 1 1 1 1 1 1 9 1 0 1 a S 0 0 0 0 o 0 b b * 0 0 a 6 a 6 6 0 a a we . . . . . . . . . . . . 5 ARTICLE 10 — LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 — SUBSTITUTE AND " OR— EQUAL " ITEMS , I ft I & 0 a 0 4 P I I I I b I 1 6 & a 0 F I I I I b h I N 6 0 0 0 a M 0 0 s h M 9 F 0 P , V . . . . . . . . 5 ARTICLE 12 — SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE13 — PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 — BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE15 — SUBMITTAL OF BID , 0 9 1 1 1 1 1 1 1 d I I 1 0 0 0 a 0 W E 0 a 0 a 0 s M b 0 0 6 9 , 4 V 4 . . . . . . . a 0 0 9 0 P V I I I I I I I 1 0 0 0 9 w F 4 0 M 0 0 0 E E 6 0 a 0 a a a 9 0 0 , 9 , 8 ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE17 — OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 ARTICLE 20 be CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 21 — SIGNING OF AGREEMENT , a b I F I I I I 1 0 0 & & 0 0 o 0 0 & W 0 0 0 0 1 1 1 1 1 1 1 a 0 9 % 4 1 1 . . . 6 b 6 0 6 S , P . . . . & a 6 a M M M 0 0 M 0 10 00200 Instructions to Bidders REV 04-07 . doc 00200 - i F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd Sl SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Basisof Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Copies of Bidding Documents . . . . . . " , 0 0 0 F F a 6 0 0 a moss . . . . 0 0 a 0 a V a , , & & a 0 P F a a a P P 0 0 0 0 0 0 b 9 0 0 0 0 0 0 0 0 6 a 1 0 0 0 a 4 0 0 0 a 0 02 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . , , , " . . , . . op " " 666006 . . . . . . . . . . . . . . 0 a 0 a W 0 a a 0 * 0 0 0 0 E " P0000 , oft . . . 7 LiquidatedDamages , 1 0 a I I I I a a 1 0 F I I I I I I 1 6 1 1 1 1 1 1 1 1 0 a 0 0 a 0 0 a a ft 0 W 6 0 0 0 , V . . . . 0 S 6 6 W a 0 1 1 1 1 1 a 0 W 0 A I I I I I & & 0 0 4 W N 4 P S 0 a 0 a 0 0 & 0 a . . . . . . . . . 1 4 a I a 0 0 a 0 9 0 a 1 0 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Pre - Bid Conference . . . , . " . . . . . . 0 9 4 . . . . . . . 0 a 0 a 0 0 0 a a a 0 0 a a 0 0 0 6 0 9 9 V 9 , , a , a 6 a a 0 a 0 0 P S 0 & 0 0 & a 9 F a . . . M , , a . . a , a 0 0 4 P I I I I I I I ft 1 6 1 a & 0 0 a 0 0 F 4 0 05 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substituteor " Or- Equal " Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to Bidders REV 04-07 . doc 00200 - ii F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SWWdmim\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A . Bidder--The individual or entity who submits a Bid directly to OWNER . Be Issuing Office- -The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER' s evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder' s qualifications to perform the Work , within five days of OWNER' s request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below . A . Bidder must have at least five years ' experience in the construction of similar projects of this size and larger . Be Bidder must have successfully constructed , as prime CONTRACTOR , at least three projects similar in scope to this project . C . Bidder must have good recommendations from at least three clients similar to the OWNER . D . The Bidder' s superintendent and assistants must be qualified and experienced in similar projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 1 FAPubtic Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 3 . 02 Each bid must contain evidence of Bidder' s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract . 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE 4 . 01 Subsurface and Physical Conditions A . The Supplementary Conditions identify : 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents , 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities ) that ENGINEER has used in preparing the Bidding Documents , B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the " technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any " technical data " or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A . Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER , or others . 4 . 03 Hazardous Environmental Condition A . The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any , that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev . 05101 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any , and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions , 4 . 05 Upon a request directed to the ENGINEER ( Michael D . Nixon , P . E . 772-226 - 1986 ) , OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 " [This paragraph has been deleted intentionally] "] 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : A . examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER ( MICHAEL D . NIXON , P . E . , ( 772) 226 = 1986) TO MAKE ARRANGEMENTS IN ADVANCE , AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL , AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS , AND PERFORMANCE OF THE WORK ; C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost , progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (overhead , surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 3 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SMAdminn Contract Documents\00200 - Instructions to Bidders REV 04 -07 .doc Rev . 05/01 H . correlate the information known to Bidder , information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE - BID CONFERENCE 5 . 01 There will be no Pre- Bid conference held for this project . ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment , or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect . 7 . 02 Addenda may be issued to clarify , correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 4 F\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 ARTICLE 8 - BID SECURITY 8 . 01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder' s maximum base bid price and in the form of a certified check ; cashier's check ; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 01 of the General Conditions . The Bid Bond shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies " as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury . The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney- in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person ' s authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the Successful Bidder shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304 - 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions , 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening , whereupon Bid Security furnished by such Bidders will be returned . 8 . 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be ( a ) Substantially Completed and ( b ) also completed and ready for final payment are set forth in the Agreement . ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any , are set forth in the Agreement . ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL" ITEMS 11 . 01 The Contract , if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or " or-equal " items . Whenever it is specified or described in the Bidding Documents that a substitute or " or- equal " item of material or equipment may be furnished or used by CONTRACTOR if acceptable to 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 5 F\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07ooc Rev . 05101 ENGINEER , application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement . The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements . ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement , the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor , Supplier , individual , or entity if requested by OWNER . If OWNER or ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor , Supplier , individual , or entity , OWNER may , before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder . Any Subcontractor , Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable " entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary . The corporate address and state of incorporation shall be shown below the signature . 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature ) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 6 F Tublic Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SWV\dmi m\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev . 05/01 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 . 06 A Bid by an individual shall show the Bidder' s name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13 . 11 The Bid shall contain evidence of Bidder' s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract . Bidder's state contractor license number or county registration number for the state or county of the Project , if any , shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS 14 . 01 Unit Price A . Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any , named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . 14 . 03 The Bidder' s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere , is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character , location of the work , or other conditions pertaining thereto . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 7 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culveri Replacement N of 23rd St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04 -C7 .doc Rev. 05/01 ARTICLE 15 - SUBMITTAL OF BID 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . B . Sworn Statement under the Florida Trench Safety Act , C . Qualifications Questionnaire . D . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County , Purchasing Division , 1800 27th Street , Vero Beach , Florida , 32960 , ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter , if the Work is rebid , that Bidder will be disqualified from further bidding on the Work . ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non - responsive , read aloud publicly . An abstract of the amounts of the base Bids and major alternates , if any , will be made available to Bidders after the opening of Bids . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 8 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culveri Replacement N of 23rd St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev . 05/01 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may , in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non - responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted , the Bidder, by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest . 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OW NER's intent to accept alternates (if any are accepted ) in the order in which they are listed on the Bid form , but OWNER may accept them in any order or combination . 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions . 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility , qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents . 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project . ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER 's requirements as to Public Construction Bond and insurance . When the 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 9 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culverl Replacement N of 23rd St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc Rev . 05/01 Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bond , unless the Bond has been waived due to the total contract being less than $ 100 , 000 . 00 . ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15 ) days thereafter , Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER . 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or , the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . * * END OF SECTION 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 10 F \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd Sl SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 04-07 . doc 00300 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SMAdmlm\Contract Documents\00300 - Bid Package Contents - REV 04-07 . doc i' u i� SECTION 00310 - Bid Form PROJECT IDENTIFICATION : t Project Name : 6th Avenue S .W . Culvert replacement north of 23rd Street S . W . County Project Number: 1136lj Bid Number: 2012033 Project Address : 6th Avenue S .W . Indian River County , Florida Project Description : Consists of the installation of a new culvert w/ standard FDOT headwalls on Wh Avenue S. W. north of 23rd Street S. W. Also included !I . in this project is the reconstruction of the i. existing sidewalk and roadway. y i THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 180027 th Street VERO BEACH , FLORIDA 32960 1 . 01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents . 2 . 01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security . The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER . 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that: A . Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . Addendum Date Addendum Number B . Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work . C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost , progress and performance of the Work . D . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to 00310 - Bid Form REV 04-07 . doc 00310 - 1 F .\Public Works\FNG IN EERING DIVISION PROJECTS\1136-61h Ave SW—Culvert Replacement N of 23rd SI SW\Admim\Conlract Documents\00310 - Bid Form REV 04 -07 .doc Rev. 05/16/01 existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and (2 ) reports and drawings of a Hazardous Environmental Condition , if any , which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . E . Bidder has obtained and carefully studied (or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies and data concerning conditions (surface , subsurface and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto . F . Bidder does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price (s ) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents . G . Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents . H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents . I . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder. J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . 4 . 01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER . [The remainder of page intentionally left blank] 00310 - Bid Form REV 04-07 . doc 00310 - 2 F NPublic Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culverl Repiacemenl N of 23rd Sl SWWdmim\Contract Documents\00310 - Bid Form REV 04-07 .doc Rev . 05/ 1 6/o1 ITEMIZED BID SCHEDULE PROJECT NAME : 6th Avenue S .W. Culvert Replacement North of 23rd Street IRC PROJECT-# 1136/ BID #2012033 BIDDER'S NAME : i Ivy ,;i2 < > 2,w . . . . . . . . . . . . . . . . . . . 101 - 1 MOBILIZATION LS 1 !� ,��L' ' r( BGG' C'X,7 102- 1 MAINTENANCE OF TRAFFIC LS 1 , CC) Qr> C 104- 1 EROSION AND WATER POLLUTION CONTROL LS 1 C�4 CC'. cc 108-1 RECORD DRAW INGS/AS-BUILT DRAWINGS LS 1 GD , ce aG. CG 1084 N . P . D. E.SPERMITTING LS 1 6,5C. GCr 55f� , CQ 110- 1 - 1 STANDARD CLEARING AND GRUBBING LS 1 ` l oseo qcto , c`-C'3 285-714 16" CEMENTED COQUINA SHELL BASE 3-LIFTS SY 170 M 286- 1 TURN-OUT CONSTRUCTION AND DRIVES 6" THICK CONCRETE SY 26 33 : Cc) ii 5 . Cly 334- 1 - 12A SUPERPAVE ASPHALTIC CONCRETE 1 -1 /4" SP 9 . 5 TRAFFIC C SY 142 . 4) f 3 ► • � 334 - 1 - 12B SUPERPAVE ASPHALTIC CONCRETE 1 - 1 /2" SP 12. 5 TRAFFIC C SY 142 (obi o �3 , ;.O 400-2-2 CLASS II CONCRETE ENDWALLS 3400 PSI Cy 28 . 8 Cb ay L) 410- 1 - 1 4'-0" x 8'-0" CONCRETE BOX CULVERT HS-20 LOADING LF 100 .0 C � S � � DC: 415- 1 - 1 REINFORCING STEEL ROADWAY Cj LBS 2 ,498 . 0 �ll� CCS �C y ° , CCS 515-1 -2 PIPE HANDRAIUGUI DERAIL ALUMINUM LF 72 � o . 4c0 � ' j�; , o0 520 - 1 -8 CONCRETE CURB & GUTTER DROP CURB LF 120 0 . aC i60460 522-2 CONCRETE SIDEWALK 6" THICK SY 151 530-3-3 ROCK RUBBLE INCLUDES FILTER FABRIC FURNISH AND INSTALL TN 100 530-74 BEDDING STONE FUNISH AND INSTALL TN 72 � CL 5 . 550- 10- 128 RELOCATE EXISTING FENCE AND GATE LS 570- 1 -2 PERFORMANCE TURF - SODDING BAHIA SY 600 1� RID loU �$ (J , co 711 - 11 -241 PAI NT,STANDARD,YELLOW SKI P , 6" 10'-30' LF 10 '30, 00 � � P- 1 TEMPORARY BY-PASS SYSTEM - HYDRAULIC PUMP 13000 GPM LS2 , 331 I OCCi G[� I pCC) % 00 800 PUBLIC CONSTRUCTION BOND LS 1 3 � �C53 S� 801 TRENCH SAFETY COMPLIANCE OVER 5' SEE SEC . 00454 LS 802 TRENCH SAFETY COMPLIANCE SHORING SEE SEC , 00454 LS 1 So e:,). en FA-1 FORCE ACCOUNT LS 1 7,500 . 00 71500 , 00 6TH AVENUE S .W. CULVERT REPLACEMENT TOTAL PROJECT TOTAL ( IN WORDS ) Dva" t UVA ye, C, RR- z "LeS6 "` s ; VUA � LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN = Ton CY = Cubic Yard F \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-61h Ave SW _Culverl Replacement N of 23rd St SW \Admim\Contract Documents\ITEMIZED Bid Schedule ' ^ ' i 5 . 01 Bidder shall complete the Work in accordance with the Contract Documents for the price (s ) contained in the Bid Schedule : A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . Be The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so , no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D . Unit Prices have been computed in accordance with paragraph 11 . 03 . 13 of the General Conditions . 6 . 01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14 . 07 . 13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement . 6 . 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement . 7 . 01 The following documents are attached to and made a condition of this Bid : A. Itemized Bid Schedule Be Required Bid security in the form often C . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ; D . Sworn Statement Under the Florida Trench Safety Act ; E . Qualifications Questionnaire ; F . List of Subcontractors ; 00310 - Bid Form REV 04-07 .doc 00310 - 4 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admirn Contract Documents\00310 - Bid Form REV 04-07 -doc 8 . 01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders , the General Conditions , and the Supplementary Conditions . SUBMITTED on 0 ,;l �) 20 . State Contractor License No . l ° 'l IL !'j If Bidder is : IAn Individual Name (typed or printed ) : By : (SEAL) (Individual 's signature) Doing business as : Business address : Phone No . : FAX No . : l ' A Partnership Partnership Name : ( SEAL ) By: (Signature of general partneri ttach evidence of authority to sign) i Name (typed or printed ) : % Business address : Phone No . : FAX No . : A Corporation Corporation Name : vKv lw risk _ riti��c " � � (SEAL ) State of Incorporation : Type (General Business ; P fessional , Service , Limited Liability) : By : - (Signature -- a ach evidence of au o sign) Name (typed or printed ) : rV12 Title : �E'- Sld� �11� CORPORATE SEAL Attest (Signature of Corporate Secretary) Business address : ( F, /013 5 ki l Ti 1itti �� � 3 00310 - Bid Form REV 04-07 . doc 00310 - 5 F1Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SWV\c1mim\Contract Documents\00310 - Bid Form REV 04 -07 .doc Phone No . : �1 '12 f� - ' A ;A FAX No . : ' 1',7 :2 fie-. Date of Qualification to do business is A Joint Venture :j (SEAL) Joint Venture Name : X� 11 1! ' By : (Signature of joint venture partner -- attach evidence .of authority to sign) Name (typed or printed ) : NIS I Title : Business address : Phone No . : FAX No . : Joint Venture Name : ( SEAL ) By: (Signature — attach evidence of authority to sign) Name (typed or printed) : Title : Business address : Phone No . : FAX No . : Phone and FAX Number , and Address for receipt of official communications : I ( Earth joint venturor must sign . The manner of signing for each individual , partnership , and corporation that is a party to the joint venture should be in the manner indicated above . ) 1 1 * * END OF SECTION � 14 00310 - Bid Form REV 04 -07 . doc 00310 - 6 F :\PubhcWorks\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culverl Replacement N of 23rd St SW\Admim\Contract Documents\00310 - Bid Form REV 04 -07 .doc THE AMERICAN INSTITUTE OF ARCHITECTS AM Document A310 HpND4 BB 0 3 3 01 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Timothy Rose Contracting , Inc . 1360 SW Old Dixie Hwy . , Ste 106 Olue insert full nam ,and address or kgo title ofCootractw) Vero Beach , FL 32962 as Principal, hereinafter called the Principal, and Developers Surety and Indemnity Company a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly boundunty Indian River County Board of County Commissioners 1801 27 Street , Vero Beach , FL 32960 (Isere irwert full name and address or legal title orOwner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Rid-- -Dollars ($ 5 % ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors , administrators , successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 6th Avenue SW Culver Replacement North of 23rd Street SW . Project : 1136 , Bid No . 2012033 (Hero insert to, nark, Rddren and description of project) NOW, THIARE4FORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fivnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereofbetween the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 2 5 day of January 2012 Timothy Rg,%eContracting , Inc . / n (Princip ) (Seal) (Witness) RDV e)Timot Rose Presi. ent V' to r Surety and Indemnity Company St ety (Seal) 1 =( Witness ) �� - ---- ---- (Title)Robert Barra Attorney In Fact AIA DOCUMENT A310 DID 13ONO A W FEI3RIJARY 1970 ED THEAMERICAN INST ITU'IT; OF ARCJ-W C'1�S, 1735 N.Y. AVE., N .W. WASHINGTON, D.C. 20006 1 WARNING : Unlicensed photocopying violates U.S . copyright laws and is subject to legal prosecution . POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited , DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make , constitute and appoint: " Robert Barra"' as its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge , for and on behalf of said corporation , as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation , and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents , are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1 st, 2008 . RESOLVED, that a combination of any two of the Chairman of the Board , the President, any Executive Vice-President, Senior Vice-President or Vice-President of the corpo- ration be , and that each of them hereby is , authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporation , bonds , undertakings and contracts of suretyship ; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is , authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER , that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond , undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January 1st, 2008. B �^ .. AND j' ,, Y— rt , . ,...,, Np Daniel Young, Vice-President ; °5Q o ' ppk F J� ? U OCT. 6y. o 36 Stephen T. Pate, Senior Vice-President !V! 1 9 State of California County of Orange On _ January 31 , 2011 before me , Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Younq and Stephen T Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ANTONIO ALVARADO capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. �+ COMM. tM 1860643 NOTARY PUBLIC CA1WOANI I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is OFI."E COUNTY true and correct. My cortin. wq*% Aug,. 9, 2013 WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and , furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate . Ihis Certificate is executed in the City yofIrvine. California, this 25 day of January 2012 . By : re40kuilstant Secretary ID- 1438(Rev.01 /11 ) SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond . " I I I t I END OF SECTION f 00430 - Bid Bond REV 04-07 . doc 00430 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\1736-61h Ave SW_Culvert Replacement N of 23rd Sl SW\Admim\Contract Documents\DD430 - Bid Bond REV 04 . 07 . doc Rev. 05m SWORN STATEMENT UNDER SECTION 105 . 089 INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement MUST be submitted with Bid, Proposal or Contract No . 2012033 for 6th Avenue S W Culvert Replacement North of 23rd Street S . W . 2 . This sworn statement is submitted by : 1 m b_�V D S t, V1 11 i Q t (Name of entity submitting Statement) whose business address is : 3 0 Lk) [ �� I -L \ (AO } � I 3 . My name is �� VA (Please print name of individual signing) and my relationship to the entity named above is l Y2� e 5 �jq -e- VJ 4 . I understand that an " affiliate" as defined in Section 105 . 08 , Indian River County Code , means : The term " affiliate" includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity. 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew , niece, husband , wife , father-in-law , mother-in-law, daughter- in- law , son-in-law, brother-in-law, sister-in-law , stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent , or grandchild . i 6 . Based on information and belief, the statement , which I have marked below , is true in relation to the entity submitting this sworn statement . [Please indicate which statement applies . ] _ Lo//Neither the entity submitting this sworn statement, nor any officers , directors , executives , partners , �, . ... shareholders , employees , members , or agents who are active in management of the entity, have any relationships as defined in section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents , who are active in management of the entity have the following relationships with a County Commissioner or County employee : 00452- 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00452 Name of Affiliate Name of County Commissioner Relationship or entity or employee , (Signature) ( at ) STATE OF f� 0Ni � � 1 COUNTY OF17f-v44 441 k The foregoing instrument was acknowledged before me this day of ��� u[ t1 -4� ►'c _ �= 20L-�,) by tv�, -D C' , who is personally known to me or who has produced P%J �,� as identification . O LYUBLIC P C SIGN : PRINT : Notary Public , State at ta ge My Commission Expires : �j � 111 ) ;2p I �L (Seal) I4CPPY PLA VICKIE LEE. WRIGHT , r° * Notary Public • 6tatO of Florida I March 11 , 2012 t * � My Commlaalon exp . I moo ,*adv Cammir�lan # Cn 799 00452-2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00452 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ( " BIDDER") , OR ITS AUTHORIZED REPRESENTATIVE , IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Project No . 1136 for 61h Avenue S . W . Culvert Replacement North of 23rd Street S . W . 2 , This Sworn Statement is submitted by vvt A C' 'k (Legal Name of ntity, Submitting Sworn Statement) V -- Ihereinafter " BIDDER" . - The (4IDDE: P ' s address is _ BIDDER' s Federal Employer IdentificiAtion Number ( FEIN ) is (a Cas' 4:2dA. 3 . My name is 11VLok rb ` and my relationship to the BIDDER (�I�I t Name of Individual Signing ) (Position or Title ) I certify , through my signature at the end of this Sworn Statement , that I am an authorized representative of the BIDDER . 4 , The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553 . 60 et . seq . Florida Statutes and refer to the applicable Florida Statue (s ) and/or OSHA Regulation (s ) and include the " effective date " in the citation (s ) . Reference to and compliance with the applicable Florida Statute (s ) and OSHA Regulation (s ) is the complete and sole responsibility of the BIDDER . Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER' s compliance with the Trench Safety Standards . 5 , The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards . / 6 . The BIDDER has allocated and included in its bid the total amount of $ based on the linear feet of trench to be excavated over five (5 ) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by ins ituting the following specific method ( s ) of compliance on this Project : r/ ® The determination of the appropriate method (s ) of compliance is the complete and sole 'i responsibility of the BIDDER . Such methods will not be checked by the OWNER or ENGINEER for accuracy , completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards . 7 , The BIDDER has allocated and included in its bid the total amount of $ � 60 based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s ) of compliance on this Project : 00454 - Florida Trench Safety Act - REV 04-07 . doc 00454 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culveri Replacement N of 23rd Sl SW\Admim\Contract Documents\00454 - Florida Trench Safety Act - REV 04-07 .doc The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER . Such methods will not be checked by the OWNER or ENGINEER for accuracy , completeness or any other purpose . The OWNER and jj ENGINEER shall have no responsibility to review or check the BIDDER' s compliance with tha Trench Safety Standards . 8 . The BIDDER , in submitting this bid , represents that it has obtained and considered all j available geotechnical information , has utilized said geotechnical information and that , based on such information and the BIDDER's own information , the BIDDER has sufficient knowledge of the Project' s surface and subsurface site conditions and characteristics to assure BIDDER' s compliance with the applicable Trench Safety I ! Standards in designing the trench safety system (s ) for the Project . IIU r BIDDER : r . Ifj By : ---� � Position or Title : e< IGY -gat _ ' Dater t } STATE OF COUNTY OF _ l'\ tP_ I�r� Personally appeared before me , the undersigned authority , I I VVI S who ter first beings o n by me , affixed his/ her si nature in the space provided above on this da � K �uc , 20 . PY PC/ :tA KIE LEE wRic oP * State of FloridaN ry Public , Sta at large Maroh11 , 2o1 � 9alt expMy Commission Expires : mltan * * END OF SECTION F 00454 Florida Trench Safety Act - REV 04-07 .doc 00454 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW Culvert Replacement N of 23rd Sl SW\Admim\Conlracl Documents\00454 - Florida Trench Safety Act - REV 04-07 .doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS . UNDER PENALTY OF PERJURY , the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as r- required . Documentation Submitted with Project No : 1136 Project Name : 61h Avenue S .W . Culvert Replacement North of 23`d Street S .W . 1 . Bidder' s Name / Address : � vud-ti t � , C� C� yCr - L . k A v c . 2 . Bidder' s Telephone & FAX Numbers : Y/ %ter — . 1 % �_- 3 . Licensing and Corporate Status : a . Is Contractor License current? e� 5 b . Bidder' s Contractor License No : LaC=- 6 ;Zcj q- 6 [Attach a copy of Contractor' s License to the bid ] c . Attach documentation from the State of Florida Division of Corporations that indicates the business entity' s status is active and that lists the names and titles of all officers . 4 . Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract : � L V►2 5 . What is the last project OF THIS NATURE that the firm has completed ? 12420 6 . Has the firm ever failed to complete work awarded to you ? _ [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number for each project in which the firm failed to complete the work,. ] 7 . Has the firm ever been assessed liquidated damages ? [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number assessed . ] for liquidated damages have been as ] each project in which Ilq g 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations ? 1 � [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number for each project in which OSHA violations were alleged . ] 00456 - Qualifications Questionnaire . doc 00456 - i R\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00456 - Qualifications Queslionnaire .doc i9 . Has the firm ever been charged with noncompliance of any public policy or rules ? [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number for each project . ] 10 . Attach to this questionnaire , a notarized financial statement and other information that documents the firm ' s financial strength and history . \ 11 . Has the firm ever defaulted on any of its projects ? vC [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which a default occurred . ] 12 . Attach a separate page to this questionnaire that summarizes the firm ' s current workload and that demonstrates its ability to meet the project schedule . 13 . Name of person who inspected the site of the proposed work for the firm : Name : %-� �� J'<<r Date of Inspections : � - � - G> - 14 . Name of on - site Project Foreman : J D 0 Number of years of experience with similar projects as a Project Foreman : 15 . Name of Project Manager : i I ro ySie� Number of years of experience with similar projects as a Project Manager: o ► ' 16 . State your total bonding capacity : l_X.����k-- 17 . State your bonding capacity per job : 1(XJwJ�\ 'Irk 18 . Please provide name address telephone number , and contact person of your bonding company : 1 GLS Bar, ,ZA D-, � r BL5,k [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire . doc 00456 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00456 - Qualifications Questionnaire .doc klow .� 19 , Complete the following table for SIMILAR projects : Date Contact Person :Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount 00456 Qualifications Questionnaire . doc 00456 - 3 INC DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SWtAdmim\Contract Documents\00456 - Qualifications Questionnaire.doc a j I. [NOTE : If requested by the County, the Bidder shall furnish references , and other information , !r sufficiently comprehensive to permit an appraisal of its abilities as a contractorByt / J (Signature ) _ ( Position or Title ) ( Date ) * * END OF SECTION i i f I f I I I I I I I 00456 - Qualifications Questionnaire .doc 00456 - 4 F :\Public Works\ENGINEERING DIVISION PROJECTS\t 136-6th Ave SW Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00456 - Qualifications Questionnaire . doc SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one- half percent of the total bid price , and shall also list pl the portion of the work which will be done by such Subcontractor . After the opening of Bids , changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request . Subcontractors must be properly licensed and hold a valid Certificate of Competency . IIS Ali Documentation Submitted with Project No . 1136 for 6th Avenue S . W . Culvert Replacement North of 23rd Street S . W . Work to be Performed Subcontractor' s Name/Address ,, p �k to l 2 . A3 I 30 4 . 5 , I 6 . 7 , 8 . 9 . 10 . 11 . 12 , 13 , 14 . 15 . 16 , 17 . Note : Attach additional sheets if required . * * END OF SECTION 00458 - List of Subcontractors REV 04-07 . doc 00458 - 4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00458 - List of Subcontractors REV 04-07 .doc giVER � Indian River County Purchasing Division 1800 27th Street Vero Beach , FL 32960 �LOR1�A Phone (772 ) 2264416 Fax (772 ) 770-5140 ADDENDUM NO . 1 DATE . January 26 , 2012 PROJECT NAME : 6TH AVENUE S . W . CULVERT REPLACEMENT NORTH OF 23RD STREET S . W. BID NO . 2012033 PROJECT No . 1136 Bid Opening Date : Wednesday , February 1 , 2012 at 2 : 00 p . m . TO ALL PROSPECTIVE BIDDERS . TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify , correct, or change the Bidding Requirements of the Contract Documents . Therefore , it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents . This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . NO questions will be responded to from this time forward . All Bids , including signature page of Addendum No . 1 , 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 . Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Page 1 of 4 F.• IPublic WorksiENGINEERING DI HSION PROJECTSI1136-6th Ave SW Culvert Replacement N of 23rd St SWIAdmimlAddendumIADDENDUM NO 1. doc CLARIFICATION The Contractor shall provide proper sized equipment for the installation of the box culverts and other structures . The overhead power lines will not be moved for this construction . The use of a crane will not be permitted near the power lines . QUESTIONS/ANSWERS QUESTION NO. 1 The plans say the elevation of the cofferdam will be determined by I . R . F . W . C . D . We need an idea of what that elevation will be since this will determine the amount of bypass pumping (FUEL) that we will use to keep the elevation maintained . ANSWER The two proposed cofferdams top elevation is to be at Elev . 15 . 00 NAVD . QUESTION NO . 2 Will the contractor need to keep a log of the onsite NTU water samples upstream and downstream of construction area and submit to the water management district on a daily basis ? ANSWER A Notice of Intent (NOI) will require a background test prior to construction . NTU water samples will be required once a week . There is a 29 NTU allowance beyond the background test . QUESTION NO . 3 Will any of the existing barricades and barrier walls be left on- site for this project? ANSWER The barricades and barrier will be removed from the project site when the Notice to Proceed is issued . The Contractor will be responsible to maintain the road closure and detouring during construction . Page 2 of 4 F: IPublicWorksIENGINEERINGDIVISION PROJECTSi1l36-6thAve SW Culvert Replacement Nof23rdStSWlAdmimlAddendumlADDENDUM NO 1. doc QUESTION NO . 4 Do the sod areas include the existing banks that will need to be pinned ? ANSWER Grassing on the canal banks may be too steep for sodding . Hydroseed in lieu of sod will be permitted on the canal banks . QUESTION NO . 5 Will there be any extra inspection fees for working on the weekend? ANSWER Regular working hours is between 7 : 00 a. m . to 5 : 00 p . m . Monday through Friday , excluding holidays . Any work beyond these hours (overtime) shall be requested in writing . 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 . See SC - 6 . 02 of Section 600 — Supplementary Conditions to the General Conditions Page 3 of 4 F.• IPublic WorksIENGINEERING DIV7SIONPROJECTSIll36-6th Ave SW Culvert Replacement N of 23rd St SWIAdmimL4ddendumL4DDENDUM NO l. doc 6TH AVENUE S . W . CULVERT REPLACEMENTNORTH OF 23RD STREET S . W . BID NO : 2012033 PROJECT NO : 1136 ADDENDUM NO . 1 * * * * * * This Addendum MUST be SIGNED and RETURNED with your Bid * * * * * * ADDENDUM NO . 1 is submitted by iehael D . Nixon , P. E . , Roadway Production Manager and r J ry Da Pui' • hasing nager Company Name vt" cItb Zc Name : ( VVI b Title : e S cc�Q -ek;j (Type / Printe Authorized Signature : Date : 0 ,�l v 1 1 Telephone . . ►� — �� rax : Page 4 of 4 FAPuhlic li'arks{ENGINEERING DIVISION PROJECTSU136-6thAve SlY CrrhvertReplacement Noj'3rdSt XJII ldrrrimlAddendrnrilADDENDUhI NO Like � � v � rwrCIUH - IF IFF,m DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Fin CONSTRUCTION INDUSTRY LICENSING BOARD % tryt 1940 NORTH MONROE STREET ( 850 ) 487 - 1395 TALLAHASSEE FL 32399 - 0783 It ROSE , TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC 1360 SW OLD DIXIE HIGHWAY # 106 VERO BEACH FL 32962 Congratulations ! With this license you become one of the nearly one million srA;�E of FLgR �prI AC# Ic Floridians licensed by the Department of Business and Professional Regulation , UEPAI�TMLP, nENT ' OFyr BUSINgjSS ' yAND 'I Our professionals and businesses range from architects to yacht brokers fromRb ESDI y ESI,, I2GUI,ATON ' boxers to barbeque restaurants , and they keep Florida ' s economy strong . II ` �1 11 = l �f , '• ' IF CG � 05294 .11 Every day we work to improve the way we do business in order to serve you better . I (JIM 9 � � 15t fl 097 06118, 6 For information about our services , please log onto www . myfloridalicense . com CERTT � -T:l bgq' B ALI ��RA3 ,0 C IOR There you can find more information about our divisions and the regulations that R6E , y TZ+M i�1IIr x impact you , subscribe to department newsletters and learn more about the y , ITC� I11 � Department' s initiatives , ( 1G SNC s Our mission at the Department is : License Efficiently , Regulate Fairly . 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I � �y � 4 r ,,t CARI;I k� Ei n �y]�,�i�,, �y�,� �' JE: : t1 :, `x x,l'ti th �r . t I r Iw Wt r :�� V1 T �'] i7`.4� rFt IF `l ,tr, '� �� 5 i P. 4ff �-' } Ir AiF..�(� ( �7 1 FiFibli'L "Fly I IF [lr�lti/ , � /k alb t ll, . F. 41 1 11IF I PC1+1 .4i" , t .1 4. '� itciT^' 11 ' I, 1^ TV1 � > 4a11rrY a1i 52 y�It It>, � y�" rt �lR' 5i •hr 1 FIFFILIF I 1 2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT # S75343 Jan 09 , 2012 Secretary of State Entity Name : TIMOTHY ROSE CONTRACTING , INC . Current Principal Place of Business : New Principal Place of Business : 1360 OLD DIXIE HWY SW STE 106 VERO BEACH , FL 32962 US Current Mailing Address : New Mailing Address : 1360 OLD DIXIE HWY SW STE 106 VERO BEACH , FL 32962 US FEI Number : 65-0284242 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent : Name and Address of New Registered Agent: ROSE , TIMOTHY W . 1360 OLD DIXIE HIGHWAY SW 106 VERO BEACH , FL 32962 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both , in the State of Florida . SIGNATURE : Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS : Title : P Name : ROSE , TIMOTHY W. Address : 1360 OLD DIXIE HWY SUITE 106 City- St-Zip : VERO BEACH , FL 32962 Title : SEC Name : ROSE , RONALD Address : 1360 SW OLD DIXIE HWY #106 City-St-Zip : VERO BEACH, FL 32962 Title : TREA Name : ROSE , LISA A Address : 1360 SW OLD DIXIE HWY # 106 City- St-Zip : VERO BEACH , FL 32962 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath ; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607 , Florida Statutes ; and that my name appears above, or on an attachment with all other like empowered . SIGNATURE : TIMOTHY W ROSE PRIES 01 /09/2012 Electronic Signature of Signing Officer or Director Date bbb 11M Bob Bai Pra Bonds , Inc . To Whom It May Concern, RB : Timothy Rose Contracting , Inc , . Dear Gentlemen , Please be advised that Timothy Rose Contracting, Inc . , is bonded by Developers Surety and Indemnity Company. We, have bonded the principal since 2003 . We consider the principal to be a valued and respected contractor who has completed all of their projects in a timely and professional. manner , Currently T=' Othy Rose Contracting , lrtc . , has a $ 5 ,000, 000 . 00 single bond guideline and a $ 10 , 000,000 . 00 aggregate . We do not anticipate a problem providing bonds for the principal subject to our receipt and review of a written contract and the bond terms . The request must come from. our client and be accompanied by our normal, underwriting information, We reserve our .right to base our decision to provide bonding at the tirzte of the bond request. Our association with Timothy Rose Contracting, Inc. , has been extremely favorable and we are confident that you will find thein, to be highly qualified and responsive to your needs . If you have any questious please call . Si cerely, Robert Barra President Bob Barra Bonds, Inc . 9373 W . Sample Road, Ste 206, Coral Springs, FL 33065 (954)255-9855 Fax (954) 255-9857 SECTION 00520 - Agreement ( Public Works ) THIS AGREEMENT is by and between INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER ) and l `vh � � 6At < , C_ �� . 