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HomeMy WebLinkAbout2014-028C,r2oikfft o0-8C ttiabv41 krt.. A . CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY PUBLIC SHOOTING 'RANGE SKEET AND TRAP FACILITY IMPROVEMENTS (PHASE I) BID NO. 2014026 PROJECT NO. 1213 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETER D O'BRYAN, CHAIRMAN WESLEY S DAVIS, VICE CHAIRMAN COMMISSIONER JOSEPH E FLESCHER COMMISSIONER BOB SOLARI COMMISSIONER TIM ZORC JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY R SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY CHRISTOPHER R. MORA P E , PUBLIC WORKS DIRECTOR CHRISTOPHER J. KAFER, JR., P.E , COUNTY ENGINEER APPROVED AS TO F M AML)maA1$uF,Cj_ + WILLAA K. DEBRAAL DEPUTY COUNTY ATTORNEY 00001 - 1 00001 - Project Title Page - REV 04-07.doc F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdgtAdmim\bid documents\Contract Documents\00001 - Project Title Page - REV 04-07.doc S ection No. Title TABLE OF CONTENTS D IVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 00010 Cover Sheet Table of Contents B IDDING DOCUMENTS 00100 00200 00300 00310 00430 00452 00454 00456 00458 Advertisement for Bids Instructions to Bidders B id Package Contents Bid Form & Itemized Bid Schedule Bid Bond Sworn Statement under Section 105.08, Indian River County Code, on D isclosure of Relationships Sworn Statement under the Florida Trench Safety Act Q ualifications Questionnaire 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 00700 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00010 - Table of Contents - REV 04-07.doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS (BY DONADIO & ASSOCIATES) + + END OF TABLE OF CONTENTS + + 00010-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00010 - Table of Contents - REV 04 07.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27th Street Vero Beach, Florida 32960 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 Friday, March 7, 2014. 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 `INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE - SKEET AND TRAP FACILITY IMPROVEMENTS (PHASE I)" and Bid No.2014026". 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., on the day specified above, will not be opened or considered. INDIAN RIVER COUNTY PROJECT NO. 1213 INDIAN RIVER COUNTY BID NO. 2014026 PROJECT DESCRIPTION: This project involves all work necessary to construct improvements to the Indian River County Shooting Range as depicted in the. construction drawings prepared by Donadio & Associates, Architects, P.A. The improvements include, but are not limited to, clearing & grubbing, filling, mulching, and sodding, construction of earthen berms, a concrete wall, and a raised/ dry pathway for the specific purpose of developing two new action pistol ranges and a sporting clay shooting trail. Work on this project must comply with all local, state, and federal regulating agency criteria and permits. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Documents may be obtained from the Public Works Department/Engineering Division, 1801 27th Street, Vero Beach, Florida, 32960, (772) 226-1283 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 and does not include shipping. All other communications concerning this bid shall be directed to IRC Purchasing Division at purchasinq(a ircgov com 00100 - Advertisement for Bids REV 04-07.doc 00100 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documents\Contract Documents\00100 - Advertisement for Bids REV 04-07.doc 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 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 penod of ninety (90) 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: Jennifer Hyde Purchasing Manager For Publication in the Vero Beach Press Journal Date: February 3, 2014 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents\00100 - Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title Page ARTICLE 1 - DEFINED TERMS 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 2 ARTICLE 5 - PRE-BID CONFERENCE 4 ARTICLE 6 - SITE AND OTHER AREAS 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA 4 ARTICLE 8 - BID SECURITY 5 ARTICLE 9 - CONTRACT TIMES 5 ARTICLE 10 - LIQUIDATED DAMAGES 5 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 6 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 6 ARTICLE 13 - PREPARATION OF BID 6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 7 ARTICLE 15 - SUBMITTAL OF BID 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 8 ARTICLE 17 - OPENING OF BIDS 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 9 ARTICLE 19 - AWARD OF CONTRACT 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 10 ARTICLE 21 - SIGNING OF AGREEMENT 10 00200 - Instructions to Bidders REV 04-07.doc 00200 - i F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg Wdmim\bid documents\Contract Documents \00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) S ubject Article Award of Contract 19 Basis of Bid; Evaluation of Bids 14 B id Security 8 B ids to Remain Subject to Acceptance 18 Contract Security and Insurance 20 Contract Times 9 Copies of Bidding Documents 2 D efined Terms 1 Examination of Bidding Documents, Other Related Data, and Site 4 Interpretations and Addenda 7 Liquidated Damages 10 Modification and Withdrawal of Bid 16 Opening of Bids 17 P re -Bid Conference 5 P reparation of Bid 13 Q ualifications of Bidders 3 S igning of Agreement 21 S ite and Other Areas 6 Subcontractors, Suppliers and Others 12 S ubmittal of Bid 15 S ubstitute or "Or -Equal" Items 11 00200 - Instructions to Bidders REV 04-07.doc 00200 - II F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgtAdmim\bid documents\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 B . Issuing Office The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called tor below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200 - Instructions to Bidders REV 04-07.doc • • 00200 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC.Shooting Range -Skeet 8 Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100200 - 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 D ocuments, 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 U nderground 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 H azardous 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 o r conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, o r 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 U nderground Facilities, and possible changes in the Bidding Documents due to differing or u nanticipated 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 \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100200 - 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 (Etienne Bourgeois, P E 772-226-1931), 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 (Etienne Bourgeois, P.E., (772) 226-1931) 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 PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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 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 PURCHASING (purchasinq(ircgov.com) 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 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 00200 - Instructions to Bidders REV 04-07.doc Hunters Train BldgWdmim\bid documents\Contract 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 Bidders 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. D epartment 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 B idder 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 B id 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 91 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) S ubstantially 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 - 00200 - Instructions to Bidders REV 04-07.doc 00200 - 5 F:\Public Works ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet 8 Trap Improvemnts 8 Hunters Train Bldg\Admimlbid documents\Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such S ubcontractors, 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, S upplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent S uccessful 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, S uppliers, 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. 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:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdglAdmim\bid documents\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 V1213 -IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train BIdglAdmim\bid documents\Contract Documents\00200 - Instructions to Bidders REV 04-07.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 Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), Bid Number, 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 wntten notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a matenal 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 PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdglAdmim\bid documents\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 penod. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, n onconforming, 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 n on -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would n ot 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 n egotiate 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 OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or n ntities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 00200 - Instructions to Bidders REV 04 07.doc 00200 - 9 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER s requirements as to Public Construction Bond and insurance. When the S uccessful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such B ond, unless the Bond has been waived due to the total contract being less than $100,000. 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 D ocuments 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 equa' amount from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond `or 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 PROJECTS11213-IRC Shooting Range -Skeet.& Trap Improvemnts & Hunters Train BIdglAdmim\bid documents Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: S ECTION TITLE SECTION NUMBER B id Form 00310 B id Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Q ualifications 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:1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admimlbid documents\Contract Documents\00300 - Bid Package Contents - REV 04-07.doc PROJECT .IDENTIFICATION: Project Name: County Project Number: Bid Number: Project Address: Project Description: THIS BID IS SUBMITTED TO: SECTION 00310 - Bid Form Addendum #2 Indian River County Public Shooting Range Skeet and Trap Facility Improvements (PHASE I) 1213 2014026 10455 102nd Terrace, Sebastian, Florida This project involves all work necessary to construct improvements to the Indian River County Shooting Range as depicted in the construction drawings prepared by Donadio & Associates, Architects, P.A. The improvements include, but are not limited to, clearing & grubbing, filling, mulching, and sodding, construction of earthen berms, a concrete wall, and a raised/dry pathway for the specific purpose of developing two new action pistol ranges and a sporting clay shooting trail. Work on this project must comply with all local, state, and federal regulating agency criteria and permits. INDIAN RIVER COUNTY 1800 27th 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 90 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 Ab_ 6A Li 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. 00310 - Bid Form Addendum 2 00310 1 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg1Admim\bid documents\Addendum #2100310 - Bid Form Addendum 2.doc Rev. 05/16/01 Addendum #2 C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any which have been identified in the Supplementary Conditions 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 B idding 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 theinterest 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 B idder 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 Addendum 2 00310-2 ElPublic Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admimlbid documents\Addendum #2100310 - Bid Form Addendum 2.doc Rev. 05/16/01 ITEMIZED BID SCHEDULE - ADDENDUM #2 INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE - SKEET AND TRAP FACILITY IMPROVEMENTS (PHASE I) PROJECT NO. 1213/BID NO 2014026 BIDDER'S NAME: ACS- 3 c 5 erk,; u. -s nC- LS = Lump Sum EA = Each CY = Cubic Yard SY = Square Yard AC = Acre TN = Tons TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT IN WORDS): l'X tin&Real forty 40(.. ya,� - r•Qe_ ,Lnd,c). el evn eA,nJ `p9 / � {fir:„/� BASE BID __ ..dais f� . "� .I d..s�'a" 2` - em,.. o, ' - nar Descrpho r ' Quart... '. F`iy� SF w1i , . • .. °. Un..:_Fr �j . us_.. y Unrt P I% L ce_._ j +0.moetnL s ; 101-1 MOBILIZATION 1 LS iQ 000.° IQ 000,x3 104 EROSION AND WATER POLLUTION PREVENTION CONTROL 1 LS -70Q 22 5..700 0i 103 RECORD DRAWINGS/AS-BUILT DRAWINGS 1 LS ?06)2, /S. 7 Cooed= 108 N.P.D.E.S. PERMITTING 1 LS ),CI 0 0.. t_Ca2°(2 110-1 CLEARING AND GRUBBING 6yt 5 °� SO 5.3 AC - 3 3. 999 EMBANKMENT (COMPACTED IN PLACE) (CONTRACTOR lak 120-6-1 SUPPLIED) 36,950 CY g, 323 .431 5= EMBANKMENT (COMPACTED IN PLACE) (COUNTY SUPPLIED) 120-6-2 (CONTRACTOR TO HAUL MATERIAL FROM FAIRGROUNDS TO .3,500 CY 7.21 c °-2 162-2 PREPARED SOIL LAYER - TOPSOIL (6") SITE 25,961 SY i , i- 5 f g boC. 3 ?� 162-3 PREPARED SOIL LAYER - TOPSOIL (6") BERMS 11,351 SY 1, i i a a sn 430-34-321 ALUMINIZED CORRUGATED METAL PIPE (12") 58 LF 119.92 eaO•to �. 550-10 HOG WIRE FENCE & GATE (FURNISH AND INSTALL) 1,330 LF ?S /, raiU�(jz 50 570-1 PERFORMANCE MULCH, FERTILIZER TURF (SEED) AND WATERING) (BAHIA) (INCLUDES TOP SOIL, 12,981 SY o c J 5 7 659,72 - 573-1 PERFORMANCE SOIL FERTILIZER TURF AND (HYDROSEED) WATERING) (BAHIA) (INCLUDES: TOP 11,351 SY q ,,/Q ��� i Qai 5 _ PERFORMANCE TURF (SOD) (BAHIA) (INCLUDES: TOP SOIL q0 1.10575-1-1 FERTILIZER AND WATERING) 147 SY i. --- R�j�,---- 580 RIFLE RANGE BAFFLES (REPAIR) 434 LF 3 (t 3gf)Vo ..O4 580-326-4 MULCH WOOD CHIPS FOR TRAILS O4 % 795 CY/- ' oSJ 590 12' HIGH X 12" WIDE MASONRY WALL 138 LF a 8 '7;47'53 3) 1g 2. =- 800 PUBLIC CONSTRUCTION BOND 1 LS 1Q0°' 7 (/ 1 7, 000" FORCE ACCOUNT 1 LS 30000.00 30 000.00 SKEET AND TRAP FACILITY IMPROVEMENTS (PHASE 1) TOTAL bile 311, 67 LS = Lump Sum EA = Each CY = Cubic Yard SY = Square Yard AC = Acre TN = Tons TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT IN WORDS): l'X tin&Real forty 40(.. ya,� - r•Qe_ ,Lnd,c). el evn eA,nJ `p9 / ITEMIZED BID SCHEDULE - ADDENDUM #2 INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE SKEET AND TRAP FACILITY IMPROVEMENTS (PHASE I) PROJECT NO. 1213/BID NO 2014026 BIDDER'S NAME: .AS -Scan c- S rui u- S Walt o. escripfion ^ "` Al EMBANKMENT (COMPACTED IN PLACE) (COUNTY SUPPLIED ON PROJECT SITE)(IN LIEU OF 120-6-2 IN BASE BID) 3,500 NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF QUANTITIES) AND THE ITEMIZED BID SCHEDULE, THE BID DOCUMENTS WILL GOVERN F:W bbc Wala1ENGINEERJNG DIVISION PROJECTSt1213-IRC ShooSa RanaeSkeet & Tran Immovemna R Ihren a Train R Mtn.e"t.nu:A Ann .n.e e A .r...rr... rrr 7r %- nnncuro Iu 7J..:..:+.w 00310-4 . ALTERNATE #2 - LIEU OF TOTAL BASE BID AND ALTERNATE #1 ' Mtn NO ,a. Descriptions t t ; tea N. : , ° js r Sa antitsj Unite MUliitIRtreifa AmqufitAM 101-1 MOBILIZATION 1 LS 5, aoo! 5,0001e- 104 EROSION AND 5,7'e 5,700, cam' WATER POLLUTION PREVENTION CONTROL 1 LS 103 RECORD c 5.000- C,0006. DRAWINGS/AS-BUILT DRAWINGS 1 LS ,nO. 108 N P D E S PERMITTING 1 LS I �Q• cS 1,00o. Ce tb 110-1 CLEARING AND GRUBBING 0.4 AC „' s •?j 421 .S G. EMBANKMENT (COMPACTED IN PLACE) (COUNTY SUPPLIED)q 120-6-2 (CONTRACTOR TO HAUL MATERIAL FROM FAIRGROUNDS TO 350 CY 7 �i 7/h,£o 162-2 PREPARED SOIL LAYER ..b� TOPSOIL (6") SITE 1,600 SY . • �9 3/0- 430-34321 ALUMINIZED CORRUGATED METAL PIPE (12") 38 LF 55 a 9%Qc4 550-10 HOG WIRE FENCE & GATE (FURNISH AND INSTALL) 150 LF )4, -15 I %2-- p 573-1 PERFORMANCE TURF (HYDROSEED) SOIL FERTILIZER AND WATERING) (BAHIA) (INCLUDES: TOP 1,600 SY- / , 9 q0? / IN 0 - 580 RIFLE RANGE BAFFLES (REPAIR) 434 LF 3 .� p� eg �>: ��D.o— 9.3 o 3, C/ - 580-326-4 MULCH WOOD CHIPS FOR TRAILS 100 CY _ DQ© 590 12' HIGH X 12" WIDE MASONRY WALL 39, 1 138 LF ,99.11. 800 PUBLIC CONSTRUCTION BOND 1 LS 3 0a l--- 3, 00 0. FORCE ACCOUNT 1 LS I 10,000.00 10,000 00 SKEET AND TRAP FACILITY IMPROVEMENTS (Alternate #2) TOTAL 1 0011, NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF QUANTITIES) AND THE ITEMIZED BID SCHEDULE, THE BID DOCUMENTS WILL GOVERN F:W bbc Wala1ENGINEERJNG DIVISION PROJECTSt1213-IRC ShooSa RanaeSkeet & Tran Immovemna R Ihren a Train R Mtn.e"t.nu:A Ann .n.e e A .r...rr... rrr 7r %- nnncuro Iu 7J..:..:+.w 00310-4 Addendum #2 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the prices) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.B 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 B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule B. Required Bid security in the form of 0, C. Sworn Statement Under the Florida Trench Safety Act; D. Qualifications Questionnaire; E. List of Subcontractors; 00310 - Bid Form Addendum 2 00310 - 5 F:\Public Works ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Addendum #200310 - Bid Form Addendum 2.doc Addendum #2 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. S UBMITTED on Th ac cM ` , 2011 . S tate Contractor License No. ( - (2-1 c R) If. Bidder is: An Individual N ame (typed or printed): By. .(SEAL) (Individual's signature) D oing business as: B usiness address: P hone No.: FAX No.: A Partnership P artnership Name. (SEAL) B y: (Signature of general partner attach evidence of authority to sign) N ame (typed or printed): B usiness address: P hone No.: FAX No.: A Corporation Corporation Name. A s ^; cat,-' r'.A'- s n 4_ (SEA State of Incorporation: F/orr d.a Type (General Business, Professional, Service, Limited Liability): Gt,1 By: '... � (Signature -- attach evidence of authority to sign) N ame (typed or printed): S h o\,v', e Title: f re 5 e a r r� Attest (CORPORATE SEAL) (Signature of Corporate Secretary) p rd B usiness address: (3L) %J r e_e_skih Z - 3a c�� Phone No.: 7eQ-- x'73- 7o 2 a FAX No.: 77;2 -'77?--• 00310 - Bid Form Addendum 2 00310-6 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdgtAdmim\bid documents\Addendum #2\00310 - Bid Form Addendum 2.doc D ate of Qualification to do business is Addendum #2 • A Joint Venture Joint Venture Name. (SEAL) By: (Signature of joint venture partner -- attach evidence of authority to sign) N ame (typed or printed): Title: B usiness address: P hone No.: FAX No.: Joint Venture Name. (SEAL) By: (Signature -- attach evidence of authority to sign) N ame (typed or printed): Title: B usiness address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above ) **END OF SECTION** 00310 - Bid Form Addendum 2 00310 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Addendum #2\00310 - Bid Form Addendum 2.doc SECTION 00452 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMII\ISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No: 2014026 for Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I) 2. This sworn statement is submitted by: A Sc? 4-Lree-I.L1 whose business address is: (Name of entity submitting Statement) _ 3Mynameis �x�U� J3o¼rb (Please print name of individual signing) rdi and my relationship to the entity named above is A r` --hz+ tc,/\j/L 2 1 Ft 3 2 Y-Ze 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. 6. Based on information and belief the statement, which I have marked below, is true in relation to the entity spbmitting this sworn statement: [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Wdmim\bid documents\Contract Documents\00452 Disclosure of Relationships.doc 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: Name of Affiliate Name of County Commissioner or entity or employee Relationship STATE OF F for: COUNTY OF v The foregoing instrument was acknowledged before me this Rel ature) (Date) day of Al. �~ , 20n, by , who is personally knownto me or who has produced as identification. NOTARY PUBLIC SIGN: '66: e -=� PRINT' De_ b o tr'aln C_ ro J< e t km" Notary Public, State at large My Commission Expires: (Seal) 00452-2 191 a-oih It* 4segtet DEBORAH A CROCKETT MY COMMISSION # EE209641 • -r. EXPIRES June 19, 2016 • I1 .. (407);214153 FbAda9olxpserviae.aom F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00452 Disclosure of Relatinnshins.rinr. 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.._T_HEP_RESEN.CEO.F. A_NOT.ARY_PUBLIC__AUTH.ORIZED.Ta. ADMINISTER -OATHS This Sworn Statement is submitted with Project No. 1213 for Indian River County Public S hooting Range — Skeet and Trap Facility Improvements (Phase I) 2. This Sworn Statement is submitted by A jc-a e_. S.�r u'IL "4 egal Name of Entity Submitting Sworn Statement) jjhereinaftt?er , "BIDDER". The BIDDER's address is yLi._) B IDDER's Federal Employer Identification Number (FEIN) is r 331i bI° 5 o • 3. My name is S &Urr- and my relationship to the BIDDER /� (Print Name of Individual Signing) is 1 (�e 5, :- • (Position or T tle) Icertify, 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 B IDDER. 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 S afety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety S tandards. 6. The BIDDER has allocated and included in its bid the total amount of $ C , 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 stapdards by instituting the following specific method(s) of compliance on this Project: /vIA • 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 E NGINEER for accuracy, completeness, or any other purpose. The OWNER and E NGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7 The BIDDER has allocated and included in its bid the total amount of $ based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requiremep�ts by instituting the following specific method(s) of compliance on this Project: /Cr tt 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\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 E NGINEER for accuracy, completeness or any other purpose. The OWNER and E NGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project STATE OF F/ur'cl.a COUNTY OF d-r4;o/.. gtv°� B I D D E R'i \— Se-/- ✓ r C..2. -S B y: P osition or Title: ` Cc- S D ate: .3/2 /.f i Personally appeared before me, the undersigned authority, �A«/le__ /Si�rr who after first being sworn by me affixed his/her signature in the space provided above on this day of March , 20 /Li . - DEBORAH A CROCKETT MY COMMISSION # EE209841 Notary Public, State at large C : EXPIRES June 1a 2015 My Commission Expires: 5,1z.)aQt� (401)3984153 FFr,>,ld ,ow, **END OF SECTION** 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 2 F:1Public Works\ ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Btdg\Admim\bid documents1Contract Documents100454 - Florida Trench Safety Act - REV 04-07.doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE N OTICE THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE -BIDDERS. ------ U NDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. D ocumentation Submitted with Project No: 1213 P roject Name. Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I) 1. Bidder's Name / Address: A Pe � t-sk S.e.rt. t'cx_S e n c B idder's Telephone & FAX Numbers: 776"--(17.70,2 ?72-7;?SJ,6 3. Licensing and Corporate Status: a. Is Contractor License current? /-S. b. Bidder's Contractor License No:`vc- txRS 1 [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 5. What is the last project OF THIS NATURE that the firm has completed? Flan \t' .5 L. 0,,,j Cil/ // 1 t4 L�� „J.-ck Cof-Fro l S''('t✓tjrir> C7 6. Has the firm ever failed to complete work awarded to you? ! —X) [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7 Has the firm ever been assessed liquidated damages? [If your answer is "yes", .then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] ,� / 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? - 00456 - Qualifications Questionnaire.doc 00456 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet 8 Trap Improvemnts 8 Hunters Train Bldg\Hdmim\bid documents\Contract Documents\00456 - Qualifications Questionnaire.doc [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.] 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? / [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.] X12. 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. > ickir I 14. Name of on-site Project Foreman: Date of Inspections: ( l / 1 l eseccr Number of years of experience with similar projects as a Project Foreman: 15. Name of Project Manager: S hog n� Number of years of experience with similar projects as a Project Manager: 16. State your total bonding capacity /SO K r 17. State your bonding capacity per job: 75 Q. is 18. Please provide name, address, telephone number, and contact person of your bonding company: i .9f I. Si 7-- Se21>— [The remainder of this page was left blank intentionally] 00456 - Qualifications Questlonnaire.doc 00456 - 2 F:\Public Works ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100456 - Qualifications Questionnaire.doc Complete the following table for SIMILAR projects: U O V 0 0 .N 0 7 N O (t ry�7y 0 0 m LO Cf C C o y 0 J 0 3 To co 0 0 U v E on 13 co 't o o= oCO CO m ea CA c i 0 a a F. 6 To. 0 C 0, 0 L cc0 M 0 w W O 0 a z 0 0 z z w LL -0 ( isi i1 ' \..f . R.,\, I Final Coni ❑ 0 Ll .i \ Q , — n N n0 N -Py. ` w.� \ 0 1 ;: 0\ 'SCI 0 ` " Original 1 \ tsn x in ni. i 'IC `. NI - rsr t� 1_1,1 = ; 11 0 r` ri 1D ft 0 rerson Q .1 q' flfN ) 1 tn t %«IS Owner t(7 1 1/41.1 K J1 s n 1 9(t, v bi � V \ , 'to C • rr (}�` • J it .1 IV 0Ili `1 C t 9 I N. ^` , , 0 V \ Name of Project { :� 1 J fi r 1 � • 1-• . -, _� ) " 4 U ` 0 ` •�-' n 6 ; - ` i i "`L IR 4 i 4 4 .� L Cie • .