5 - T IZ 1' l I -P �. . ' ( hereinafter called.. NTRACTOR) . r OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 = WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents , The Work is generally described as follows : Consists of the installation of a new culvert w/ standard FDOT headwalls on 6t"Avenue S. W. north of 23`d Street S. W. Also included in this project is the reconstruction of the existing sidewalk and roadway. ARTICLE 2 - THE PROJECT 2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows : Project Name : 6th Avenue S . W . Culvert Replacement North of 23rd Street S . W . County Project Number : 1136 Project Address : 6th Avenue S . W . Indian River County , Florida . ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER ' s representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents , ARTICLE 4 - CONTRACT TIMES 4 . 01 Time of the Essence A . All time limits for Milestones , if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Days to Achieve Substantial Completion and Final Payment A . The Work will be substantially completed on or before the 30th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions , and completed and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 45th day after the date when the Contract Times commence to run . Additional time for the box culvert procurement will be 00520 - Agreement ( Public Works) REV 04-07 00520 - 2 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012033 6th Ave SW Culvert Replacement\00520 - Agreement ( Public Works) REV 04-07 . doc add to the contract time if necessary . Written request by the Contractor subject to approval by the Engineer will be required . 4 . 03 Days to Achieve Final Completion and Final Payment A . The Work will be fully completed ( Final Completion ) and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 45th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions , 4 . 03 Liquidated Damages A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty ) , CONTRACTOR shall pay OWNER $ 388 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Substantial Completion until the Work is substantially complete . After Substantial Completion , if CONTRACTOR shall neglect , refuse , or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER $ 388 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for completion and readiness for final payment until the Work is completed and ready for final payment . ARTICLE 5 = CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . 13 , below : A . For all Work , at the prices stated in CONTRACTOR ' s Bid , attached hereto as an exhibit . B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : : Numerical Amount : $ Written Amount : t,kytc ' t yac ' `- � i � � i✓ v ci ` vie Lk A ( :,7t l• +G_� �' i 'Il k kll l V / G ( ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 00520 - Agreement ( Public Works) REV 04-07 00520 - 3 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012033 6th Ave SW Culvert Replacement\00520 - Agreement ( Public Works) REV 04-07 .doc 6 . 02 Progress Payments. A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent ( 5 % ) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( b ) , fifty percent ( 50 % ) completion means the point at which the County as OWNER has expended fifty percent ( 50 % ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents , 6 . 03 Pay Requests. A . Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR ' S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor , services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c) ( 2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 6 . 04 Paragraphs 6 . 02 and 6 . 03 do not apply to construction services work purchased by the County as OWNER which are paid for , in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 6 . 05 Acceptance of Final Payment as Release . A . 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 00520 - 4 00520 - Agreement (Public Works) REV 04-07 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012033 6th Ave SW Culvert Replacement\00520 - Agreement (Public Works) REV 04-07.doc other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however , final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond , ARTICLE 7 - INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions to the Construction Contract , ARTICLE 8 - CONTRACTOR ' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A . CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents . B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . Co CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost , progress , and performance of the Work . D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site ( except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions and (2 ) reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any , expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents . G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . 00520 - Agreement ( Public Works) REV 04-07 00520 - 5 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012033 6th Ave SW Culvert Replacement\00520 - Agreement ( Public Works) REV 04-07 . doc H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents , I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 9 = CONTRACT DOCUMENTS 9 . 01 Contents A . The Contract Documents consist of the following : 1 . This Agreement ( pages 00520- 1 to 00520- 9 , inclusive) ; 2 . Notice to Proceed ( page 00550- 1 ) 3 . Public Construction Bond ( pages 00610- 1 to 0061 -3 , inclusive) ; 4 . Sample Certificate of Liability Insurance ( page 00620- 1 ) ; 5 , Contractor' s Application for Payment ( pages 00622- 1 to 00622 -6 , inclusive ) ; 6 . General Conditions ( pages 00700- 1 to 0070042 , inclusive ) ; 7 . Supplementary Conditions ( pages 00800- 1 to 00800- 10 , inclusive ) ; 8 . Specifications as listed in the table of contents of the Project Manual ; 9 . Drawings consisting of a cover sheet and sheets numbered 1 through 12 , inclusive , with each sheet bearing the following general title : 6th Avenue S . W . Culvert Replacement ; 10 . Addenda ( numbers to , inclusive ) ; 11 . Appendices to this Agreement (enumerated as follows ) : Appendix A — Permits 12 , CONTRACTOR ' S BID ( pages 00310- 1 to 00310-6 , inclusive ) 13 . Bid Bond ( pages 00430- 1 ) , Qualifications Questionnaire ( page 00456- 1 to 00456-4 , inclusive) , List of Subcontractors ( page 00458 - 1 inclusive ) . 14 . Sworn Statement Under the Florida Trench Safety Act ( pages 00454- 1 to 00454.2 , inclusive ) 00520 - Agreement (Public Works ) REV 04-07 00520 - 6 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012033 6th Ave SW Culvert Replacement\00520 - Agreement (Public Works) REV 04-07 .doc 15 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 00452. 1 to 00452-2 , inclusive ) 13 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a ) Written Amendments ; b) Work Change Directives ; c) Change Order(s ) . 14 , Contractor' s Final Certificate of the Work ( page 00632 — 1 & 2 of the Specifications ) ARTICLE 10 = MISCELLANEOUS 10 . 01 Terms A . Terms used in this Agreement will have the meanings indicated in the General Conditions , 10 . 02 Assignment of Contract A . No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment , no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents , 10 . 03 Successors and Assigns A . OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . 10 . 04 Severability A . Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue A . This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County , Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . 00520 - Agreement ( Public Works) REV 04-07 00520 - 7 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012033 6th Ave SW Culvert Replacement\00520 - Agreement ( Public Works) REV 04-07 .doc 10 . 06 Other Provisions [The remainder of this page was left blank intentionally] 00520 - Agreement ( Public Works) REV 04-07 00520 - 8 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012033 6th Ave SW Culvert Replacement\00520 - Agreement ( Public Works) REV 04-07 . doc IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on �c-b� v 1 , 20.a (the date the Contract is approved by the Indian River County Board of County C mmissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR , INDIAN RIVER COUNTY I 1 VtA c may : (.J By : - " - ary C . W eeler , Chairman ( Contractor) a ` By : - ( RPO SEA Joseph/A, aird , County Adm nistrator Attest r ' Z- � APPROVED AS TO FORM AND LEGAL -' SUFF I /� By : i Alan S . Po ackwich , Sr. , County Attorney Address for giving notices : -- `Aw r. Jeffrey K . Barton , Clerk of Court / vzo E`> c L( ( License No . Attest : - - - (Where applicable) Deputy Clerk ( SEAL) Agent for service of process : _ I vv Designated Representative : Name : Christopher J . Kafer Jr . , POMM/ssio Designated Representative : Title : County Engineer , %F�, Name : 1801 27th Street j Title : Vero Beach , Florida 32960 * Address : ( 772 ) 226- 1221 's Facsimile : (772 ) 778 -9391j' , I�OVA;12 UN �„l���Q+ea Facsimile : 4aaaaaaaaa ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) * " END OF SECTION * * 00520 - Agreement ( Public Works) REV 04-07 00520 - 9 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012033 6th Ave SW Culvert Replacement\00520 - Agreement ( Public Works) REV 04-07 . doc SECTION 00550 - Notice to Proceed Dated [Certified Mail -- Return Receipt Requested] TO : ( BIDDER ) ADDRESS : Contract For : 6th Avenue S . W . Culvert Replacement North of 23rd Street S . W . IRC Project No : 1136 IRC Bid No , 2012033 You are notified that the Contract Times under the above contract will commence to run on By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated 30 days for Substantial Completion of this project and 45 days for Final Completion . In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is 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 . Also , before you may start any Work at the Site , you must : (add other requirements , if applicable) INDIAN RIVER COUNTY (OWNER ) By : (AUTHORIZED SIGNATURE ) (TITLE ) 00550 - Notice to Proceed REV 1 -4- 11 . doc 00550 - 1 FAPubhc Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00550 - Notice to Proceed REV 1 -4 - 11 doc Rev . 05101 2195107 THIS DOCUMENT HAS BEEN RECORDED IN 1 HE PUBLIC RECORDS OF INDIAN RIVER COUN1 Y FL BK : 2557 PG : 1762 . Paye1 of 3 02128 , 2012 al 02 : 32 PM . Public Work JEFFREY K BARTON , CLERK OF F. S . Chapter 255 .05 (1)(a) COURT Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 2SS . 0S OR SECTION 713 . 23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME UM1TAT10N PROVISIONS IN SECTION 2SS .OS ( 2) OR SECTION 713 , 23 FLORIDA STATUTES . BOND No: 4 7 913 5 P _ CONTRACTOR NAME: Timothy Rose Contracting , Inc, CONTRACTOR ADDRESS: 1 360 SW Old Dixie Hwy . , Ste 106 Vero Beach , FL 32962 CONTRACTOR PHONE NO: 772 - 564 - 7800 SURETY COMPANY NAME* Developers Surety and Indemnity Company w. SURETY PRINCIPAL 100 Second Avenue South , Ste 704S BUSINESS ADDRESS: St . Petersburg , FL 33701 SURMPHONE NO: 727 - 822 - 5610 z` Indian River County Board of County Commissioners OWNER NAME: - OWNER ADDRESS: 1800 27 Street Vero Beach , FL 32960 _ OWNER P1iONE NO: 772 - 567 - 8000 OBLIGEE NAME: (If ptntracyft entity is different Lrom the ownrr, t}ie contracting public e2ktity) lF OBLICEE ADDRESS: OBLICEE PHONE NO: BOND AMOUNT: $ 1 6 4 , 3 8 5 . 9 5 CONTRACT NO : Bid Noe2012033 t+ (If applicable) DESCRIMON OF WORK: 6th Avnue SW Culvert Replacement North of 23rd Street SW PROJECT LOCATION: Vero Beach , FL rc LECAL DESCRIPTION : - (if applicable) 3 NROWI' PAGE Ad otber bond paV(s) are deemcd f nbsatnenT In This pace regardlea o1 any Page number(s) that may he 1winled thereca 00010 - 2 00610 - Public Gautruction Bond.doC !w '= F'Wubhe WotkMENGINEERINC DIVISION PROJECTS\1136-6th Ave SW. Culvort Repiawittent N of 23rd St SWVAdmtm\Contracl PUBLIC CONSTRUCTION BOND Bond No . 479135P ( enter bond number ) THIS BOND , We Timothy Rose Contracting , Incas Principal and Developers BY Indian River Count Surety & Indemnity ge corporation , as Surety , are bound to y herein called Owner , in the sum of $ 16 4 5 . 9 , for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally . THE CONDITION OF THIS BOND is that If Principal ; 1 . Performs the Contract dated >-ca .a' between Principal and Owner for construction of 6th Avenue Ow Cu ert Replacement Nortthe contract being made a part of is n y erence , at the times and in the manner prescribed in the contract ; and 2 , Promptly makes payments to all claimants , as defined in Section 255 05 ( 1 ) , Florida Statutes , supplying Principal with labor , materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3 . Pays Owner all losses , damages , expenses , costs , and attorney's fees , including ®r appellate proceedings , that Owner sustains because of a default by Principal under the contract; and 4 . Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 2) , Florida Statutes . _ It ncompliance Any changes in or under the contract documents and compliance or no Mod with any formalities connected with the contract or the changes does not affect Surety' s obligation under this bond , ' DATED ON February 17 , 2012 Y !` ,\ PILL r. Timothy Rose Contracting , :' l� lylc ^, � ' Name of P i al _ :y. ,r <_�t ' r doossooddo Timothy Rose Presidenq •r T r evelopeMs Surety & Ind6, rnity ; 6CompaF f Name of Surf % L M ' do Robert Barra ney1n : 'F.i#ct d. 00610 IF 3 If 6 00610 - Public COOSilu 9ott tfOC F :\Publ� Works\ENGINEERING DIVI$ IQN PRUIECTS\ 1136-6th Ave SW_cuivert Replacement N of 23cd St SWadm�Noon�d Docurnents\0000 - Public consuvoon Bond.dm POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263113300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: "' Robert Barra"' as its true and lawful Attomey(s}ir Fad. to make, execute, deliver and acknowledge, for a ° P°orm every act recessary, requiisite orsuproper to be done connection Uierevritti, undertakings and contracts oas each oflsaid givrg and granting unto said Attcrney(s}in Fad fup power and authority to do and b peri corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of ft acts of said Attomey(s)4n Fact, pursuant to these presents, are hereby ratified and confirmed. by facsaniie under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- This Power of Attorney is granted and is signed NfTY COMPANY, effective as of January 1st, 2008 . corpo- RESOLVED, that a combination of any two of the Chairman of the Board , the President any Executive Vice President, Senior Vice-President or VicePresident of the or ration be , and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attorney(s) named in the Power of Attorney to execute , on behaff of the corporation , bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; any such Power of Attorney or so affixed and in the future with respect to any bond , undertaking to any certificate retorting thereto by facsimile , and any such RESOLVED, FURTHER, that the signatures of such officers may be affixed to pon the corporation when s Power of Attomey bearing or certificate such facsimile signatures shall be valid and binding u or contrad of suretyship to which it is attached . IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and atlested by its Secretary or Assistant Secre- tary this January 1 st, 2008 . 46i "Nn./ ata� � ' AND tiy�N By � FAniel Young, VcePresident Cc 01C,0T. . n to 10, By" G 'o>„ 1936 +D Stephen T. Pate, Senior Vice-President .�7�,•. /OW Ik ••'� State of California •�~'"",• *•"N ~ �, County of Orange Antorao Alvarado Public On January o 2011 before me, Mete Insert Name and Title of the Officer Date Dar" yourin and Sk#w T. Pate personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) istare subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in his/her/their authorized capacty(es) and that by NslherAhea signature(s) on the instrument the person(s), or the entity upon behalf of ANTONIO ALVARADO which the person(s) acted, executed the instrument. �v CQMM. # 1980643 NOTARY PUBLIC CALiFOR GAS I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 3 ORAMf3E COUWY true and correct- My orrec.'tMy corrin+. expkes Aug. 9, 2013 WITNESS my hand and official seal. r 00000 Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE iA The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foreg°Yg i?dvrer dsY, remains in full force and has not been revoked and , furihemrore, that the provisions of the resolution of the Board of Directors of said corporation set fortbin the ¢ ofAt�rnease ill •.; ; . 111 4 force as of the date of this Certificate. " 'a , It This Certificate is executed in the City of Irvine, Caldomia , this 17 day of F eb r ua r y 2012 s 1 It By-, 4, 4rg Oku , Cant Secretary ID- 1438(Rev.01111 ) From . Tani Jacobson FaxlD : STUINS- FAX01 Page 2 of 2 Date 211612012 03 : 11 PM Page : 2 of 2 OP ID : TJ CERTIFICATE OF LIABILITY INSURANCE 02DATE 02/161116112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S) , AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy( les ) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCERCONTACT 772m286=4334 Stuart Insurance , Inc. NAME ' 3070 S W Mapp 772 -286-9389 PHC rNo E : FAC No : Palm City , FL 34990 E -MAIL Rick Halcomb , CIC , ARM ADDRESS : PRO ICER CUSTOMER ID 1 : TIMOR- 1 INSURERS AFFORDING COVERAGE NAIC INSURED Timothy Rose INSURERA : Westfield Insurance 24112 Contracting , Inc . INSURER B : 1360 Old Dixie Hwy SW INSURER C Vero Beach , FL 32962 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES , LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSIR ALI SUBIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE WVD POLICY NUMBER MMIDOrNYYI (MMIDDNYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000, 00 A X COMMERCIAL GENERAL LIABILITY X CMM6079889 06/06 /11 06 /06/12 DAMAGE TO RENT Eu� PREMISES Ea occurrence $ 100100 CLAIMSMADE 5XI OCCUR MED EXP ( Any one person ) $ 5900 X Contractual Liab PERSONAL & ADV INJURY $ 11000100 X Incl XCU GENERAL AGGREGATE $ 29000100 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2, 000, 00 17 POLICY FX PJERCoi Ll LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $( Eaacciden1 , 000, 00 A X ANY AUTO CMM6079889 06/06/11 06/06/12 q _ _ BODILY INJURY ( Per person ) $ ALL OWNED AUTOS BODILY INJURY ( Per accident ) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS ( Per accident) X NON- OWNED AUTOS $ $ UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 31000, 00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3, 000 , 00 A CMM6079889 06/06/11 06 /06/ 12 DEDUCTIBLE $ RETENTIONSTATI S WOPoT(ERS COMPENSATION WCRY LIMITS R 1 AND EMPLOYERS' LIABILITY YIN IMITEER ANY PROPRIETORIPARTNERIEXECUTIVEEl NIA E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E L . DISEASE - EA EMPLOYEEI $ If as , describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ A rontractors Equip CMM6079889 06/ 06 /11 06106/12 Rented 50100 Equipment $ 1000 de DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Ramart(a Schedule , if mon apace Is required) Grading of LandlSite Prep - State of Florida RE : 6th Ave SW Culvert Replacement, North of 23rd St sw Indian River County is additional insured or general liability CERTIFICATE HOLDER CANCELLATION IRCBC -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . Indian River County Attn : Purchasing Division AUTHORIZED REPRESENTATIVE 27th Street Vero Vero Beach , FL 32960 O 1988-2009 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2009/09) The ACORD name and logo are registered marks of ACORD Feb 20 12 12 : 37p Employee Pro 9042780558 p , l CERTIFICATE OF LIABILITY INSURANCE FC CTE`(0N2 C9 ;; ! B AM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S ), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the ceeficate holder Is an ADDITIONAL INSURED , the pollcy( ies) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement , a statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s ). PRODUCER cornu. naNe Highpoint Risk Services LLC rxareru. w. mc (800) 726.0623 Fssruc, sp ; (972 ) 404-03BO 5510 LBJ Freeway , Suite 1200 Ex sooacss: Dallas , TX 75240 INSURERS AFFORDING COVERAGE NAlC f INSURER A cor'2'nion FroPercy "da ,o, tty tns � rance c�sny 1215 ' INSURED: PPS '_ / C / f : INSURERB' TIMCTHY ROSE CCt: TRAC': ING , INC . INSURER C: 1360 Sy: OLD D = X .IE HW -i SU: TE 126 INSURER D : V? RO BEACH , F :. 32962 Phone : # 2 ) 2E6 - 4334 Fax : ( 1 - INSURER E: INSURER F. COVERAGES CERTIFICATE NUMBER: AC12 - 18900165 - 1073308 REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN VE RIPEN RE nI ICF Y PAIn CI A IMS NSR TYPE OF INSURANCE ADDL 3U8R POLICY NUMBER POLICY EFF POLICY EXP LIMITS TR IAMJR WVD TE II DATEIMMIODfYYI GENERAL LIABILITY EACH OCCURRENCE g COMMERCIAL GENERAL LIABILITY DAMAGE ORtN uvPREM .nco) 5 CLAIMS MADE ❑ OCCUR ❑ ❑ MED EXP (Any one parson) S PERSONAL A ADV INJURY S GENERAL AGGREGATE S GEML AGGREGATE UMIT APPUES PER: PRODUCTS - COMP/OP AGO f POLICYr"l JFERO•T r7 LOC S AUTOMOBILE LIABILITY COMBINED SINGLE UMIT ANY AUTO (Ea amdent) S ALL OWNED AUTOS ❑ ❑ BODILY INJURY (Per person) S SCHEDULED AUTOS BODILY INURY Par acc'iderlry S HIRED AUTOS PROPERTY DAMAGE S (Per sceWenq NON-OWNED AUTOS 5 S UMBRELLA LLABCLAJMS,MADE EACH OCCURRENCE f EXCESS UAB OCCUR D AGGREGATE f DEDUCTIBLE S RETENTION f S WOR IRS COMPENSATION AND X TOR UMI S OTM EMPLOYERS' UABILITY YINFtER ANY PROPERIETORIEXECUTIVE O E. L- EACH ACCiDEN7 $ L000000 OFFICER. MEMBER EXCLUDED? NIA DPF00143530060 01 / 01 / 2012 01 / 01 / 2013 1000000 A (Mandatory In NH) E. L . DISEASE - EA EMPLOYEE S If yea, describe under E.L. DISEASE - POLICY LIMIT S 10130000 SPECIAL PROVISION below DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attschad ACORD101 , Additional Ramsrks Schedule, H more space is mquirsd This certificate r i S in effectt ro ided th cl1ient ' s ccount is in pod standin w tth PPS . ov88ragqe is qt pLovLede� r an Y emAlo �Q or whic� th c _ 1 n not re rii waj s oto SPS . DR11 � S0 iU 9C DL jhe YmA 0 Mat o : PS leaved tp TIMO� HY F. e CemenACTINC: � i � ., �eftective 11770011 flflLL 1111 PPr ^ ttIh _ oCLmation : bthh AEe . SW CLllert 1Ret acement Nort o 23r St . Sw ns re is of o d O rs ompensation 6 mployers iabi i y as a co - emp oyer un er the po cy for emp OyeeS leaserd ? rom . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH = NDIh22 RIVER COUNTY PURCHAS : N' DEPARTh; El: T THE POLICY PROVISIONS. - E00 2 ' th STREET VFPO REACH , CL 32960 r AUTHORIZED REPRESENTATIVE ACORD 25 (2010105 ) © 19884010 ACORD CORPORATION . All right reserved SECTION 00622 - Contractor ' s Application for Payment 6t " Avenue S . W . Culvert Replacement North of 23rd Street S . W . Application for Payment No . For Work Accomplished through the period of through To : Indian River County ( OWNER ) From : ( CONTRACTOR ) Bid : 2012033 Project : 1136 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or - ) : $ 3 . Current Contract Price ( 1 plus 2 ) : 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement ) : -- -- -- - % -of-completed work; - $- - - - - - -- - - - of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7 ) : $ CONTRACTOR' S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; ( 2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , below ; ( 3 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances ( except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (4 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective ; and ( 5 ) If this Periodic Estimate is for a Final Payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , ( Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Attached to or submitted with this form are : 1 . Signed release of lien forms ( partial or final as applicable ) from all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , together with an explanation as to why any release of lien form is not included ; 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 1 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd Sl SW\Admim\Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev. 05/01 Page 2 of 6 2 . Updated Construction Schedule per Specification Section 01310 , and Dated By : ( CONTRACTOR — must be signed by an Officer of the Corporation ) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared who being by me first duly sworn upon oath , says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it , and that he/she executed the above Contractor' s Application for Payment and Contractor' s Certification statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct , and complete . Subscribed and sworn to before day ofis personally known to me or has produced as identification . NOTARY PUBLIC : ( SEAL ) Printed name : Commission No . : Commission Expiration : **************************************************************************************************** [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_ Culvert Replacement N of 23rd St SW\Admlm\Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev .doc Rev. 05/01 Page 3 of 6 SURETY ' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , , a corporation , in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR ' s APPLICATION FOR PAYMENT . TO BE EXECUTED BY CORPORATE SURETY : Attest . Secretary Corporate Surety Business Address BY : Print Name : Title . (Affix Corporate SEAL ) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared to me well known or who produced as identification , who being by me first duly sworn upon oath , says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment . Subscribed and sworn to before me this day of , 20 Notary Public , State of My Commission Expires : **************************************************************************************************** [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 3 F '\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW -Culvert Replacement N of 23rd St SWWdmim\Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev .doc Rev . 05/01 Page 4 of 6 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and /or material supplied by the Contractor . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE CERTIFICATION OF INSPECTOR : I have checked the estimate against the Contractor' s Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project . To the best of my knowledge , this statement of work performed and /or materials supplied appears to be reasonably accurate , that the Contractor appears to be observing the requirements of the Contract with respect to construction , and that the Contractor should be paid the amount requested _ above , unless_ otherwise noted by me . I am not certi fvincas_ to _ whetheer or_ _n-ot the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE ************************************** ************************************************************** [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 4 r :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_ Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev . doc Rev . 05/01 Page 5 of 6 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid ( attach additional pages as necessary) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed - - -- release ofiien form (partial or-fin atas-appIiGab [e)-Tse tincluded-with thisPay - -- Request , together with an explanation as to why the release of lien form is not included ( attach additional pages as necessary) . 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 5 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00622 - Contractors Application for Payment - 03- 10 rev . doc Rev. 05/01 PROJECT NAME : 6`h Avenue S . W . Culvert Re lacem nt North of 23 `6 Street p � S W . Project No . 1136 Payment Application No . WORK COMPLETED PREVIOUS BALANCE TO SCHEDULED VALUE APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS FINISH Item No . Description Unit Quantit Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL SUBTOTAL SUBTOTAL 0 . 00 1 0 . 00 O . O0 0 . 00 0 . 00 0 . 00 FORCE ACCOUNT 1 LS GRAND TOTAL TOTAL 0 . 00 AMOUNT COMPLETED TO DATE $0. 00 MATERIALS STORED TO DATE $0 .00 SUB-TOTAL MATERIALS STORED AND COMPLETED TO DATE $0 . 00 M RETAINAGE AT 10 % $0. 00 0 rn i TOTAL COMPLETED AND STORED LESS RETAINAGE $0 .00 N LESS PREVIOUS PAYMENT $ 0 . 00 N 0) AMOUNT DUE CONTRACTOR $0.00 F : \ Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 - 6th Ave SW_Culvert Replacement N of 23rd St SW\Admim \Contract Documents\00622 - Contractor ' s Application for Payment Spreadsheet Example . doc SECTION 00630 = Certificate of Substantial Completion Date of Issuance : 20 OWNER : Indian River County CONTRACTOR : Project : 6th Avenue S . W . Culvert Replacement North of 23rd Street S . W . Bid No . 2012033 ENGINEER' s Project No . 1136 CONTRACT FOR : 6th Avenue S . W . Culvert Replacement North of 23 `d Street S . W . This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To , CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion REV 04 -07 . doc 00630 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS0136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00630 - Certificate of Substantial Completion REV 04-07 .doC The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : CONTRACTOR : The following documents are attached to and made a part of this Certificate : (For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR' s obligation to complete the Work in accordance with the it Documents . Executed by ENGINEER on : ( Date ) . ENGINEER : By : (Authorized Signature ) CONTRACTOR accepts this Certificate of Substantial Completion on ( date ) . CONTRACTOR : By : (Authorized Signature ) OWNER accepts this Certificate of Substantial Completion on ( date ) . OWNER : INDIAN RIVER COUNTY By : (Authorized Signature ) * * END OF SECTION 00630 - Certificate of Substantial Completion REV 04 -07 . doc 00630 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00630 - Certificate of Substantial Completion REV 04 -07 .doc SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 20 , enter into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents , 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below . 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 . 00632 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00632 - Contractor's Final Certification REV 04-07 . doc ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this _ day of 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632 - 2 F: \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00632 - Contractor's Final Certification REV 04 -07 . doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK ( TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by : ( Insert name of CONTRACTOR ) Who is the CONTRACTOR for the following Project : PROJECT NAME : 6th Avenue S .W . Culvert Replacement North of 23 `d Street S .W . INDIAN RIVER COUNTY PROJECT # 1136 1 FURTHER_ CERTIFY that_ I have r) ersonally_perormed the survey-work for the - preparation -- of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below . [Attach additional sheets as necessary] ( SURVEYOR ' S SEAL ) CERTIFIED BY : Printed Name : Florida Professional Surveyor and Mapper Registration Number : Date Signed and Sealed by Professional Surveyor and Mapper: Company Name : Company Address : Telephone Number : 00634 - Professional Surveyor and Mapper's certification as to Elevations and Locations of the Work REV 04-07 . doc 00634 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culveri Replacement N of 23rd St SWWdminn Contract Documents\00634 - Professioial Surveyor and Mapp&s Certification as to Elevations and Locations of the Work REV 04 -07 . doc Rev . 06101 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE - - a pracfic&-d sion ei#he - - - -- - - - - - -- - - - 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 Contractors of America Construction Specifications Institute 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 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 01 Defined Terms ' , , . . " , . " . , , . . . . . . . . . . . . . . . I I I I I d I I * 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 01 Deliveryof Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents . I I I I I I I I I I I I I I I d . I I I I I I I I I I . . . . . . . . . . . . . . . . . . . . . . . . 0 a M h . # ON a oom a M48 2 . 03 Commencement of Contract Times; Notice to Proceed . . . , . , , , I " , I " , . . . 11111111108 2 . 04 Starting the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 05 Before Starting Construction . . , . , . , " . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 , 8 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . . " , , , , , " , , . , , , , 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3-. WAmending and Supplementing Contract Documents . . . . . . . . : . . . . . . . . : . . . . : : . . :. . . fib 3 . 05 Reuse of Documents . . . . . . . . . . . 01 , 111 , 1111 , 11 " . . 0111111 P 10 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % , MMaMfiMS4l 1 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . . I I I I I I 1 0 1 P I I * q 0 4 1 1 1 1 1 1 1 1 1 1 a I I I . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 01 Performance, Payment, and Other Bonds . , . . , I M I I a a 0 M a a a a * 4 F V 14 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 04 CONTRACTOR 's Liability Insurance , , , . , , , , . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I 1 0 & a a & 4 15 5 . 05 OWNER 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 06 Property Insurance , , . , . , , , , , , , , . . , . . . . % . . . . . . . . . . I I * I I I 1 0 1 1 1 1 1 1 1 1 . . . 0 0 . E b . . . I I I I I I I I I I I I I I I * * a o 0 a * . . & o . I I I I I I M . A 1 6 5 . 07 Waiver of Rights . . . . 111111h , 11111111111 . 11111b " , 111111 . 0 1100010 . 11 . 1 . INS Woo . & . . . pm . 00 . . . . . . . . . . . . . 4 . vog * 17 5 . 08 Receipt and Application of Insurance Proceeds . , . . , , . . o & * Goossto . . . . . . . . * . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M a & 0 17 5 . 09 Acceptance of Bonds and Insurance; Option to Replace . , , , , . , . , , ' . . " , " . , " I ' ll 1111MM6 at h h . vopsoffiv , 10FOPP1 7 5 . 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR 'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 01 Supervision and Superintendence . . . . . . * & W * * . a 4 . & . W W . . 0 1 1 1 1 1 1 1 1 1 1 1 d a 0 6 0 18 6 . 02 Labor, Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 05 Substitutes and "Or-Equals ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 00700 - General Conditions REV 04-07 . doc 00700 - 2 F Tublic Works\ENGINEERING DIVISION PROJECTS\I 136-6th Ave SW-Culvert Replacement N of 23rd St S W\Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc 6 . 08 Permits ' , , " % I a Wk6 . Pon , , . . . . am I I I . M ' Uppe , . . . . a a o " . . 1011111 2 1 6 . 09 Laws and Regulations . , , ' . . , , ' , , , . . . . P 0 a . a a a P m a a . . . I ' m , , " . . . . . " , a * . . . . . * a . & . . . . . III . . 011 . . . . a , * , . . . . 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 16 Emergencies . . . . 16 , . . . . . . . . . . . . . . . . . . . . . . . . P a a a . . . . If 1 . 11 , 1 " . . P goo . . . . . . . . . . . . . . m . . . . 23 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . b . . . . a 0 0 P a a a b & , 6 a 0 . . . . . 6 m . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . m23 6 . 18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 19 CONTRACTOR 's General Warranty and Guarantee ' . . . . , . . . , , , . , , . . . V a a 0 a m a a a . a a . . . . . . 0 . . . . . . . . a m a m a a . F 0 b a a a a a . . . . . & . . . . . 24 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 - - - -- -_, 8.Q61ands_and .Easements, Reports- and-Tests -- 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 10 Undisclosed Hazardous Environmental Condition . , ' . . . . " " , , " " . , . . . . . . . . . . . . . . . 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 05 Authorized Variations in Work . . . Ploomm * % Man memo . . . . . . . Pon 11 % 111 , , . 1 . . . . 11 . 1164a0628 9 . 06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 10 NEW CHANGES IN THE WORK ; CLAIMS " , 111111111111 " o . ' o . . . . . . . . It . . . . . . . . . . . . . . . Noonan WPM I * , IDISES & memo 1429 10 . 01 Authorized Changes in the Work . . . " I ' V1110 * 11 " I ' ll , bob . . . mamma POPE " " . * # * * 1mmmm Panama . . . . . . . . . . . . . 29 10 . 02 Unauthorized Changes in the Work . . . . . . . . all , 1111141614106 owns m E66660a 1111mmmmm . m . . . . . . F4111P111111 . 0 . 29 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 11 NEW COST OF THE WORK ; CASH ALLOWANCES ; UNIT PRICE WORK , . " . . , . . . 11 . 01 Cost of the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 11 . 02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 00700 OF General Conditions REV 04 -07 . doc 00700 - 3 F'Public Works\ENGINEERING DIVISION PROJECTS\l 136-6th Ave SUN Culvert Replacement N of 23rd St SNMdmim\Contract Documents\00700 - General Conditions REV 04-0: . doc 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 12 . 03 Delays Beyond CONTRACTOR 's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 06 Delay Damages , I 1 0 1 1 1 1 1 . . I I I I * a r v . a 0 0 a * . P * I I I I I * I I % I m & E v r . 0 0 a b h . m 0 * o 0 a a 0 1 9 9 1 a M & a r v M 0 & b h v m o W 0 a & a v v 0 m * & a * a M 9 b 9 & a & m m v 0 a a m m m 0 a . & r v v 0 & a . m , , 0 . . . 34 ARTICLE 13 _ TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 01 Notice of Defects . , , . , . , . . . . * & * a 0 & 0 r v 0 M 0 a . . . . . . . . . . . . . . . o a W 0 1 P v a a 0 o . . . . . . . . . . . . . . . . 0 A a a a & . I a m a 0 0 v . . . . . 34 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 08 Acceptance of Defective Work, I I I I I 1 0 4 1 1 1 1 1 . . . . . . . . . . . . 1 1 1 1 1 0 1 0 # 6 1 1 1 1 0 1 M * a a . P a o * & d r . 036 13 . 09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 14 . 02 Progress Payments , , . . . , , . , Is , 111111111111P111111 . . . . m . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . 14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 - - -- - -- - - - -14. D4 ubstantiaLCompletion,, r ,T. .. ... . . _.,..rr,.,, . . . r. , , ffr ,. ., . .71 - 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ARTICLE 17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 17 . 04 Survival of Obligations , . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 17 . 05 Controlling Law . . . . P . . . . I I I I I I I 1 0 6 1 P I P I a P a 0 a W r & 4 o o I v I I I I I I I 1 0 0 1 1 1 1 1 a 0 . a . I a a & b W * 6 . . . . 42 00700 - General Conditions REV 04 -07 . doc 00700 - 4 F\Public Works\ENGTNEERING DIVISION PROJECTS\1136-6th Ave SW_Culven Replacement N of 23rd St SW\Admim\Contract Docurnents\00700 - General Conditions REV 04-07-doe GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times , or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract . A demand for money or services by a third party is not a A . Wherever used in the Contract Documents Claim . and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and CONTRACTOR concerning the Work . The Contract 1 . Addenda--Written or graphic instruments supersedes prior negotiations , representations , or issued prior to the opening of Bids which clarify, agreements , whether written or oral , correct, or change the Bidding Requirements or the Contract Documents . 12 . Contract Documents--The Contract Documents establish the rights and obligations of the 2 . Agreement--The written instrument which parties and include the Agreement , Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents ) , CONTRACTOR's CONTRACTOR covering the Work . Bid ( including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award ) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement , the Notice to Proceed , the Bonds , these - - --- CONTRACTOR durinq the course o_f the __Work in General _Conditions the_ Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement , together as is required by the Contract Documents , with all Written Amendments , Change Orders , Work Change Directives , Field Orders , and ENGINEER 's 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement . Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files 5 . Bid--The offer or proposal of a bidder in electronic media format of text , data , graphics , and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents . 6 , Bidding Documents--The Bidding 13 . Contract Price--The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the ( including all Addenda issued prior to receipt of Bids ) . Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7 . Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work ) . Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14 . Contract Times--The number of days or with any supplements . the dates stated in the Agreement to : ( i ) achieve Substantial Completion ; and ( ii ) complete the Work so 8 . Bonds--Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER 's written recommendation of final pay- ment . 9 . Change Order--A document recommend - ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR--The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement. revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work--See paragraph 11 . 01 .A Effective Date of the Agreement . for definition . 00700 - Genera] Conditions REV 04 -07 . doc 00700 - 5 F_\Public Works\ENGINEERING DIVISION PROJECTS\ I 136-6th Ave S W_Culven Replacement N of 33rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-0'7 .doc 17 . Drawings--That part of the Contract Documents prepared or approved by ENGINEER 28 . Notice of Award--The written notice by which graphically shows the scope , extent , and OWNER to the apparent successful bidder stating that character of the Work to be performed by upon timely compliance by the apparent successful CONTRACTOR . Shop Drawings and other bidder with the conditions precedent listed therein , CONTRACTOR submittals are not Drawings as so OWNER will sign and deliver the Agreement. defined . 29 . Notice to Proceed--A written notice given 18 . Effective Date of the Agreement--The by OWNER to CONTRACTOR fixing the date on date indicated in the Agreement on which it becomes which the Contract Times will commence to run and effective , but if no such date is indicated , it means the on which CONTRACTOR shall start to perform the date on which the Agreement is signed and delivered Work under the Contract Documents , by the last of the two parties to sign and deliver . 30 . OWNER--The individual , entity, public 19 . ENGINEER--The individual or entity body, or authority with whom CONTRACTOR has named as such in the Agreement , entered into the Agreement and for whom the Work is to be performed . ow entity having a contract with ENGINEE rnish 31 . Partial Utilization--Use by OWNER of a services as ENGINEER's ind ent professional substantially completed part of the Work for the pur- associate or consult respect to the Project and pose for which it is intended ( or a related purpose ) who is led as such in the Supplementary prior to Substantial Completion of all the Work . 70 32 . PCBs--Polychlorinated biphenyls . 21 . Field Order--A written order issued by -_ENGINEER-which_ - requires _ _ minor _changes- in AhE _ __ - _---- _-_ 33 . -_Petroleum--P_etroleum ,_including crude oil _ _ -- -- - Work but which does not involve a change in the or any fraction thereof which is liquid at standard Contract Price or the Contract Times , conditions of temperature and pressure (60 degrees Fahrenheit and 14 . 7 pounds per square inch 22 . General Requirements--Sections of absolute ) , such as oil , petroleum , fuel oil , oil sludge , oil Division 1 of the Specifications . The General refuse , gasoline , kerosene , and oil mixed with other Requirements pertain to all sections of the Specifica- non - Hazardous Waste and crude oils . tions . 34 . Project--The total construction of which 23 . Hazardous Environmental Condition--The the Work to be performed under the Contract presence at the Site of Asbestos , PCBs , Petroleum , Documents may be the whole , or a part as may be Hazardous Waste , or Radioactive Material in such indicated elsewhere in the Contract Documents , quantities or circumstances that may present a substantial danger to persons or property exposed 35 . Project Manual--The bound documentary thereto in connection with the Work , information prepared for bidding and constructing the Work . A listing of the contents of the Project Manual , 24 . Hazardous Waste--The term Hazardous which may be bound in one or more volumes , is Waste shall have the meaning provided in Section contained in the table (s ) of contents . 1004 of the Solid Waste Disposal Act (42 USC Section 6903 ) as amended from time to time . 36 . Radioactive Material--Source , special nuclear, or byproduct material as defined by the 25 . Laws and Regulations; Laws or Regulat- Atomic Energy Act of 1954 (42 USC Section 2011 et ions--Any and all applicable laws , rules , regulations , seq . ) as amended from time to time , ordinances , codes , and orders of any and all govern - mental bodies , agencies , authorities , and courts 37 . Resident Project Representative--The having jurisdiction , authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 26 . Liens--Charges , security interests , or encumbrances upon Project funds , real property, or 38 . Samples--Physical examples of personal property, materials , equipment , or workmanship that are representative of some portion of the Work and which 27 . Milestone--A principal event specified in establish the standards by which such portion of the the Contract Documents relating to an intermediate Work will be judged , completion date or time prior to Substantial Comple- tion of all the Work . 00700 - General Conditions REV 04-07 .doc 00700 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW1Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc 39 . Shop Drawings--All drawings , diagrams , 48 . Work--The entire completed construction illustrations , schedules , and other data or information or the various separately identifiable parts thereof re- which are specifically prepared or assembled by or for quired to be provided under the Contract Documents . CONTRACTOR and submitted by CONTRACTOR to Work includes and is the result of performing or illustrate some portion of the Work , providing all labor , services , and documentation necessary to produce such construction , and 40 . Site--Lands or areas indicated in the furnishing , installing , and incorporating all materials Contract Documents as being furnished by OWNER and equipment into such construction , all as required upon which the Work is to be performed , including by the Contract Documents . rights-of-way and easements for access thereto , and such other lands furnished by OWNER which are 49 . Work Change Directive--A written designated for the use of CONTRACTOR . statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by 41 . Specifications--That part of the Contract OWNER and recommended by ENGINEER ordering Documents consisting of written technical descriptions an addition , deletion , or revision in the Work , or of materials , equipment , systems , standards , and responding to differing or unforeseen subsurface or workmanship as applied to the Work and certain physical conditions under which the Work is to be administrative details applicable thereto . performed or to emergencies . A Work Change Directive will not change the Contract Price or the 42 . Subcontractor--An individual or entity Contract Times but is evidence that the parties expect having a direct contract with CONTRACTOR or with that the change ordered or documented by a Work any other Subcontractor for the performance of a part Change Directive will be incorporated in a subse- of the Work at the Site . quently issued Change Order following negotiations by the parties as to its effect , if any, on the Contract Price 43 , Substantial Completion--The time at or Contract Times . ----- - - - . whict#-tire - Work- -{er- -a specified-- part - thereof) . progressed to the point where , in the opinion of 50 . Written Amendment--A written statement ENGINEER , the Work (or a specified part thereof) is modifying the Contract Documents , signed by sufficiently complete , in accordance with the Contract OWNER and CONTRACTOR on or after the Effective Documents , so that the Work (or a specified part Date of the Agreement and normally dealing with the thereof) can be utilized for the purposes for which it is nonengineering or nontechnical rather than strictly intended . The terms "substantially complete" and construction -related aspects of the Contract Docu- "substantially completed " as applied to all or part of the ments . Work refer to Substantial Completion thereof. 1 . 02 Terminology 44 , Supplementary Conditions--That part of the Contract Documents which amends or A. Intent of Certain Terms or Adjectives supplements these General Conditions . 1 . Whenever in the Contract Documents the 45 . Supplier--A manufacturer, fabricator, terms "as allowed , " "as approved , " or terms of like supplier, distributor , materialman , or vendor having a effect or import are used , or the adjectives direct contract with CONTRACTOR or with any " reasonable , " "suitable , " "acceptable ," "proper, " Subcontractor to furnish materials or equipment to be "satisfactory, " or adjectives of like effect or import incorporated in the Work by CONTRACTOR or any are used to describe an action or determination of Subcontractor . ENGINEER as to the Work , it is intended that such action or determination will be solely to evaluate , in 46 . Underground Facilities--All underground general , the completed Work for compliance with pipelines , conduits , ducts , cables , wires , manholes , the requirements of and information in the Contract vaults , tanks , tunnels , or other such facilities or Documents and conformance with the design attachments , and any encasements containing such concept of the completed Project as a functioning facilities , including those that convey electricity, gases , whole as shown or indicated in the Contract steam , liquid petroleum products , telephone or other Documents ( unless there is a specific statement communications , cable television , water , wastewater , indicating otherwise ) . The use of any such term or storm water , other liquids or chemicals , or traffic or adjective shall not be effective to assign to ENGk other control systems . NEER any duty or authority to supervise or direct the performance of the Work or any duty or 47 . Unit Price Work--Work to be paid for on authority to undertake responsibility contrary to the the basis of unit prices , provisions of paragraph 9 . 10 or any other provision of the Contract Documents . 00700 - General Conditions REV 04-07 .doc 00700 - 7 F :\Public Works\ENGINEERING DIVISION PROJECTS\ t 136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 . The word "day' shall constitute a calendar day of 24 hours measured from 2 . 01 Delivery of Bonds midnight to the next midnight . A . When CONTRACTOR delivers the executed C . Defective Agreements to OWNER , CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR 1 . The word "defective , " when modifying may be required to furnish . the word "Work , " refers to Work that is unsatisfactory, faulty, or deficient in that it does 2 . 02 Copies of Documents not conform to the Contract Documents or does not meet the requirements of any inspection , A. OWNER shall furnish to CONTRACTOR up reference standard , test, or approval referred to to ten copies of the Contract Documents . Additional in the Contract Documents , or has been copies will be furnished upon request at the cost of damaged prior to ENGINEER's recom - reproduction . mendation of final payment ( unless responsi - bility for the protection thereof has been 2 . 03 Commencement of Contract Times; Notice assumed by OWNER at Substantial to Proceed Completion in accordance with paragraph 14 . 04 or 14 . 05 ) . A . The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- D . Furnish, Install, Perform, Provide ment or, if a Notice to Proceed is given , on the day indicated in the Notice to Proceed . A Notice to Pro- 1 . T idTfUr„ish , " w# GR H6ed i,n ceed may be given at any time within 30 days after the - _ _ - - _ - _ _ -Effective- Date of-the-Agreement,-An-na_ evennt-wiH Cham ------ _ ___ Contract Times commence to run later than the mid materials. � o,, , . , , o ., + +„ the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement , USE) OF ORStallatiA. A AAd in usable er operable whichever date is earlier . GORditiea- 2 . 04 Starting the Work 2 . The wgid " iRStall , " when used ;n AARA. egtl, with services , materials , er A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com - icf—, l PesitiRSaid—seP, iGes materials , er mence to run . No Work shall be done at the Site prior and ready for iRteRded to the date on which the Contract Times commence to Use: run . 3 . The words 66 perfoFm OF " Previcfe—, " 2 . 05 Before Starting Construction A. CONTRACTOR 's Review of Contract Docu- and—install said—Gew;Ges , materials, eF ments: Before undertaking each part of the Work , or, ir, r eRt GOMplete aFld eady f9F teRded CONTRACTOR shall carefully study and compare the Use. Contract Documents and check and verify pertinent figures therein and all applicable field measurements . 4 . When "furnish , " " install , " " perform , " or CONTRACTOR shall promptly report in writing to " provide" is not used in connection with services , ENGINEER any conflict, error , ambiguity, or materials , or equipment in a context clearly discrepancy which CONTRACTOR may discover and requiring an obligation of CONTRACTOR , shall obtain a written interpretation or clarification from "provide" is implied . ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable E . Unless stated otherwise in the Contract Docu - to OWNER or ENGINEER for failure to report any ments , words or phrases which have a well- known conflict , error , ambiguity, or discrepancy in the technical or construction industry or trade meaning are Contract Documents unless CONTRACTOR knew or used in the Contract Documents in accordance with reasonably should have known thereof , such recognized meaning . B . Preliminary Schedules: Within ten days after the Effective Date of the Agreement ( unless otherwise 00700 - General Conditions REV 04-07 .doc 00700 - 8 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW-,Culvert Replacement N of 23rd St SMAdminnZontract Documents\00700 - General Conditions REV 04-07 .doc specified in the General Requirements ) , CONTRAC- CONTRACTOR until acceptable schedules are TOR shall submit to ENGINEER for its timely review : submitted to ENGINEER . 1 . a preliminary progress schedule 1 . The progress schedule will be indicating the times ( numbers of days or dates ) acceptable to ENGINEER if it provides an for starting and completing the various stages orderly progression of the Work to completion of the Work , including any Milestones specified within any specified Milestones and the in the Contract Documents ; Contract Times . Such acceptance will not impose on ENGINEER responsibility for the 2 . a preliminary schedule of Shop progress schedule , for sequencing , scheduling , Drawing and Sample submittals which will list or progress of the Work nor interfere with or each required submittal and the times for sub- relieve CONTRACTOR from CONTRACTOR's miffing , reviewing , and processing such full responsibility therefor . submittal ; and 2 . CONTRACTOR's schedule of Shop 3 , a preliminary schedule of values for Drawing and Sample submittals will be all of the Work which includes quantities and acceptable to ENGINEER if it provides a prices of items which when added together workable arrangement for reviewing and equal the Contract Price and subdivides the processing the required submittals . Work into component parts in sufficient detail to serve as the basis for progress payments 3 . CONTRACTOR's schedule of values during performance of the Work . Such prices will be acceptable to ENGINEER as to form will include an appropriate amount of overhead and substance if it provides a reasonable and profit applicable to each item of Work . allocation of the Contract Price to component parts of the Work . at the Site is started , CONTRACTOR and OWN E all ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , each deliver to the other , with copi o each AMENDING , REUSE additional insured identified in t upplementary Conditions , certificates of urance ( and other evidence of insurance ich either of them or any 3 . 01 Intent additional insur may reasonably request) which CONTRA and OWNER respectively are 4 A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all . 2 . 06 Preconstruction Conference B . It is the intent of the Contract Documents to describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract to run , but before any Work at the Site i arted , a Documents . Any labor , documentation , services , conference attended by CONTRACT ENGINEER , materials , or equipment that may reasonably be and others as appropriate wil held to establish a inferred from the Contract Documents or from prevailing custom or trade usage as being required to Work and to disct schedules referred to in para- produce the intended result will be provided whether graph 2 . 05 . rocedures for handling Shop Drawings or not specifically called for at no additional cost to and er submittals , processing Applications for OWNER . C . Clarifications and interpretations of the 2 . 07 Initial Acceptance of Schedules Contract Documents shall be issued by ENGINEER as provided in Article 9 . A. Unless otherwise provided in the Contract Documents , at least ten days before submission of the 3 . 02 Reference Standards first Application for Payment a conference attended by CONTRACTOR , ENGINEER , and others as appropri - A . Standards, Specifications, Codes, Laws, and ate will be held to review for acceptability to ENGI - Regulations NEER as provided below the schedules submitted in accordance with paragraph 2 . 05 . 13 . CONTRACTOR 1 . Reference to standards , specifica- shall have an additional ten days to make corrections tions , manuals , or codes of any technical and adjustments and to complete and resubmit the society , organization , or association , or to Laws schedules . No progress payment shall be made to or Regulations , whether such reference be 00700 - General Conditions REV 04-07 .doc 00700 - 9 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culverl Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc specific or by implication , shall mean the stan - a . the provisions of any standard , dard , specification , manual , code , or Laws or specification , manual , code , or instruction Regulations in effect at the time of opening of (whether or not specifically incorporated by Bids (or on the Effective Date of the Agreement reference in the Contract Documents ) ; or if there were no Bids ) , except as may be otherwise specifically stated in the Contract b . the provisions of any Laws or Documents . Regulations applicable to the performance of the Work ( unless such an interpretation of 2 . No provision of any such standard , the provisions of the Contract Documents specification , manual or code , or any instruction would result in violation of such Law or of a Supplier shall be effective to change the Regulation ) . duties or responsibilities of OWNER, CONTRACTOR , or ENGINEER , or any of their 3 . 04 Amending and Supplementing Contract subcontractors , consultants , agents , or employ- Documents ees from those set forth in the Contract Documents , nor shall any such provision or A . The Contract Documents may be amended to instruction be effective to assign to OWNER , provide for additions , deletions , and revisions in the ENGINEER , or any of ENGINEER's Work or to modify the terms and conditions thereof in Consultants , agents , or employees any duty or one or more of the following ways : ( i ) a Written authority to supervise or direct the performance Amendment ; ( ii ) a Change Order ; or ( iii ) a Work of the Work or any duty or authority to Change Directive , undertake responsibility inconsistent with the provisions of the Contract Documents , B . The requirements of the Contract Documents may be supplemented , and minor variations and 3 . 03 Reporting and Resolving Discrepancies deviations in the Work may be authorized , by one or more of the following ways : ( i ) a Field Order; ( ii ) - _ - -- A .- Reportli�ng_EYlscreparicies - __ - -- -- - ENG1N EERY S approval of a Shop Drawing or Sample ; or ( iii ) ENGINEER's written interpretation or clarifi - 1 . If, during the performance of the cation . Work , CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con - 3 . 05 Reuse of Documents tract Documents or between the Contract Documents and any provision of any Law or A. CONTRACTOR and any Subcontractor or Regulation applicable to the performance of the Supplier or other individual or entity performing or Work or of any standard , specification , manual furnishing any of the Work under a direct or indirect or code , or of any instruction of any Supplier, contract with OWNER : ( i ) shall not have or acquire CONTRACTOR shall report it to ENGINEER in any title to or ownership rights in any of the Drawings , writing at once . CONTRACTOR shall not Specifications , or other documents (or copies of any proceed with the Work affected thereby (except thereof) prepared by or bearing the seal of in an emergency as required by paragraph ENGINEER or ENGINEER's Consultant, including 6 . 16 . A) until an amendment or supplement to electronic media editions ; and ( ii ) shall not reuse any the Contract Documents has been issued by of such Drawings , Specifications , other documents , or one of the methods indicated in paragraph copies thereof on extensions of the Project or any 3 . 04 ; provided , however, that CONTRACTOR other project without written consent of OWNER and shall not be liable to OWNER or ENGINEER for ENGINEER and specific written verification or failure to report any such conflict, error , adaption by ENGINEER . This prohibition will survive ambiguity, or discrepancy unless CON - final payment, completion , and acceptance of the TRACTOR knew or reasonably should have Work , or termination or completion of the Contract . known thereof. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record B . Resolving Discrepancies purposes . 1 . Except as may be otherwise specifically stated in the Contract Documents , the provisions of the Contract Documents shall take precedence in resolving any conflict , error, ambiguity, or discrepancy between the provisions of the Contract Documents and : 00700 - General Conditions REV 04-0Tdoc 00700 - 10 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 . doc ARTICLE 4 - AVAILABILITY OF LANDS ; "technical data , " CONTRACTOR may not rely upon or SUBSURFACE AND PHYSICAL CONDITIONS ; make any Claim against OWNER , ENGINEER , or any REFERENCE POINTS of ENGINEER's Consultants with respect to : 1 . the completeness of such reports 4 . 01 Availability of Lands and drawings for CONTRACTOR's purposes , including , but not limited to , any aspects of the A. OWNER shall furnish the Site , OWNER shall means , methods , techniques , sequences , and notify CONTRACTOR of any encumbrances or procedures of construction to be employed by restrictions not of general application but specifically CONTRACTOR , and safety precautions and related to use of the Site with which CONTRACTOR programs incident thereto ; or must comply in performing the Work . OWNER will obtain in a timely manner and pay for easements for 2 , other data , interpretations , opinions , permanent structures or permanent changes in and information contained in such reports or existing facilities . If CONTRACTOR and OWNER are shown or indicated in such drawings ; or unable to agree on entitlement to or on the amount or extent , if any, of any adjustment in the Contract Price 3 . any CONTRACTOR interpretation of or Contract Times , or both , as a result of any delay in or conclusion drawn from any "technical data " OWNER's furnishing the Site , CONTRACTOR may or any such other data , interpretations , make a Claim therefor as provided in paragraph opinions , or information . 10 . 05 . 4 . 03 Differing Subsurface or Physical Conditions B . Upon reasonable written request , OWNER shall furnish CONTRACTOR with a current statement A. Notice: If CONTRACTOR believes that any of record legal title and legal description of the lands subsurface or physical condition at or contiguous to _ _._ __upon _which-the Work_ is to be _performed and _ the Site that is uncovered or revealed either : OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien 1 , is of such a nature as to establish against such lands in accordance with applicable that any "technical data" on which CONTRAC - Laws and Regulations . TOR is entitled to rely as provided in paragraph 4 . 02 is materially inaccurate ; or C . CONTRACTOR shall provide for all additional lands and access thereto that may be required for 2 , is of such a nature as to require a temporary construction facilities or storage of change in the Contract Documents ; or materials and equipment . 3 , differs materially from that shown or 4 . 02 Subsurface and Physical Conditions indicated in the Contract Documents ; or A. Reports and Drawings: The Supplementary 4 . is of an unusual nature , and differs Conditions identify : materially from conditions ordinarily encountered and generally recognized as inher- 1those reports of explorations and ent in work of the character provided for in the tests of subsurface conditions at or contiguous Contract Documents ; to the Site that ENGINEER has used in preparing the Contract Documents ; and then CONTRACTOR shall , promptly after becoming aware thereof and before further disturbing the 2 , those drawings of physical subsurface or physical conditions or performing any conditions in or relating to existing surface or Work in connection therewith ( except in an emergency subsurface structures at or contiguous to the as required by paragraph 6 . 16 . A) , notify OWNER and Site (except Underground Facilities ) that ENGI - ENGINEER in writing about such condition . NEER has used in preparing the Contract CONTRACTOR shall not further disturb such Documents , condition or perform any Work in connection therewith (except as aforesaid ) until receipt of written order to do B . Limited Reliance by CONTRACTOR on so . Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" B . ENGINEER 's Review: After receipt of written contained in such reports and drawings , but such notice as required by paragraph 4 . 03 . A, ENGINEER reports and drawings are not Contract Documents . will promptly review the pertinent condition , determine Such "technical data" is identified in the Supplementa- the necessity of OWNER's obtaining additional ry Conditions . Except for such reliance on such exploration or tests with respect thereto , and advise 00700 - General Conditions REV 04 -07 .doc 00700 - 11 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc OWNER in writing (with a copy to CONTRACTOR ) of dispute resolution costs ) sustained by ENGINEER's findings and conclusions . CONTRACTOR on or in connection with any C . Possible Price and Times Adjustments other project or anticipated project . 4 . 04 Underground Facilities 1 . The Contract Price or the Contract Times , or both , will be equitably adjusted to the A . Shown or Indicated: The information and data extent that the existence of such differing shown or indicated in the Contract Documents with subsurface or physical condition causes an in - respect to existing Underground Facilities at or crease or decrease in CONTRACTOR's cost contiguous to the Site is based on information and of, or time required for, performance of the data furnished to OWNER or ENGINEER by the Work ; subject , however , to the following : owners of such Underground Facilities , including OWNER , or by others . Unless it is otherwise a . such condition must meet any one or expressly provided in the Supplementary Conditions : more of the categories described in para- graph 4 . 03 . A; and 1 . OWNER and ENGINEER shall not be responsible for the accuracy or com - b , with respect to Work that is paid for pleteness of any such information or data ; and on a Unit Price Basis , any adjustment in Contract Price will be subject to the 2 , the cost of all of the following will be provisions of paragraphs 9 . 08 and 11 . 03 . included in the Contract Price , and CONTRAC - TOR shall have full responsibility for : 2 . CONTRACTOR shall not be entitled to any adjustment in the Contract Price or a . reviewing and checking all such Contract Times if: information and data , a . CONTRACTOR knew of the b , locating all Underground Facilities existence of such conditions at the time shown or indicated in the Contract CONTRACTOR made a final commitment Documents , to OWNER in respect of Contract Price and Contract Times by the submission of a Bid c . coordination of the Work with the or becoming bound under a negotiated owners of such Underground Facilities , contract; or including OWNER , during construction , and b . the existence of such condition could d , the safety and protection of all such reasonably have been discovered or Underground Facilities and repairing any revealed as a result of any examination , damage thereto resulting from the Work . investigation , exploration , test , or study of the Site and contiguous areas required by B . Not Shown or Indicated the Bidding Requirements or Contract Documents to be conducted by or for CON - 1 . If an Underground Facility is TRACTOR prior to CONTRACTOR's uncovered or revealed at or contiguous to the making such final commitment ; or Site which was not shown or indicated , or not shown or indicated with reasonable accuracy in c . CONTRACTOR failed to give the the Contract Documents , CONTRACTOR shall , written notice within the time and as re- promptly after becoming aware thereof and quired by paragraph 4 . 03 .A. before further disturbing conditions affected thereby or performing any Work in connection 3 . If OWNER and CONTRACTOR are therewith (except in an emergency as required unable to agree on entitlement to or on the by paragraph 6 . 16 .A) , identify the owner of amount or extent , if any, of any adjustment in such Underground Facility and give written the Contract Price or Contract Times , or both , a notice to that owner and to OWNER and ENGk Claim may be made therefor as provided in NEER . ENGINEER will promptly review the paragraph 10 . 05 . However , OWNER , Underground Facility and determine the extent, ENGINEER , and ENGINEER's Consultants if any, to which a change is required in the shall not be liable to CONTRACTOR for any Contract Documents to reflect and document claims , costs , losses , or damages ( including the consequences of the existence or location but not limited to all fees and charges of of the Underground Facility . During such time , engineers , architects , attorneys , and other CONTRACTOR shall be responsible for the professionals and all court or arbitration or other 00700 - General Conditions REV 04-07 . doc 00700 - 12 P\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc safety and protection of such Underground upon or make any Claire against OWNER , Facility. ENGINEER or any of ENGINEER's Consultants with respect to : 2 . If ENGINEER concludes that a change in the Contract Documents is required , 1 . the completeness of such reports a Work Change Directive or a Change Order and drawings for CONTRACTOR's purposes , will be issued to reflect and document such including , but not limited to , any aspects of the consequences . An equitable adjustment shall means , methods , techniques , sequences and be made in the Contract Price or Contract procedures of construction to be employed by Times , or both , to the extent that they are CONTRACTOR and safety precautions and attributable to the existence or location of any programs incident thereto ; or Underground Facility that was not shown or indicated or not shown or indicated with 2 , other data , interpretations , opinions reasonable accuracy in the Contract and information contained in such reports or Documents and that CONTRACTOR did not shown or indicated in such drawings ; or know of and could not reasonably have been expected to be aware of or to have anticipated . 3 . any CONTRACTOR interpretation of If OWNER and CONTRACTOR are unable to or conclusion drawn from any "technical data" agree on entitlement to or on the amount or or any such other data , interpretations , opinions extent , if any, of any such adjustment in or information . Contract Price or Contract Times , OWNER or CONTRACTOR may make a Claim therefor as C . CONTRACTOR shall not be responsible for provided in paragraph 10 . 05 . any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated 4 . 05 Reference Points in Drawings or Specifications or identified in the Contract Documents to be within the scope of the A. OWNER shall provide engineering surveys to Work . CONTRACTOR shall be responsible for a establish reference points for construction which in Hazardous Environmental Condition created with any ENGINEER's judgment are necessary to enable materials brought to the Site by CONTRACTOR , CONTRACTOR to proceed with the Work . CON - Subcontractors , Suppliers , or anyone else for whom TRACTOR shall be responsible for laying out the CONTRACTOR is responsible . Work , shall protect and preserve the established reference points and property monuments , and shall D . If CONTRACTOR encounters a Hazardous make no changes or relocations without the prior Environmental Condition or if CONTRACTOR or written approval of OWNER . CONTRACTOR shall anyone for whom CONTRACTOR is responsible report to ENGINEER whenever any reference point or creates a Hazardous Environmental Condition , property monument is lost or destroyed or requires CONTRACTOR shall immediately: ( i ) secure or relocation because of necessary changes in grades or otherwise isolate such condition ; ( ii ) stop all Work in locations , and shall be responsible for the accurate connection with such condition and in any area replacement or relocation of such reference points or affected thereby ( except in an emergency as required property monuments by professionally qualified by paragraph 6 . 16 ) ; and ( iii ) notify OWNER and ENGI - personnel . NEER (and promptly thereafter confirm such notice in writing ) . OWNER shall promptly consult with 4 . 06 Hazardous Environmental Condition at Site ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or A. Reports and Drawings: Reference is made to take corrective action , if any. the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous E . CONTRACTOR shall not be required to Environmental Condition identified at the Site , if any, resume Work in connection with such condition or in that have been utilized by the ENGINEER in the any affected area until after OWNER has obtained preparation of the Contract Documents . any required permits related thereto and delivered to CONTRACTOR written notice : ( i ) specifying that such B . Limited Reliance by CONTRACTOR on condition and any affected area is or has been Technical Data Authorized: CONTRACTOR may rely rendered safe for the resumption of Work ; or ( ii ) upon the general accuracy of the "technical data " specifying any special conditions under which such contained in such reports and drawings , but such Work may be resumed safely. If OWNER and reports and drawings are not Contract Documents . CONTRACTOR cannot agree as to entitlement to or Such "technical data" is identified in the on the amount or extent , if any, of any adjustment in Supplementary Conditions . Except for such reliance Contract Price or Contract Times , or both , as a result on such "technical data , " CONTRACTOR may not rely of such Work stoppage or such special conditions 00700 - General Conditions REV 04-07 . doc 00700 - 13 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1 1 36-6th Ave SW—Culvert Replacement N of 23rd Sl SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc under which Work is agreed to be resumed by CONTRACTOR , either party may make a Claim I . The provisions of paragraphs 4 . 02 , 4 . 03 , and therefor as provided in paragraph 10 . 05 . 4 . 04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the F . If after receipt of such written notice Site . 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 condi- ARTICLE 5 - BONDS AND INSURANCE tions , 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 CON - 5 . 01 Performance, Payment, and Other Bonds TRACTOR 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 and payment Bonds , each in an amount at le equal portion of the Work , then either party may make afill Claim therefor as provided in paragraph 10 . 05 . OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7 , after the G . To the fullest extent permitted by Laws and Regulations , OWNER shall indemnify and hold harmless CONTRACTOR , Subcontractors , ENGI - NEER , ENGINEER's Consultants and the officers , directors , partners , employees , agents , other B . All Bonds shall be in the form prescribed by -_ - -_ __ - - -consultants, _ and subcontractors -of_ -each -and -any_ of _ _ _ the-Contract-Documents_except as-provided-othenivise _- them from and against all claims , costs , losses , and by Laws or Regulations , and shall be executed by damages ( including but not limited to all fees and such sureties as are named in the current list of " Com - charges of engineers , architects , attorneys , and other panies Holding Certificates of Authority as Acceptable professionals and all court or arbitration or other Sureties on Federal Bonds and as Acceptable dispute resolution costs ) arising out of or relating to a Reinsuring Companies" as published in Circular 570 Hazardous Environmental Condition , provided that (amended ) by the Financial Management Service , such Hazardous Environmental Condition : ( i ) was not Surety Bond Branch , U . S . Department of the shown or indicated in the Drawings or Specifications Treasury, All Bonds signed by an agent must be or identified in the Contract Documents to be included accompanied by a certified copy of such agent' s within the scope of the Work , and ( ii ) was not created authority to act . by CONTRACTOR or by anyone for whom CONTRACTOR is responsible . Nothing in this para- C . If the surety on any Bond furnished by CON . graph 4 . 06 . E shall obligate OWNER to indemnify any TRACTOR is declared bankrupt or becomes insolvent individual or entity from and against the consequences or its right to do business is terminated in any state of that individual 's or entity's own negligence , where any part of the Project is located or it ceases to meet the requirements of paragraph 5 . 01 . 131 H . To the fullest extent permitted by Laws and CONTRACTOR shall within 20 days thereafter Regulations , CONTRACTOR shall indemnify and hold substitute another Bond and surety, both of which harmless OWNER , ENGINEER , ENGINEER's shall comply with the requirements of paragraphs Consultants , and the officers , directors , partners , 5 . 01 . B and 5 . 02 . employees , agents , other consultants , and subcontractors of each and any of them from and 5 . 02 Licensed Sureties and Insurers against all claims , costs , losses , and damages ( including but not limited to all fees and charges of A. All Bonds and insurance required by the engineers , architects , attorneys , and other Contract Documents to be purchased and maintained professionals and all court or arbitration or other by OWNER or CONTRACTOR shall be obtained from dispute resolution costs ) arising out of or relating to a surety or insurance companies that are duly licensed Hazardous Environmental Condition created by or authorized in the jurisdiction in which the Project is CONTRACTOR or by anyone for whom located to issue Bonds or insurance policies for the CONTRACTOR is responsible . Nothing in this limits and coverages so required . Such surety and paragraph 4 . 06 . 17 shall obligate CONTRACTOR to insurance companies shall also meet such additional indemnify any individual or entity from and against the requirements and qualifications as may be provided in consequences of that individual ' s or entity' s own negli- the Supplementary Conditions . gence . 00700 - General Conditions REV 04 -07 .doc 00700 - 14 F -\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SWAdmim\Contract Documents\00700 - General Conditions REV 04 -07 .doc 5 . 03 Certificates of Insurance B . The policies of insurance so required by this paragraph 5 . 04 to be purchased and maintained shall : A . CONTRACTOR shall deliver to OWNER , with copies to each additional insured identified in the 1 . with respect to insurance required by Supplementary Conditions , certificates of insurance paragraphs 5 . 04 . A . 3 through 5 . 04 . A . 6 inclusive , (and other evidence of insurance requested by OWN - include as additional insureds (subject to any ER or any other additional insured ) which CON - customary exclusion in respect of professional TRACTOR is required to purchase and maintain . liability) OWNER , ENGINEER , ENGINEER's OWNER shall delilvle .r to G. Q. NITR4GTQR , with r.9pies Consultants , and any other individuals or entities identified in the Supplementary Condi - mentaFy , tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , agents , and other consultants and subcontractors of each and any of all such 5 . 04 CONTRACTOR 's Liability Insurance additional insureds , and the insurance afforded to these additional insureds shall provide A . CONTRACTOR shall purchase and maintain primary coverage for all claims covered such liability and other insurance as is appropriate for thereby-, the Work being performed and as will provide protection from claims set forth below which may arise 2 . include at least the specific out of or result from CONTRACTOR 's performance of coverages and be written for not less than the the Work and CONTRACTOR's other obligations limits of liability provided in the Supplementary under the Contract Documents , whether it is to be per- Conditions or required by Laws or Regulations , formed by CONTRACTOR , any Subcontractor or whichever is greater; Supplier,-orh)t-anyone_directly -or _ indirectly - emplo-yed_- -__ -- -_-- - -- - _ _ _ -_ - _ - - -- - _ - -- - -_. _ - - - -_ - - by any of them to perform any of the Work , or by 3 , include completed operations anyone for whose acts any of them may be liable : insurance ; 1 . claims under workers ' compensation , 4 , include contractual liability insurance disability benefits , and other similar employee covering CONTRACTOR's indemnity benefit acts ; obligations under paragraphs 6 . 07 , 6 . 11 , and 6 . 20 ; 2 , claims for damages because of bodily injury, occupational sickness or disease , 5 , contain a provision or endorsement or death of CONTRACTOR's employees , that the coverage afforded will not be canceled , materially changed or renewal refused until at 3 , claims for damages because of least thirty days prior written notice has been bodily injury, sickness or disease , or death of given to OWNER and CONTRACTOR and to any person other than CONTRACTOR's each other additional insured identified in the employees ; Supplementary Conditions to whom a certificate of insurance has been issued (and the 4 , claims for damages insured by certificates of insurance furnished by the CON - reasonably available personal injury liability TRACTOR pursuant to paragraph 5 . 03 will so coverage which are sustained : ( i ) by any person provide ) ; as a result of an offense directly or indirectly related to the employment of such person by 6 , remain in effect at least until final CONTRACTOR , or ( ii ) by any other person for payment and at all times thereafter when CON - any other reason ; TRACTOR may be correcting , removing , or replacing defective Work in accordance with 5 , claims for damages , other than to the paragraph 13 . 07 ; and Work itself, because of injury to or destruction of tangible property wherever located , including 7 . with respect to completed operations loss of use resulting therefrom ; and insurance , and any insurance coverage written on a claims-made basis , remain in effect for at 6 , claims for damages because of least two years after final payment (and bodily injury or death of any person or property CONTRACTOR shall furnish OWNER and damage arising out of the ownership , mainte- each other additional insured identified in the nance or use of any motor vehicle . Supplementary Conditions , to whom a certificate of insurance has been issued , 00700 - General Conditions REV 04-07 .doc 00700 - 15 FAPublic Works\ENGINEERING DIVISION PROJECTS\1136-61h Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc evidence satisfactory to OWNER and any such additional insured of continuation of such an .40n OG;4i &GR fOF Payment rec- A- mmended by insurance at final payment and one year ENGINEER ; thereafter) . - R. " AYMf for partial utilization of thp� %8111 A� r-k 5 . 