- .. :, j ` ) ` >- ti� Z U O V 0 0 .N 0 7 N O (t ry�7y 0 0 m LO Cf C C o y 0 J 0 3 To co 0 0 U v E on 13 co 't o o= oCO CO m ea CA c i 0 a a F. 6 To. 0 C 0, 0 L cc0 M 0 w W O 0 a z 0 0 z z w LL [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contracjpr By*-- l t (Signature) **END OF SECTION** (Position or Title) (Date) 00456 - Qualifications Questionnaire.doc 00456 - 4 F:\Public Works ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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 unde.r-_this...Co.ntr-act_in_excess_ofo.r e-half_per-ce.rpt_of_the_to-tal_b.id_pnce,_ancLshall_als-oiist the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 1213 for Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I). Work to be Performed 1. pi r 1A.gi n, „Act gra. , f 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Avi .S to cfC L - 1) Note: Attach additional sheets if required. Subcontractor's Name/Address * * END OF SECTION * * 00458 - List of Subcontractors REV 04-07.doc 00458 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Ndmim\bid documents\Contract Documents \00458 - List of Subcontractors REV 04-07.doc Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 Fax (772) 770-5140 ADDENDUM NO. 1 Date: February 20, 2014 Project Name: INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE SKEET AND TRAP FACILITY IMPROVEMENTS (PHASE I) Project Number: IRC 1213 Bid Number: 2014026 Bid Opening Date: The Bid Opening date is Friday, March 7, 2014 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 Bid Documents. Therefore, it hereby supersedes anything to the contrary in the Bid Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bid D ocuments. All questions about the meaning or intent of the Bid Documents are to be submitted to PURCHASING MANAGER in writing to purchasing@ircgov.com. Interpretations or clarifications considered necessary to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bid Documents. Questions received less than ten (10) calendar days prior to the date for opening of Bids shall not be answered. Only questions answered by Addenda will be binding. O ral and other interpretations or clarification will be without legal effect. Deadline date for submittal of questions is Wednesday, February 26th, 2014 at 8:30 a.m. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bid Documents as deemed advisable by O WNER or ENGINEER. Page I of 5 F:\Pubiic Works\ENGINEERING DI4'ISION PROJECTS\Y= I' -IRC Shoo in_ Ram&e-Skeet & Trap improve rants & Hunters ['rain Bid<_'\Adrtim'.hid tt;,:nm. nt\A.l:i. n.inm n l' Aei.,�.,.J -AI.. 1 ,:,,.a ♦_.. .• CLARIFICATIONS / CORRECTIONS/QUESTIONS AND RESPONSES The following questions (with responses) have been received by Indian River County: QUESTION NO. 1 Referencing Sheets C 1.30 and C 2.20: The drawings Indicates to "Repair Existing Overhead Wood Baffles #4 & #5" Please identify to what extent the Baffles need to be "Repaired". Who will identify how and to what extent the Baffles need to be repaired. ANSWER NO. 1 Sheet C2.20 clearly shows the wood blocking, wood supports, steel, and hardware needed to repair baffles 4 and 5. QUESTION NO. 2 General Question: Due to the possibility of lead contamination to the Baffles, does the County see the need for a lead inspection. If the County has performed a lead inspection, will this be provided? ANSWER NO. 2 No, the County does not expect any need for lead inspection. Due to Florida State Statutes and the Best Management Practices the range has in place, the range is exempt from lead regulation. The Baffle repairs include adding material to the baffles and do not require any material removal. QUESTION NO. 3 The plans say to use Hog wire fence material but the detail on page c2.10 show a barbed wire style fence. Which style do they actually want installed? ANSWER NO. 3 The fence detail has been revised and is included on the attached Sheet C2.10. The proposed fence will match the existing fence and consists of both hog wire and barbed wire. QUESTION NO. 4 On the fence post material specification it calls for cedar post, will the county except a substitute of PT post instead? ANSWER NO. 4 The fence detail has been revised and is included on the attached Sheet C2.10. The proposed fence will match the existing fence with PT posts. Page 2 of 5 E:\Public \Forks\ENG INE_ERIVu DIVISION PROJEC1:S'12I3-IRir Shooting. Range -Skeet & Trap Improvemr.nis F I Rimers Train Bid_` =,dmirrAbij cicxa!mentt:',Aciiien,inm a I\AA,irn.i n„ Mr, QUESTION NO 5 Can we burn clearing onsite or stock pile onsite somewhere, so we can save them hauling and dump fees. ANSWER NO. 5 The contractor is required to abide by all federal, state, and local regulations for the disposal of material. The shooting range will remain in operation during construction so no burning will be permitted. The contractor may stockpile debris in areas impacted by the proposed improvements, however, the contractor is responsible for removal of debris from the site. QUESTION NO. 6 I did not see a spec for top soil, can we just use clean general fill? ANSWER NO. 6 Section 162 of the Technical Special Provisions covers topsoil. Clean general fill will not meet the specifications for this material. QUESTION NO. 7 On page C1.14 it talks about the corrugated aluminum cap see photo. What photo? ANSWER NO. 7 Please disregard the "(SEE PHOTO)" notation. QUESTION NO. 8 On bid schedule item # 430-34-321 aluminized corrugated metal pipe 12" where is that going? ANSWER NO. 8 Sheet C1.14 clearly shows three (3) locations for the proposed 12" Corrugated Metal Pipe QUESTION NO. 9 What is the Force Account Pay Item? ANSWER NO. 9 The Force Account is a contingency pay item that provides additional funds in the project budget to pay for quantity overruns. Page 3of5 F:1Ptiblic 4'orks\FNGINEERING D[V[SiON PROJEC:'TS\1213-IRC.' Shootin, Range -Skeet & Trap Improvemnis «; enters Train BickotActrairn\Iiid rirnaimenistAtititmlitim 71t:\rtiieniinm No 1 ?_?il_Id ,t,. QUESTION NO. 10 How in depth does the list of suppliers need to be? ANSWER NO. 10 The Bid form only requires subcontractors to be listed. During construction, pay applications will need to list any suppliers that are not supplying release of liens. This list of suppliers should include any supplier providing material that is becoming the property of Indian River County. Additional Clarifications: 1. The quantities for EMBANKMENT (COMPACTED IN PLACE) (CONTRACTOR SUPPLIED) and MULCH WOODCHIPS FOR TRAILS have been revised on the attached Itemized Bid Schedule. 2. An elevation of the proposed wall has been added to Sheet S-1 3. Sheet C1.10 has been revised to show the proposed trail with a 10' width. ATTACHMENTS: 1. Itemized Bid Schedule (Page 00310-3) 2. Revised Plans Sheets C1.10, C2.10, and 5-1 Page 4of5 ?:\public \ `orkAENG FNEERING DIVISION PROJECTS'1=13-IRC Shtxiiin_ Range-Sk::et & Trap Iniprovecnnts I-lum_rs Train .Iraimthid ************** *************This Addendum MUST be returned with your Bid ADDENDUM NO. 1 is submitted by: Etienne B. Bourgeoi 7 .E., Project Engineer and Jerirrier Hyde, Purchasing Manager Company Name A Name. F� c cen/ I c..a....5 n a. L c&r r` Title: 1 rP-5,6cLeAr+ (Type / Printed) Authorized Signature• Date: Tj'z_,,"j y Telephone: -.7102-_--(/ 23 0 a Fax: f717 ifl- 5/74 Page 5of5 F:Tub!ie WorkstENG[NEERING DR ISION PROJECa:S\1313-IRC Shootin_ Range -Skeet & Trap improve:nnts & Hunters Train 13!u:;'admiin Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 Fax (772) 770-5140 ADDENDUM NO. 2 Date: February 26, 2014 Project Name: INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE SKEET AND TRAP FACILITY IMPROVEMENTS (PHASE I) Project Number: IRC 1213 Bid Number: 2014026 Bid Opening Date: The Bid Opening date is Friday, March 7, 2014 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 Bid Documents. Therefore, it hereby supersedes anything to the contrary in the Bid Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bid Documents. NO Questions will be responded to from this time forward. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bid Documents as deemed advisable by OWNER or ENGINEER. Page 1 of 5 F:;Public Works:ENGINEERING DIVISION PROJECTS\\1213-IRC Shooting Range -Skeet & Trap tmproventnts & Hunters "Frain Bid,'.;\dmimtbid CLARIFICATIONS / CORRECTIONS/QUESTIONS AND RESPONSES The following questions (with responses) have been received by Indian River County: QUESTION NO. 1 Our site work subs have done take off on dirt needed on line item #120-6-1 on bid schedule. They are coming you with 40,000cy to do the embankment. On addendum 1 you have 36,950cy. I think that is low and it will cause a problem as the job moves forward. ANSWER NO. 1 Please note that the total quantity of embankment required to meet the proposed grades includes items 120-6-1, 120-6-2, 162-2, 162-3. This total quantity accounts for more than the 40,000cy calculated. QUESTION NO. 2 Would we be able to get a copy of the soils report? ANSWER NO. 2 Yes, the soils report is attached. QUESTION NO. 3 Is there any more information you can provide to clarify the "100% sterile" requirement for the mulch? ANSWER NO. 3 The 100% sterile mulch must be comprised of all plant material. It must be free from any trash or inorganic debris. QUESTION NO. 4 How can we arrange a field visit to view the baffles that need to be repaired on the rifle range? ANSWER NO. 4 The Project Engineer, Etienne Bourgeois, P.E. 772.226.1931, ebourgeoisPircgov.com, should be contacted directly to arrange for a site visit. The baffles can be viewed when the rifle range is "cold" between shooting sessions. Any contractor that visits the site without the Engineer, must check-in at. the Range Office before entering any wooded areas. Page2ofS F ,Public Works`•,ENGINEERING DIVISION PROJECTS 1\1213 -IRC Shooting Range -Skeet ez Trap Improvemnts & l'IUnt8i5 Train Bid�r`•.;\dmim\bid QUESTION NO. 5 In order to construct/repair the baffles the rifle range will have to be shut down for a period of time. How will this be arranged? ANSWER NO. 5 The contractor's proposed schedule will be utilized to arrange for the closure of the rifle range during the baffle repairs. QUESTION NO. 6 The Division 2 Technical Specifications appear to include more work than is shown on the plans. Could these specifications be for the original project? ANSWER NO. 6 The Division 2 Technical Specifications were used for the original construction and do include more items than pertain to this project's scope of work. QUESTION NO. 7 Section 162 — Topsoil state the "volume of soil required is included in the excavation and embankment quantities". The bid items 570-1, 573-1 and 575-1-1 (grassing items) state they include top soil, fertilizer and watering. Could you please clarify if we need the include the top soil in the embankment number or in the grassing number? ANSWER NO. 7 Top Soil is included as Pay Item 162-2 and 162-3. The quantities for embankment and grassing do not include top soil. QUESTION NO. 8 It states 6" top soil for the site and berm but the plans shows 18" top soil on beiuis. Can you please get clarified ANSWER NO. 8 Top Soil will be 6" thick on the berms. Remainder of Page Intentionally Left Blank Page 3of5 F\Pub]ic Works\ENGINEERWG DIVISION PROJECTS ll2l3-IRC Shooting Range -Skeet & Trap lmprovenmts & Hunters Train Bldg`Admimlbid Additional Clarifications: 1. Alternate Bid #2 has been added to the bid schedule Alternate Bid #2 includes all work on the construction plans except the work detailed on Sheet C1.20, which includes: a. Proposed Hog Wire Fence, b. Proposed Berms, c. Proposed fill of Action Pistol Range Floor, d. Proposed Stormwater Retention Areas, e. Proposed Equipment Access and Culvert, and f. Proposed Swale 2. Alternate Bid #2 includes a reduced mulch quantity. This mulch will only be placed within the low- lying area closest to the parking lot of the western trail. 3. Alternate Bid #2 will include all work shown on sheet C1.30 ATTACHMENTS: 1. Revised Section 00310 — Bid Form 2. Soils reports by KSM Engineering & Testing, Inc. dated 1998 and 2014 Remainder of Page Intentionally Left Blank 0 Page 4of5 F:\Puhlic Works ENGINEERING DIVISION PROJECTS \1213 .IRC Shooting Range -Skeet & Trap lmprovcntnts & Hunters Train Bldg%Admimibid *************This Addendum MUST be returned with your Bid************** ADDENDUM NO. 2 is submitted by: Etienne B. Bourgeois ,M :E., Project Engineer and Jet<9 f& Hyde, Ptirchasing Manager Company Name -s • Namebat n -Z gGa,%.r (Type / Printed) Authorized Signature: Title: f r $ rtLizizt 7t_Date: 3 // 17 Telephone: 7 7e) —`17? -4 07:Z Fax: 7777F S 1 .) Page 5 of 5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid' documents\Addendum #2\Addendum No. 2 2-26-14.doc • �EPARTNIENT OF% BUS INE CONSTRUCTION_ E - OE FLO SS AND PROFESSIONAL REGULATION: INDUSTRY LI£ENSING BOARD SEQ#.L12051600739 • ILITY &; EXCAVAT- he :UNDBRGRO a UT, _med.below IS CERT ED}; r r'- • �, IFI-- Expi.ration date • AUG 31. - 2 014 }rte �; ,, ,� t c.v• tinder ` the ` provision$ of Chapters 4894 FS i-, , ; s` . • • f NNE:.Y. sf'-�lii .:.. 77?) :- t .74 "L 3-> �<TF KEN' .LPAWSON. SECRETARY : Aik- 10 Notarized Financial Statement I believe this financial statement attached is true and as accurate as possible to the best of my knowledge of all assets and liabilities. Signature: f, / Date: 3/ '`�' �41 STATE OF FLORIDA an COUNTY OF: The foregoing instr ment was acknowledged before me this Z day of MQ.rck 20s y by 5A Orc fig, rrY , (title) or, behalf of 5 R( Se -r known to me or has produced take an oath. (namp of partnership) a partnership. He/she is personally as identification and did Name DeDQfa. 1, Croc.14EAt My commission expires S,nct 10117 Commission number E6)O9 el I. eDEBORAH A CROCKETT . •9 MY COMMISSION # EE209641 to. - EXPIRES June 19. 2016 (407) 395.0159 Fbbi laNciaryService.cor ± 11:41 AM 02/26/14 Accrual Basis Ag-Scape Services Inc. Balance Sheet As of December 31, 2014 ASSETS Current Assets CheckinglSavings Ag-Scape Services, Inc. Total Checking/Savings Accounts Receivable Accounts Receivable Total Accounts Receivable Other Current Assets Employee Loan Total Other Current Assets Total Current Assets Fixed Assets 16' Flatbed Trailer 1996 GMC Truck 2006 John Deere CT332 Tractor 2007 Chevy Diesel 2007 Semi Trk 2008 Chevy silverado 2009 Chevy Silverado Enclosed Trailer GMC Flatbed Truck Gravely Mower Landscaping Equipment Skid Steer Loader Sod Equipment. 1989 Greatdane Flat Trailer 1990 Kenworth Tractor trailer 2006 Anderson flatbed Total Sod Equipment Wacker Plate Compactor Water Trailer w/Pump Total Fixed Assets Other Assets Equipment salvage value Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable Total Accounts Payable Other Current Liabilities Capflow Funding Loan from Shane Barry Payroll Liabilities PAYROLL TAXES PAYABLE Total Other Current Liabilities Total Current Liabilities Dec 31, 14 4,239.20 4,239.20 61,753.69 61,753.69 1,000.00 1,000.00 66,992.89 750.00 8,000.00 19,000.00 21,500.00 13,580.00 43,470 27 33,551.36 3,749.00 22,694.59 32,282.50 31,431.07 29,828.92 5,000.00 10,000.00 5,000.00 20,000.00 3,400.00 3,900.00 287,137.71 5,552.97 5,552.97 359,683.57 21,177.50 21,177.50 -19,166.09 39,854.23 950.85 -1,030.04 20,608.95 41,786.45 Page 1 • 11:41 AM 02/26/14 Accrual Basis Ag-Scape Services Inc. Balance Sheet As of December 31, 2014 Long Term Liabilities AIIy AIIy/09CHEVY Caterpillar Financial Services PNC Bank Loan Total Long Term Liabilities Total Liabilities Equity Distribution to Shane Opening Balance Equity Retained Earnings Net Income Total Equity TOTAL LIABILITIES & EQUITY Dec 31,14 20,646.51 8,222.78 -2,471.80 4,703.46 31,100.95 72,887.40 -4,850.00 7,234.23 239,980.56 44,431.38 286,796.17 359,683.57 • • • Page 2 c ar\tre ,)-. 4./2_ Ag-Scape Services Inc. 1344 33 ave sw Vero Beach, fl 32968 772-473-1072 • Current work Toad At the moment as of March 2, 2014 Ag-Scape Services is only working on 2 small site development projects that should be completed before the start of the Shooting range project. • Ability to meet project schedule Ag-Scape Services will have all the labor, equipment and materials available to complete the different tasks within the scope of work that is not being completed by the subcontractor. The other portions as far as hauling of the fill, baffle repairs and the protection wall will be coordinated with the subcontractors not to interfere with a productive project schedule. BY:5X- / Cr SIGNED. A - DATE: 3/ -`7' A Dc�ument..A..IOJM Bid Bond CONTRACTOR: ?Vance, legal status and address) Ag-Scape Services, Inc. 1344 33rd Ave SW Vero Beach, FL 32968 OWNER: (Name, legal status and address) Indian River County BOND AMOUNT: Five Percent of Bid (5% of Bid) 2010 © SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT: Indian River County Public Shooting Range, Skeet &Trap Facililty Improvements- Dirt Berm, Sod & Drainage (Name, location or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the junsdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and matenal famished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. • When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 7 day of :less) March iffiess)Ashie, Skuce 2014. Ag-Scape Services, Inc. (Principal) (Title) 'Rave (Sure (Trite) Lori A. King -Clyde alty f P menta (Soeal) . Attorney-in`_itad • InitAIA Document A310Tu— 2010. Copyright ®1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: -ti's Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document. or any portion of it, may result In severe civil and criminal penalties, and wilt be prosecuted to the maximum ..xtent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Instt ute of Architects' legal counsel, wovriohteaia.orq. 061110 TRAVELERS Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 227168 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005646468 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and. Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Carnal Fidelity and Guaranty Company am corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Ins Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized laws of the State of Wisconsin tY urance Company is a (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint g under the James N. Slear, John T. Foster, Lori A. King -Clyde, Robin Stites, and Dan Cusenza of the City of Lansing each in their separate capacity if more than one is named above, to sic sign, execute, seal and aate of cknowledge any and all bonds, rco their true and lawful Attorney(s)-in-Fact, gFact, other writing"s obligatory in the nature thereof on behalf of the Companies in their business of I nuances, conditional undertakings and contracts and executing or guaranteeing bonds and undertakin s _ guaranteeing the fidelity eofd bylaw. guaranteeing the performance of g required or perrnitted in any:.achons or proceedings allowed by law. INVVITNESS WHEREOF; t1i6 Companies have caused this instrumenj.to'be signed. and their corporate seals to be hereto affixed, this day of September 2013 State of Connecticut City of Hartford ss. • Farmington Casualty Company-" _ - Fidelity and GuarantyiInsarance Company Fidelity and Guaranty Insuiaace'Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian. Insurance Company 19th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L. Raney. enior Vice President On this the 19th day of September 2013 be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,personally, before me appeared Robert L. Raney, who acknowledged himself to Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul MercuryInsurance Company,y and Guaranty Casualtyrs Insurancd Underwriters, c_, S v lens Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, assuch, Tbeing authorized so to do, executed the foregoing Surety Company, Travelers instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. WARNING* THIS POWER OF ATTORNFY IS Iwvnt in %AilThfli 'T l.._ \ \ .04A 441‘ Stead+ Marie C. Tetreault, Notary Public i u March 11, 2014 Ag-Scape Services, Inc. Attn: Mr. Shane Barry 1344 33rd Ave SW Vero Beach, FL 32968 BOARD OF COUNTY COMMISSIONERS NOTICE OF AWARD Reference: Indian River County Bid No. 2014026 Indian River County Public Shooting Range Skeet and Trap Facility Improvements Phase 1, Alternate 2 Dear Mr. Barry: I am pleased to inform you that on March 11, 2014, the Board of County Commissioners awarded the above - referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond in the amount of 100% of the contract amount ($100,119.00 — which reflects your total bid for Alternate 2). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance, must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. Please submit the documents to this office at the address provided below no later than March 26, 2014. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, Je"nifer Hyde Purchasing Manager cc: Etienne Bourgeois, P.E, Engineering Division Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida 329600(772) 226-1416•Fax: (772) 770-5140 E-mail purchasing@ircgov.com 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 Cc)- (hereinafter called CONTRACTOR). • OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Work is generally described as follows: This project involves all work necessary to construct improvement to the Indian River County Shooting Range as depicted in the construction drawings prepared by Donadio & Associates, Architects, P.A. The improvements include, but are not limited to, clearing & grubbing, filling, mulching, and sodding, construction of earthen berms, a concrete wall, and a raised/ dry pathway for the specific purpose of developing two new action pistol ranges and a sporting clay shooting trail. Work on this project must comply with all local, state, and federal regulating agency criteria and permits. 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: P roject Name. Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I) County Project Number: 1213 B id Number: 2014026 P roject Address: 10455 102nd Terrace, Sebastian, 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, Final Completion and Final Payment 00520 - Agreement (Public Works) REV 04-07 00520 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00520 - Agreement (Public Works) REV 04-07.doc A. The Work will be substantially completed on or before the 60th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions and 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 75th day after the date when the Contract Times commence to run ************************************************************************************************************ 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss 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 $1,148.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,148 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.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ /00/ // 9 • 0 D�/,/ Written Amount: One- Hundred / v[Ou/1d 0 /%e- ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments fi /1/'I e� �` /0 0 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. 6.02 Progress Payments. 00520 - Agreement (Public Works) REV 04-07 00520 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00520 - Agreement (Public Works) REV 04-07.doc 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 other than claims in stated amounts as may be specifically excepted by the 00520 - Agreement (Public Works) REV 04 07 00520 - 4 F:\Public WorksENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents\00520 - Agreement (Public Works) REV 04-07.doc 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. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D . CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\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 to00520-9, inclusive); 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pages 00610-1 to 00610-3, 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 00700-42, inclusive); 7. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered A0.10 through A6.11, inclusive, with each sheet bearing the following general title: Skeet and Trap Facility Improvements; 10. Addenda (numbers 1 to Y , 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 (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive) List of Subcontractors (page 00458-1 inclusive). 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 00520 - Agreement (Public Works) REV 04-07 00520 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documents\Contract Documents\00520 - Agreement (Public Works) REV 04-07.doc 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive) 16. 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). 17. Contractor's Final Certificate of the Work (page 00632 — 1 to 00632- 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 00520 - Agreement (Public Works) REV 04 07 00520 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00520 - Agreement (Public Works) REV 04-07.doc 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. 10.06 Other Provisions NOTE TO USER 1. Insert other provisions here if applicable. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 04-07 00520 - 8 F:\Public WorksENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdgVAdmim\bid documents\Contract Documents\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 March 11 120 14 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: B Peter D. O'B an, Chairman a)/11 sepfj'A. Baird, County Adin istrator APPROVED AS TO FOR SUFFI N_ Y: B ND LEGAL eingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: (SEAL) Deputy Clerk Designated Representative: Name. Christopher J. Kafer, Jr., P E Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 ••••E0 niM7"••. • �•s•••••••ssio CONTRACTOR: IT- -5cA B Attest (Co (CORPORATE SEAL) Address forgiving notices: /39-te ,33'4 Art_ Scc Ve ✓o tock FL 307-q-1 & s' License No. «claaS Qa-) (Where applicable) Agent for service of process: Designated Representative: Name. Title: Address: Phone: Facsimile: (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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdglAdmim\bid documents\Contract Documents\00520 - Agreement (Public Works) REV 04-07.doc SECTION 00550 - Notice to Proceed TO: Dated (BIDDER) ADDRESS: Contract For: Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I) IRC Project No: 1213 IRC Bid No. 2014026 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 60 days for Substantial Completion of this project and 75 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents100550 - Notice to Proceed REV 1-4-11.doc Rev. 05/01 Public Work .S.Chapter 255:05 (1}(a) ,. Cover_Page..: `. _.. THIS43OND156G1VEN TO COMPLY WITH. SECTION 255.05 OR SECTION -713:23 FLORIDA -STATUTES,=AND ANY ACTION = _ !NST1TUTED BY A:CLAIMANT. UNDER THIS BOND.FOR_PAYMENTMUST BE IN ACCORDANCE WITH THE NOTICEAND.TIME LIMITATION)PROVISIONS IN SECTION 25505(2) OR -SECTION .713.23IFLORIDA STATUTES. NO:. 