05 OWNER 's Liability Insurance by OWNER ; equtred— - - de tGStiRg and startup ; and provided by CONTRACTOR under par 5 . 041 OWNER , at OWNER's option y purchase and maintain at OWNERS se OWNER's own liability otheriNise to ; A insurance as protect OWNER against claims incr irne hG nissued . 5 . 06 Property Insurance ^ l,^ -r - . _.R _ been Vv M@ RtaiR property ORSUFaRGe upen the Work at the Rite COAditOAAR OF I AWS RAIJ RPgjjl@ti9RS wh : Gh iv" ] mAdl 0 ;R +he mn . n + . + he fill ' loe + Gost + h f the V € R , CONTRACTOR ,� E as FRay be a , N €€RsId cons, br6aws and RegUletieRs ) .—This inst+raase half the SupplerrieRt@Fy COF16tiORS , eaGh of whom is be 1 . insltlde +he interP � tc; cf n:n/ nlGp = N61N € € R' s Censdltal�ts , and an, —ethe, individuals OF entities identified is t#e digesters—partners , empls7ee6, agents , and onrt aRY of them each of whom is deemed to have an inch able ntereSt and shall be listed 2 , be written OR a Builder's Risk 69a:T„�k paragraph 5$7--. PhySiGal less er damage to the VVeFk , tempo D . OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5 . 06 to protect the interests of ',east the f9ll9 ' Rr• peFils caUSGS of Ips • fire , CONTRACTOR, Subcontractors , or others in the Work to the extent of any deductible amounts that are , identified in the Supplementary Conditions . The risk of loss within such identified deductible amount will be forsemeRt of haws and Regulatie►}s , water borne by CONTRACTOR , Subcontractors , or others suffering any such loss , and if any of them wishes less as may Sperifirelly required by the property insurance coverage within the limits of such amounts , each may purchase and maintain it at the purchaser's own expense . 31 include expert6e6 • nn rred in the P 9 Im replaGIBMIBF)t Of aRY ! RsHFed prepert�, E . if CONTRACTOR requests OR writing that onnineerc RRd orrhitertc \ • nWN € R—shall Of possible , insldde s h ;AR , WRAP c; tered. At the Site GF at @R TOR by apprepriate GhaRge QFdGF OF Wrl#eR AmendmeRt . Prier te gerrimeRGernGFIt i the Work at the Work , previded that IS the Siti OWNER shall in WFitiRg adv a sp GQNITRAC� 00700 - General Conditions REV 04-07 .doc 00700 - 16 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc • � S • Em • . i • P a AN AL am, up w VIP ma • an IN ap as • � • • 1Is m • • • . • 1: • • • ! Lol kI all ILI INIMS. • _ a ma . S • P • GNP w OR IN 11411 a I go, as an all Ar Ar • ' / ANI All lf�m • • • ! • ! . • . all VON 11 • ! _ • all w al w al All rKrAIII11"44011110,~0014 RMLSAMILmamilmLar ZRALU OF all • . . . so IN MRWMMW��A�M & A w as ga • • • • A MOM Owl am, • . • • All a Ah Am 04 M a • • k . • as Ow a OF w • a All all All MTS a iair up w n • ' • • i • I 1Aft � 1 • I 'up w all OF wI • s mail UP w go al !I JI 111 1110 2 A as all as mal A mr • . • ♦ • • _ Sol ON. ♦ . \ . • III I is a requested ) required by paragraph 2 . 05 . 6 . OWNER except under extraordinary circumstances . The superintendent will be CONTRACTOR 's representative at the Site and shall have authority to ^wed as the other May—reasenably request . if act on behalf of CONTRACTOR . All communications given to or received from the superintendent shall be R. A�„ds A .Ad -; nc : r.^ ^ ce req Dreg Of Sr Gh party by the. binding on CONTRACTOR . 6 . 02 Labor,- Working Hours aray -ohaRge ire +thG FegQ;red GOverage . Without A . CONTRACTOR shall provide competent , pirejudiGe to any other right or remedy, the ether pa suitably qualified personnel to survey, lay out , and construct the Work as required by the Contract Docu - p eteGt SUGh Other party ' s fnteFests at the. e.vne.^ se 0 ments . CONTRACTOR shall at all times maintain good discipline and order at the Site . @Rd a Change Order shall he issued t^ add ist the. V v V V B . Except as otherwise required for the safety or protection of persons or the Work or property at the 5 . 10 Partial Utilization, Acknowledgment of Site or adjacent thereto , and except as otherwise Property Insurer stated in the Contract Documents , all Work at the Site shall be performed during regular working hours , and A. If OWNER finds it necessary to occupy or use CONTRACTOR will not permit overtime work or the a portion or portions of the Work prior to Substantial performance of Work on Saturday, Sunday, or any Completion of all the Work as provided in paragraph legal holiday without OWNER's written consent (which 14 . 05 , no such use or occupancy shall commence will not be unreasonably withheld ) given after prior before the insurers providing the property insurance written notice to ENGINEER. --- - _ _ - -- —pi rst jant-to- paragraph-5.0_6_have_acknowledgssinotice ----- --- ----------------- ---- --_ ---- ---------------- ------ thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the 6 . 03 Services, Materials, and Equipment property insurance shall consent by endorsement on the policy or policies , but the property insurance shall A. Unless otherwise specified in the General Re- not be canceled or permitted to lapse on account of quirements , CONTRACTOR shall provide and any such partial use or occupancy , assume full responsibility for all services , materials , equipment, labor, transportation , construction equipment and machinery, tools , appliances , fuel , ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES power, light, heat , telephone , water, sanitary facilities , temporary facilities , and all other facilities and incidentals necessary for the performance , testing , 6 . 01 Supervision and Superintendence start-up , and completion of the Work . A . CONTRACTOR shall supervise , inspect , and B . All materials and equipment incorporated into direct the Work competently and efficiently, devoting the Work shall be as specified or, if not specified , shall such attention thereto and applying such skills and be of good quality and new , except as otherwise expertise as may be necessary to perform the Work in provided in the Contract Documents . All warranties accordance with the Contract Documents . CON - and guarantees specifically called for by the Specifica- TRACTOR shall be solely responsible for the means , tions shall expressly run to the benefit of OWNER . If methods , techniques , sequences , and procedures of required by ENGINEER, CONTRACTOR shall furnish construction , but CONTRACTOR shall not be satisfactory evidence ( including reports of required responsible for the negligence of OWNER or tests ) as to the source , kind , and quality of materials ENGINEER in the design or specification of a specific and equipment . All materials and equipment shall be means , method , technique , sequence , or procedure of stored , applied , installed , connected , erected , construction which is shown or indicated in and protected , used , cleaned , and conditioned in expressly required by the Contract Documents . CON - accordance with instructions of the applicable TRACTOR shall be responsible to see that the Supplier , except as otherwise may be provided in the completed Work complies accurately with the Contract Contract Documents , Documents , 6 . 04 Progress Schedule B . At all times during the progress of the Work , CONTRACTOR shall assign a competent resident A. CONTRACTOR shall adhere to the progress superintendent thereto who shall not be replaced schedule established in accordance with paragraph without written notice to OWNER and ENGINEER 00700 - General Conditions REV 04-07 .doc 00700 - 18 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1 1 36-6th Ave SW-Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc 2 . 07 as it may be adjusted from time to time as provided below . b . CONTRACTOR certifies that : ( i ) there is no increase in cost to the OWNER , 1 . CONTRACTOR shall submit to and ( ii ) it will conform substantially, even ENGINEER for acceptance (to the extent indi- with deviations , to the detailed requirements cated in paragraph 2 . 07 ) proposed adjustments of the item named in the Contract in the progress schedule that will not result in Documents . changing the Contract Times (or Milestones ) . Such adjustments will conform generally to the 2 . Substitute Items progress schedule then in effect and additional - ly will comply with any provisions of the General a . If in ENGINEER's sole discretion an Requirements applicable thereto . item of material or equipment proposed by CONTRACTOR does not qualify as an 2 . Proposed adjustments in the "or-equal" item under paragraph 6 . 05 . A . 1 , it progress schedule that will change the Contract will be considered a proposed substitute Times (or Milestones ) shall be submitted in item . accordance with the requirements of Article 12 . Such adjustments may only be made by a b . CONTRACTOR shall submit suffi - Change Order or Written Amendment in accor- cient information as provided below to allow dance with Article 12 . ENGINEER to determine that the item of material or equipment proposed is 6 . 05 Substitutes and "Or-Equals " essentially equivalent to that named and an acceptable substitute therefor . Requests for A . Whenever an item of material or equipment is review of proposed substitute items of specified or described in the Contract Documents by material or equipment will not be accepted _using_ the _name_of a proprietary item-or the _name_ of _ a _ _ . _ __ _ by_ ENGINEER fromanyone other than_ ___ ____ _ particular Supplier , the specification or description is CONTRACTOR . intended to establish the type , function , appearance , and quality required . Unless the specification or c . The procedure for review by ENGI - description contains or is followed by words reading NEER will be as set forth in paragraph that no like , equivalent , or "or-equal " item or no 6 . 05 .A. 2 . d , as supplemented in the General substitution is permitted , other items of material or Requirements and as ENGINEER may equipment or material or equipment of other Suppliers decide is appropriate under the may be submitted to ENGINEER for review under the circumstances , circumstances described below . d . CONTRACTOR shall first make 1 . "Or-Equal" Items: If in ENGINEER ' s written application to ENGINEER for review sole discretion an item of material or equipment of a proposed substitute item of material or proposed by CONTRACTOR is functionally equipment that CONTRACTOR seeks to equal to that named and sufficiently similar so furnish or use . The application shall certify that no change in related Work will be required , that the proposed substitute item will it may be considered by ENGINEER as an perform adequately the functions and "or-equal " item , in which case review and achieve the results called for by the general approval of the proposed item may, in design , be similar in substance to that ENGINEER's sole discretion , be accomplished specified , and be suited to the same use as without compliance with some or all of the that specified . The application will state the requirements for approval of proposed substi - extent , if any, to which the use of the pro- tute items . For the purposes of this paragraph posed substitute item will prejudice 6 . 05 .A . 11 a proposed item of material or CONTRACTOR's achievement of Substan - equipment will be considered functionally equal tial Completion on time , whether or not use to an item so named if: of the proposed substitute item in the Work will require a change in any of the Contract a . in the exercise of reasonable Documents (or in the provisions of any other judgment ENGINEER determines that : ( i ) it direct contract with OWNER for work on the is at least equal in quality, durability, Project ) to adapt the design to the proposed appearance , strength , and design substitute item and whether or not characteristics ; ( ii ) it will reliably perform at incorporation or use of the proposed substi- least equally well the function imposed by tute item in connection with the Work is sub - the design concept of the completed Project ject to payment of any license fee or royalty. as a functioning whole , and ; All variations of the proposed substitute 00700 - General Conditions REV 04-07 .doc 00700 - 19 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SWV\dmim\Contract Documents\00700 - General Conditions REV 04-07 . doc item from that specified will be identified in F . CONTRACTOR 's Expense: CONTRACTOR the application , and available engineering , shall provide all data in support of any proposed sales , maintenance , repair , and substitute or "or-equal " at CONTRACTOR' s expense . replacement services will be indicated . The application will also contain an itemized esti- 6 . 06 Concerning Subcontractors, Suppliers, mate of all costs or credits that will result and Others directly or indirectly from use of such substitute item , including costs of redesign A. CONTRACTOR shall not employ any and claims of other contractors affected by Subcontractor , Supplier, or other individual or entity any resulting change , all of which will be ( including those acceptable to OWNER as indicated in considered by ENGINEER in evaluating the paragraph 6 . 06 . 13 ) , whether initially or as a proposed substitute item . ENGINEER may replacement , against whom OWNER may have require CONTRACTOR to furnish additional reasonable objection . CONTRACTOR shall not be data about the proposed substitute item . required to employ any Subcontractor , Supplier, or other individual or entity to furnish or perform any of B . Substitute Construction Methods or Proce- the Work against whom CONTRACTOR has reason - dures : If a specific means , method , technique , se- able objection . quence , or procedure of construction is shown or indicated in and expressly required by the Contract B . If the Supplementary Conditions require the Documents , CONTRACTOR may furnish or utilize a identity of certain Subcontractors , Suppliers , or other substitute means , method , technique , sequence , or individuals or entities to be submitted to OWNER in procedure of construction approved by ENGINEER . advance for acceptance by OWNER by a specified CONTRACTOR shall submit sufficient information to date prior to the Effective Date of the Agreement , and allow ENGINEER , in ENGINEER's sole discretion , to if CONTRACTOR has submitted a list thereof in determine that the substitute proposed is equivalent to accordance with the Supplementary Conditions , _ -- ---lhat _expressly_called[-fo-r -by-the_ Contract_DoGurnents .---. _-- -OWNER_sacceptance-(either-in_writingntby� The procedure for review by ENGINEER will be similar make written objection thereto by the date indicated to that provided in subparagraph 6 . 05 .A. 2 . for acceptance or objection in the Bidding Documents or the Contract Documents ) of any such Subcon - C . Engineer's Evaluation. ENGINEER will be tractor, Supplier, or other individual or entity so allowed a reasonable time within which to evaluate identified may be revoked on the basis of reasonable each proposal or submittal made pursuant to para - objection after due investigation . CONTRACTOR graphs 6 . 05 . A and 6 . 05 . 8 . ENGINEER will be the shall submit an acceptable replacement for the sole judge of acceptability. No "or-equal" or substitute rejected Subcontractor, Supplier, or other individual or will be ordered , installed or utilized until ENGINEER' s entity, and the Contract Price will be adjusted by the review is complete , which will be evidenced by either a difference in the cost occasioned by such Change Order for a substitute or an approved Shop replacement, and an appropriate Change Order will be Drawing for an "or equal . " ENGINEER will advise issued or Written Amendment signed . No acceptance CONTRACTOR in writing of any negative by OWNER of any such Subcontractor, Supplier, or determination , other individual or entity, whether initially or as a replacement , shall constitute a waiver of any right of D . Special Guarantee: OWNER may require OWNER or ENGINEER to reject defective Work . CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other C . CONTRACTOR shall be fully responsible to surety with respect to any substitute . OWNER and ENGINEER for all acts and omissions of the Subcontractors , Suppliers , and other individuals or E . ENGINEER 's Cost Reimbursement: entities performing or furnishing any of the Work just ENGINEER will record time required by ENGINEER as CONTRACTOR is responsible for and ENGINEER's Consultants in evaluating substitute CONTRACTOR's own acts and omissions . Nothing in proposed or submitted by CONTRACTOR pursuant to the Contract Documents shall create for the benefit of paragraphs 6 . 05 .A. 2 and 6 . 05 . 13 and in making any such Subcontractor , Supplier, or other individual changes in the Contract Documents (or in the or entity any contractual relationship between OWNER provisions of any other direct contract with OWNER or ENGINEER and any such Subcontractor , Supplier for work on the Project ) occasioned thereby. Whether or other individual or entity, nor shall it create any or not ENGINEER approves a substitute item so pro- obligation on the part of OWNER or ENGINEER to posed or submitted by CONTRACTOR , CON - pay or to see to the payment of any moneys due any TRACTOR shall reimburse OWNER for the charges such Subcontractor, Supplier , or other individual or of ENGINEER and ENGINEER's Consultants for entity except as may otherwise be required by Laws evaluating each such proposed substitute . and Regulations . 00700 - General Conditions REV 04 -07 . doc 00700 - 20 R\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .00c D . CONTRACTOR shall be solely responsible CONTRACTOR shall indemnify and hold harmless for scheduling and coordinating the Work of Subcon - OWNER , ENGINEER , ENGINEER's Consultants , and tractors , Suppliers , and other individuals or entities the officers , directors , partners , employees or agents , performing or furnishing any of the Work under a and other consultants of each and any of them from direct or indirect contract with CONTRACTOR . and against all claims , costs , losses , and damages ( including but not limited to all fees and charges of E . CONTRACTOR shall require all Subcontrac- engineers , architects , attorneys , and other tors , Suppliers , and such other individuals or entities professionals and all court or arbitration or other performing or furnishing any of the Work to commu - dispute resolution costs ) arising out of or relating to nicate with ENGINEER through CONTRACTOR . any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting F . The divisions and sections of the Specifica - from the incorporation in the Work of any invention , tions and the identifications of any Drawings shall not design , process , product , or device not specified in the control CONTRACTOR in dividing the Work among Contract Documents . Subcontractors or Suppliers or delineating the Work to be performed by any specific trade . 6 . 08 Permits G . All Work performed for CONTRACTOR by a A. Unless otherwise provided in the Supple. Subcontractor or Supplier will be pursuant to an mentary Conditions , CONTRACTOR shall obtain and appropriate agreement between CONTRACTOR and pay for all construction permits and licenses . OWNER the Subcontractor or Supplier which specifically binds shall assist CONTRACTOR , when necessary, in the Subcontractor or Supplier to the applicable terms obtaining such permits and licenses . CONTRACTOR and conditions of the Contract Documents for the shall pay all governmental charges and inspection benefit of OWNER and ENGINEER . Whenever any fees necessary for the prosecution of the Work which such agreement is with a Subcontractor or Supplier are applicable at the time of opening of Bids , or, if who is listed as an additional insured_ on the- property there are no Bids ,_ on the Effective . _ Date of the insurance provided in paragraph 5 . 06 , the agreement Agreement . CONTRACTOR shall pay all charges of between the CONTRACTOR and the Subcontractor utility owners for connections to the Work , and or Supplier will contain provisions whereby the OWNER shall pay all charges of such utility owners Subcontractor or Supplier waives all rights against for capital costs related thereto , such as plant OWNER , CONTRACTOR, ENGINEER , ENGINEER' s investment fees . Consultants , and all other individuals or entities identified in the Supplementary Conditions to be listed 6 . 09 Laws and Regulations as insureds or additional insureds ( and the officers , directors , partners , employees , agents , and other A . CONTRACTOR shall give all notices and consultants and subcontractors of each and any of comply with all Laws and Regulations applicable to the them ) for all losses and damages caused by, arising performance of the Work . Except where otherwise out of, relating to , or resulting from any of the perils or expressly required by applicable Laws and causes of loss covered by such policies and any other Regulations , neither OWNER nor ENGINEER shall be property insurance applicable to the Work . If the responsible for monitoring CONTRACTOR 's compli - insurers on any such policies require separate waiver ance with any Laws or Regulations . forms to be signed by any Subcontractor or Supplier , CONTRACTOR will obtain the same . B . If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws 6 . 07 Patent Fees and Royalties or Regulations , CONTRACTOR shall bear all claims , costs , losses , and damages ( including but not limited A . CONTRACTOR shall pay all license fees and to all fees and charges of engineers , architects , royalties and assume all costs incident to the use in attorneys , and other professionals and all court or the performance of the Work or the incorporation in arbitration or other dispute resolution costs ) arising out the Work of any invention , design , process , product, of or relating to such Work ; however , it shall not be or device which is the subject of patent rights or CONTRACTOR' s primary responsibility to make copyrights held by others . If a particular invention , certain that the Specifications and Drawings are in design , process , product , or device is specified in the accordance with Laws and Regulations , but this shall Contract Documents for use in the performance of the not relieve CONTRACTOR of CONTRACTOR Is Work and if to the actual knowledge of OWNER or obligations under paragraph 3 . 03 . ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or C . Changes in Laws or Regulations not known at royalty to others , the existence of such rights shall be the time of opening of Bids (or, on the Effective Date disclosed by OWNER in the Contract Documents . To of the Agreement if there were no Bids ) having an the fullest extent permitted by Laws and Regulations , effect on the cost or time of performance of the Work 00700 - General Conditions REV 04 -07 .doc 00700 - 21 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_ Culvert Replacement N of 23rd Sl SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc may be the subject of an adjustment in Contract Price any other party indemnified hereunder to the or Contract Times , If OWNER and CONTRACTOR extent caused by or based upon are unable to agree on entitlement to or on the CONTRACTOR's performance of the Work , amount or extent , if any, of any such adjustment , a Claim may be made therefor as provided in paragraph B . Removal of Debris During Performance of the 10 . 05 . Work: During the progress of the Work CONTRAC - TOR shall keep the Site and other areas free from 6 . 10 Taxes accumulations of waste materials , rubbish , and other debris . Removal and disposal of such waste materi- A . CONTRACTOR shall pay all sales , consum - als , rubbish , and other debris shall conform to applica- er , use , and other similar taxes required to be ble Laws and Regulations . paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the C . Cleaning: Prior to Substantial Completion of Project which are applicable during the the Work CONTRACTOR shall clean the Site and performance of the Work . make it ready for utilization by OWNER . At the com - pletion of the Work CONTRACTOR shall remove from B . OWNER qualifies for state and local sales tax the Site all tools , appliances , construction equipment exemption in the purchase of all material and and machinery, and surplus materials and shall equipment , restore to original condition all property not designated for alteration by the Contract Documents , 6 . 11 Use of Site and Other Areas D . Loading Structures. CONTRACTOR shall not A . Limitation on Use of Site and Other Areas load nor permit any part of any structure to be loaded in any manner that will endanger the structure , nor 1 . CONTRACTOR shall confine shall CONTRACTOR subject any part of the Work or _ _ construcfion_ equipment, _the__ _ storage -- of ___ _adjacent _ property_to_ stresses - or__pressures_that___will_ _ __ __ _ materials and equipment , and the operations of endanger it . workers to the Site and other areas permitted by Laws and Regulations , and shall not 6 . 12 Record Documents unreasonably encumber the Site and other areas with construction equipment or other A. CONTRACTOR shall maintain in a safe place materials or equipment . CONTRACTOR shall at the Site one record copy of all Drawings , Specifica- assume full responsibility for any damage to tions , Addenda , Written Amendments , Change any such land or area , or to the owner or Orders , Work Change Directives , Field Orders , and occupant thereof, or of any adjacent land or written interpretations and clarifications in good order areas resulting from the performance of the and annotated to show changes made during Work . construction . These record documents together with all approved Samples and a counterpart of all 2 . Should any claim be made by any approved Shop Drawings will be available to ENGI - such owner or occupant because of the NEER for reference . Upon completion of the Work , performance of the Work , CONTRACTOR shall these record documents , Samples , and Shop promptly settle with such other party by Drawings will be delivered to ENGINEER for OWNER . negotiation or otherwise resolve the claim by arbitration or other dispute resolution 6 . 13 Safety and Protection proceeding or at law . A . CONTRACTOR shall be solely responsible 3 . To the fullest extent permitted by for initiating , maintaining and supervising all safety Laws and Regulations , CONTRACTOR shall precautions and programs in connection with the indemnify and hold harmless OWNER , Work . CONTRACTOR shall take all necessary ENGINEER , ENGINEER's Consultant , and the precautions for the safety of, and shall provide the officers , directors , partners , employees , agents , necessary protection to prevent damage , injury or loss and other consultants of each and any of them to : from and against all claims , costs , losses , and damages ( including but not limited to all fees 1 . all persons on the Site or who may and charges of engineers , architects , attorneys , be affected by the Work ; and other professionals and all court or arbitration or other dispute resolution costs ) 2 . all the Work and materials and equip- arising out of or relating to any claim or action , ment to be incorporated therein , whether in legal or equitable , brought by any such owner storage on or off the Site ; and or occupant against OWNER , ENGINEER , or 00700 - General Conditions REV 04-07 .doc 00700 - 22 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 .doc 3 . other property at the Site or adjacent 6 . 16 Emergencies thereto , including trees , shrubs , lawns , walks , pavements , roadways , structures , utilities , and A. In emergencies affecting the safety or protec - Underground Facilities not designated for tion of persons or the Work or property at the Site or removal , relocation , or replacement in the adjacent thereto , CONTRACTOR is obligated to act to course of construction . prevent threatened damage , injury , or loss . CONTRACTOR shall give ENGINEER prompt written B . CONTRACTOR shall comply with all applica - notice if CONTRACTOR believes that any significant ble Laws and Regulations relating to the safety of changes in the Work or variations from the Contract persons or property, or to the protection of persons or Documents have been caused thereby or are required property from damage , injury, or loss ; and shall erect as a result thereof. If ENGINEER determines that a and maintain all necessary safeguards for such safety change in the Contract Documents is required be- and protection . CONTRACTOR shall notify owners of cause of the action taken by CONTRACTOR in adjacent property and of Underground Facilities and response to such an emergency, a Work Change other utility owners when prosecution of the Work may Directive or Change Order will be issued . affect them , and shall cooperate with them in the protection , removal , relocation , and replacement of 6 . 17 Shop Drawings and Samples their property. All damage , injury , or loss to any property referred to in paragraph 6 . 13 .A . 2 or 6 . 13 . A . 3 A . CONTRACTOR shall submit Shop Drawings caused , directly or indirectly, in whole or in part , by to ENGINEER for review and approval in accordance CONTRACTOR , any Subcontractor , Supplier , or any with the acceptable schedule of Shop Drawings and other individual or entity directly or indirectly employed Sample submittals . All submittals will be identified as by any of them to perform any of the Work , or anyone ENGINEER may require and in the number of copies for whose acts any of them may be liable , shall be specified in the General Requirements . The data remedied by CONTRACTOR (except damage or loss shown on the Shop Drawings will be complete with attributable to the fault of Drawings or Specifications respect to quantities , dimensions , specified perfor - - - - or to the acts or omissions of OWNER or ENGINEER mance and design criteria , materials , and similar data or ENGINEER's Consultant, or anyone employed by to show ENGINEER the services , materials , and any of them , or anyone for whose acts any of them equipment CONTRACTOR proposes to provide and may be liable , and not attributable , directly or to enable ENGINEER to review the information for the indirectly, in whole or in part , to the fault or negligence limited purposes required by paragraph 6 . 17 . E . of CONTRACTOR or any Subcontractor, Supplier , or other individual or entity directly or indirectly employed B . CONTRACTOR shall also submit Samples to by any of them ) . CONTRACTOR's duties and ENGINEER for review and approval in accordance responsibilities for safety and for protection of the with the acceptable schedule of Shop Drawings and Work shall continue until such time as all the Work is Sample submittals . Each Sampie will be identified completed and ENGINEER has issued a notice to clearly as to material , Supplier, pertinent data such as OWNER and CONTRACTOR in accordance with catalog numbers , and the use for which intended and paragraph 14 . 07 . 13 that the Work is acceptable otherwise as ENGINEER may require to enable ENGk ( except as otherwise expressly provided in connection NEER to review the submittal for the limited purposes with Substantial Completion ) . required by paragraph 6 . 17 . E . The numbers of each Sample to be submitted will be as specified in the 6 . 14 Safety Representative Specifications . A. CONTRACTOR shall designate a qualified C . Where a Shop Drawing or Sample is required and experienced safety representative at the Site by the Contract Documents or the schedule of Shop whose duties and responsibilities shall be the Drawings and Sample submittals acceptable to ENGI - prevention of accidents and the maintaining and NEER as required by paragraph 2 . 07 , any related supervising of safety precautions and programs . Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole 6 . 15 Hazard Communication Programs expense and responsibility of CONTRACTOR . A. CONTRACTOR shall be responsible for D . Submittal Procedures coordinating any exchange of material safety data sheets or other hazard communication information 1 . Before submitting each Shop required to be made available to or exchanged be- Drawing or Sample , CONTRACTOR shall have tween or among employers at the Site in accordance determined and verified : with Laws or Regulations . a . all field measurements , quantities , dimensions , specified performance criteria , 00700 - General Conditions REV 04-07 . doc 00700 - 23 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc installation requirements , materials , catalog technique , sequence , or procedure of con - numbers , and similar information with struction is specifically and expressly called for respect thereto ; by the Contract Documents ) or to safety precautions or programs incident thereto . The b . all materials with respect to intended review and approval of a separate item as such use , fabrication , shipping , handling , storage , will not indicate approval of the assembly in assembly, and installation pertaining to the which the item functions . performance of the Work ; 3 . ENGINEER's review and approval of c . all information relative to means , Shop Drawings or Samples shall not relieve methods , techniques , sequences , and CONTRACTOR from responsibility for any procedures of construction and safety variation from the requirements of the Contract precautions and programs incident thereto ; Documents unless CONTRACTOR has in and writing called ENGINEER's attention to each such variation at the time of each submittal as d . CONTRACTOR shall also have required by paragraph 6 . 17 . D . 3 and ENGk reviewed and coordinated each Shop NEER has given written approval of each such Drawing or Sample with other Shop variation by specific written notation thereof Drawings and Samples and with the incorporated in or accompanying the Shop requirements of the Work and the Contract Drawing or Sample approval ; nor will any Documents . approval by ENGINEER relieve CON - TRACTOR from responsibility for complying 2 . Each submittal shall bear a stamp or with the requirements of paragraph 6 . 17 . D . 1 , specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations F . Resubmittal Procedures - - - - --- under--the--Contract-Doc, espect -to - -- - - - - - ---- - - — CONTRACTOR's review and approval of that 1 . CONTRACTOR shall make correc- submittal , tions required by ENGINEER and shall return the required number of corrected copies of 3 . At the time of each submittal , CON - Shop Drawings and submit as required new TRACTOR shall give ENGINEER specific Samples for review and approval . CON - written notice of such variations , if any, that the TRACTOR shall direct specific attention in Shop Drawing or Sample submitted may have writing to revisions other than the corrections from the requirements of the Contract called for by ENGINEER on previous Documents , such notice to be in a written com - submittals . munication separate from the submittal ; and , in addition , shall cause a specific notation to be 6 . 18 Continuing the Work made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of A . CONTRACTOR shall carry on the Work and each such variation . adhere to the progress schedule during all disputes or disagreements with OWNER . No Work shall be E . ENGINEER 's Review delayed or postponed pending resolution of any disputes or disagreements , except as permitted by 1 . ENGINEER will timely review and paragraph 15 . 04 or as OWNER and CONTRACTOR approve Shop Drawings and Samples in may otherwise agree in writing , accordance with the schedule of Shop Drawings and Sample submittals acceptable to 6 . 19 CONTRACTOR 's General Warranty and ENGINEER . ENGINEER 's review and Guarantee approval will be only to determine if the items covered by the submittals will , after installation A. CONTRACTOR warrants and guarantees to or incorporation in the Work , conform to the OWNER , ENGINEER, and ENGINEER' s Consultants information given in the Contract Documents that all Work will be in accordance with the Contract and be compatible with the design concept of Documents and will not be defective , the completed Project as a functioning whole as CONTRACTOR's warranty and guarantee hereunder indicated by the Contract Documents . excludes defects or damage caused by: 2 . ENGINEER' s review and approval 1 . abuse , modification , or improper will not extend to means , methods , techniques , maintenance or operation by persons other sequences , or procedures of construction than CONTRACTOR , Subcontractors , (except where a particular means , method , 00700 - General Conditions REV 04-07 . doc 00700 - 24 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1 1 36-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .coc Suppliers , or any other individual or entity for Work itself) , including the loss of use resulting whom CONTRACTOR is responsible ; or therefrom ; and 2 . normal wear and tear under normal 2 , is caused in whole or in part by any usage , negligent act or omission of CONTRACTOR , any Subcontractor, any Supplier, or any B . CONTRACTOR' s obligation to perform and individual or entity directly or indirectly complete the Work in accordance with the Contract employed by any of them to perform any of the Documents shall be absolute . None of the following Work or anyone for whose acts any of them will constitute an acceptance of Work that is not in may be liable , regardless of whether or not accordance with the Contract Documents or a release caused in part by any negligence or omission of of CONTRACTOR's obligation to perform the Work in an individual or entity indemnified hereunder or accordance with the Contract Documents : whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless 1 . observations by ENGINEER ; of the negligence of any such individual or entity. 2 , recommendation by ENGINEER or payment by OWNER of any progress or final B . In any and all claims against OWNER or payment ; ENGINEER or any of their respective consultants , agents , officers , directors , partners , or employees by 3 , the issuance of a certificate of Sub- any employee (or the survivor or personal stantial Completion by ENGINEER or any representative of such employee ) of CONTRACTOR , payment related thereto by OWNER ; any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to 4 , use or occupancy of the Work or any perform any of the Work , or anyone for whose acts part thereof by OWNER ; any of them may be liable , the indemnification obligation under pamagreph 6 .20.A shall not be limited 5 , any acceptance by OWNER or any in any way by any limitation on the amount or type of failure to do so ; damages , compensation , or benefits payable by or for CONTRACTOR or any such Subcontractor , Supplier, 6 , any review and approval of a Shop or other individual or entity under workers ' compen - Drawing or Sample submittal or the issuance of sation acts , disability benefit acts , or other employee a notice of acceptability by ENGINEER ; benefit acts . 7 , any inspection , test , or approval by C . The indemnification obligations of CON - others ; or TRACTOR under paragraph 6 . 20 .A shall not extend to the liability of ENGINEER and ENGINEER's 8 , any correction of defective Work by Consultants or to the officers , directors , partners , OWNER , employees , agents , and other consultants and subcontractors of each and any of them arising out of: 6 . 20 Indemnification 1 . the preparation or approval of, or the A. To the fullest extent permitted by Laws and failure to prepare or approve , maps , Drawings , Regulations , CONTRACTOR shall indemnify and hold opinions , reports , surveys , Change Orders , harmless OWNER , ENGINEER , ENGINEER' s designs , or Specifications ; or Consultants , and the officers , directors , partners , employees , agents , and other consultants and 2 , giving directions or instructions , or subcontractors of each and any of them from and failing to give them , if that is the primary cause against all claims , costs , losses , and damages of the injury or damage . ( including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or other ARTICLE 7 - OTHER WORK dispute resolution costs ) arising out of or relating to the performance of the Work , provided that any such claim , cost , loss , or damage : 7 . 01 Related Work at Site 1 . is attributable to bodily injury, A . OWNER may perform other work related to sickness , disease , or death , or to injury to or the Project at the Site by OWNER's employees , or let destruction of tangible property ( other than the other direct contracts therefor , or have other work 00700 - General Conditions REV 04-07 .doc 00700 - 25 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc performed by utility owners . If such other work is not noted in the Contract Documents , then : 1 . the individual or entity who will have authority and responsibility for coordination of 1 . written notice thereof will be given to the activities among the various contractors will CONTRACTOR prior to starting any such other be identified ; work ; and 2 , the specific matters to be covered by 2 . if OWNER and CONTRACTOR are such authority and responsibility will be unable to agree on entitlement to or on the itemized ; and amount or extent , if any, of any adjustment in the Contract Price or Contract Times that 3 . the extent of such authority and should be allowed as a result of such other responsibilities will be provided . work , a Claim may be made therefor as provided in paragraph 10 . 05 . B . Unless otherwise provided in the Supplementary Conditions , OWNER shall have sole B . CONTRACTOR shall afford each other authority and responsibility for such coordination , contractor who is a party to such a direct contract and each utility owner ( and OWNER, if OWNER is per- forming the other work with OWNER's employees ) ARTICLE 8 - OWNER ' S RESPONSIBILITIES 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 8 . 01 Communications to Contractor other work and shall properly coordinate the Work with theirs . Unless otherwise provided in the Contract A. Except as otherwise provided in these Documents , CONTRACTOR shall do all cutting , General Conditions , OWNER shall issue all communi- fitting ,_and patching of the Work that may be required cations to CONTRACTOR through ENGINEER , to properly connect or otherwise make its several parts come together and properly integrate with such 8 . 