105986690 2. BOND .c : 3120140018822 : RECORDE DIN THE PUBLIC RECORDS OF JEFFREY R SMITH,.CLERK.OF-COURT INDIANRIVERCOUNTY FL •7 - :BK: 2748 FG 1C40 Page 1. Of 4=4/22 0 1 4, 3:06 ;PM CONTRACTOR NAME: :: CONTRACTOR -ADDRESS: AgScape Services; II -1.11344 33rd'Ave:,' SW - • Yeta Beach; -FL 32968- 646 CONTRACTOR PHONENO: (772) 473-1072 :SURETY COMPANY NAME: TravelersCastialty and Surety Company of America SURETY PRINCIPAL One Tower Squazc BUSINTSS ADDRESSi Hartford; -04'06183 . SURETY PHONE NO: - (860) 277-0111 jAr ER NAME Indian Rivcr:C6drity OWN!.1 ADDRESS:. 1801:27th Strecf = OWNER -PHONE NO: OBLIGEE NAME:= (If contracting entity:is different from ` - the pit er, the contracting:public entity) OBLIGEE. ADDRESS: . OBLIGEE PIiONE NO: BOND AMOUNT: ' CONI ItACT:NO: (If applicable) .. .. . DESCRIPTION OF WORK:-'' PROJECT LOCATION;.".. • LBGA(in ESCRWTION: 616 _. ;...:Vero Beaeh,lF1' 32960 - • :S.100;119.00 Onc Hundred Thousand One Hundred :Nineteen and 00/100' r ', . .96 Indian River County Palle Shooting Ranee, Skeet R. Trap Facility Improvements (Phase 1) Dirt Bcrm Sod &Drainage 6.4 a0455'1021id:Terrace; Sebastian, • • • • .: appiica 1.1e)' ... FRt7M1CPAGG _. _ A71 other bond.pagc(s) arc deemed snbsequenttothis :page regardless of any page number(s) that may be printed thereon.• • 00610 ,2 - L • . - OOtit - -Public Construction:Bond:doe_ _ • - . F 1Ptiblie Works1ENGtNEERING DIVISION PROJECTS\1213=IRC Sh66116g Range-Skeet&'Trap.Improvemrits & Hunters •Train Bldgb4dmimlbid:documents\ContractDocilntents\oo610- PubiicConstructionBond.doc - • PUBLIC: CONSTRUCTION BOND BOhc ra:. 105981§690 :.. ., °; (enter bond number) BY THrs BOND We -- .AQ scapeServ,ces Inc = as Principal and: Travelers Casualty. and Surety Coinpany ofAmincaa CO : oration as:Suret are boundtto . ty rp y _ ndian!Rrver Goun herein called Owner Jr, the sum:of $100:119.00. - 4.See below; for payrrient of_.whlch=we_ bind ourselves, our heirs; personal representatives'. successors; and 'assigns,-jointly_and Severaily `One Hundred Thousand One Hundred. Nineteen and 00/l0'0' : _ THE CONDITION OF THIS BOND is that if Principal:L. .1 Performs the contract dated between Principal - and Owner .`for construction of Ind amRiver Couniy Public Shooting Ranee Skeet &Trap a i)ity lii provements the Contract being made a part of this bond_by:reterence;;at the..times and in r: thfrOanne.r prescribed:in°the_ contract :and.. 2.:: Promptly makes payments to all • claimants, as -defined in Section.255 05(1), .Flonda Statutes, supplying.Prmcipalwith-labor,.rnaterials, or supplies used directly or,indirectly_:. by Principal_in_ he prosecution of -the work provided for invthe contract^ and = •- 3.. Pays Qwner,all° losses; damages,; expenses, costs,' and attorneya fees, including eppellate:proceedings, that Owner sustains because of- a:-defauIt.by Principa .under the contract; arid: . 4 Perforrristhe guarantee of all work and matenals-furnished under the contract forthe time specified n the contract, theitthis bond,is void: otherwise if-retains.In full.force ...Any, - action .instituted_ by a :claimant under this band for .payment must be in accordance with the notice and_tlme lim_itation=ptovisions in-Section.Q55 65(2);:Florida:S.tatutes.:' Any .c -or hanges _in ._under the contract -documents and !compliance or: noncompliance With .any formalities connected with the' contract Or=the changes:does, not affect SUretytsm' obligation under this' -bond .. --DATED-ON: 3i2sh2o14 Ag-Soapc: ices Me. :_(Name of Pnnbipalr, • ::`TravclersCasualty and Surety Company of -Ari eriia°t .der (Name of Surety) • 444 1%4'1V; F:1Public WOrks\ENGINEERING DIVISION PRo3ECTS\1 Bldg;Adriiimlbid documentslContract:Documents100610 • • 00610 = Public Construction Bond.doe` . -: 213-IRC`Shoobng Rang_ Skeet 8 Trap Improvemnts &Hunters Train ` Public Construction -Bond doo era ed WARNING: THIS POWER OF ATTORNEY C.\ POWER OF IS INVALID WITHOUT THE RED BORDER ATTORNEY' -TRAVELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227168 Certificate No. 0 0 5 8 2 9 12 2 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint James N. Slear, John T. Foster, Lori A. King -Clyde, Robin Stites, and Dan Cusenza of the City of Lansing , State of Michigan their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or.proceedings allowed by law. 1 ' t ,;•, • IN da Y WITNESS WHEREOF, the Companies have caused of March 2014 this instrument to be signed and their•corporate seals to be hereto affixed, this 12th Farmington Casualty CompanySt. Paul Mercury Insurance Company Fidelity and Guaranty Insurance;.Company, ., Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and,Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company . St. Paul Guardian Insurance Company . iw uv,, • J eine a S TY 4N .. �TN....MSO �,n5u,44 . INSUgM•. SP%j^ !• CY V' oaPnvrr �' 19n G �`a'�ATtD 1951 y Ix / O ..9 p @.r" .•� '�GF�rymi CD �`+ .�•JP..........9' eporuir% ; O= Ej' O I' CRUM 1896 ‘4:44 /M•i Me ir/j. • State of Connecticut By: / City of Hartford ss. Robert L. Raney, enVice President On this the 12th day of March 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Gompanyjravelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to dojexecuted:the?foregoing �y instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. t,ty lat 1 k: s ° :, i : Pr t^ t • i‘040%/17.1.44;YtY lit } L 4: ° G.ET �4;� .- t r - •� ; I �n� , ,� t -i41 In Witness Whereof, I hereunto set my hand and official seal. `UviW w" t .I My Commission expires the 30th day of June, 2016. °MAC) * Marie C. Tetreault,Nota tplibbc t;LL T fi+f 4.7 -14F t 0'1 1.t.5!*, 61 �. * p oleft rrt.": ? t ;;;;It.-3:2-if..,t h t` ,' t is r � �'� {^ Gas z. r - t SnH } t ''' lttl♦n•C'�4 =;1 58440-8-12 Printed in U.S.A. � +��''•'atiy{le ,1 ;y + K WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER era ed WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty, Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian -Insurance - Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and'on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority. to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal. shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc , St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which. is in -full force and effect and has not been revoked. •- r. • . • r .\�+ ,tta, IN TESTIMONY WHEREOF, I have hereunto set my hand an,do affixed the•seals of said Companies this day of Kevin E Hughes, Assistant Seciitary ,20 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul GuardianJasurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognikances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority. to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation .of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United;States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, whi chis in' full force'and�effect and has not been revoked. ; i i IN TESTIMONY WHEREOF, I have hereunto set my hand and' ff*ed the seals of saidCompanies this day of 20 • • • s,.� P. IYSUq fati P:c'08PORTE-+.c�A ' n . izi ¢i SEAL Kevin E Hughes, Assistant Seci tary To verify the authenticity of this Power of Attorney, call 1-800 421 3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 3120140018822 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2748 PG: 1640, 4/2/2014 3 06 PM ;Public Work F.S. Chapter 255.05 (1)(a) Cover Page . • • • • • • 71•115i$OND;15;G,VEN TO COMPLY WITH SECTION 255.05 OR SECTION 713:23 •FLORIDA STATUTES, AND ANYACTION • •INSTITUTED BY:ACLAIMANT UNDER THIS-BOND.FOR PAYMENT MUST BE. IN. ACCORDANCE: WITH THE NOTICE•AND.TIME ,•LIMITATION PROVISIONS IN SECTION 255.05(2) OR.SECTION.713,23:FLORIDASTATUTES. : - ;;BOND IVO/05986690 .c CONTRACTOR NAME: ^ CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER.NA*:, INNER ADDRESS:. • Ag-Scape Service's, Inc. OWNER PHONE NO: OBLIGEE NAME:- : . Of contracting eaiity:is different from• • the owmier, flie enntr tin&.punkt entity) OBLIGEE. ADDRESS: • • • 1. OBLIGEE PHONENO:'• -BOND AMOUNT: CONTRACTNO: • RI applicable) •.. DESCRIPTION OF WORK. . EROJECTLOCATION:_' LEGADBS LCRiFTION: - •>4lfapptiabiel' =i : .. iii•=. ;1344 33id Vero Beach; -FL 32968 - ' '(772) 473.1072 • Travelers Casualty and Surety ComDanv of America One Tower Square : Hartford; CT•06183 • (860)277-011'1 ]ndian River County .1801. 27thStrect Vero Beach; F,L•32960' • • S 100, 119.1)0 One Hundred Thousand One Hundred Nmetccn and 00/100 • Indian River County Public Shooting Range-, Skeet & Trap Facility Improvements (Phase 1) Dirt Berm, Sod & Drainage ; : • • 1045S 102nd -Terrace; Sebastian, :FL • FRONT PAGE -_ All other boad'page(s)-are darned subsuent to this �psge,regardless of any page nnrnber(s) chat nny be printed Merton._ eq ... .. ... . • .00610 2: 00610 = Public Conetitiaibn:ache:dec. F:\P:ubUciWork51ENG1NEERING DIVISION PRQJECTS11213-1RC Shooting Range -Skeet'& Trap.Impmvemrits 8 Hunters Train Bd drnimlbiddocumentn1ContradDoouments\00510-Public Consuuction_Bon- d.doc • A TRUE COPY CERTIFICATION ON LAST PAGE tl R. SMITH, CLERK 1 BK: 2748 PG: 1641 • • • • • PUBLIC CONSTRUCTION BOND - • Bond :NO. 16598s69o.::. (enterbond-nurnber) • BY THIS -BOND,. We Ag -scene servtaes me - ; as Principal and : Tavelers Casualty and Surety Company of Awenca' a corporation, as Surety, are bound•t0• 'Indian RtverCounty herein called Owner !in the sum of $1oo,n9:oo `;.seebelow for payment of.Whieht;we bind ourselves; our heirs personal representatives, successors; and. assigns, jointly ani '$ev@felly:; : _ _•One Hundred Tbousand.0ne hund4 .4red Nineteen and -09090 ' ;TH CPNDITION OF THIS BON D lsrthat lf.Pnncipal: - -. 1. Performs the contract dated ; ... .. - - between Principal :and :Owner :for . -CCnstridtlon of lnd'an•Ri er County Pdbl'cSAooting Range, Skeet &'Trap_Facility'lrnprovements•the contract' been (Pno 4 ... g . made a part of this bond by refecence;.at.the:firrles and in the;rnanner:prescribed.inahe.. contract; and . - 2: •'Promptly makes payments:to all•claimants,:. defined in:Section 255.05(1) .Flonda Statutes, supplying Pnncipalwtfh labor;; materials or -supplies used directly or.indirectly... by Pnncipai_imthe prosecution sof the work provided for in,the Contract, and 3.4: Pays. Owner, alt losses damages,- expenses,` costs and°attorney's _fees, including appellate, proceedings,=that Owner sustains because of a.•default,by. Pnn�cipal undorthe : contract, and - - .i. J. . 4:..Performs the guarantee of all work and materials.�furnished under.the.contract'for the itime speeified in.the-contract, then,ahis•bond:is void; :otherwise it remains in full-fotbe Any. action instituted by.a Ttlairiii.nt under this band for payment must titin accordance LL with the -notice and ttme limitation provisions in Setion255 b5(2) Flonda:S.tatutes; :. Any changes in ..or under the contract documents and Gorrmpkance or; noncompl anee- with any; formalities,conr ectect,t0h the contract or the changesdoes; not affect Surety§ :obligation•underthisbnna.. .: • -- I.- : - 44 4 DRTEO&ON :3123/i014 .. .. ' Ag Scap hits, the.. By.. 'Travelers_Cesual.ty and SuretyCompany of • =(Name of Surety)'` • FAPublic Worts\ENGINEERING DNISION PRD3ECT511213=IRC SttgotitigRangeSkeet:8: BklglAdmirittbid:documenteNContract:DocvmentApi310 .- Qubllc Construction Bond doc -66es p =Public Construction Bond.doe' ' Trap:lrnprwemnts 8: Hunters Train A 1 ROE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 2748 PG: 1642 •TRJ4'ELERS J WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227168 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005829122 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint James N. Slear, John T. Foster, Lori A. King -Clyde, Robin Stites, and Dan Cusenza of the City of Lansing State of Michigan their true and lawful Attorney(s)-in-Fact each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their_business of.guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted' in any actions orproceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument day of March 2014 State of Connecticut City of Hartford ss. • • a. gi to besigned-and their corporate seals to be hereto affixed, this 12th Farmington Casualty Copany' m Fidelity and Guarantyinsurance CoMpany.t Fidelity and Guaranty Insuiapce Underwiiters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company • St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L. Raney, - nior Vice President On this the 12th day of March 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety.gpmpapy :Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do eadLUteed regoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. S t'''"` In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. Marie C. Tetreautr iQb stP ; sb WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4 A TRUE CGPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 2748 PG: 1643 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardianatstrance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authorityto one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed -(under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies;-which_is in full force'i gtid effect and has not been revoked. _.} r•' t� ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said:Companies this day of 20 • _. Kevin E. Hughes, Assistant Secs' tary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travclersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. VITEOFRON A INDIAN RIVER COUNTY THIS IS TO CERTIFY THAI COPY OF THE ORIGINAL ON ORIGINAL MAY HAVE REDA IN FLORIDA STATUE 1I AMIE AND CORREt RI TINS OFFICE.THIS INFORMATION AS STAT® WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 03/17/2014 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(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 lieu of such endorsement(s). PRODUCER William H Winchester Winchester Insurance, Inc. 1425 W. Broadway (S.R. 426) P.O. Box 620969 Oviedo FL 32762-0969 CONTACT Peggy g9Y Peterson PHONE INC. No ExO: (407) 365-5656 FAX IA/C, No): ({07) 366-0031 E-MAILSS: peggy@winchesterinsurance. com INSURER(S) AFFORDING COVERAGE NAIL # INSURED AG-SCAPE Services, Inc. 1344 33rd Avenue SW Indian River Vero Beach FL 32968 - INSURER A:Maxum Indemnity Insurance Co INSURER B : 26743 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER' • CERTIFICATE HOLDER CANCELLATION (772) 226-1575 Jennifer Hyde (772) 770-5140 Indian River County Purchasing Division 1800 27th Street Vero Beach FL 32960 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS, AUTHORIZED REPRESENTATIVE "94 # ACORD 25 (2010/05) INS025 (201005).01 1988-2010 ACORD CORPORATION. All nghts reserved. The ACORD name and logo are registered marks of ACORD THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBERLIMITS I POLICY M Mlpp/YYYY1 EFF POLICY EXP I M M /Dp/Yl'YYl A . GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS -MADE LIABILITY Y Y BDG 3004560-01 01/15/2014 / / / / / / / / / / / / 01/15/2015 / / / / / / / / / / / / EACH OCCURRENCE $ '1,000,000 X DAMAGETO RENTED PREMISES (Ea occurrence) $ 100, 000 X OCCUR MED EXP (Any one person) $ 1, 000 PERSONAL & ADV INJURY $ 1, 000, 000 X 1,000 BI&PD Deductible GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: O- POLICY n JE T n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 X l $ AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON AUTOS -OWNED / / / / / / / / / 1 / / / / / / / / / / {EO aaBIINdEDtSINGLE LIMIT ) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY (Per accident) DAMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE / / / / / / / / / / / / EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ Completed Operations Agg $ WORKERS ANO EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory 11 yes, describe DESCRIPTION COMPENSATION UABILITY EXCLUDED? In NH) under OF OPERATIONS below Y / N N / A / / / / / / / / / / / / / / / / WC STATU- TORY I IMITS I 10TH l ER - E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Contractors Equipment Rented and Leased Equip Y SDG 3004560-01 as per Reported 01/15/2014 / / 01/15/2015 / / 1000 Deductible 1000 Deductible 981450 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, PROJECT:Indian River County Shooting Range The Board of Trustees of the Internal Improvement Fund for Department of Environmental Protection and The Florida Fish additional insureds. Please see attached endorsement If more space is the State and Wildlife required) of Florida, Conservation The State of Florida Commision are CERTIFICATE HOLDER CANCELLATION (772) 226-1575 Jennifer Hyde (772) 770-5140 Indian River County Purchasing Division 1800 27th Street Vero Beach FL 32960 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS, AUTHORIZED REPRESENTATIVE "94 # ACORD 25 (2010/05) INS025 (201005).01 1988-2010 ACORD CORPORATION. All nghts reserved. The ACORD name and logo are registered marks of ACORD ACORO® CERTIFICATE OF LIABILITY INSURANCE IDATE(MM/DD/YYYY) 04/02/2014 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). PRODUCER William H Winchester Winchester Insurance, Inc. 1425 W. Broadway (S.R. 426) P.O. Box 620969 Oviedo FL 32762-0969 INSURED AG-SCAPE Services, Inc. 1344 33rd Avenue SW Indian River Vero Beach FL 32968 - CONTACT NAME: PeggyPeterson PHONE (407) 365-5656 INC No. Frtl• FAX IAIC. (407) 366-0031 Nol: E-MAILDSS: peggy@winchesterinsurance . com INSURERS) AFFORDING COVERAGE NAIC 0 INSURER A INSURER B :Maxum Indemnity Insurance Co Madison Insurance Company 26743 10702 INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: • CERTIFICATE HOLDER CANCELL (772) 226-1418 Diane Indian 1800 Vero Feshoh River County 27th St Beach I (772) 770-5140 THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADOL INSR SUBR Wyr POLICY NUMBER (MMIDD/YYYY) POLICY EFF (MMIDD/YYYY) POLICY EXP LIMITS A GENERALLIABIUTY GENERAL -MADE LIABILITY y y BDG 3004560-01 01/15/2014 / / / / / / / / / / / / 01/15/2015 / / / / / / / / / / / / EACH OCCURRENCE $ 1,0001000 X COMMERCIAL DAMAGE TO RENTED PREMISES (Ea occurrence) S 100,000 CLAIMS X OCCUR MED EXP (Any one person) $ 1, 000 PERSONAL & ADV INJURY $ 1,000,000 X 1,000 BI&PD Deductible GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: n JE T n LOC PRODUCTS - COMP/OP AGG S 2, 000, 000 POLICY S AUTOMOBILE LIABILITY AUTO / / / / / / / / COMBINED (Ea accident) SINGLE LIMIT $ ANY BODILY INJURY (Per person) S _ ALL OWNED AUTOS SCHEDULED AUTOS / / / / BODILY INJURY (Per accident) S HIRED AUTOS _ NON -OWNED AUTOS / / / / PROPERTY DAMAGE (Per accident) $ _ / / / / S UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE / / / / / / / / / / / / EACH OCCURRENCE S AGGREGATE S DED 1 RETENTION S Completed Operations Agg S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y 1 N N /A WIN 7619 2014 01 94/01/2014 / / / / / / 04/01/2015 / / / / / / X I TORY WCSTATU-S OMIT 1 IOTH- ER E.L. EACH ACCIDENT S 1 000,000 Y E.L. DISEASE - EA EMPLOYEES 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Contractors Equipment Rented and Leased Equip Y BDG 3004560-01 as per Reported 01/15/2014 / / 01/15/2015 / / 1000 Deductible 1000 Deductible 98,450 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Indian River Shooting Range Project 2014026 CERTIFICATE HOLDER CANCELL ACORD 25(2010/05) INS025 (201005).01 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD (772) 226-1418 Diane Indian 1800 Vero Feshoh River County 27th St Beach I (772) 770-5140 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. FL 32960- AUTHORIZED REPRESENTATIVE "IL 11( arnatreass ACORD 25(2010/05) INS025 (201005).01 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD UJ/19/2U14 13:U4 2399922957 CERTIFICATE OF INSURANCE RICH MATHEWS AGENCY PAGE 01/01 SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GNING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that 0 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: ■ ■ NAMED INSURED: AG-Scape Services Inc ADDRESS OF NAMED INSURED: 440 45" Ave, Vero Beach, FL 32968 POLICY NUMBER 985-5757-F08 985-5758-F08 EFFECTIVE DATE OF POLICY 12/08/13-06/08/141 DESCRIPTION OF VEHICLE (Including VIN) 2009 Chevrolet C2500 1GCa.C43K69F179444 12/08/13-06/08/14 2008 Chevrolet K2500 1GCHX2364$F200090 LIABILITY COVERAGE YES Q NO ® YES ■ NO YES ■ NO j] YES I] NO LIMITS OF LIABILITY a Bodily Injury Each Person 1MM Each Accident IMM b. Property Damage Each Accident c. Bodily Injury & Property Damage Single Limit Each Accident 1Mm PHYSICAL DAMAGE COVERAGES a. Comprehensive b. Collision EMPLOYERS NONCANSED CAR LIABIL TY COVERAGE HIRED CAR LIABILITY COVERAGE FLEET -COVERAGE FOR ALLOVVPEDAND UCENSED MOTOR VEHICLES YES $1000 YES $ 1000 ►: ►s' NO Deductible ❑ NO Deductthle YES Q NO YES NO ® YES $ 1000 YES $ 1000 YES ■ NO Deductible NO Deductible ■ NO ❑ YES $ YES Q NO ■ YES YES YES NO Deductible NO Deductible ■ ■ NO ■ YES AYES ❑ YES YES. 0NO ■ [] NO Deductible DNO Deducible j] NO (] NO ■ YES ® NO ❑ YES Signature ofALItorixed Representative Name and Address of Certificate Holder Additional Insured: Indian River County Florida 1900 27" Street Vero Beach, FL 32960 NO ■ YES ■ NO []YES Agent 6832 TWO Agent's Cede Matter Name and Address of Agent . (] NO 03/17/2013 Date The Board of Trustees of the Internal Improvement Fund of the State of Florida The State of Florida Department of Environmental Protections The Florida Fish. and Wildlife Conservation Comnass1on. RICH MATHEWS AGENCY STATE FARM INSURANCE COMPANY 9510 Corkscrew Palms Circle, Suite 4 Estero FL, 33929-7697 ACORO® EVIDENCE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) 03/26/2014 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY (A/ PHC.NNEo. Ext):+1 407 365 5656 WINCHESTER INSURANCE, INC. PO BOX 620969 OVIEDO, FL 32762-0969 FAX(NC, No): +1 407 366 0031 I E-MAILDSS: maureen@winchesterinsurance.com CODE: 02073500 LSUB CODE: AGENCY cUSI9MER IPJ INSURED AG-Scape Services, Inc. 1344 33rd Avenue SW Vero Beach, FL 32968 COMPANY American Zurich Insurance Company LOAN NUMBER POLICY NUMBER BR06466819 EFFECTIVE DATE 04/07/2014 EXPIRATION DATE 04/07/2015 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION 10455 102nd Terrace Sebastian, FL 32958 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk Coverage Form Any One Building or Structure All Covered Property at all Locations $100,119 $100,119 $1,000 REMARKS (Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST NAME AND ADDRESS Indian River Purchasing 1800 27th Street Vero Beach, FL 32960 MORTGAGEE LOSS PAYEE 7C ADDITIONAL INSURED LOAN # AUTHORIZED REPRESENTATIVE ACORD 27 (2006/07) ACORD CORPORATION 1993-2006. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00622 - Contractor's Application for Payment Indian River County Public Shooting Range (Phase I) Skeet and Trap Facility Improvements Application for Payment No. For Work Accomplished through the period of through • To: Indian River County (OWNER) From. (CONTRACTOR) B id No.: 2014026 P roject No.: 1213 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 V1213 -IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documentsl00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 2. Updated Construction Schedule per Specification Section 01310, and D ated By: S TATE OF FLORIDA COUNTY OF INDIAN RIVER Page 2of5 (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title B efore 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 P ayment 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 me this day of , 20 is personally known to me or has produced as identification. (SEAL) NOTARY PUBLIC: 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 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg1Admim\bid documents\Contract Documents100622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 3 of 5 S URETY'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: S ecretary Corporate Surety S TATE OF FLORIDA COUNTY OF INDIAN RIVER Business Address BY* Print Name. Title: (Affix Corporate SEAL) 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 4of5 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 matenals 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 certifying as to whether or not the Contractor has paid all subcontractors, laborers, matenalmen 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00622 - Contractors Application for Payment - 03-10 rev.doc Rev. 05/01 Page 5of5 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 of lien form (partial or final as applicable) is not included with this Pay 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 PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 VI O L C O U 0 O i c cuE u 0 0 R c O U C 0) 7 V O U U v -o H w 06 0) O a F d N 0) COA K 110 O O G< 1-4m N F 6-g W CC a a E Z x O w (n y > (1) t l7 PCZ R a w W ea Z E z W (p a Y 1.- OLm 4O C O u 3 u a a i a LL Q TOTAL I 0.00 $0.00 a o a 0 0 c 0 a 0 o 0 as 0 0 0 0 • ca a $0.00 I BALANCE1 QUANTITY AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUIS -TOTAL MATERIALS STORED AND COMPLETED TO DATE m RETAINAGE AT IO% TOTAL COMPLETED AND STORED LESS RETAINAGE a) LESS PREVIOUS PAYMENT rn AMOUNT DUE CONTRACTOR STORED T G O —yam gm 1 TOTAL COMPLETED QUANTITY , TOTAL 0.00 I t WORK COMPLETE THIS PERIOD QUANTITY J TOTAL _ m 0 0 PREVIOUS SCHEDULED VALUE APPLICATION Unit Price Amount I QUANTITY TOTAL f Pa 0.00 i O O m i 0.00 SUBTOTAL 1 TOTAL Item No. I Description I Unit I Quantity r. SUBTOTAL - r4? FORCE ACCOUNT 1 LS r GRAND TOTAL VI O L C O U 0 O i c cuE u 0 0 R c O U C 0) 7 V O U U v -o H w 06 0) O a F d N 0) COA K 110 O O G< 1-4m N F 6-g W CC a a E Z x O w (n y > (1) t l7 PCZ R a w W ea Z E z W (p a Y 1.