02 Replacement of ENGINEER other work . CONTRACTOR shall not endanger any work of others by cutting , excavating , or otherwise A. In case of termination of the employment of altering their work and will only cut or alter their work ENGINEER , OWNER shall appoint an engineer to with the written consent of ENGINEER and the others whom CONTRACTOR makes no reasonable whose work will be affected . The duties and objection , whose status under the Contract responsibilities of CONTRACTOR under this Documents shall be that of the former ENGINEER . paragraph are for the benefit of such utility owners and other contractors to the extent that there are 8 . 03 Furnish Data comparable provisions for the benefit of CONTRACTOR in said direct contracts between A . OWNER shall promptly furnish the data OWNER and such utility owners and other required of OWNER under the Contract Documents . contractors . 8 . 04 Pay Promptly When Due C . If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- A . OWNER shall make payments to CONTRAC - formed by others under this Article 7 , CONTRACTOR TOR promptly when they are due as provided in shall inspect such other work and promptly report to paragraphs 14 . 02 . 0 and 14 . 07 . C . ENGINEER in writing any delays , defects , or deficien - cies in such other work that render it unavailable or 8 . 05 Lands and Easements; Reports and Tests unsuitable for the proper execution and results of CONTRACTOR' s Work . CONTRACTOR's failure to A. OWNER's duties in respect of providing lands so report will constitute an acceptance of such other and easements and providing engineering surveys to work as fit and proper for integration with establish reference points are set forth in paragraphs CONTRACTOR's Work except for latent defects and 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to OWNER's deficiencies in such other work . identifying and making available to CONTRACTOR copies of reports of explorations and tests of 7 . 02 Coordination subsurface conditions and drawings of physical conditions in or relating to existing surface or A. If OWNER intends to contract with others for subsurface structures at or contiguous to the Site that the performance of other work on the Project at the have been utilized by ENGINEER in preparing the Site , the following will be set forth in Supplementary Contract Documents . Conditions : 00700 - General Concitions REV 04-07 .doc 00700 - 26 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc 8 . 06 Insurance 9 . 02 Visits to Site A . OWNER's responsibilities , if any, in respect to purchasing and maintaining liability and property insur- A . ENGINEER will make visits to the Site at ance are set forth in Article 5 . intervals appropriate to the various stages of construc- tion as ENGINEER deems necessary in order to 8 . 07 Change Orders observe as an experienced and qualified design professional the progress that has been made and the A . OWNER is obligated to execute Change quality of the various aspects of CONTRACTOR's Orders as indicated in paragraph 10 . 03 . executed Work . Based on information obtained during such visits and observations , ENGINEER , for 8 . 08 Inspections, Tests, and Approvals the benefit of OWNER , will determine , in general , if the Work is proceeding in accordance with the Con - A. OWNER's responsibility in respect to certain tract Documents . ENGINEER will not be required to inspections , tests , and approvals is set forth in make exhaustive or continuous inspections on the paragraph 13 . 03 . B . Site to check the quality or quantity of the Work . ENGINEER's efforts will be directed toward providing 8 . 09 Limitations on OWNER 's Responsibilities for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract A . The OWNER shall not supervise , direct , or Documents . On the basis of such visits and have control or authority over , nor be responsible for, observations , ENGINEER will keep OWNER informed CONTRACTOR' s means , methods , techniques , se- of the progress of the Work and will endeavor to guard quences , or procedures of construction , or the safety OWNER against defective Work . precautions and programs incident thereto , or for any failure of CONTRACTOR to comply with Laws and B . ENGINEER's visits and observations are Regulations xipplicable_ _to —the performance—of_Ahe — . __subject to._aflAhL limitations_-orLENG1NEER s_authoriiy_ Work . OWNER will not be responsible for and responsibility set forth in paragraph 9 . 10 , and CONTRACTOR's failure to perform the Work in particularly, but without limitation , during or as a result accordance with the Contract Documents . of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not 8 . 10 Undisclosed Hazardous Environmental supervise , direct , control , or have authority over or be Condition responsible for CONTRACTOR's means , methods , techniques , sequences , or procedures of construction , A . OWNER's responsibility in respect to an or the safety precautions and programs incident undisclosed Hazardous Environmental Condition is thereto , or for any failure of CONTRACTOR to comply set forth in paragraph 4 . 06 . with Laws and Regulations applicable to the performance of the Work . 8 . 11 Evidence of Financial Arrangements 9 . 03 Project Representative A . If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that A. If OWNER and ENGINEER agree , ENGI - financial arrangements have been made to satisfy NEER will furnish a Resident Project Representative OWNER' s obligations under the Contract Documents , to assist ENGINEER in providing more extensive OWNER's responsibility in respect thereof will be as observation of the Work . The responsibilities and set forth in the Supplementary Conditions . authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9 . 10 and in the Supplementary ARTICLE 9 - ENGINEER ' S STATUS DURING Conditions . If OWNER designates another represen - CONSTRUCTION tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee , the responsibilities and authority and limitations thereon of 9 . 01 OWNER 'S Representative such other individual or entity will be as provided in the Supplementary Conditions , A . ENGINEER will be OWNER' s representative during the construction period . The duties and 9 . 04 Clarifications and Interpretations responsibilities and the limitations of authority of ENGINEER as OWNER Is representative during A . ENGINEER will issue with reasonable construction are set forth in the Contract Documents promptness such written clarifications or interpreta - and will not be changed without written consent of tions of the requirements of the Contract Documents OWNER and ENGINEER . as ENGINEER may determine necessary, which shall 00700 - General Conditions REV 04-07 .doc 00700 - 27 F \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_ Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -0Tdoc be consistent with the intent of and reasonably CONTRACTOR the ENGINEER's preliminary inferable from the Contract Documents . Such written determinations on such matters before rendering a clarifications and interpretations will be binding on written decision thereon (by recommendation of an OWNER and CONTRACTOR . If OWNER and CON - Application for Payment or otherwise ) . ENGINEER 's TRACTOR are unable to agree on entitlement to or on written decision thereon will be final and binding the amount or extent , if any, of any adjustment in the ( except as modified by ENGINEER to reflect changed Contract Price or Contract Times , or both , that should factual conditions or more accurate data ) upon be allowed as a result of a written clarification or OWNER and CONTRACTOR , subject to the interpretation , a Claim may be made therefor as provisions of paragraph 10 . 05 , provided in paragraph 10 . 05 . 9 . 09 Decisions on Requirements of Contract 9 . 05 Authorized Variations in Work Documents and Acceptability of Work A . ENGINEER may authorize minor variations in A . ENGINEER will be the initial interpreter of the the Work from the requirements of the Contract requirements of the Contract Documents and judge of Documents which do not involve an adjustment in the the acceptability of the Work thereunder . Claims , Contract Price or the Contract Times and are compati - disputes and other matters relating to the acceptability ble with the design concept of the completed Project of the Work , the quantities and classifications of Unit as a functioning whole as indicated by the Contract Price Work , the interpretation of the requirements of Documents . These may be accomplished by a Field the Contract Documents pertaining to the Order and will be binding on OWNER and also on performance of the Work , and Claims seeking CONTRACTOR , who shall perform the Work involved changes in the Contract Price or Contract Times will promptly . If OWNER and CONTRACTOR are unable be referred initially to ENGINEER in writing , in to agree on entitlement to or on the amount or extent , accordance with the provisions of paragraph 10 . 05 , if any, of any adjustment in the Contract Price or with a request for a formal decision . _ Times. or both,_as_ a-result of a-Field-Order, _ _ __- a Claim may be made therefor as provided in B . When functioning as interpreter and judge paragraph 10 . 05 , under this paragraph 9 . 09 , ENGINEER will not show partiality to OWNER or CONTRACTOR and will not 9 . 06 Rejecting Defective Work be liable in connection with any interpretation or decision rendered in good faith in such capacity. The A . ENGINEER will have authority to disapprove rendering of a decision by ENGINEER pursuant to this or reject Work which ENGINEER believes to be paragraph 9 . 09 with respect to any such Claim , defective , or that ENGINEER believes will not produce dispute , or other matter (except any which have been a completed Project that conforms to the Contract waived by the making or acceptance of final payment Documents or that will prejudice the integrity of the as provided in paragraph 14 . 07 ) will be a condition design concept of the completed Project as a precedent to any exercise by OWNER or functioning whole as indicated by the Contract CONTRACTOR of such rights or remedies as either Documents . ENGINEER will also have authority to may otherwise have under the Contract Documents or require special inspection or testing of the Work as by Laws or Regulations in respect of any such Claim , provided in paragraph 13 . 04 , whether or not the Work dispute , or other matter, is fabricated , installed , or completed . 9 . 10 Limitations on ENGINEER 's Authority and 9 . 07 Shop Drawings, Change Orders and Responsibilities Payments A. Neither ENGINEER's authority or respon - A . In connection with ENGINEER 's authority as sibility under this Article 9 or under any other provision to Shop Drawings and Samples , see paragraph 6 . 17 . of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not B . In connection with ENGINEER 's authority as exercise such authority or responsibility or the to Change Orders , see Articles 101 11 , and 12 . undertaking , exercise , or performance of any authority or responsibility by ENGINEER shall create , impose , C . In connection with ENGINEER's authority as or give rise to any duty in contract, tort , or otherwise to Applications for Payment, see Article 14 . owed by ENGINEER to CONTRACTOR , any Subcon - tractor , any Supplier, any other individual or entity, or 9 . 08 Determinations for Unit Price Work to any surety for or employee or agent of any of them . A. ENGINEER will determine the actual quanti - B . ENGINEER will not supervise , direct , control , ties and classifications of Unit Price Work performed or have authority over or be responsible for by CONTRACTOR . ENGINEER will review with CONTRACTOR 's means , methods , techniques , se- 00700 - General Conditions REV 04-07 .doc 00700 - 28 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_ Culvert Replacement N of 23rd SI SW\.4dmim\Contract Documents\00700 - General Conditions REV 04-07 .doc quences , or procedures of construction , or the safety paragraph 3 . 04 , except in the case of an emergency precautions and programs incident thereto , or for any as provided in paragraph 6 . 16 or in the case of failure of CONTRACTOR to comply with Laws and uncovering Work as provided in paragraph 13 . 04 . 13 . Regulations applicable to the performance of the Work . ENGINEER will not be responsible for 10 . 03 Execution of Change Orders CONTRACTOR's failure to perform the Work in accordance with the Contract Documents . A . OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI - C . ENGINEER will not be responsible for the NEER (or Written Amendments ) covering : acts or omissions of CONTRACTOR or of any Subcontractor , any Supplier, or of any other individual 1 . changes in the Work which are : ( i ) or entity performing any of the Work . ordered by OWNER pursuant to paragraph 10 . 01 .A, ( ii ) required because of acceptance of D . ENGINEER 's review of the final Application defective Work under paragraph 13 . 08 .A or for Payment and accompanying documentation and all OWNER's correction of defective Work under maintenance and operating instructions , schedules , paragraph 13 . 09 , or ( iii ) agreed to by the guarantees , Bonds , certificates of inspection , tests parties ; and approvals , and other documentation required to be delivered by paragraph 14 . 07 .A will only be to 2 , changes in the Contract Price or determine generally that their content complies with Contract Times which are agreed to by the the requirements of, and in the case of certificates of parties , including any undisputed sum or inspections , tests , and approvals that the results amount of time for Work actually performed in certified indicate compliance with , the Contract accordance with a Work Change Directive ; and Documents . 36 changes in the Contract Price or _ _ _ _ __ _—E._-.-_The_limitatinns -upon authority_and_responsibil-_ ___ ___ ContracLTimes-which embody_the_substanceof — ity set forth in this paragraph 9 . 10 shall also apply to any written decision rendered by ENGINEER ENGINEER's Consultants , Resident Project Repre- pursuant to paragraph 10 . 05 ; provided that , in sentative , and assistants . lieu of executing any such Change Order, an appeal may be taken from any such decision in ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions , but during any such appeal , 10 . 01 Authorized Changes in the Work CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in A. Without invalidating the Agreement and paragraph 6 . 18 . Al without notice to any surety, OWNER may, at any time or from time to time , order additions , deletions , or 10 . 04 Notification to Surety revisions in the Work by a Written Amendment , a Change Order, or a Work Change Directive . Upon A. If notice of any change affecting the general receipt of any such document , CONTRACTOR shall scope of the Work or the provisions of the Contract promptly proceed with the Work involved which will be Documents ( including , but not limited to , Contract performed under the applicable conditions of the Price or Contract Times ) is required by the provisions Contract Documents (except as otherwise specifically of any Bond to be given to a surety, the giving of any provided ) . such notice will be CONTRACTOR's responsibility . The amount of each applicable Bond will be adjusted B . If OWNER and CONTRACTOR are unable to to reflect the effect of any such change . agree on entitlement to , or on the amount or extent , if any, of an adjustment in the Contract Price or Contract 10 . 05 Claims and Disputes Times , or both , that should be allowed as a result of a Work Change Directive , a Claim may be made A. Notice : Written notice stating the general therefor as provided in paragraph 10 . 05 . nature of each Claim , dispute , or other matter shall be delivered by the claimant to ENGINEER and the other 10 . 02 Unauthorized Changes in the Work party to the Contract promptly ( but in no event later than 30 days ) after the start of the event giving rise A . CONTRACTOR shall not be entitled to an thereto . Notice of the amount or extent of the Claim , increase in the Contract Price or an extension of the dispute , or other matter with supporting data shall be Contract Times with respect to any work performed delivered to the ENGINEER and the other party to the that is not required by the Contract Documents as Contract within 60 days after the start of such event amended , modified , or supplemented as provided in ( unless ENGINEER allows additional time for claimant 00700 - General Conditions REV 04-07 . doc 00700 - 29 R\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW _Culvert Replacement N of 23rd St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 .doc to submit additional or more accurate data in support ARTICLE 11 - COST OF THE WORK ; CASH of such Claim , dispute , or other matter) . A Claim for ALLOWANCES ; UNIT PRICE WORK 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 11 . 01 Cost of the Work prepared in accordance with the provisions of paragraph 12 . 02 . 13 . Each Claim shall be accom - A . Costs Included: The term Cost of the Work panied by claimant's written statement that the adjust- means the sum of all costs necessarily incurred and ment claimed is the entire adjustment to which the paid by CONTRACTOR in the proper performance of claimant believes it is entitled as a result of said event . the Work . When the value of any Work covered by a The opposing party shall submit any response to Change Order or when a Claim for an adjustment in ENGINEER and the claimant within 30 days after Contract Price is determined on the basis of Cost of receipt of the claimant's last submittal ( unless the Work , the costs to be reimbursed to ENGINEER allows additional time ) . CONTRACTOR will be only those additional or incremental costs required because of the change in B . ENGINEER 's Decision: ENGINEER will render a the Work or because of the event giving rise to the formal decision in writing within 30 days after receipt of Claim . Except as otherwise may be agreed to in the last submittal of the claimant or the last submittal writing by OWNER , such costs shall be in amounts no of the opposing party, if any. ENGINEER's written higher than those prevailing in the locality of the decision on such Claim , dispute , or other matter will Project, shall include only the following items , and be final and binding upon OWNER and shall not include any of the costs itemized in para . CONTRACTOR unless : graph 11 . 01 . 13 . 1 . an appeal from ENGINEER 's 1 . Payroll costs for employees in the decision is taken within the time limits and in direct employ of CONTRACTOR in the perfor- ----- - --- -accordance_ _Stith- the —iisnute ----sesclution mance_Qf-tho-Work-under- -schedul ---- f ob-_ ___ -- --- procedures set forth in Article 16 ; or classifications agreed upon by OWNER and CONTRACTOR . Such employees shall include 2 , if no such dispute resolution without limitation superintendents , foremen , procedures have been set forth in Article 16 , a and other personnel employed full time at the written notice of intention to appeal from Site . Payroll costs for employees not employed ENGINEER' s written decision is delivered by full time on the Work shall be apportioned on OWNER or CONTRACTOR to the other and to the basis of their time spent on the Work . ENGINEER within 30 days after the date of Payroll costs shall include , but not be limited to , such decision , and a formal proceeding is salaries and wages plus the cost of fringe instituted by the appealing party in a forum of benefits , which shall include social security competent jurisdiction within 60 days after the contributions , unemployment , excise , and date of such decision or within 60 days after payroll taxes , workers ' compensation , health Substantial Completion , whichever is later and retirement benefits , bonuses , sick leave , ( unless otherwise agreed in writing by OWNER vacation and holiday pay applicable thereto . and CONTRACTOR ) , to exercise such rights or The expenses of performing Work outside of remedies as the appealing party may have with regular working hours , on Saturday, Sunday, or respect to such Claim , dispute , or other matter legal holidays , shall be included in the above to in accordance with applicable Laws and the extent authorized by OWNER . Regulations , 2 . Cost of all materials and equipment C . If ENGINEER does not render a formal furnished and incorporated in the Work , includ - decision in writing within the time stated in paragraph ing costs of transportation and storage thereof, 10 . 05 . 13 , a decision denying the Claim in its entirety and Suppliers ' field ' services required in shall be deemed to have been issued 31 days after connection therewith . All cash discounts shall receipt of the last submittal of the claimant or the last accrue to CONTRACTOR unless OWNER submittal of the opposing party, if any. deposits funds with CONTRACTOR with which to make payments , in which case the cash D . No Claim for an adjustment in Contract Price discounts shall accrue to OWNER . All trade or Contract Times (or Milestones ) will be valid if not discounts , rebates and refunds and returns submitted in accordance with this paragraph 10 . 05 . from sale of surplus materials and equipment shall accrue to OWNER , and CONTRACTOR shall make provisions so that they may be obtained . 00700 - General Conditions REV 04 -07 .doc 00700 - 30 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_CuNert Replacement N of 23rd St SW\Adm nm\Contract Documents\00700 - General Conditions REV 04 -07 .doc 3 . Payments made by CONTRACTOR contractor, or anyone directly or indirectly to Subcontractors for Work performed by employed by any of them or for whose acts any Subcontractors . If required by OWNER , CON - of them may be liable , and royalty payments TRACTOR shall obtain competitive bids from and fees for permits and licenses . subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to f. Losses and damages (and related OWNER , who will then determine , with the expenses ) caused by damage to the Work , not advice of ENGINEER , which bids , if any, will be compensated by insurance or otherwise , sus - acceptable . If any subcontract provides that the tained by CONTRACTOR in connection with Subcontractor is to be paid on the basis of Cost the performance of the Work ( except losses of the Work plus a fee , the Subcontractor 's and damages within the deductible amounts of Cost of the Work and fee shall be determined property insurance established in accordance in the same manner as CONTRACTOR's Cost with paragraph 5 . 06 . D ) , provided such losses of the Work and fee as provided in this para - and damages have resulted from causes other graph 11 . 01 . than the negligence of CONTRACTOR , any Subcontractor, or anyone directly or indirectly 4 . Costs of special consultants employed by any of them or for whose acts any ( including but not limited to engineers , of them may be liable . Such losses shall architects , testing laboratories , surveyors , include settlements made with the written attorneys , and accountants ) employed for consent and approval of OWNER . No such services specifically related to the Work . losses , damages , and expenses shall be included in the Cost of the Work for the 5 . Supplemental costs including the purpose of determining CONTRACTOR's fee . following : g . The cost of utilities , fuel , and sanitary __a_ - __ThP nreporfion_ _of_-necessary_trans - - _ - - portation , travel , and subsistence expenses of CONTRACTOR's employees incurred in dis- h . Minor expenses such as telegrams , charge of duties connected with the Work . long distance telephone calls , telephone service at the Site , expressage , and similar petty cash b . Cost , including transportation and items in connection with the Work . maintenance , of all materials , supplies , equip- ment , machinery, appliances , office , and i . When the Cost of the Work is used to temporary facilities at the Site , and hand tools determine the value of a Change Order or of a not owned by the workers , which are consumed Claim , the cost of premiums for additional in the performance of the Work , and cost , less Bonds and insurance required because of the market value , of such items used but not con - changes in the Work or caused by the event sumed which remain the property of CON - giving rise to the Claim . TRACTOR . j . When all the Work is performed on the C , Rentals of all construction equip- basis of cost- plus , the costs of premiums for all ment and machinery, and the parts thereof Bonds and insurance CONTRACTOR is whether rented from CONTRACTOR or others required by the Contract Documents to in accordance with rental agreements approved purchase and maintain . by OWNER with the advice of ENGINEER , and the costs of transportation , loading , unloading , B . Costs Excluded: The term Cost of the Work assembly, dismantling , and removal thereof. shall not include any of the following items : All such costs shall be in accordance with the terms of said rental agreements . The rental of 1 . Payroll costs and other compensation any such equipment, machinery, or parts shall of CONTRACTOR 's officers , executives , princi- cease when the use thereof is no longer pals (of partnerships and sole proprietorships ) , necessary for the Work . general managers , engineers , architects , estimators , attorneys , auditors , accountants , d . Sales , consumer, use , and other purchasing and contracting agents , expediters , similar taxes related to the Work , and for which timekeepers , clerks , and other personnel CONTRACTOR is liable , imposed by Laws and employed by CONTRACTOR , whether at the Regulations . Site or in CONTRACTOR's principal or branch office for general administration of the Work e . Deposits lost for causes other than and not specifically included in the agreed upon negligence of CONTRACTOR , any Sub - schedule of job classifications referred to in 00700 - General Conditions REV 04-07 .doc 00700 - 31 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc paragraph 11 . 01 . A . 1 or specifically covered by by the allowances to be delivered at the Site , paragraph 11 . 01 . A . 4 , all of which are to be and all applicable taxes ; and considered administrative costs covered by the CONTRACTOR' s fee . 2 . CONTRACTOR's costs for unloading and handling on the Site , labor, installation 2 . Expenses of CONTRACTOR's princi- costs , overhead , profit , and other expenses pal and branch offices other than contemplated for the allowances have been CONTRACTOR' s office at the Site , included in the Contract Price and not in the allowances , and no demand for additional 3 . Any part of CONTRACTOR 's capital payment on account of any of the foregoing will expenses , including interest on be valid . CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for B . Prior to final payment , an appropriate Change delinquent payments . Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on 4 . Costs due to the negligence of CON - account of Work covered by allowances , and the Con - TRACTOR , any Subcontractor , or anyone tract Price shall be correspondingly adjusted . directly or indirectly employed by any of them or for whose acts any of them may be liable , 11 . 03 Unit Price Work including but not limited to , the correction of defective Work , disposal of materials or A . Where the Contract Documents provide that equipment wrongly supplied , and making good all or part of the Work is to be Unit Price Work , initially any damage to property . the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the 5 . Other overhead or general expense unit price for each separately identified item of Unit costs of any kind and the costs of any item not Price Work times the estimated quantity of each item specifically and expressly included in as indicated in the Agreement . The estimated paragraphs 11 . 01 .A and 11 . 01 . B . quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison of C . CONTRACTOR 's Fee: When all the Work is Bids and determining an initial Contract Price . Deter- performed on the basis of cost-plus , CONTRACTOR' s minations of the actual quantities and classifications of fee shall be determined as set forth in the Agreement . Unit Price Work performed by CONTRACTOR will be When the value of any Work covered by a Change made by ENGINEER subject to the provisions of Order or when a Claim for an adjustment in Contract paragraph 9 . 08 . Price is determined on the basis of Cost of the Work , CONTRACTOR's fee shall be determined as set forth B . Each unit price will be deemed to include an in paragraph 12 . 01 . C . amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit D . Documentation: Whenever the Cost of the for each separately identified item . Work for any purpose is to be determined pursuant to paragraphs 11 . 01 . A and 11 . 01 . 13 , CONTRACTOR will C . OWNER or CONTRACTOR may make a establish and maintain records thereof in accordance Claim for an adjustment in the Contract Price in accor- with generally accepted accounting practices and dance with paragraph 10 . 05 if: submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting 1 . the quantity of any item of Unit Price data . Work performed by CONTRACTOR differs materially and significantly from the estimated 11 . 02 Cash Allowances quantity of such item indicated in the Agreement ; and A . It is understood that CONTRACTOR has in - cluded in the Contract Price all allowances so named 2 , there is no corresponding adjustment in the Contract Documents and shall cause the Work with respect any other item of Work ; and so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER . 3 . if CONTRACTOR believes that CONTRACTOR agrees that : CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred 1 . the allowances include the cost to additional expense or OWNER believes that CONTRACTOR ( less any applicable trade OWNER is entitled to a decrease in Contract discounts ) of materials and equipment required Price and the parties are unable to agree as to the amount of any such increase or decrease . 00700 - General Conditions REV 04-07 .doc 00700 - 12 FAPublic Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd Sl SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc C , where one or more tiers of subcon - tracts are on the basis of Cost of the Work ARTICLE 12 - CHANGE OF CONTRACT PRICE ; plus a fee and no fixed fee is agreed upon , CHANGE OF CONTRACT TIMES the intent of paragraph 12 . 01 . C . 2 . a is that the Subcontractor who actually performs the Work , at whatever tier, will be paid a fee 12 . 01 Change of Contract Price of 15 percent of the costs incurred by such Subcontractor under paragraphs 11 . 01 .A . 1 A . The Contract Price may only be changed by a and 11 . 01 . A . 2 and that any higher tier Change Order or by a Written Amendment . Any Subcontractor and CONTRACTOR will Claim for an adjustment in the Contract Price shall be each be paid a fee of five percent of the based on written notice submitted by the party making amount paid to the next lower tier Subcon - the Claim to the ENGINEER and the other party to the tractor ; Contract in accordance with the provisions of para- graph 10 . 05 . d . no fee shall be payable on the basis of costs itemized under paragraphs B . The value of any Work covered by a Change 11 . 01 . AA , 11 . 01 .A . 5 , and 11 . 01 . 137- Order 1 . 01 . 13 ;Order or of any Claim for an adjustment in the Contract Price will be determined as follows : e , the amount of credit to be allowed by CONTRACTOR to OWNER for any 1 , where the Work involved is covered change which results in a net decrease in by unit prices contained in the Contract cost will be the amount of the actual net Documents , by application of such unit prices to decrease in cost plus a deduction in the quantities of the items involved (subject to CONTRACTOR's fee by an amount equal the provisions of paragraph 11 . 03 ) ; or to five percent of such net decrease ; and 2 . where the Work involved is not cov- f. when both additions and credits are ered by unit prices contained in the Contract involved in any one change , the adjustment Documents , by a mutually agreed lump sum in CONTRACTOR's fee shall be computed (which may include an allowance for overhead on the basis of the net change in and profit not necessarily in accordance with accordance with paragraphs 12 . 01 . C . 2 . a paragraph 12 . 01 . C . 2 ) ; or through 12 . 01 . C . 2 . e , inclusive . 3 , where the Work involved is not cov- 12 . 02 Change of Contract Times ered by unit prices contained in the Contract Documents and agreement to a lump sum is A. The Contract Times (or Milestones ) may only not reached under paragraph 12 . 01 . 13 . 2 , on the be changed by a Change Order or by a Written basis of the Cost of the Work (determined as Amendment . Any Claim for an adjustment in the provided in paragraph 11 . 01 ) plus a Contract Times ( or Milestones ) shall be based on CONTRACTOR 's fee for overhead and profit written notice submitted by the party making the claim (determined as provided in paragraph 12 . 01 . C ) . to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10 . 05 . C . CONTRACTOR 's Fee: The CONTRACTOR 's fee for overhead and profit shall be B . Any adjustment of the Contract Times (or determined as follows : Milestones ) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or 1 . a mutually acceptable fixed fee ; or Milestones ) will be determined in accordance with the provisions of this Article 12 . 2 , if a fixed fee is not agreed upon , then a fee based on the following percentages of the 12 . 03 Delays Beyond CONTRACTOR 's Control various portions of the Cost of the Work : A. Where CONTRACTOR is prevented from a . for costs incurred under para- completing any part of the Work within the Contract graphs 11 . 01 . A. 1 and 11 . 01 . A. 2 , the Times (or Milestones ) due to delay beyond the control CONTRACTOR 's fee shall be 15 percent ; of CONTRACTOR , the Contract Times (or Milestones ) will be extended in an amount equal to the b , for costs incurred under paragraph time lost due to such delay if a Claim is made therefor 11 . 01 . A . 3 , the CONTRACTOR's fee shall as provided in paragraph 12 . 02 . A . Delays beyond the be five percent ; control of CONTRACTOR shall include , but not be limited to , acts or neglect by OWNER , acts or neglect 00700 - General Conditions REV 04-07 .doc 00700 - 33 F '.\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc of utility owners or other contractors performing other ARTICLE 13 - TESTS AND INSPECTIONS ; work as contemplated by Article 7 , fires , floods , CORRECTION , REMOVAL OR ACCEPTANCE OF epidemics , abnormal weather conditions , or acts of DEFECTIVE WORK God . 12 . 04 Delays Within CONTRACTOR 's Control 13 . 01 Notice of Defects A . The Contract Times (or Milestones ) will not be A . Prompt notice of all defective Work of which extended due to delays within the control of OWNER or ENGINEER has actual knowledge will be CONTRACTOR . Delays attributable to and within the given to CONTRACTOR . All defective Work may be control of a Subcontractor or Supplier shall be rejected , corrected , or accepted as provided in this deemed to be delays within the control of CONTRA& Article 13 . TOR . 13 . 02 Access to Work 12 . 05 Delays Beyond OWNER 's and CONTRACTOR 's Control A. OWNER , ENGINEER , ENGINEER 's Con - sultants , other representatives and personnel of A . Where CONTRACTOR is prevented from OWNER , independent testing laboratories , and completing any part of the Work within the Contract governmental agencies with jurisdictional interests will Times (or Milestones ) due to delay beyond the control have access to the Site and the Work at reasonable of both OWNER and CONTRACTOR , an extension of times for their observation , inspecting , and testing . the Contract Times (or Milestones ) in an amount CONTRACTOR shall provide them proper and safe equal to the time lost due to such delay shall be conditions for such access and advise them of CONTRACTOR 's sole and exclusive remedy for such CONTRACTOR's Site safety procedures and delay . programs so that they may comply therewith as - - - - - _ _ - - ---- - -- --- --- -_ applicable.--- - 12 . 06 Delay Damages 13 . 03 Tests and Inspections A . In no event shall OWNER or ENGINEER be liable to CONTRACTOR , any Subcontractor , any A . CONTRACTOR shall give ENGINEER timely Supplier, or any other person or organization , or to any notice of readiness of the Work for all required surety for or employee or agent of any of them , for inspections , tests , or approvals and shall cooperate damages arising out of or resulting from : with inspection and testing personnel to facilitate required inspections or tests . 1 . delays caused by or within the control of CONTRACTOR ; or B . OWNER shall empley and— pay fer the conii�o� Of -ten indepeR & Rt tocfnn ni }ri .. .. �. f,v„�.,v„ z .�cr.--r�yetiCtcFttiT J L 2 , delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires , floods , epidemics , abnormal weather conditions , acts of God , or acts or neglect by utility owners or other contractors . performing other work as contemplated by below; Article 7 . 2 . that GGStS iRGUFred in G9RReGti9R with B . Nothing in this paragraph 12 . 06 bars a change in Contract Price pursuant to this Article 12 to paragraph 131041 �R Sh ;�; Il be paid as provided iR compensate CONTRACTOR due to delay, said PaFagpaph 13 . 04 . 130; apd interference , or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible . th8 G9R #aGt DGGHMIBIRtS . C . If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected , tested , or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections , tests , or approvals , pay all costs in connection therewith , and 00700 - General Conditions REV 04-07 .doc 00700 - 34 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SW Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc furnish ENGINEER the required certificates of inspec- attributable to such uncovering , exposure , tion or approval , observation , inspection , testing , replacement , and reconstruction . If the parties are unable to agree as to D . CONTRACTOR shall be responsible for the amount or extent thereof, CONTRACTOR may arranging and obtaining and shall pay all costs in make a Claim therefor as provided in paragraph connection with any inspections , tests , or approvals 10 . 05 , required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the 13 . 05 OWNER May Stop the Work Work ; or acceptance of materials , mix designs , or equipment submitted for approval prior to CONTRACTOR' s purchase thereof for incorporation in the Work . Such inspections , tests , or approvals OF 912IIHIPMeRt , or fails to pe rn the Werk ire shall be performed by organizations acceptable to SUGh a way that the Gempleted Work v.411 renform to OWNER and ENGINEER . y order CON E . If any Work (or the work of others ) that is to until the Pause Jnr sow erg,- hasbee„ e; im+Rate be inspected , tested , or approved is covered by CONhoweverl this right of 0% It . IF. . I ti� the %Alln� rk Shall - TRACTOR without written concurrence of ENGI - NEER , it must , if requested by ENGINEER , be uncov- ered for observation . OF entity, or onv surety for or employee agent of F . Uncovering Work as provided in paragraph any-ef them. 13 . 03 . E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice 13 . 06 Correction or Removal of Defective Work of CONTRACTOR' s intention to cover the same and ENGINEER has not acted with reasonable prompt- A . CONTRACTOR shall correct all defective (less In response to such-notice, - - - - - _ -- - -Wok( , whether - or no __fa rica`ted— InSfaTled, -- or completed , or , if the Work has been rejected by ENGI - 13 . 04 Uncovering Work NEER , remove it from the Project and replace it with Work that is not defective . CONTRACTOR shall pay A. If any Work is covered contrary to the written all Claims , costs , losses , and damages ( including but request of ENGINEER , it must , if requested by ENGI - not limited to all fees and charges of engineers , NEER , be uncovered for ENGINEER's observation architects , attorneys , and other professionals and all and replaced at CONTRACTOR's expense . court or arbitration or other dispute resolution costs ) arising out of or relating to such correction or removal B . If ENGINEER considers it necessary or ( including but not limited to all costs of repair or advisable that covered Work be observed by ENGI - replacement of work of others ) . NEER or inspected or tested by others , CONTRAC - TOR , at ENGINEER's request , shall uncover , expose , 13 . 07 Correction Period or otherwise make available for observation , inspec- tion , or testing as ENGINEER may require , that A. If within one year after the date of Substantial portion of the Work in question , furnishing all neces- Completion or such longer period of time as may be sary labor, material , and equipment . If it is found that prescribed by Laws or Regulations or by the terms of such Work is defective , CONTRACTOR shall pay all any applicable special guarantee required by the Claims , costs , losses , and damages ( including but not Contract Documents or by any specific provision of the limited to all fees and charges of engineers , architects , Contract Documents , any Work is found to be attorneys , and other professionals and all court or defective , or if the repair of any damages to the land arbitration or other dispute resolution costs ) arising out or areas made available for CONTRACTOR's use by of or relating to such uncovering , exposure , observa - OWNER or permitted by Laws and Regulations as tion , inspection , and testing , and of satisfactory contemplated in paragraph 6 . 11 . A is found to be replacement or reconstruction ( including but not defective , CONTRACTOR shall promptly, without cost limited to all costs of repair or replacement of work of to OWNER and in accordance with OWNER 's written others ) ; and OWNER shall be entitled to an instructions : ( i ) repair such defective land or areas , or appropriate decrease in the Contract Price . If the ( ii ) correct such defective Work or , if the defective parties are unable to agree as to the amount thereof, Work has been rejected by OWNER , remove it from OWNER may make a Claim therefor as provided in the Project and replace it with Work that is not paragraph 10 . 