- OLm 4O C O u 3 u a a i a LL Q SECTION 00630 - Certificate of Substantial Completion D ate of Issuance: , 20 OWNER* Indian River County CONTRACTOR: B id No.: 2014026 P roject Description: Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I. Project No. 1213 CONTRACT FOR: Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: • Tow OWNER And Tow 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 PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Hdmim\bid documents\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: n 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 D ocuments nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: (Date). E NGINEER: 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 B y: (Authorized Signature) **END OF SECTION** 00630 - Certificate of Substantial Completion REV 04-07.doc 00630 - 2 F:\Public Works1ENGINEERING DIVISION PROJECTSVI213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admimlbid documents\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) PROJECT NAME INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE — SKEET AND TRAP FACILITY IMPROVEMENTS (Phase I) IRC PROJECT NO: 1213 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. 00632-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documents\Contract Documents\00632 - Contractors Final Certification REV 04-07.doc 5. The Work is complete and ready for final acceptance by the OWNER 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) (Contractor) Subscribed and sworn to before me this _ day of Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + ,20 00632-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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: INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE - SKEET AND TRAP FACILITY IMPROVEMENTS (PHASE I) INDIAN RIVER COUNTY PROJECT: #1213 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] CERTIFIED BY• (SURVEYOR'S SEAL) 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 1.DOC 00634 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00634--1.DOC Rev. 06/01 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 practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General 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 5 1.02 Terminology 7. ARTICLE 2 - PRELIMINARY MATTERS 8 2.01 Delivery of Bonds 8 2.02 Copies of Documents 8 2.03 Commencement of Contract Times, Notice to Proceed 8 2.04 Starting the Work 8 2.05 Before Starting Construction 8 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 9 3.01 Intent 9 3.02 Reference Standards 9 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 10 3.05 Reuse of Documents 10 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 10 4.01 Availability of Lands 10 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 11 4.04 Underground Facilities 12 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 - BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 14 5.03 Certificates of Insurance 14 5.04 CONTRACTOR's Liability Insurance 14 5.05 OWNER's Liability Insurance 15 5.06 Property Insurance 15 5.07 Waiver of Rights 16 5.08 Receipt and Application of Insurance Proceeds 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 17 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 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" 18 6.07 Patent Fees and Royalties 21 00700 - General Conditions REV 5-10-13.doc 00700 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - General Conditions REV S-10-13.doc 6.08 Permits 21 6.09 Laws and Regulations 21 6.10 Taxes 21 6.11 Use of Site and Other Areas 21 6.13 Safety and Protection 22 6.14 Safety Representative 22 6.15 Hazard Communication Programs 23 6.16 Emergencies 23 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 6.19 CONTRACTOR's General Warranty and Guarantee 24 6.20 Indemnification 24 ARTICLE 7 - 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 8.05 Lands and Easements; Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on OWNER's Responsibilities 26 8.10 Undisclosed Hazardous Environmental Condition 26 8.11 Evidence of Financial Arrangements 26 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 27 9.06 Rejecting Defective Work 27 9.07 Shop Drawings, Change Orders and Payments 27 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 - CHANGES IN THE WORK; CLAIMS 28 10.01 Authorized Changes in the Work 28 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims and Disputes 42 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Cash Allowances 31 11.03 Unit Price Work 32 00700 - General Conditions REV 5-10-13.doc 00700 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents \Contract Documents\00700 - General Conditions REV 5.10-13.doc ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12 02 Change of Contract Times 33 12.03 Delays Beyond CONTRACTOR's Control 33 12.04 Delays Within CONTRACTOR's Control 33 12.06 Delay Damages 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 34 13.01 Notice of Defects 34 13.02 Access to Work 34 13.03 Tests and Inspections 34 13.04 Uncovering Work 34 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 35 13.09 OWNER May Correct Defective Work 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 CONTRACTOR's Warranty of Title 38 14.04 Substantial Completion 38 14.05 Partial Utilization 38 14.06 Final Inspection 39 14.07 Final Payment 39 14.08 Final Completion Delayed 41 14.09 Waiver of Claims 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 40 15.01 OWNER May Suspend Work 40 15.02 OWNER May Terminate for Cause 40 15.03 OWNER May Terminate For Convenience 41 15.04 CONTRACTOR May Stop Work or Terminate 41 ARTICLE 16 - DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 ARTICLE 17 - MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 17.03 Cumulative Remedies 42 17.04 Survival of Obligations 42 17.05 Controlling Law 42 00700 - General Conditions REV 5-10-13.doc 00700 - 4 F:Wublic Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\btd documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents 2. Agreement—The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment—The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupa- tional Safety and Health Administration. 5. Bid—The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7 Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds—Performance and payment bonds and other instruments of security. 9. Change Order—A document recommend ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations or agreements, whether written or oral 12. Contract Documents—The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments Change Orders, Work. Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings. of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment 15. CONTRACTOR—The individual or entity with whom OWNER has entered into the Agreement 16. Cost of the Work—See paragraph 11.01.A for definition. 00700 - General Conditions REV 5-10-13.doc 00700 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc 17. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent and character of the Work to be performed by CONTRACTOR Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18 Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19 ENGINEER—The individual or entity n amed as such in the Agreement. e ntity having a contract with ENGINEErnish services as ENGINEER's in•-•- sent professional associate or consul _ • • respect to the Project and who is - - ied as such in the Supplementary 21. Field Order—A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions—Any egulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies agencies, authorities, and courts having jurisdiction. 26 Liens—Charges, security interests, or e ncumbrances upon Project funds, real property, or personal property. 27. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- tion of all the Work. 28. Notice of Award—The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein OWNER will sign and deliver the Agreement. 29. Notice to Proceed—A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER—The individual, entity, public body, or authority with whom CONTRACTOR has e ntered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization—Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs—Polychlorinated biphenyls. 33. Petroleum—Petroleum, including crude oil o r any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as maybe indicated elsewhere in the Contract Documents. 35. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material—Source, special n uclear, or byproduct material as defined by .the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative—The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 00700 General Conditions REV 5-10-13.doc 00700 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmimlbid documents\Contract Documents\00700 - General Conditions REV 5-1O-13.doc CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site—Lands or areas indicated in the Contract Documents as being fumished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications—That part of the Contract Documents consisting of written technical descriptions of materials, equipment systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor—An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and 'substantially completed' as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work—Work to be paid for on the basis of unit prices. 48. Work—The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive—A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment—A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non -engineering or non technical rather than strictly construction related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved,' or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper,' "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 00700 - General Conditions REV 5-10-13.doc 00700 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc C. Defective 1. The word "defective," when modifying the word "Work,' refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or Site (or some other specified location) ready for condition. 2. The word "install," when used in connection with services materials, or equipment, shall mean to put into use or place an final position said services materials or use: 3. The words "perform" or "provide," when used in connection with services, and install said services materials, or use -- 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide' is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement In no event will the Contract Times commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby, however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 00700 - General Conditions REV 5-10-13.doc 00700 - 8 F:1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. the Site is started, CONTRACTOR and OWNE- - all each deliver to the other, with copi-: o each additional insured identified in ti - upplementary Conditions, certificates of urance (and other evidence of insurance ich either of them or any additional insur- may reasonably request) which CONTRA •' and OWNER respectively are 2.06 Preconstruction Conference A. Within 20 days after the Contract Times tart to run, but before any Work at the Site i rted, a conference attended by CONTRACT ENGINEER, and others as appropriate wil held to establish a working understanding ong the parties as to the Work and to disc a schedules referred to in para- graph 2.05rocedures for handling Shop Drawings and er submittals, processing Applications for yment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- NEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all 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 Documents. Any labor, documentation, services materials, or equipment .that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of . the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code or any instruction of a Supplier shall be effective to change the 00700 - General Conditions REV 5-10-13.doc 00700 - 9 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100700 - General Conditions REV 5-10.13.doc duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants agents, or employ- ees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or anyduty or authority to u ndertake responsibility inconsistent with the provisions of the Contract Documents. 3:03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, e rror, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard specification, manual or code, or of any instruction of any Supplier CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by o ne of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 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: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in o ne or more of the following ways (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (1) a Field Order; (ii) E NGINEER's approval of a Shop Drawing or Sample; o r (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents • A. CONTRACTOR and any Subcontractor or S upplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including e lectronic media editions; and (ii) shall not reuse any of such Drawings, Specifications other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific wntten verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. N othing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall n otify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price o r Contract Times, or both as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may 00700 - General Conditions REV 5-10-13 doc 00700 - 10 F:\Public Works ENGINEERING DIVISION PROJECTS\12131IRC Shooting Range -Skeet 8 Trap Improvemnts 8 Hunters Train Bldg\Admim\bid documents\Contract Documents00700 - General Conditions REV 5-10-13.doc make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data' is identified in the Supplementa- ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4, is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inher ent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03 A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11 03. 