05 . If, however, such Work is not found defective , and ( iii ) satisfactorily correct or repair or to be defective , CONTRACTOR shall be allowed an remove and replace any damage to other Work , to the increase in the Contract Price or an extension of the work of others or other land or areas resulting there- Contract Times (or Milestones ) , or both , directly from . If CONTRACTOR does not promptly comply 00700 - General Conditions REV 04-07 .doc 00700 - 35 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc with the terms of such instructions , or in an therefor as provided in paragraph 10 . 05 . If the emergency where delay would cause serious risk of acceptance occurs after such recommendation , an loss or damage , OWNER may have the defective appropriate amount will be paid by CONTRACTOR to Work corrected or repaired or may have the rejected OWNER . Work removed and replaced , and all Claims , costs , losses , and damages ( including but not limited to all 13 . 09 OWNER May Correct Defective Work fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or A . If CONTRACTOR fails within a reasonable other dispute resolution costs ) arising out of or relating time after written notice from ENGINEER to correct to such correction or repair or such removal and defective Work or to remove and replace rejected replacement ( including but not limited to all costs of Work as required by ENGINEER in accordance with repair or replacement of work of others ) will be paid by paragraph 13 . 06 . A, or if CONTRACTOR fails to CONTRACTOR . perform the Work in accordance with the Contract Documents , or if CONTRACTOR fails to comply with B . In special circumstances where a particular any other provision of the Contract Documents , item of equipment is placed in continuous service OWNER may, after seven days written notice to before Substantial Completion of all the Work , the CONTRACTOR , correct and remedy any such correction period for that item may start to run from an deficiency . earlier date if so provided in the Specifications or by Written Amendment . B . In exercising the rights and remedies under this paragraph , OWNER shall proceed expeditiously . C - Where defective Work (and damage to other In connection with such corrective and remedial Work resulting therefrom ) has been corrected or action , OWNER may exclude CONTRACTOR from all removed and replaced under this paragraph 13 . 07 , or part of the Site , take possession of all or part of the the correction period hereunder with respect to such Work and suspend CONTRACTOR's services related WorK-\tvjl [ -be extended for anaddJi_ l- petd -off -onekher_et lake _p se�s.i ��GQNT�3ACTOB _ toolsY_ year after such correction or removal and replacement appliances , construction equipment and machinery at has been satisfactorily completed . the Site , and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has D . CONTRACTOR's obligations under this paid CONTRACTOR but which are stored elsewhere . paragraph 13 . 07 are in addition to any other obligation CONTRACTOR shall allow OWNER, OWNER's or warranty. The provisions of this paragraph 13 . 07 representatives , agents and employees , OWNER's shall not be construed as a substitute for or a waiver other contractors , and ENGINEER and ENGINEER's of the provisions of any applicable statute of limitation Consultants access to the Site to enable OWNER to or repose . exercise the rights and remedies under this paragraph . 13 . 08 Acceptance of Defective Work C . All Claims , costs , losses , and damages A. If, instead of requiring correction or removal ( including but not limited to all fees and charges of and replacement of defective Work , OWNER (and , engineers , architects , attorneys , and other prior to ENGINEER 9s recommendation of final pay- professionals and all court or arbitration or other ment , ENGINEER ) prefers to accept it , OWNER may dispute resolution costs ) incurred or sustained by do so . CONTRACTOR shall pay all Claims , costs , OWNER in exercising the rights and remedies under losses , and damages ( including but not limited to all this paragraph 13 . 09 will be charged against CON - fees and charges of engineers , architects , attorneys , TRACTOR , and a Change Order will be issued and other professionals and all court or arbitration or incorporating the necessary revisions in the Contract other dispute resolution costs ) attributable to Documents with respect to the Work ; and OWNER OWNER's evaluation of and determination to accept shall be entitled to an appropriate decrease in the such defective Work (such costs to be approved by Contract Price . If the parties are unable to agree as to ENGINEER as to reasonableness ) and the diminished the amount of the adjustment , OWNER may make a value of the Work to the extent not otherwise paid by Claim therefor as provided in paragraph 10 . 05 . Such CONTRACTOR pursuant to this sentence . If any claims , costs , losses and damages will include but not such acceptance occurs prior to ENGINEER's recom - be limited to all costs of repair , or replacement of work mendation of final payment, a Change Order will be of others destroyed or damaged by correction , issued incorporating the necessary revisions in the removal , or replacement of CONTRACTOR's Contract Documents with respect to the Work , and defective Work . OWNER shall be entitled to an appropriate decrease in the Contract Price , reflecting the diminished value of D . CONTRACTOR shall not be allowed an Work so accepted . If the parties are unable to agree extension of the Contract Times ( or Milestones ) as to the amount thereof, OWNER may make a Claim because of any delay in the performance of the Work 00700- General Cond tions REV 04-07 . doc 00700 - 36 F \Public Works\ENGINEERING DIVISION PROJECTS\1 1 36-6th Ave SW_ Culvert Replacement N of 23rd St S\N\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc attributable to the exercise by OWNER of OWNER's B . ReviewofApplications rights and remedies under this paragraph 13 . 09 . 1 . ENGINEER will , within 10 days after receipt of each Application for Payment , either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing 14 . 01 Schedule of Values ENGINEER's reasons for refusing to recommend payment . In the latter case , CON - A . The schedule of values established as provid - TRACTOR may make the necessary ed in paragraph 2 . 07 . A will serve as the basis for corrections and resubmit the Application . progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI - 2 . ENGINEER' s recommendation of NEER . Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed . Payment will constitute a representation by ENGINEER to OWNER , based on 14 . 02 Progress Payments ENGINEER's observations on the Site of the executed Work as an experienced and qualified A. Applications for Payments design professional and on ENGINEER's review of the Application for Payment and the 1 . At least 20 days before the date accompanying data and schedules , that to the established for each progress payment ( but not best of ENGINEER's knowledge , information more often than once a month ) , and belief: CONTRACTOR shall submit to ENGINEER for _ _-- -- _ - - rev iew- .an-Appficationfor-Paymenifilled out and -_ --_-- - --__ _ _---a.-the-Workbas-larogressed to the - point - ---- signed by CONTRACTOR covering the Work indicated ; completed as of the date of the Application and accompanied by such supporting b . the quality of the Work is generally in documentation as is required by the Contract accordance with the Contract Documents Documents . If payment is requested on the (subject to an evaluation of the Work as a basis of materials and equipment not functioning whole prior to or upon incorporated in the Work but delivered and Substantial Completion , to the results of any suitably stored at the Site or at another location subsequent tests called for in the Contract agreed to in writing , the Application for Payment Documents , to a final determination of shall also be accompanied by a bill of sale , quantities and classifications for Unit Price invoice , or other documentation warranting that Work under paragraph 9 . 08 , and to any OWNER has received the materials and equip- other qualifications stated in the ment free and clear of all Liens and evidence recommendation ) ; and that the materials and equipment are covered by appropriate property insurance or other c . The conditions precedent to arrangements to protect OWNER's interest CONTRACTOR's being entitled to such therein , all of which must be satisfactory to payment appear to have been fulfilled in so OWNER , far as it is ENGINEER's responsibility to observe the Work . 2 . Beginning with the second Application for Payment , each Application shall 3 . By recommending any such include an affidavit of CONTRACTOR stating payment ENGINEER will not thereby be that all previous progress payments received deemed to have represented that : ( i ) inspec- on account of the Work have been applied on tions made to check the quality or the quantity account to discharge CONTRACTOR 's of the Work as it has been performed have legitimate obligations associated with prior been exhaustive , extended to every aspect of Applications for Payment . the Work in progress , or involved detailed inspections of the Work beyond the responsi- 3 . The amount of retainage with respect bilities specifically assigned to ENGINEER in to progress payments will be as stipulated in the Contract Documents ; or ( ii ) that there may the Agreement , 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 . 00700 - General Conditions REV 04-07 .doc 00700 - 37 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SWWdmim\Contract Documents\00700 - General Conditions REV 04 -07 .coc 4 . Neither ENGINEER's review of D . Reduction in Payment CONTRACTOR' s Work for the purposes of 1 . OWNER may refuse to make recommending payments nor ENGINEER 's payment of the full amount recommended by recommendation of any payment , including final ENGINEER because : payment , will impose responsibility on ENGINEER to supervise , direct , or control the a . claims have been made against Work or for the means , methods , techniques , OWNER on account of CONTRACTOR's sequences , or procedures of construction , or performance or furnishing of the Work ; the safety precautions and programs incident thereto , or for CONTRACTOR's failure to b . Liens have been filed in connection comply with Laws and Regulations applicable to with the Work , except where CONTRACTOR 's performance of the Work . CONTRACTOR has delivered a specific Additionally, said review or recommendation will Bond satisfactory to OWNER to secure the not impose responsibility on ENGINEER to satisfaction and discharge of such Liens ; make any examination to ascertain how or for what purposes CONTRACTOR has used the c . there are other items entitling OWN - moneys paid on account of the Contract Price , ER to a set-off against the amount or to determine that title to any of the Work , recommended ; or materials , or equipment has passed to OWNER free and clear of any Liens . d . OWNER has actual knowledge of the occurrence of any of the events enumerated 5 . ENGINEER may refuse to recom - in paragraphs 14 . 02 . B . 5 . a through mend the whole or any part of any payment if, 14 . 02 . B . 5 . c or paragraph 15 . 02 .A . in ENGINEER's opinion , it would be incorrect to make the representations to OWNER referred 2 . If OWNER refuses to makeDayment to in paragraph 14 . 02 . 13 . 2 . ENGINEER may of the full amount recommended by also refuse to recommend any such payment ENGINEER , OWNER must give or, because of subsequently discovered CONTRACTOR immediate written notice (with evidence or the results of subsequent a copy to ENGINEER) stating the reasons for inspections or tests , revise or revoke any such such action and promptly pay CONTRACTOR payment recommendation previously made , to any amount remaining after deduction of the such extent as may be necessary in amount so withheld . OWNER shall promptly ENGINEER's opinion to protect OWNER from pay CONTRACTOR the amount so withheld , or loss because : any adjustment thereto agreed to by OWNER and CONTRACTOR , when CONTRACTOR a . the Work is defective , or completed corrects to OWNER 9s satisfaction the reasons Work has been damaged , requiring for such action . correction or replacement; 3 . If it is subsequently determined that b . the Contract Price has been reduced OWNER's refusal of payment was not justified , by Written Amendment or Change Orders ; the amount wrongfully withheld shall be treated as an amount due as determined by paragraph c . OWNER has been required to correct 14 . 02 . C . 1 . defective Work or complete Work in accor- dance with paragraph 13 . 09 ; or 14 . 03 CONTRACTOR 's Warranty of Title A. CONTRACTOR warrants and guarantees the GGGLAFFenGe of , n „ of the eVeRts eR nneF 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 C . Payment Becomes Due the time of payment free and clear of all Liens . 1 . Tefldays #er—prese+atAfithrQ 14 . 04 Substantial Completion FWSINIPF= 's resemffad fes; , the aM96I;t A. When CONTRACTOR considers the entire Falsemmended will (subject to the PFOVOISDIGIRS G Work ready for its intended use CONTRACTOR shall Paragraph 14 . 02 . D ) become due , aro Whefa notify OWNER and ENGINEER in writing that the due will be paid by OWNER to CONTRACTOR , entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete ) 00700 - General Conditions REV 04-07 .doc 00700 - 38 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SWV\dmim\Contract Documents\00700 - General Conditions REV 04 -07 -doc and request that ENGINEER issue a certificate of intended purpose without significant interference with Substantial Completion . Promptly thereafter , CONTRACTOR's performance of the remainder of OWNER , CONTRACTOR , and ENGINEER shall the Work , may be accomplished prior to Substantial make an inspection of the Work to determine the Completion of all the Work subject to the following status of completion . If ENGINEER does not consider conditions . the Work substantially complete , ENGINEER will notify CONTRACTOR in writing giving the reasons 1 . OWNER at any time may request therefore . tf- € NrIN € € R Gensi�s Work CONTRACTOR in writing to permit OWNER to s bStaRti@u„ rumplete ENGINEER wall prepare@Rd use any such part of the Work which OWNER deliver to CANNER a teRt2tiVe GeFtifiGate of Substantial believes to be ready for its intended use and Gem; letien which shad f+x tlpda+oaf- I1h8taAti ;4l substantially complete . If CONTRACTOR agrees that such part of the Work is substantially complete , CONTRACTOR will befere finale aunt , OWNER shall have seven days certify to OWNER and ENGINEER that such part of the Work is substantially complete and mare written nhieGtinn to ENGINEER as to an request ENGINEER to issue a certificate of provisiORS of the GeFtifiG@t8 or attaGhed lost , ' Substantial Completion for that part of the Gonsidering c Gh ehieGtinns ENGINEER e rdI Work . CONTRACTOR at any time may notify that the Werk is net substantially—Gemplei�- OWNER and ENGINEER in writing that ENGINEERyiill within 94 days after submission of the. CONTRACTOR considers any such part of the Work ready for its intended use and substan - i ; WFitiRg , 6tating the reasens theFGfer . If, after tially complete and request ENGINEER to issue Gensideratien of OWN€R's ebjeGtiGRS , ENGINEER a certificate of Substantial Completion for that GORsiderrs the Work substantially—Gemplete , part of the Work . Within a reasonable time ENGINEER will withiR said 14 days ever„ +e @d after either such request , OWNER , CONTRACTOR, and ENGINEER shall make G8FtifiGat8 94th ;4 rPvdl;; P. an inspection of that part of the Work to + eRta+i_,e IiSt of items to be ,,OMpleted or GeFFeGted ; determine its status of completion . If reflecting curh rhannes from the tentative GFtifiG+e ENGINEER does not consider that part of the as ENGINEER bore„es justified after Gens "de atie ,Of Work to be substantially complete , ENGINEER will notify OWNER and CONTRACTOR in of the teRtatiVe. of Substantial GOMpletiOR writing giving the reasons therefor . If GnlG . . MG . .R , . ,ill .ger„er + OWNER nnrl rnnlTl� nr ENGINEER considers that part of the Work to be substantially complete , the provisions of respoRsibilities peRdiRg f+aal- payment between paragraph 14 . 04 will apply with respect to certification of Substantial Completion of that Werk , part of the Work and the division of responsibility in respect thereof and access and guarantees . IJAless—OWNER and thereto . r Tn ree e+hene ,isa iRWr'+inn nod so inform ENGINEER ' n writ 4ng prier +e ENIGINEER's 2 . No occupancy or separate operation of part of the Work may occur prior to tion ENGINEER's aforesaid rerommenr+ o + inn , . ,ill he compliance with the requirements of paragraph 5 . 10 regarding property insurance . 14 . 06 Final Inspection B . OWNER shall have the right to exclude CONTRACTOR from the Site after the date of A. Upon written notice from CONTRACTOR that Substantial Completion , but OWNER shall allow CON - the entire Work or an agreed portion thereof is TRACTOR reasonable access to complete or correct complete , ENGINEER will promptly make a final items on the tentative list . inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in 14 . 05 Partial Utilization which this inspection reveals that the Work is incomplete or defective . CONTRACTOR shall A . Use by OWNER at OWNER 's option of any immediately take such measures as are necessary to substantially completed part of the Work which has complete such Work or remedy such deficiencies , 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 00700 - General Conditions REV 04 -07 .doc 00700 - 39 P\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 . doc 14 . 07 Final Payment writing ENGINEER' s recommendation of payment and present the Application for A . Application for Payment Payment to OWNER for payment . At the same time ENGINEER will also give written notice to 1 . After CONTRACTOR has , in the OWNER and CONTRACTOR that the Work is opinion of ENGINEER , satisfactorily completed acceptable subject to the provisions of all corrections identified during the final paragraph 14 . 09 . Otherwise , ENGINEER will inspection and has delivered , in accordance return the Application for Payment to with the Contract Documents , all maintenance CONTRACTOR , indicating in writing the and operating instructions , schedules , guaran - reasons for refusing to recommend final tees , Bonds , certificates or other evidence of payment , in which case CONTRACTOR shall insurance certificates of inspection , marked - up make the necessary corrections and resubmit record documents (as provided in paragraph the Application for Payment . 6 . 12 ) , and other documents , CONTRACTOR may make application for final payment follow- C . Payment Becomes Due ing the procedure for progress payments . 1 . Thirty daYS 2f+er the eRt ti + 2 . The final Application for Payment shall be accompanied ( except as previously delivered ) by: ( i ) all documentation called for in FeGOr,, rneRded by ENGINEER will hpgnme due the Contract Documents , including but not @Rd , wheR due , will be paid by OWNER te limited to the evidence of insurance required by subparagraph 5 . 04 . 13 . 7 ; ( ii ) consent of the surety, if any, to final payment; and ( iii ) 14 . 08 Final Completion Delayed complete and legally effective releases or waives_(sabsfactiory_to__OWN-ER-_QfalI LierL _ - A.-Af thn ugh _ fa-ult -ok_C0NTBAGTOR . _Jinalf rights arising out of or Liens filed in connection completion of the Work is significantly delayed , and if with the Work . ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR's final Application for Payment and 3 . In lieu of the releases or waivers of recommendation of ENGINEER, and without terminat- Liens specified in paragraph 14 . 07 . A. 2 and as ing the Agreement , make payment of the balance due approved by OWNER, CONTRACTOR may for that portion of the Work fully completed and furnish receipts or releases in full and an accepted . If the remaining balance to be held by affidavit of CONTRACTOR that : ( i ) the releases OWNER for Work not fully completed or corrected is and receipts include all labor, services , less than the retainage stipulated in the Agreement, material , and equipment for which a Lien could and if Bonds have been furnished as required in be filed ; and ( ii ) all payrolls , material and paragraph 5 . 01 , the written consent of the surety to equipment bills , and other indebtedness the payment of the balance due for that portion of the connected with the Work for which OWNER or Work fully completed and accepted shall be submitted OWNER's property might in any way be by CONTRACTOR to ENGINEER with the Application responsible have been paid or otherwise satis - for such payment . Such payment shall be made fied . If any Subcontractor or Supplier fails to under the terms and conditions governing final furnish such a release or receipt in full , CON - payment , except that it shall not constitute a waiver of TRACTOR may furnish a Bond or other Claims . collateral satisfactory to OWNER to indemnify OWNER against any Lien . 14 . 09 Waiver of Claims B . Review of Application and Acceptance A. The making and acceptance of final payment will constitute : 1 . If, on the basis of ENGINEER's observation of the Work during construction 1 . a waiver of all Claims by OWNER and final inspection , and ENGINEER Is review against CONTRACTOR , except Claims arising of the final Application for Payment and from unsettled Liens , from defective Work accompanying documentation as required by appearing after final inspection pursuant to the Contract Documents , ENGINEER is paragraph 14 . 06 , from failure to comply with the satisfied that the Work has been completed Contract Documents or the terms of any special and CONTRACTOR 's other obligations under guarantees specified therein , or from the Contract Documents have been fulfilled , CONTRACTOR 's continuing obligations under ENGINEER will , within ten days after receipt of the Contract Documents ; and the final Application for Payment , indicate in 00700 - General Conditions REV 04 -07 .doc 00700 - 40 F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW-Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc 2 . a waiver of all Claims by CONTRAC - materials and equipment stored at the Site or for TOR against OWNER other than those which OWNER has paid CONTRACTOR but which previously made in writing which are still are stored elsewhere , and finish the Work as OWNER unsettled . may deem expedient . In such case , CONTRACTOR shall not be entitled to receive any further payment until the Work is finished . If the unpaid balance of the ARTICLE 15 - SUSPENSION OF WORK AND Contract Price exceeds all claims , costs , losses , and TERMINATION damages ( including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or other 15 . 01 OWNER May Suspend Work dispute resolution costs ) sustained by OWNER arising out of or relating to completing the Work , such excess A. At any time and without cause , OWNER may will be paid to CONTRACTOR . If such claims , costs , suspend the Work or any portion thereof for a period losses , and damages exceed such unpaid balance , of not more than 90 consecutive days by notice in CONTRACTOR shall pay the difference to OWNER , writing to CONTRACTOR and ENGINEER which will Such claims , costs , losses , and damages incurred by fix the date on which Work will be resumed . CON - OWNER will be reviewed by ENGINEER as to their TRACTOR shall resume the Work on the date so reasonableness and , when so approved by fixed . CONTRACTOR shRll hp allowed an adjUStMeR 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 . as PFOVided iR paragraph 10 . 05 . C . Where CONTRACTOR's services have been 15 . 02 OWNER May Terminate for Cause so terminated by OWNER , the termination will not -- -_-_ --- -- -._ -- - ---. - - - - ___ _ - __ -affect—any- - rights-"--remedies—of- O-W-NERagainst A . The occurrence of any one or more of the CONTRACTOR then existing or which may thereafter following events will justify termination for cause : accrue . Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON - 1 . CONTRACTOR's persistent failure TRACTOR from liability, to perform the Work in accordance with the Contract Documents ( including , but not limited 15 . 03 OWNER May Terminate For Convenience to , failure to supply sufficient skilled workers or suitable materials or equipment or failure to A. Upon seven days written notice to CON - adhere to the progress schedule established TRACTOR and ENGINEER , OWNER may, without under paragraph 2 . 07 as adjusted from time to cause and without prejudice to any other right or time pursuant to paragraph 6 . 04 ) ; remedy of OWNER, elect to terminate the Contract . In such case , CONTRACTOR shall be paid (without 2 . CONTRACTOR's disregard of Laws duplication of any items ) : or Regulations of any public body having jurisdiction , 1 . for completed and acceptable Work executed in accordance with the Contract 3 . CONTRACTOR's disregard of the Documents prior to the effective date of authority of ENGINEER ; or termination , including fair and reasonable sums for overhead and profit on such Work ; 4 . CONTRACTOR's violation in any substantial way of any provisions of the 2 , for expenses sustained prior to the Contract Documents . effective date of termination in performing services and furnishing labor , materials , or B . If one or more of the events identified in equipment as required by the Contract paragraph 15 . 02 . A occur , OWNER may, after giving Documents in connection with uncompleted CONTRACTOR (and the surety, if any) seven days Work , plus fair and reasonable sums for written notice , terminate the services of overhead and profit on such expenses ; CONTRACTOR , exclude CONTRACTOR from the Site , and take possession of the Work and of all 3 , for all claims , costs , losses , and CONTRACTOR 's tools , appliances , construction damages ( including but not limited to all fees equipment , and machinery at the Site , and use the and charges of engineers , architects , attorneys , same to the full extent they could be used by and other professionals and all court or CONTRACTOR (without liability to CONTRACTOR for arbitration or other dispute resolution costs ) in - trespass or conversion ) , incorporate in the Work all 00700 - General Conditions REV 04-07 .doc 00700 - 41 F\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW-Culvert Replacement N of 23rd St SW\Admlm\Contract Documents\00700 - General Conditions REV 04 -07 .doc curred in settlement of terminated contracts ARTICLE 17 - MISCELLANEOUS with Subcontractors , Suppliers , and others ; and 4 , for reasonable expenses directly 17 . 01 Giving Notice attributable to termination . A . Whenever any provision of the Contract B . CONTRACTOR shall not be paid on account Documents requires the giving of written notice , it will of loss of anticipated profits or revenue or other eco- be deemed to have been validly given if delivered in nomic loss arising out of or resulting from such person to the individual or to a member of the firm or termination . to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , 15 . 04 CONTRACTOR May Stop Work or postage prepaid , to the last business address known Terminate to the giver of the notice . A . If, through no act or fault of CONTRACTOR , 17 . 02 Computation of Times the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other A . When any period of time is referred to in the public authority, or ENGINEER fails to act on any Contract Documents by days , it will be computed to Application for Payment within 30 days after it is exclude the first and include the last day of such submitted , period . If the last day of any such period falls on a TRACTOR aRY SUM fiRally GAP1tP1rrni %d W. be dl then Saturday or Sunday or on a day made a legal holiday CONTRACTOR may, upon seven days written notice by the law of the applicable jurisdiction , such day will to OWNER and ENGINEER, and provided OWNER be omitted from the computation . or ENGINEER do not remedy such suspension or failure within that time , terminate the Contract and 17 . 03 Cumulative Remedies recover from OWNER payment on the same terms as provided paragraph 15 . 03 . In lieu of terminating the A. The duties and obligations imposed by these Contract and without prejudice to any other right or General Conditions and the rights and remedies avail- remedy, if ENGINEER has failed to act on an able hereunder to the parties hereto are in addition to , Application for Payment within 30 days after it is and are not to be construed in any way as a limitation submitted , of, any rights and remedies available to any or all of them which are otherwise imposed or available by CONTRACTOR may , seven days after written notice Laws or Regulations , by special warranty or to OWNER and ENGINEER , stop the Work until guarantee , or by other provisions of the Contract payment is made of all such amounts due Documents , and the provisions of this paragraph will CONTRACTOR , including interest thereon . The be as effective as if repeated specifically in the provisions of this paragraph 15 . 04 are not intended to Contract Documents in connection with each preclude CONTRACTOR from making a Claim under particular duty , obligation , right , and remedy to which paragraph 10 . 05 for an adjustment in Contract Price they apply. or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR' s 17 . 04 Survival of Obligations stopping the Work as permitted by this paragraph . A. All representations , indemnifications , warran - ties , and guarantees made in , required by, or given in ARTICLE 16 - DISPUTE RESOLUTION accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract Documents , will survive final payment , completion , 16 . 01 Methods and Procedures and acceptance of the Work or termination or comple- tion of the Agreement . A . Dispute resolution methods and procedures , if any, shall be as set forth in the Supplementary 17 . 05 Controlling Law Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 A. This Contract is to be governed by the law of the and 10 . 05 , OWNER and CONTRACTOR may state in which the Project is located . exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute . 00700 - General Conditions REV 04-07 .doc 00700 - 42 F :\Public Works\ENGINEERING DIviSION PROJECTS\ 1136-6th Ave SW _Culverl Replacement N of 23rd St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC — 1 . 01 Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Performance , Payment and Other Bonds SC — 5 . 01 Certificates of Insurance SC- ,- -5003- CONTRACTOR ' S C - 5 . 03CONTRACTOR ' S Liability Insurance SC — 5 . 04 OWNER ' s Liability Insurance SC — 5 . 05 Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor ; Working Hours SC — 6 . 02 Permits SC — 6 . 06 Test and Inspections SC — 13 . 03 Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 Arbitration SC — 16 . 03 Liens SC — 17 . 06 00800-i 00800 - Supplementary Conditions 06- 09 rev . doc 00800 IF '\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW Culvert Replacement N of 23rd St SW\Ad mi m\Contract Documents\00800 - Supplementary Conditions 06-09 rev. doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC - 1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910 - 8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below . All provisions , which are not so amended or supplemented , remain in full force and effect . The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC - 1 . 01 Defined Terms SC - 1 . 01 . A . 20 . Delete paragraph GC 1 . 01 . A . 20 in its entirety. SC - 1 . 02 Terminology SC - 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place : - -- --- a- Furnish;Install,-Perform, -Provide-- - - - - - - - - - - - - --- -- - 1 . The word "furnish " shall mean to supply and deliver services , materials , or equipment to the Site ( or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install' shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform " or " provide " shall mean to furnish and install services , materials , or equipment complete and ready for intended use . SC -2 . 05 Before Starting Construction SC -2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance : CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 , SC -2 . 06 Preconstruction Conference SC - 2 . 06 Delete paragraph GC- 2. 06. A in its entirety and insert the following paragraph in its place: A . Immediately after awarding the contract , but before the CONTRACTOR begins work , the Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in 00800- 1 00800 - Supplementary Conditions 06-09 rev . doc 00800 1 F \Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc 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 Ae In case of discrepancy , the governing order of the documents shall be as follows : 1 . Written Interpretations 2 , Addenda 3 , Specifications 4 , Supplementary Conditions to the General Conditions 5 , General Conditions 6 . Approved Shop Drawings 7 , Drawings 8 , Referenced Standards . Be Written /computed dimensions shall govern over scaled dimensions . SC -4 . 02 Subsurface and Physical Conditions SC -4MAdd-the following- neE-w-p-arAgraphsimmediately-aflex_paragraph _GAa-_4 . 02..D�------_ 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 : Roadway Soil Survey D . Reports and drawings itemized in SC4 . 02 . 0 are not included with the Bidding Documents . Copies may be examined at Indian River County Administration Building , Public Works , 1801 27`h Street , Vero Beach , FL 32960 during regular business hours . These reports and drawings are not part of the Contract Documents . 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 paragraphs in its place : Within ten ( 10 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100 % of the Contract Price , 1 . In lieu of the Public Construction Bond , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check , cashier' s check , irrevocable letter of credit or a security as listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER . 2 , Such Bond shall continue in effect for one ( 1 ) year after acceptance of the 00800-2 00800 - Supplementary Conditions 06 -09 rev . doc 00800 2F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc Work by the OWNER . 3 , The CONTRACTOR shall record , the Public Construction 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 it is recorded . The CONTRACTOR shall pay all costs . 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. 6: C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker' s Compensation : To meet statutory limits in compliance with the Worker' s Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident , $ 500 , 000 disease ( policy limit ) and $ 100 , 000 disease ( each employee ) . Such shat -include a waiver--of uubr-ogatbn-- as--agair+st—OWNE—R -arid-- - ----- -- ENGINEER on account of injury sustained by an employees ) of the CONTRACTOR . 2 , Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/ Completed Operations c . Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 , Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for : a . Owner Autos b . Hired Autos C , Non - Owned Autos . 4 . CONTRACTOR ' s "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk " insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER ' s Risk Manager for review and approval . 00800- 3 00800 - Supplementary Conditions 06-09 rev . doc 00800 3F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1 136-6th Ave SW Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc b . " Indian River County Florida " will be named as "Additional Insured " on both the General Liability , Auto Liability and Builder ' s Risk "All Risk" Insurance . C , The OWNER will be given thirty ( 30 ) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER ' s Risk Manager . d . An appropriate " Indemnification " clause shall be made a provision of the Contract ( see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best ' s Rating , D . Additional Insureds : 1 . In addition to " Indian River County , Florida , " the following individuals or entities shall be listed as "additional insureds " on the CONTRACTOR ' s liability insurance policies : --- -NOJ\ E--- - - - - - - — -- -- - - - -- -- - - - b . c . SC -5 . 05 OWNER' s Liability Insurance SC - 5 . 05 Delete paragraph GC- 5. 05. A in its entirety. SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06. A , B. and C in their entirety and insert the following paragraphs in their place: A . CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER ' s Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 , be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions , 00800-4 00800 - Supplementary Conditions 06-09 rev . doc 00800 4F\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 revdoe 3 . include expenses incurred in the repair or replacement of any insured property ( including but not limited to fees and charges of engineers and architects ) ; 4 . cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 5 . allow for partial utilization of the Work by OWNER ; 6 , include testing and startup ; and 7 , be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self- insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . SC -5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : _ 1 . The following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR's property insurance policies : a . Indian River County , Florida b . Indian River Farms Water Control District C , 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 Delete GC-5. 09 (paragraph A) in its entirety. SC -6 . 02 Labor ; Working Hours SC - 6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC- 6. 02. B: 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year' s Day , Good Friday , Memorial Day , Independence Day , Labor Day , Veterans Day , Thanksgiving Day , Friday after Thanksgiving , Christmas Eve and Christmas Day . Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager , 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 00800-5 00800 - Supplementary Conditions 06-09 rev . doc 00800 5F :\Publlc Works\ENGINEERING DIVISION PROJECTSN 136-6th Ave SW -Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00800 - Supp! ementary Conditions 06-09 rev .doc 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 Is employees and costs of ENGINEER ' s Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m . except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC -6 . 06 . C . Add the following sentence at the end of paragraph GC- 6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor , Supplier, or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity . SC -6 . 08 Permits SC -6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : 1 . The OWNER has obtained the following permits ( copies of these permits are contained in Appendix "A" ) : A . Indian River Farms Water Control District — Permit no . 11 - 32 2 , The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER . 3 , The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC - 13 . 03 Test and Inspections SC- 13 . 03 . 13 . Delete the first sentence of paragraph GC- 13. 03. 8 in its entirety, and insert the following sentences in its place : B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed 00800-6 00800 - Supplementary Conditions 06-09 rev . doc 00800 6F\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-61h Ave SW_Culveri Replacement N of 23rd St SWV\dmim\Conlract Documents\00800 Supplementary Conditions 06-09 rev.doc inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below ; 2 , costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 , tests otherwise specifically provided in the Contract Documents , 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 - - - ---- - -- _- ght--of--OWNER- to--step-- tke-W-ork-shalJ mot-give--rise -lo--any-duty- ori-the--part-0f-- - -- 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 . 14 . 02 Progress Payments SC - 14 . 02 . 13 . 5 . Delete paragraph GC44. 02. B. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A ; or SC- 14 . 02 . B . 5 . Add the following sentences at the end of paragraph GC- 14. 02. B. 5: e . OWNER has been required to pay ENGINEER 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 : co Payment Becomes Due 00800- 7 00800 - Supplementary Conditions 06-09 rev . doc 00800 7F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev . doc 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act , F . S . 218 . 70 et. seq . SC - 14 . 04A . After the third sentence in paragraph GC- 14. 04A of the General Conditions, delete the remainder of paragraph 14 . 04A in its entirety and replace with the following,- " If ollowing:" If Engineer considers the Work substantially complete , Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735 ( 7 ) ( x ) ( 2005 ) , upon receipt of the tentative certificate of Substantial Completion from Engineer , the Owner , the 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 and Contractor 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 of 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 __Agree-ment and_ 3_ ) wand all items that require correction underthis 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 on the Project . " SC- 14 . 04B Add the following new paragraph immediately after paragraph GC 14. 04B : C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security , operation , safety , and protection of the Work , maintenance , heat , utilities , insurance , and warranties and guarantees SC - 14 . 07 Final Payment SC- 14 . 07 . C . 1 . Delete paragraph GC- 14 . 07. C. 1 in its entirety and insert the following paragraph in its place : C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218 . 70 , et . seq . SC - 15 . 01 OWNER May Suspend Work SC - 15 . 01 . A Delete the last sentence in paragraph GC45. 01 . A and insert the following in its place: 00800-8 00800 - Supplementary Conditions 06-09 rev . doc 00800 8F :\Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culveri Replacement N of 23rd St SW\Admim\Contract Documents\00800 - Supplemeatary Conditions 06-09 rev.doc 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 eco- nomic loss arising out of or resulting from such Work suspension . SC - 15 . 02 OWNER May Terminate For Cause SC - 15 . 02 . A . 5 and SC - 15 . 02 . A . 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4 : 5 . CONTRACTOR ' s violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR ' s failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC - 15 . 04 CONTRACTOR May Stop Work or Terminate SC - 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04 . A : er OWNER fails for 30 days to pay CONTRACTOR aRY SUM finally determined to be d6le , SC - 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04 . A : er OWNER has failed feF 30 days to pay CONTRACTOR any sum f 0 R@lly determined te be SCA 6 DISPUTE RESOLUTION SC - 16 . 02 Mediation SC- 16 Add the following new paragraph immediately after paragraph GC46. 01 � SC- 16 . 02 Mediation A. OWNER and CONTRACTOR agree that they shall 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 unless delay in initiating arbitration would irrevocably prejudice one of the parties . The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . SC - 17 Miscellaneous Add the following new paragraphs immediately after paragraph GC17005: SC - 17 . 06 Liens A . This project is a " Public Works " under Chapter 255 , Florida Statutes . No merchant ' s liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract . The claimant shall have a right of action 00800-9 00800 - Supplementary Conditions 06-09 rev . doc 00800 9FAPublic Works\ FNGINEER ING DIVISION PROJECTS\ 1136-6th Ave SW_Culverl Replacement N of 23rd St SMAdmim\Contract Documents\00800 Supplementary Conditions 06-09 rev .doc against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor , materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR ' S Name ) and to ( CONTRACTOR Surety Company Name ) , pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub - subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit- claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . ++ EN- OF' SUPPLEMENTARY - #------- 00800- 10 00800 - Supplementary Conditions 06-09 rev . doc 00800 1 OF \Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SMAdmim\Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc SECTION 00942 - Change Order Form No , DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No . 2012033 Project : 6th enue S . W . Culvert Replacement North of 23rd Street S W OWNER 's Project No . 1136 ENGINEER Indian River County You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order : Attachments : ( List documents supporting change ) CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time : ( days or dates ) Substantial Completion : Final Com letion : Net Increase ( Decrease ) from $ Net change from previous Change previous Change Orders No , Orders No . to ( days ) to Substantial Completion : Final Completion : Contract Price prior to this $ Contract Time prior to this Change Change Order : Order : ( days or dates ) Substantial Completion : Final Completion : Net increase ( decrease ) of this $ Net increase ( decrease ) this Change Order : Change Order : ( days or dates ) Substantial Completion : Final Completion : Contract Price with all approved $ Contract Time with all approved Change Orders : Change Orders : ( days or dates ) Substantial Completion : Final Completion : ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature ) Date : Date : Date : 00942 - Change Order Form REV 04-07 . doc 00942 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_ Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00942 - Change Order Form REV 04 -07 .doc Rev . 05101 SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No . 2012033 Project : 66—due S . W . Culvert Replacement North of 23rd Street S . W . OWNER' s Project No , 1136 ENGINEER : Indian River County Field Activity Description : -- - RBason for-C-hangs Recommended Disposition : Field Operations Officer / Engineer ( Signature ) Date Disposition : Contractor' s Onsite Supervisor ( Signature ) Date Distribution : Field Operations Officer Others as Required : On - site Supervisor Project File * * END OF SECTION 00946 - Field Order Form REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS \ 1 1 36-6th Ave SW_Culvert Replacement N of 23rd St SW\Admirn\Contract Documents\00946 - Field Order Form REV 04-07 . doc SECTION 00948 - Work Change Directive No . EFFECTIVE DATE : DATE OF ISSUANCE : OWNER : Indian River County CONTRACTOR : Bid No . 2012033 Project : d enue S . W . Culvert Replacement North of 23rd Street S.W. OWNER' s Project No . 1136 ENGINEER : Indian River County You are directed to proceed promptly with the following changes : Description : Purpose of Work Change Directive : Attachments : ( List documents supporting change ) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents . Method of determining change in Method of determining change in Contract Prices : Contract Times 1 Unit Prices n Contractor's Records ❑ Lump Sum II Engineer' s Records II Other : ❑ Other : ❑ By Change Order : II By Change Order : Estimated increase ( decrease ) in Contract Price : Estimated increase ( decrease ) in Contract Times : $ Substantial Completion : days ; Ready for Final Completion : days . If the change involves an increase , the estimated If the change involves an increase , the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature ) Date : Date : Date : * * END OF SECTION F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\00948 - Work Change Directive REV 04-07 . doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO , SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 - -- - --&UB-M1TTAL OF Sf4OP - DRAW ING-S ,- PRODU-CT- - - - - - DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS , PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F '\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\DIVISION 1 GENERAL REQUIREMENTS doc SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor , construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC - 6 . 02 , C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : 4550 41St Street , at the --- - ----- --- OR ' s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR ' s expense . D . In addition to these Specifications all work must comply with the requirements of the local governing agency , St . Johns River Water Management District , Department of Environmental Protection , Corps of Engineers , Indian River Farms Water Control District , and all other applicable State or Federal agencies ' specifications and permits . In the event of a conflict , the more stringent specification or requirement shall govern . E . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner , or verify in writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate owner ten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the work site . F . Temporary By- Pass Pump — A temporary by- pass pumping system shall be in place during construction until the new box culvert is open to flow . The by- pass system shall be capable of 13 , 000 GPM in the event of having storm events and to prevent high water levels in the canal greater than IRFWCD will allow . G . Temporary damming and dewatering shall be included in cost of the box culvert installation . 01009 - 1 01009 -Special Provisions F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01009 - Special Provisions . doc SECTION 01024 FORCE ACCOUNT 1 . 1 General CONTRACTOR shall furnish all labor , materials , equipment and incidentals necessary to perform additional work not covered on the Contract Drawings . The force Account is intended as a contingency for unforeseen work . 1_1 PAYMENT A . Lump sum amount for force account work is included in the bid schedule . The value of force account work will be determined in accordance with Article 12 of the General Conditions . - - - -- - - -- - - —f-+ END -OF SECTIO - -- 01024- 1 F :APublic Works\ENGINEERING DIVISION PROJECTSA 136 -6th Ave S W_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01024 - Force ACCountAOC SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor . B . Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . C . Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work . D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . -- - - - - --F. ---Sa#egtjw-d alf -points -stakes , -Wademafks-,--monument&-end-bene-hfnafk�+aade - - - or established on the Work , and reestablish same , if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR . Do no excavation or embankment work until all cross - sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental . No separate payment will be made for surveying or engineering . 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A . Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR Is acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . 1050- 1 01050 Field Engineering F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01050 - Field Engineering .doc B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR ' s work shall be replaced by a Florida Registered Land Sur- veyor and Mapper , at the CONTRACTOR Is expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work , the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract . C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper . D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper . 1 . 3 STATION BOARDS A . CONTRACTOR shall erect and maintain white/ black standard FDOT station markers every 100 feet . 1 . 4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5 - 7 of FDOT Standard Specifications . + + END OF SECTION + + 1050 -2 01050 Field Engineering F .\Public Works\ENGINEER ING DIVISION PROJECTS\1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01050 - Field Engineering. doe SECTION 01091 REFERENCE STANDARDS 1 . 1 GENERAL A . Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization or body , it shall be construed to mean the latest standard , code , specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or when applicable laws , ordinances , rules , regulations or codes establish stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full . B . Reference to a technical society , organization , or body may be made in the Specifications by abbreviations , in accordance with the following list : AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards F : \Public Works\ENGINEE RING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SMAdmim\Contract Documents\01091 - Reference Standards doc CRSI Concrete Reinforcing Steel Institute FDEP / DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/ DOT Florida Department of Transportation Ilc . - - r erwrl er S Laoratories-Inc .--- SSPC Steel Structures Painting Council SJRWMD St . Johns River Water Management District C . When no reference is made to a code , standard or specification , the standard specifications of ASTM , FDOT , or ANSI shall govern . D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevails . + + END OF SECTION + + 01091 -2 01091 Reference Standards F :\Public Works\ ENGINEERING DIVISION PROJECTS\1136-6th Ave SW —Culvert Replacement N of 23rd St SW \Admim\Contract Documents\01091 - Reference: Standards . doc SECTION 01215 GENERAL QUALITY CONTROL 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Specific quality control requirements for the work are indicated throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term " Quality Control " includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A . Residual OWNER Responsibility : The OWNER will employ and pay for the services of independent testing laboratories to perform those required - - --- - - -inspections -and -tests ----- - - - B . CONTRACTORS General Responsibility : No failure of test agencies , whether engaged by the OWNER or CONTRACTOR , to perform adequate inspections of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR , OWNER , ENGINEER , and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work . The program is not intended to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . 1 . 3 QUALITY ASSURANCE A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre-qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . 1A PRODUCT DELIVERY- STORAGE - HANDLING Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses ( and resulting delays ) , thereby ensuring highest quality results as the performance of the work progresses . Control delivery schedules so as to minimize unnecessary long -term 01215- 1 01215 General Quality Control F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01215 General Quality . doc storage at the project site prior to installation . 1 . 5 PROJECT PHOTOGRAPHS/VIDEOS A . The CONTRACTOR shall make provisions , at his expense , for photographs and video tapes of all work areas just prior to construction , and for unusual conditions during construction . The photographs and videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . B . Pre - Construction Photographs and Video : 1 . Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction . These photographs and videos shall be a standard DVD format and shall be narrated . 2 . The photographs and video shall include , but not be limited to , the following items shown in a clear manner : 1 ) All existing features within the right-of-way . 2 ) All existing features within the temporary construction easement . -- - - - - �) All_ exi %ting-featu -res -witNn- per aaer�t 4 ) All existing features adjacent to any construction . 3 . Detail of the photographs and video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . 2 ) Condition of fencing . 3 ) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7 ) Conditions of lighting and associated wiring . 8 ) Significant detail of any pre- existing damages physical features shall be shown . The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers . 9 ) These photographs and video record shall be presented to the Owner within 30 days of the Notice to Proceed . A copy shall be kept in the Contractor' s field office . 10 ) Payment – No additional payment will be made for this work . + + END OF SECTION + + 01215-2 01215 General Quality Control F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01215 General Quality. doc SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . B . Place : CONTRACTOR ' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR B . SUBCONTRACTOR : —W-[ien needed or the discussion of a partic�ar agenic a item, CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER D . OWNER' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf . 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders . 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off- site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220 - 1 01220 Progress Meetings F Tublic Works\ENGIN EERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01220 - Progress Meetings . doc SECTION 01310 CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR ' s schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised ( updated ) -- - - - --progres-s-schedules--on-a--monthty basis the CONTRACTOR shal }: A . Indicate the progress of each activity to the date of submission . B . Show changes occurring since the previous submission listing : 1 . Major changes in scope . 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt . If required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for payment . 01310- 1 01310 Construction Schedule F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW \Admim\Contract Documents\01310 - Construction Schedule . doc 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions ( updated ) to . 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies ) . 5 . ENGINEER B . In the cover letter , instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . + + END OF SECTION + + 01310-2 01310 Construction Schedule F :\ Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW\Admim \Contract Documents\01310 - Construction Schedule . doc 01340 — Submittal of Shop Drawings 1 . 1 SCOPE A . Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Article 6 . 17 of the General Conditions , Section 00700 , and as described in this Section . 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor , supplier , or distributor , which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Article 6 . 17 , Section 00700 . B . Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings . 1 . 3 PRODUCT DATA - --- r0 ucl ata are-mann acturer's standard schematlC � raWln - s and manufacturer' s catalog sheets , brochures , diagrams , schedules , performance charts , illustrations , and other standard descriptive data . Product data are further defined in Article 6 . 17 , Section 00700 . B . Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project . C . Clearly mark catalog sheets , brochures , etc . , to identify pertinent materials , products , or models . 1 . 4 SAMPLES Samples are physical examples to illustrate materials , equipment , or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Article 6 . 17 , Section 00700 . 01340 - Submittal of Shop Drawings . doc 01340- 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings 1 . 5 CONTRACTOR ' S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . The CONTRACTOR ' s responsibilities for submittal of shop drawings , product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . B . Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work . Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means , methods , techniques , sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTOR ' s responsibility . 1 . It is CONTRACTOR' S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to - — eter ine —ta - each - submittal is In accordance- with its desires and - - that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents . 2 . Incomplete or inadequate submittals will be returned for revision without review . C . The CONTRACTOR' s responsibility for errors and omissions in submittals is not relieved by the ENGINEER ' s review of submittals . The CONTRACTOR shall approve the shop drawings based on his in -the-field measurements , prior to submittal to the ENGINEER for his review . D . Notify the ENGINEER , in writing at the time of submission , of deviations in submittals from the requirements of the Contract Documents . The CONTRACTOR' s responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER' s review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER' s stamp and initials or signature indicating the submittal has been reviewed . 01340 - Submittal of Shop Drawings . doc 01340-2 F: \Public Works\ENGINEERING DIVISION PROJECTS\1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER ' S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Engineering Division 1801 27th Street Vero Beach , FL 32960 B . A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER ' S Name 2 . Project Name 3 . Contract Number 4 , Transmittal Number _ - - - - - - - ec ion um er - - - D . All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings . doc 01340-3 F : \Public Works\ENGIN EER ING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO . Contractor : Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re - Submittal Project Name : 6th Avenue S . W . Culvert Replacement North of 23 `d Street S .W . Project No . 1136 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description : Sub - Contractor : Remarks : Reviewing Agency : (As checked below ) Date Received Date Returned No . Copies Ret ' d ❑ I R C Engineering Div . ❑ I R C Utilities Services Remarks . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRC Engineering Division Date Rec' d from Contractor Date Ret' d to Contractor 1801 27th Street No . Copies Ret' d Vero Beach , FI . 32960 Remarks : Distribution of Copies : IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings . doc 01340 -4 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW \Admim\Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A " for the first resubmittal , the suffix " B " for the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six ( 6 ) copies of all submittals that are on 11 - inch by 17 - inch or smaller sheets ( no less than 8 1 /2 - inch x 11 - inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 - inch by 17 - inch . H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations : 1 . Approved -ApproveasCorrected - - 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 . Not Approved I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected " . Three ( 3 ) prints or copies of the submittal will be returned to CONTRACTOR . J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order , ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . K . If a Shop Drawing marked "Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit . " L . If a submittal is unacceptable , three ( 3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . " Revise and Resubmit" 2 . " Not Approved " 01340 - Submittal of Shop Drawings . doc 01340-5 F : \Public Works\ ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01340 - Submittal of Shop Drawings doc 01340 — Submittal of Shop Drawings M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner . P . ENGINEER will review and process all submittals promptly , but a reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved Shop Drawings to CONTRACTOR . Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other items requiring approval , will be back- charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER' S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR . + + END OF SECTION + + 01340 - Submittal of Shop Drawings .doc 01340- 6 F . \Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW Culvert Replacement N of 23rd St SWWdmim\Contract Documents\01340 - Submittal of Shop Drawings doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . B . All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and efficiency of such work and for any damage that may result from their - failure or from their improper -constru-etion , mainterran-ce or-operation . C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses , etc . , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all temporary water lines . B . TEMPORARY SANITARY FACILITIES 01520 - 1 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW--Culvert Replacement N of 23rd St SW\Admim`,Contract Documents\01520 - Construction Facilities . doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather , spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + 01520 -2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SMAdmim\Contract Documents\01520 - Construction Facilities . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . B . In order to prevent damage , injury or loss , CONTRACTOR' S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly , safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather , theft , breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5: Provide barricades and - guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment , except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway , right- of-way , or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work . CONTRACTOR Is responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 01541 - 1 F : \ Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW \Admim \Contract Documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . B . Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run -off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality . I . Coordinate Work in this Section with requirements of other sections herein . 1 . 4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two ( 2 ) days . Irrigation systems partially within the right- of-way of 6th Avenue S . W . and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality . The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way . 01541 -2 F : \ Public Works \ ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW \Adrnim \Contract Documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer , water, gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water , sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR Is failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR Is operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility , contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/ restore utility service to the satisfaction of the appropriate utility . Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , the CONTRACTOR shall notify the owner or occupant , both before the interruption ( 24 - hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR 01541 - 3 FAPublic Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW \Admim \Contract Documents \01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY shall obtain permission from their owner , or shall make suitable arrangement for their disconnection by their owner . 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , restore it to original condition at CONTRACTOR ' s expense . 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the Work , which shall be paid for under the provisions of Article 11 of the General Conditions . B . Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any extension below the surface . Surface structures include , but are not limited to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs , markers , curbs , walks and all other facil - ities that are visible above the ground surface . C . Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury , all underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully , and as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work . CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work , to the satisfaction of the OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR ' S expense . 01541 -4 F : \ Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW \Admim \Contract Documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may e encountered , whether or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer . This information is not guaranteed , however , and it shall be this CONTRACTOR ' s responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . B . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + 01541 - 5 F : \ Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SWWdmim \Contract Documents \01541 - Protection of Property . doc SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 1 . 1 GENERAL A . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions . B . Prevent interference with traffic and the OWNER ' s operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR ' s operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner . 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner . He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . B . All trucks carrying earth shall be covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two ( 2 ) written warnings , after which the CONTRACTOR shall pay a fine of $ 50 per uncovered truck to the Owner when invoked by the Owner to Owner' s Engineer . All cleanup shall be the responsibility of the CONTRACTOR . C . All trucks/ moving equipment shall have backup warning horns in proper working order while on the job site . + END OF SECTION + + 01550 Access Roads 01550 - 1 F :\Public Works \ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW \Admim \Contract SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER ' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . 01610 - 1 F : \Public Works \ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW Culvert Replacement N of 23rd St SW\Admim \Contract Documents \01610 - Transportation and Handling of Materials and Equipment. doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly . G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment . + + END OF SECTION + + 01610 -2 F :\Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01610 - Transportation and Handling of Materials and Equipment . doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . - Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW \Admim\Contract Documents\01611 - Storage of Materials . doc SECTION 01630 SUBSTITUTIONS 1 . 1 GENERAL A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , " Substitutes and Or- Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents . 1 . 2 CONTRACTOR ' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer, fabricator , supplier or distributor ( hereinafter manufacturer ) . To the maximum extent possible , provide products of the same generic kind from a single source . B . For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating " or equivalent , " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR ' s option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 05 of General Conditions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer' s name and address . b . Manufacturer' s literature with product description , performance and test data , and reference standards . 01630 - 1 01630 Substitutions F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01630 - Substitutions . doc C , Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method specified . C . In making Request for Substitution , CONTRACTOR represents that : 1 . CONTRACTOR has investigated proposed substitution , and deter. mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer , or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if : 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents , 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product , manufacturer , or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents , G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 3 . If the substitution will not require a more extensive review , Engineer will proceed with the review without additional cost to CONTRACTOR . 01630 -2 01630 Substitutions F :\Public Works\ ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Docurnents\01630 - Substitutions . doc 4 . If the substitution requires a rnore extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR ' s expense additional data about the proposed substitute . H . Any redesign of structural members shall be performed by , and the plans signed and sealed by , a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR 9s expense . Any redesign will require an extensive review by the Engineer . The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner' s Engineer proceeding with the design review . The ENGINEER ' s hourly rate for review is $ 125 per hour . The ENGINEER ' s estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request . I . Engineer will be allowed a reasonable time within which to evaluate each proposed substitution . Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution . The CONTRACTOR shall not order , install , or utilize any substitution without either an executed Change Order or Engineer' s notation on the reviewed shop drawing . Owner may require CONTRACTOR to furnish at CONTRACTOR ' s expense a special manufacturer ' s performance guarantee ( s ) or other surety with respect to any substitute and an indemnification by the CONTRACTOR . ENGINEER will record time required by Engineer and Engineer' s consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby . Whether or not a proposed substitute is sued , CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer' s consultants for evaluating each proposed substitute . J . Substitute materials or equipment may be proposed for acceptance in accordance with this Section . In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment , than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment . + END OF SECTION + + 01630- 3 01630 Substitutions F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01630 - Substitutions . doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor , equipment , appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project , unless otherwise especially directed or permitted in writing . 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished , 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway , roadside , and landscaping work within any right- of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW Culvert Replacement N of 23rd St SW\Admim\Contract Documents\01710 - Site Cleanup . doc G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer' s directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and /or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710 - 2 F : \Public Works\ ENGINFERING DIVISION PROJECTS\ 1136-6th Ave SW__Culvert Replacement N of 23rd St SW \Admim\Contract Documents\01710 - Site Cleanup doc SECTION 01820 Post Final Inspection 101 GENERAL A . Approximately one year after Substantial Completion , the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection . B . Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13 , General Conditions . C . After the inspection , the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds . 001820 - Post Final Inspection . doc 001820 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW Culvert Replacement N of 23rd St SMAdmim\Contract Documents\001820 - Post Final Inspection . doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO , 00001 Technical Specifications SECTION NO , 00004 Scope of Work SECTION NO , 00101 Mobilization SECTION NO . 00102 Maintenance of Traffic SECTION NO , 00104 Erosion and Water Pollution Control SECTION NO , 00108 Record Drawings/As - Built Drawings SECTION NO , 00110 Clearing and Grubbing SECTION NO , 00120 Excavation and Embankment SECTION NO . 00285 Cemented Coquina Shell Base SECTION NO , 00334 Superpave Asphaltic Concrete SECTION NO , 00515 Pipe Handrail / Guiderail SECTION NO , 00520 Concrete Curb & Gutter SECTION NO . 00522 Concrete Sidewalk SECTION NO , 00570 Performance Turf SECTION NO , 00700 Signing and Pavement Markings F \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_Culvert Replacement N of 23rd St SW\Admim\Contract Do,wments\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10- 2-08 . doc SECTION — 1 - Technical Specifications STANDARD SPECIFICATIONS A . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2010 , and Supplemental Specification , Special Provisions and addenda thereto , except as modified and supplemented hereinafter . Reference to Article numbers herein - after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc , may refer to the " Owner" , " Department" , " State of Florida Department of Transportation " , or words relating to offices of State Government , such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word " Owner' s Engineer" , " District Engineer" , " Engineer" , " Project Engineer" , etc . , appears , it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department , Engineering Division acting directly or through duly authorized representatives . Wherever the word " Resident Engineer" appears , it shall be taken to mean an authorized representative of the Owner' s Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County , assigned to observe the progress quantity and quality of the work . The work to be performed per sheet Bid item 1643 -700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of Utility Services , Water , Wastewater , Utility Standards Dated September , 2011 . The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings , Signing & Geometrics Dated July , 2011 . SECTION - 4 - SCOPE OF WORK Section 4 - 3 . 9 Value Engineering Incentive is deleted in its entirety . SECTION - 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction 2010 Edition . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 101 - 1 - Mobilization - Lump Sum 01025- 1 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW \Admim\Contract Documents\Technical Specification s . doc SECTION no 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction 2010 Edition , except as modified herein . A . GENERAL PROVISIONS - DESCRIPTION : The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period , including any temporary suspensions of the work . It shall include the construction and maintenance of any necessary detour facilities ; the providing of necessary facilities for access to residences , businesses , etc . , along the project ; the furnishing , installing and maintaining of traffic control and safety devices during construction , the control of dust through the use of calcium chloride if necessary , and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans . The term , Maintenance of Traffic , as used herein , shall include all of such facilities , devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . B . BEGINNING DATE OF CONTRACTOR ' S RESPONSIBILITY : The Contractor shall present his Maintenance of Traffic Plan at the pre - construction conference . The Maintenance of Traffic Plan shall indicate the type and location of all signs , lights , barricades , striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen . The plan will indicate conditions and setups for each phase of the Contractor' s activities . When the project plans include or specify a specific Maintenance of Traffic Plan , alternate proposals will be considered when they are found to be equal to or better than the plan specified . In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer . Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing . Except in an emergency , no changes to the approved plan will be allowed until approval to change such plan has been received . The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic . The Contractor shall be responsible for performing daily inspections , including weekends and holidays , with some inspections at nighttime , of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection . The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary . 01025-2 Technical Specifications F : \Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specifications . doc C . TRAFFIC CONTROL - STANDARDS : The FDOT Design Standards For Design Construction , Maintenance and Utility Operations On The State Highway System , Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design , application , installation , maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits . The standards established in the aforementioned manual constitute the minimum requirements for normal conditions , and additional traffic control devices warning devices , barriers or other safety devices will be required where unusual , complex or particularly hazardous conditions exist . The above referenced standards were developed using F . H . W . A . , U . S . D . O . T . Manual on Uniform Traffic Control Devices ( MUTCD ) . D . TRAFFIC CONTROL DEVICES WARNING DEVICES AND BARRIERS - INSTALLATION : The responsibility for installation and maintenance of adequate traffic control devices , warning devices and barriers , for the protection of the travel in public and workmen , as well as to safeguard the work area in general shall rest with the Contractor . Consideration shall be given to recommendations of the Engineer . The required traffic control devices , warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re - routing of traffic . The Contractor shall immediately remove , turn or cover any devices or barriers which do not apply to existing conditions . All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged . Damaged devices diminishing legibility and recognition , during either night or day conditions , are not acceptable for use . E . NO WAIVER OF LIABILITY : The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article , and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 102 - 1 - Maintenance of Traffic - Lump Sum 01025- 3 Technical Specifications F :\Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW_ Culvert Replacement N of 23rd St SW \Admim\Contract Documents\Technical Specifications . doc SECTION — 104 - EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE PART 1 — GENERAL 1 . 1 SCOPE A . This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area , to undeveloped portions of the site or off- site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area . C . The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project' s construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted , If site specific _ conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion orto control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary , in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector' s Manual , and other references as may be required by regulatory permits . ( httpm //www . dep . state . fl . us . /water/ nonpoint/docs/erosion /erosion - inspectors - manual . pdf) D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section . Alternatively , the OWNER may halt the CONTRACTOR ' s operations until the CONTRACTOR is in full compliance with this Section . If the OWNER halts the CONTRACTOR ' s work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with Chapter 4 - " Best Management Practices for Erosion and Sedimentation Control " and Chapter 5 — " Best Management Practices for Dewatering " of the Florida Erosion and Sediment Control Inspector' s Manual . In the event of a conflict between the referenced Chapters and these Specifications , the more stringent requirement shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A . The OWNER has obtained certain permits for this project and they are listed in paragraph SC - 6 . 08 of the Supplementary Conditions . Per paragraph SC - 6 . 08 . 0 of the Supplementary Conditions , the CONTRACTOR shall apply for , obtain , and pay for all other required permits , licenses , sampling , and tests . Permits the 01025 -4 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specification s . doc CONTRACTOR may need to secure may include but not be limited to : 1 . Long -term and /or short-term dewatering permit as required by the St . Johns River Water Management District ( SJRWMD ) . Generally , only the short-term permit is required . Contact SJRWMD at ( 321 ) 9844940 to determine which permit is required and the associated statutory requirements ; 2 . SJRWMD RDS - 50 Permit ( required ) ; 3 . The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities ( required ) . Contact the Florida Department of Environmental Protection ( FDEP ) at ( 866 ) 336 - 6312 (toll free ) or ( 850 ) 245 - 7522 or www . dep . state . fl . us/water/stormwater/ npdes/ 4 . FDEP ' s Uncontaminated Groundwater Release Permit ( required if dewatering occurs ) . This permit requires water quality testing by a State certified laboratory . B . Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER . If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall govern . C . In addition to paying for all permit fees , CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit . 1 . 3 GENERAL A . Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities . B . From time to time , the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER . If at any time , the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not in compliance , and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications . C . Schedule construction to minimize erosion and stormwater runoff from the construction site . Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . In addition to other temporary erosion control measures that may be implemented , application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased , unless final landscaping has been installed . Polyacrylamide application shall be as specified herein . 01025-5 Technical Specifications F : \Public Works\ ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW Culvert Replacement N of 23rd St SW\Admim \Contract Documents\Technical Specifications . doc D . Inspect each pollution control system at least once per day and after each rainfall event . Clean and maintain each pollution control system as required by its manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property , nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable owner , regulatory agency , and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 . 4 SUBMITTALS A . Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340 . B . Stormwater Pollution Prevention Plan . 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION AND MAINTENANCE A . State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance : Installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices . After installation , this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER ' s sole opinion , the devices are no longer necessary ( such time not to extend past the date the OWNER formally accepts the project as complete ) . Before beginning construction , submit to Indian River County for review and approval , a Stormwater Pollution Prevention Plan ( SWPPP ) , prepared by the certified erosion control subcontractor . Construction shall not begin until the SWPPP has been approved by Indian River County . Submit the approved SWPPP to the ENGINEER before beginning construction . Include in the SWPPP , the " Contractor' s Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site ( located at the end of this Section ) . 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A . With respect to this Section and as may be further defined in paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D , " pollution " is the presence in off- site waters of any substances , contaminants , or manmade or human - induced impairment of off- site waters or alteration of the chemical , physical , biological , or radiological integrity of off- site 01025-6 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim \Contract Document s\Technical Specifications . doc water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property . Pollutants to be removed include but are not limited to , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck washout , stucco mixer washout , curb machine washout , washout from other construction equipment , construction chemicals , and construction debris . B . When the Discharge is Directly Into an Existing Water Body Pollution Occurs When An existing water body ( including ditches and canals ) is defined to be polluted by the CONTRACTOR Is operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR ' s discharge point ( s ) is at least 29 nephelometric turbidity units ( NTUs ) higher than the turbidity of the background water upstream of the discharge point ( s ) . [See Fla . Administrative Code 62 - 302 . 530] Exception : When the discharge is directly into or through an outfall discharging into " Outstanding Florida Waters , " designated by Florida Statute 403 . 061 ( 27 ) , the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water . The ENGINEER or OWNER shall determine the locations where the turbidity is measured . C . When the Discharge is not Directly Into an Existing Water Body Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly , such as after traveling through pipes or by overland flow . Before construction commences , the Contractor will measure background levels of total suspended solids (TSS ) and turbidity , in the immediate vicinity of the discharge water' s ultimate discharge point into the receiving water body . If the discharge water' s TSS and turbidity measurements exceed these pre - construction background values by 20 percent for TSS and 29 NTUs for turbidity , then the discharge from the CONTRACTOR ' s operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6 . 5 or greater than 8 . 5 , or whenever any of the following is present in the discharge water: ( 1 ) Hazardous waste or hazardous materials in any quantity , ( 2 ) Any petroleum product or by- product in any quantity , ( 3 ) Any chemical in any quantity , or (4 ) Concentrated pollutants . E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the types of conditions in which pollution may be determined to occur . 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A . In addition to the OWNER ' s specific remedies , if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site , the OWNER will immediately report the violations to the Indian River County Code Enforcement Board , SJRWMD , FDEP , Indian River Farms Water Control District ( or other F . S . Chapter 298 Drainage District , as appropriate ) , and other pertinent regulatory or 01025-7 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW . Culvert Replacement N of 23rd St SW \Admim\Contract Documents\Technical Specifications . doc enforcement agencies . PART 2 - MATERIALS AND INSTALLATION 2 . 1 GENERAL A . Polyacrylamide : As required in Paragraph 1 . 3 . C , place polyacrylamide ( PAM ) on bare ground to reduce the potential for erosion . PAM may also be used in water bodies to remove turbidity . Use the anionic form of polyacrylamide that does not stick to fish gills . For PAM information and its proper application , contact Applied Polymer Systems , Inc . , ( 678 ) 494 - 5998 , www . siltstop . com . Be Staked Silt Fences : 1 . General : Use silt fences to control runoff from the construction site where the soil has been disturbed . 2 . Installation : Install per the manufacture ' s recommendations and as specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric . All supporting posts shall be on the down - slope side of the fencing . Place the bottom of the fabric 6 - inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Place silt fences away from the toe of slopes . Otherwise , install in accordance with FDOT Index No . 102 . 3 , Product : All material shall be new and unused . Use FDOT Types II through IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal ) or steeper , or as directed by the ENGINEER ; otherwise use FDOT Type III silt fence . ( a ) For FDOT Type III Silt Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence . U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre -attached to 48 - inch long stakes on 6 -foot centers . ( 1 - 800 -448 - 3636 ) . ( b ) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No . 102 . ( c ) Or equivalent . C . Turbidity Barriers : 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc . 2 . Installation : Install per the manufacturer' s recommendations and per FDOT Index No . 103 unless directed otherwise by the ENGINEER . 3 , Product : All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow . a . Parker Systems , Inc . ( 1 - 866 -472 - 7537 ) , model Type II or Type I b . Or equivalent . D . Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags : 1 . Remove silt , sediment , and other particles from dewatering or pumping applications using a filter bag . The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double - needle machine , 01025 -8 Technical Specifications F :\Public Works\ ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW —Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specification s . doc using a high strength nylon thread . The bag shall have a fill spout large enough to accommodate a 4 - inch pump discharge hose . Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many filter bags as required , at no additional cost to the OWNER . Legally dispose of the bags offsite , at no cost to the OWNER . If the bags are placed on aggregate to facilitate filtration efficiency , do not use limerock aggregate . 3 . Product : The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , Inc . ( 1 - 800 -448 - 3636 ) . b . " DANDY DEWATERING BAG " supplied by Dandy Products , Inc . ( 1 - 800 - 591 - 2284 ) . c . Or equivalent . E . Curb Inlet Protection . 1 . Filter stormwater before it enters curb inlets . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 , Product : All materials shall be new and unused . The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening . a . " GUTTERBUDDY , " supplied by ACF Environmental , Inc . ( 1 - 800-448 - 3636 ) . b . Or equivalent . F . Catch Basin Protection . 1 . Filter stormwater before it enters catch basins ( drop inlets ) . The filter " sack " shall be manufactured from woven polypropylene geotextile and sewn by a double - needle machine , using a high strength nylon thread . The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features : two dump straps attached at the bottom to facilitate emptying ; lifting loops as an integral part of the system to be used to lift the sack from the basin ; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls . The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . a . " SILTSACK" ( regular flow ) , supplied by ACF Environmental , Inc . ( 1 - 800 -448 - 3636 ) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc . ( 1 - 800 - 579 - 8819 ) . c . Or equivalent . G . Construction Site Egress Driveways : Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels . Construct a crushed rock 01025-9 Technical Specifications F : \ Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specification s . doc driving surface at the vehicle exit point ( s ) . Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area . Provide wash - down stations as required to wash vehicle tires and retain all washwater on - site . Do not use limerock . H . Rock and Stone for Erosion Control and Pollution Control and Treatment : 1 . Crushed Limerock : Crushed limerock shall not be used under any circumstance . 2 . Acceptable Material : FDOT #4 non - calcareous aggregate ( usually granite ) , washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction , Section 901 . I . Hay Bales : Hay bales shall not be used . PART 3 - EXECUTION A . Design , construct , and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities . B . Apply polyacrylamide only as directed by the polyacrylamide manufacturer/supplier. Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 104 - 1 — Erosion & Water Pollution Control - Lump Sum [The remainder of this page was left blank intentionally] 01025- 10 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specifications . doc CONTRACTOR ' s AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE ( TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN ) This sworn statement is submitted for Indian River County Project No . 1136 for 6th Avenue SW Culvert Replacement North of 23rd Street SW . STATE OF COUNTY OF Personally before me the undersigned authority , appeared administered , stated as follows : who upon oath duly 1 . This sworn statement is submitted by the CONTRACTOR , whose business address is applicable ) its Federal Identification No . ( FEIN ) is and ( if If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement . 2 . My name is and my relationship to the entity named above is 3 . 1 understand and agree that in addition to the Stormwater Management System Permit issued by Indian River County , CONTRACTOR is responsible for complying with the terms and conditions of the following as applicable to the site : a . State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger) , b . Stormwater Pollution Prevention Plan ( regardless of project size ) , c . St . Johns River Water Management District permit ( s ) ( regardless of project size ) , d . Florida Department of Environmental Protection permit ( s ) ( regardless of project size ) , e . All other permits required for this project not specifically listed herein , and f. All Codes and Ordinances of Indian River County . 4 . 1 understand that " pollution " as defined by Florida Statutes Chapter 403 . 031 ( 7 ) means : " . . . the presence in the outdoor atmosphere or waters of the state of any substances , contaminants , noise , or manmade or human - induced impairment of air or waters or alteration of the chemical , physical , biological , or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property or which unreasonably interfere with the enjoyment of life or property , including outdoor recreation unless authorized by applicable law . " 5 . 1 understand that in addition to the definition set forth in Item 5 above , " pollution " is also defined by paragraph 1 . 6 of Section 02225 of the Technical Specifications for this Project . 01025- 11 Technical Specifica*ions F : \Public Works\ ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW--Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specifications . doc 6 . 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes Ch . 403 . 141 and Ch . 403 . 161 and that there are other penalties listed in these Technical Specifications . I understand that CONTRACTOR may be liable for these and other penalties if pollution occurs as a result of CONTRACTOR ' s activities associated with the Project . Under penalty of perjury , I declare that I have read the foregoing affidavit and the facts stated I n it are true . FURTHER AFFIANT SAYETH NAUGHT Signature . Date : Printed Name . The foregoing instrument was subscribed and sworn to before me this day of 2012 by _ I , who is personally known to me and who did take oath . Notary Public State of Florida at Large My Commission expires : _ + + END OF SECTION + + 01025- 12 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW—Culvert Replacement N of 23rd St SW1AdmWContract Documents\Technical Specifications . doc SECTION - 108 — RECORD DRAWINGS /AS - BUILT DRAWINGS GENERAL A . Maintain and provide the ENGINEER with record documents as specified below , except where otherwise specified or modified in Divisions the Supplementary Conditions . B . Maintenance of Documents : 1 . Maintain in CONTRACTOR ' s field office in clean , dry , legible condition complete sets of the following : Drawings , Specifications , Addenda , approved Shop Drawings , samples , photographs , Change Orders , other modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR ' S Work . 2 . Provide files and racks for proper storage and easy access . 3 . Make documents available at all times for inspection by ENGINEER and OWNER . 4 . Do not use record documents for any other purpose and do not remove them from the field office . C . Recording : 1 . Label each document " PROJECT RECORD " in 2 - inch high printed letters . 2 . Keep record documents current . 3 . Do not permanently conceal any Work until required information has been recorded . RECORD AS - BUILT DRAWINGS A . During the entire construction operation , the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare there from " record " drawings showing correctly and accurately all changes and deviations from the work , made during construction to reflect the work as it was actually constructed . B . Record /As - Built survey shall be performed and subsequent plans prepared by a registered Professional Surveyor and Mapper in the state of Florida and certified per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards forthat type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida accordingly . The following items are required to be shown on County project Record /As - Built drawings submitted to ENGINEER : As per Chapter 472 , Florida Statutes and Chapter 61G17 - 6 . 007 Florida Administrative Code As - Built — Record — Specific Purpose Surveys : 01025- 13 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW_ Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specifications . doc A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record /As - Built survey as it relates to the regulations and standards established for said surveys . AND Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . 1 . Right- of-way Swale/ Drainage — All culvert inverts , elevations and station offsets ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows along top of bank . Size of swale . 2 . Pipe CulverUPVC Sleeves — All inverts , stations and offsets . 3 . Outfalls — All pipe inverts , elevations and station offsets , weir box elevations , weir elevation , and sizes . 4 . Roadway/Off Site Drainage — All inverts , elevations and station offsets ; manhole top elevation ; grate top elevations . 5 . Retention Ponds — Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . 6 . Roadway : - a . Stations and offset related to controlling baseline and elevations of all structures , side street and major driveway radius returns ( edge of pavement ) , bends and /or change in direction of roadway alignment , OR minimum at 1000 ' intervals along roadway alignment . b . Elevations along Profile Grade Line ( PGL ) , of all edge of pavements either side of Profile Grade Line ( PGL ) , at medians at the high / low and PVI points along Profile Grade Line ( PGL ) . c . All final Elevations to be plotted on PGL AND Plan - Profile sheets as applicable . d . Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets . SURVEY CONTROL 1 . Install / re - establish : It shall be the contractor' s responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472 , Florida Statutes , to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction . 2 . New roadway alignment control points ( Survey Baseline or controlling line and all points as indicated on the plans or control sheet ) upon final roadway completion . Include all intersections and side streets . State Plane Coordinates and elevations for all control points . 3 . Either if shown on plans or not : Any Public Land Corner or Governmental Survey Control point ( s ) , vertical control ( bench marks ) , property corners 01025- 14 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW \Admim\Contract Documents\Technical Specification s . doc destroyed and /or disturbed during the scope of the project shall be properly re - established as per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency ( s ) shall be notified in writing of disturbance and re - establishments . RECORD/AS - BUILTS DRAWINGS FORMAT - SUBMITTALL A . ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As - Built information . B . CONTRACTOR shall deliver seven ( 7 ) certified sets of Record /As- Builts with Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER . Co CONTRACTOR ' s surveyor shall review , sign and seal As- Builts or Record drawing ( s ) . Said drawing ( s ) shall clearly state , type of survey , positional tolerances , adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida , any standards set forth by Florida Statutes , Administrative code and Minimum Technical Standards for As - Built/ Record surveys . D . All Record /As - Built drawings are subject to review and approval by County Surveyor . ACCURACY The CONTRACTORwill be held responsible forthe accuracyand completeness of Record Drawings and Electronic As - Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR . COMPLETION OF WORK Upon Substantial Completion of the Work , deliver Record Drawings/As- Built Drawings to ENGINEER . Final payment will not be made until satisfactory record documents are received and approved by ENGINEER . Item of Payment Payment for the work specified in this item shall be made under : Bid Item 108 - 1 — Record Drawings/As - Built Drawings - Lump Sum Bid Item 1084 — N . P . D . E . S . Permitting — Lump Sum 01025- 15 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specification s . doc Board of Professional Surveyors and Mappers As - Built Record Survey Checklist Lic . Name Date : Chapter 61 G17 -6 Minimum Technical Standards F . A . C . 61G17 - 6 . 003 General Survey, Map , and Report Content Requirements ❑ ( 1 ) REGULATORY OBJECTIVE : The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective , surveyors and mappers must achieve the following minimum standards of accuracy, completeness , and quality : ❑ ( a ) Accuracy of survey measurements based on the type of survey and expected use . ❑ ( b ) Measurements made in accordance with the United States standard , feet or meters . ❑ ( c) Records of measurements maintained for each survey ( check field notes . ) ❑ ( d ) Measurement and computation records dated . ❑ ( e ) Measurement and computation records substantiate the survey map . ❑ (f) Measurement and computation records support accuracy statement ( closure calculations or redundant measurements , if applicable . ) ( 2) Other More Stringent Requirements : ❑ ( a ) Met more stringent requirements set by federal , state , or local governmental agencies . ( 3) Other Standards and /or Requirements that Apply to All Surveys , Maps , and/or Survey Products : ❑ ( a ) REGULATORY OBJECTIVE : In order to avoid misuse of a survey and map , the surveyor and mapper must adequately communicate the survey results to the public through a map , report , or report with an attached map . ( b ) Survey map or report identified the responsible surveyor and mapper and contain standard content . In meeting this objective , surveyors and mappers must meet the following minimum standards of accuracy , completeness , and quality : ❑ ( c) Type survey stated on map and report : As - Built Survey Mean High Water Line Survey Boundary Survey Quantity Survey Condominium Survey Record Survey Construction Layout Survey Specific or Special Purpose Survey Control Survey Topographic Survey Hydrographic Survey ❑ ( d ) Name , certificate of authorization number , and street and mailing address of the business entity on the map and report . ❑ ( e ) Name and license number of the surveyor and mapper in responsible charge . ❑ (f) Name , license number , and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. ❑ ( g ) Survey date ( date of data acquisition . ) ❑ ( h ) Revision date for any graphic revisions (when survey date does not change . ) ❑ ( i ) Map and report statement " Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper . " 01025- 16 Technical Specifications F : \ Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW--Culvert Replacement N of 23rd St SW \Admim \Contract Documents\Technical Specifications . doc ❑ Q ) Insurance statement in 1/4 " high letters " The survey depicted here is not covered by professional liability insurance " if there is no professional liability insurance . ❑ ( k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties . ❑ ( 1 ) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise . ❑ ( m ) Bearings , distances , coordinates , and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise . ❑ ( n ) Bearing reference ( well established and monumented line ) ❑ ( o ) A designated " north arrow " ❑ ( p) Stated scale or graphic scale ❑ ( q ) Abbreviations in legend or notes . ❑ ( r) Special conditions and any necessary deviation from the standards noted upon the map or report . ❑ ( s ) Responsibility for all mapped features stated on the map or report ❑ ( t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others . ( u ) Map Accuracy. ( 1 ) Vertical Feature Accuracy : ❑ ( a ) Vertical Control : Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark . ❑ ( b ) Closure in feet must be accurate to a standard of plus or minus . 05 ft , times the square root of the distance in miles . ❑ ( c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark ( s ) upon which the survey is based . ❑ ( d ) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum . (2 ) Horizontal Feature Accuracy : ❑ ( a ) Horizontal Control : All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based . ❑ ( b ) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum . ❑ ( c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures . All control measurements shall achieve the following closures : Commercial/ High Risk Linear : 1 foot in 10 , 000 feet ; Suburban : Linear : 1 foot in 7 , 500 feet ; Rural : Linear : 1 foot in 5 , 000 feet ; ❑ ( d ) When statistical procedures are used to calculate survey accuracies , the maximum acceptable positional tolerance , based on the 95 % confidence level , should meet the same equivalent relative distance standards as set forth in 61G17 - 6 . 003 ( 3 ) ( p ) (2 . ) ( c) F . A. C . ❑ ( e ) Intended Display Scale : All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of : "This map is intended to be displayed at a scale of 1 /_ or smaller" . 01025- 17 Technical Specifications F : 1Public Works\ ENGINEERING DIVISION PROJECTS\ 1 1 36-6th Ave SW—Culvert Replacement N of 23rd St SW \Admim\Contract Documents\Technical Specification s . doc 61 G17 - 6 . 004 Specific Survey , Map , and Report Requirements ( 1 ) As - Built/ Record Survey : ❑ ( a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . ❑ ( b) Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . ❑ ( c) All maps prepared shall meet applicable minimum technical standards . ❑ ( d ) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations . + + END OF SECTION + + 01025- 18 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW —Culvert Replacement N of 23rd St SW \Admirn \Contract Documents\Technical Specifications . doc SECTION - 110 = CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . 2010 with the following modifications : A . Prior to any clearing and grubbing , the contractor will stake the right- of-way . Unimproved areas shall be cleared of trees , logs , stumps , brush , vegetation , rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade . No stumps , roots , or perishable matter of any description shall remain under concrete slabs or footing , including pavement and sidewalks . B . No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved , after a review of the project site with the Contractor' s representative . C . Where the final pavement or structural work will be close to existing trees , the Contractor shall exercise care in the vicinity of the trees . Further , the Contractor shall saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer or where shown on the drawings , work shall be done by hand in order to protect the trees . D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull hair or major root structures . All severed roots shall be sawn clean and paint with pruning paint . Stumps , roots , etc . , shall be completely removed and disposed of by the Contractor . Undesirable , dead , and /or damaged trees ( as so designated by the Engineer ) shall be removed . E . All trees to be removed shall be disposed off site ; burning will be strictly prohibited . F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor . Where the removal of valuable trees or shrubs specifically for transplanting is required , this work shall be done in cooperation with the Owner and at no additional expense to the Owner . G . All items to be removed shall be excavated to their full depth . All culverts removed from residential driveway entrances within the right- of-way shall become the property of the respective homeowner . Those homeowners not desiring the culverts may donate them to the County free of charge . ( See Paragraph C , Special Provisions ) 01025- 19 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136 -6th Ave SW —Culvert Replacement N of 23rd St SW \Admirri\Contract Documents\Technical Specification s . doc The Contractor shall transport the culverts to the County ' s storage yard . All metal castings for catch basins , manholes , or other structures shall be carefully removed and stored in the County' s Storage Yard if they are deemed salvageable by the Engineer . The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner . Any culverts , structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor. Where required , suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground . The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications . H . No additional payment will be made , nor will additional work , or change orders be authorized for work needed to remove , relocate , protect , or otherwise account for in the construction of the work depicted in the plans , for any feature , or item that would be apparent from a careful inspection of the site and review of the plans , even though such feature or item is not specifically called out in the plans . It is therefore essential the contractor make such inspection and review . 1 . The unit price bid for this item shall include the cost of all labor , tools , and equipment necessary to excavate , remove , and dispose of those items as directed by the Engineer and where designated on the Drawings . The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item . Item of Payment Payment for the work specified in this item shall be made under : Bid Item 110 - 1 - 1 - Clearing and Grubbing - Lump Sum SECTION — 120 - EXCAVATION AND EMBANKMENT A . Earthwork , including earthwork for drives outside the right- of-way limits , shall be paid for as embankment . Cost shall include all work specified in this section and Section 120 of the Standard Specifications . Such price and payment shall specifically include all cost of any roadway , lateral ditch or canal , and final dressing operations . B . Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , isolated swale bottom locations , isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation . Approximately 2 . 0 ft of subsoil excavation is required in sublateral canals . Cost of replacement 01025-20 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW—Culvert Replacement N of 23rd St SW\AdmimlContract Documents\Technical Specification s . doc embankment shall be included in cost of subsoil excavation . Contractor to coordinate with county representative prior to any subsoil excavation . D . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120 - 7 . 2 : Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner . Backfill material containing more than 2 . 0 % by weight of organic material , as determined by FM 1 -T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material , shall not be used in construction of the reinforced volume . If an individual test value of the three samples exceeds 3 . 0 % , the stratum or stockpile will not be suitable for construction of the reinforced volume . No A- 8 material permitted in embankment . E . Payment shall be included in the price of the Box Culvert installation . SECTION — 285 - CEMENTED COQUINA SHELL BASE A . Sub Article 2854 is modified by the addition of the following : Base material , thickness and requirements are described in the construction plans . Only one type of alternate base material shall be used . No additional payment will be made for base thickness in excess of the specified thickness 3 . B . Payment shall be made under : Bid Item No . 285 - 714 — Cemented Coquina Shell Base ( 16 " ) Three Lifts - Per Square Yard SECTION — 334 - SUPERPAVE ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 334 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction 2010 . Sub article 334 - 8 . 1 through 334 - 8 . 3 — Basis of Payment shall be deleted in its entirety . Sub article 334 - 8 . 4 — Payment shall be amended as follows : 01025-21 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW_ Culvert Replacement N of 23rd St SW1Admim\Contract Documents\Technical Specification s . doc Bid Item No . 334 - 1 - 12A — Superpave Asphaltic Concrete — 1 '/4 " SP 9 . 5 -- Per Square Yard . Bid Item No . 334 - 1 - 121 — Superpave Asphaltic Concrete — 1 '/z " SP 12 . 5 — Per Square Yard . SECTION - 515 - PIPE HANDRAIL / GUIDERAIL The work specified in this section shall conform to Section 515 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction 2010 Edition . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 515 - 1 - 2 — Pipe Hand rail /Guiderail (Aluminum ) — Per Linear Foot SECTION - 520 - CONCRETE CURB AND GUTTER The work specified in this item shall conform to Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction 2010 Edition . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 520 - 1 - 8 — Concrete Curb and Gutter ( Drop Curb ) — Per Linear foot SECTION - 522 — CONCRETE SIDEWALK The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction 2010 Edition . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 522 - 2 — Concrete Sidewalk ( 6 " Thick ) — Per Square Yard 01025-22 Technical Specifications F :\Public Works\ ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW--Culvert Replacement N of 23rd St SW \Admim\Contract Documents\Technical Specifications . doc SECTION — 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . A . Description : Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer . This work shall also include mowing in accordance with Section 104 - 7 . 2 , to be mowed at 6 " height with a mulching mower . B . Work Included : Scope of Work : The work specified in this section consists of the establishing of a stand of grass , within the project , right- of-way , easements , and other areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required to assure a healthy stand of grass . Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed " . C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square ) indication of probable non survival or lack of health and vigor , or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer . All replacement sod shall be furnished / installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer : Commercial fertilizers shall comply with the state fertilizer laws . The numerical designations for fertilizer indicate the minimum percentages ( respectively ) of ( 1 ) total nitrogen , ( 2 ) available phosphoric acid and ( 3 ) water- soluble potash contained in the fertilizer . The chemical designation of the fertilizer shall be 16 -4 - 8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur . The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container . Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570 - 5 and 2 . 34 . 13 . F . Preparation of Ground : The area over which the sod is to be placed shall be 01025 -23 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW --Culvert Replacement N of 23rd St SW\Admim \Contract Documents\Technical Specifications . doc scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner , at his discretion , may authorize the elimination of ground preparation . G . Application of Fertilizer : Before applying fertilizer, the soil pH shall be brought to a range of 6 . 0 - 7 . 0 . Contractor shall apply two ( 2 ) applications . The initial shall be fertilizer and the second application shall be " weed and feed " . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre , or 10 pounds per 1 , 000 square feet , by a spreading device capable of uniformly distributing the material at the specified rate . Contractor shall apply applications as per manufacturer's specification . All tickets from bags shall be handed over to the County Inspector . On steep slopes , where the use of a machine for spreading or mixing is not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches . H . Placing Sod : The sod shall be placed on the prepared surface , with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . _ Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow . Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits , the outer pieces of sod shall be tamped so as to produce a featheredge effect . Where sodding is placed abutting paved shoulder , the contractor is to ensure that the finished sod elevation is 1 '/2" below paved shoulder . On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . Sodding shall not be performed when weather and soil conditions are , in the Engineer' s opinion , unsuitable for proper results . Sod shall be placed around all structures , equipment pads , etc . I . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer, for optimum results . After being placed , the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter , the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days ( or until final acceptance , whichever is latest ) . J . Maintenance : The Contractor shall , at his expense , maintain the sodded areas in a satisfactory condition until final acceptance of the project . Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily . Replanting or repair necessary due to the Contractor' s negligence , carelessness or 01025- 24 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1136-6th Ave SW--Culvert Replacement N of 23rd St SW\Admim\Contract Documents\Technical Specifications . doc failure to provide routine maintenance shall be at the Contractor' s expense .. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer . Grass height shall not exceed 6 " without mowing . Clippings shall be removed from sidewalk . K . Article 570 - 9 . The first two paragraphs under this Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod , fertilizer (2 applications ) , sidewalk sweeping after mowing , mowing , pegging disposal of clippings , water , tools , equipment , labor and all other incidentals necessary . Item of Payment Payment shall be made under . Bid Item No . 570 - 1 - 2 — Performance Turf ( Sod ) ( Bahia ) - Per Square Yard SECTION — 700 - SIGNING AND PAVEMENT MARKINGS A . Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications 2010 , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer' s specifications . B . Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner' s Engineer or Resident Construction Inspector , the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4 " x 4 " . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 711 - 1 1 - 221 — Paint , Standard , Yellow , Skip ( 6 " ) ( 10 ' - 30 ' ) — Per Linear Foot + + END OF SECTION + + 01025-25 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1 1 36 -6th Ave SW_Culvert Replacement N of 23rd St SW\Admim \Contract Documents\Technical Specifications .doc APPENDIX ` A ' PERMITS Appendix A -Permits F :APublic Works\ENGINEERING DIVISION PRO.IECTS\ 1 136-6th Ave SW Culvert Replacement N of 23rd St SW\Admim\Contract Docurnents' APPENDIX A - Permils . doc INDIAN RIVER FARM_ S WATER CONTROL DISTRICT 7305 4th Sireet Vero Beach, Florida 32968 (772) S02-2141 APPLICATION FOR CONNECTION TO OR USE OF DISTRICT FACILITIES Date : __ o s 3 { No. A . Applicant Information : Name : kr4 g�iva C4 Address : 10, 50 ffllf� 11 all � Ir 2 � (� Authorized Agent and Title: Telephone Number: (�T-z ) X 20 B . Proposed Connection or Use : (check appropriate box or boxes) NON-REFUNDABLE ❑ Culvert connection to District canal for irrigation or drainage $ 100. 00 El Pump connection to District canal for irrigation or drainage $300.00 ❑ Culvert and/or control structure in District canal for crossing and/or water storage $200 . 00 Other (specify) C . Location : TractSectionTowdship , Range I Canal No. 1'u Other appropriate description : ADD 81 ivt C, D.;r Property I. D . Parcel No. : _ Attach drawing to show details (include acreage to be served) . D . Details of proposed Construction : (Give diameter and length of culvert ; diameter and rated capacity of pump ; height and width of riser or other details on water control structure. ) Rpl � � ra5 — 5u Cts° wl R � (' — E. Special Conditions: (for District use only) 2 i LJtaz tj� r , rr . 7Z " ID» C _ O2 1 ..kyP(ZA1- LlCL I.:QV7Vh �v! IA15i_, L1. l�Aj0 1 /ZF ' ?--y ;r0 / 3 J E A Sr 1 N V Z=n�T = 1 "L , 9 � /Ll ri V 0 - 4) E Estimated Date of Construction Commencement : 5 _ Estimated Date of Construction Completion : G. As the Applicant for permit, I do understand and agree that: 1 The use of, or construction within , the right-of-- way of the Indian River Farms Water Control District will be in accordance with the details of the approved sketch and/or permit conditions shown hereon, supporting this application; and if any changes are required, same will be cleared with the District. (Continued on Reverse hereof) p Signed: 4. ;4 'J Date e 1 Applic - - - - - - - - - - - - (For District Use Only) — Application approved by : for t r r Farms Water Control District Application approved by : i for C r Associates, Inc. , Engineer for District Date of approval : Expiration Date of this approved application : PERINIISSION , WHEN GRANTED , WILL BE SUBJECT TO THE STANDARD PROVISOS. SET FORTH ON THE REVERSE HEREOF. INDIAN RIVER FARMS WATER CONTROL DISTRICT 7305 4 "' Street Vero Beach, Florida ' 2968 561 - 562-2141 1S -131JILT CERTIFICATION OF CULVERT/STRUCTURE INSTALLATION ONE DIRECTION ONLY REQUIRED —�- —Y— f A ) _TOP OF BANK IC1 I �u ICJ CANAL SECTION CENTERLINE OF CULVERT/STRUCTURE TOp OF BANK I -= CULVERT/STRUCTURE ISI `--- ADJACENT/PARALLEL STREET OR ROAD TYPICAL PLAN VIEW Owner/Permittee Information : Name : n/� Re : Permit No . : �_ n n Y t ,�R � � Date of Address : Installation : Location : Tractc6 , Section ( Township 33 Range 3q , Canal No. Property I . D . Parcel No : Q160 [Sf- qUcn ILII in!c Beck an ro riate s aces below : (A) Distance from centerline of culvert/structure (one direction only required) to : 1 . Nearest tract or land corner ( identify):_ _ - 2 . Or,_Centerline_ofnearest public road -(identify) : � . Or, record plat corner (identify) :_ ---- (B ) Narne/number of adjacent street/road : (C) Invert of culvert/structure : East invert_ West invert (Based on 1929 N . G . V.D. ) (or) North invert South invert (D) Diameter/size of culvert/structure: (E) Length of culvert/strucblre : (F) Type of culvert/structure : R . C .P ._ , C.M. P. C .A. P . Other '--- (G ) Type of headwall : Concrete (Describe) Rip Rap C. B . S . Metal , Other No Headwall (Describe) (H) Configuration of headwall : Straight_ Wingwall Mitered Beveled Other (Describe) (1 ) If necessary, draw sketch (or further describe) any unusual detail or circumstances of this culverdstructure installation on back of this sheet. LIIJFICATION ' I hereby certify that I am a Professional Surveyor and Mapper, registered to t're State of Florida and that the As-built information shown hereon was performed under my direct supervision and is true and correct, dated this (year) . —day of ( Si ^ nod ) : (Printed ): ( Seal )