00700 - General Conditions REV 5-10-13.doc 00700 - 11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts 8 Hunters Train BldgWdmim\bid documents\Contract Documents \00700 - General Conditions REV 5-10-13.doc 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as re- quired by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers architects attorneys and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to. OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2 the cost of all of the following will be included in the Contract Price and CONTRAC- TOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents. c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6 16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGI- N EER. ENGINEER will promptly review the U nderground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2 If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any U nderground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10 05. 00700 - General Conditions REV 5-10-13.doc 00700 - 12 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bidg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely u pon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance o n such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1 the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in writing) OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or o n the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions u nder which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- 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- 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 portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 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 consultants, and subcontractors of each and any of 00700 General Conditions REV 5-10-13.doc 00700 - 13 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or . by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual s or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds in an amount at least equal to the Contract Price as security for the faithful perfor mance and payment of all CONTRACTOR'o obligations under the Contract Documents. These Bonds shall remain in effect at least until one year except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as arc required by the B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Com- panies 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. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 501.Band5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed o r authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies mentary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRA is required to purchase and maintain. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise o ut of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations u nder the Contract Documents, whether it is to be per- formed by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 00700 General Conditions REV 5-10-13.doc 00700 - 14 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located including Toss of use resulting therefrom and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall* 1. with respect to insurance required by paragraphs 5.04 A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Condi- 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 additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance;• 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6 20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the S upplementary Conditions to whom a certificate of insurance has been issued (and . the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07 and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the S upplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required . he provided by CONTRACTOR under par- e -p 5.04, OWNER, at OWNER's option - -y purchase and maintain at OWNER's - - se OWNER's own liability insurance as protect OWNER against claims which - arise from operations under the Contract uments. 5.06 Property Insurance A. Unless otherwise provided in the Supple mentary Conditions, OWNER shall purchase and In the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall* 1 include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, E NGINEER's Consultants, and any other individuals or entities identified in the S upplementary Conditions, and the officers, 00700 - General Conditions REV 5-10-13.doc 00700 - 15 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc directors, partners, employees, agents, and and any of them, each of whom is deemed to have an insurable interest and shall be listed as 2. be written on a Builder's Risk "all risk" rary buildings, false work, and materials and least the following perils or causes of loss: fire, • • • • forcemeat of Laws and Regulations, water damage, and such other perils or causes of loos as may be specifically required by thc 3. include expenses incurred in the repair or replacement of any insured property • :►t • a • • ENGINEER; 5. allow for partial utilization of the Work by-QWN R; 6. include testing and startup; and be maintained in effect until final pay writing by OWNER, CONTRACTOR, and insurance has been issued. B. OWNER shall purchase and maintain such insurance as may be required by the Supplementary the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul tants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is listed as an insured or additional insured. C. All the policies of insurance (and thc ccrtifi Dates or other evidence thereof) required to be pur 5.06 will contain a provision or endorsement that thc coverage afforded will not be canceled or materially whom a certificate of insurance has been isvued and z 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 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 borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing .that insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, TOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul tants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants policies and will provide primary coveragefor all losses and damages caused by the perils or causes of provisions to the effect that in the event of payment of any lose or damage the insurers will have no rights of insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and thei r respective officers, directors, partners, employees, • so perils or causes of In covered by such policies and and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be fisted 00700 - General Conditions REV 5-10-13.doc 00700 - 16 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc directors, partners, employees, agents, and other them) under such policies for losses and damages so trustee or otherwise payable under any policy ,o isvued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, MP re loos due to busincsc interruption, loso beyond direct physical loss or damage to arising out of, or resulting from fire or other peril 2. Iosc or damage to thc completed Pro ject or part thereof caused by, arising out of, or muse of low covered by any property or part thereof by OWNER during partial utilization pursuant to paragraph 11.05, after 11.01, or after final payment pursuant to C. Any insurance policy maintained by OWNER referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, thc CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of fiduciary for the insureds, as their interests may • • ._ •- • 1 , • agreement as the parties in interest may reach. If no Work shall be repaired or replaced, the moneys so and the cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any losc with thc insurers unlcsc ono exercise of this power. If such objection be made, parties in interest may reach. If ne such agreement fiduciary shall adjust and settle the Toss with the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any -- • • • . • _ -• •— a • • a • receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other la • Bonds and insurance required of such party by thc party in writing of such failure to purchase prior to thc any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. 00700 - General Conditions REV S-1O-13.doc 00700 - 17 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet 8 Trap Improvemnts 8 Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01. Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written .notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR All communications given to or received from the superintendent shall be binding on CONTRACTOR 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- ments CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's wntten consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance testing start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source kind, and quality of materials and equipment. All materials and equipment shall be stored applied installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the. applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12 Such adjustments may only be made by a Change Order or Written Amendment in accor- dance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 00700 - General Conditions REV 5-10-13.doc 00700 - 18 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdgV+dmim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc 1. "Or -Equal" Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that (t) it is at least equal in quality, durability appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A 1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state, the extent, if any to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on .the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substi- tute item in connection with the Work is sub- ject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair and replacement services will be indicated. The application will also contain ah itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means method, technique, sequence, or procedure of construction approved by ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05 A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs aragraphs 6 05.A and 6.05 B. ENGINEER will be the sole judge of acceptability No ' or -equal or substitute will be ordered installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal.' ENGINEER will advise 00700 - General Conditions REV 5-10 13 doc 00700 - 19 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Hdmim\bid documents\Contrail Documents\00700 - General Conditions REV 5-1O-13.doc CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6 05.A.2 and 6 05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER s Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.8), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- able objection B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such .Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable o bjection after due investigation CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or e ntity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initiallyor as a replacement shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors Suppliers, and other individuals or e ntities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual o r entity any contractual relationship between OWNER o r ENGINEER and any such Subcontractor, Supplier o r other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or e ntity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E CONTRACTOR shall require all Subcontrac- tors, Suppliers and such other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among S ubcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a S ubcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor o r Supplier will contain provisions whereby the S ubcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by arising o ut of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the 00700 - General Conditions REV 5-10-13.doc 00700 - 20 F:1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all .costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A CONTRACTOR shall give all _notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR s compli- ance with any Laws or Regulations 00700 - 21 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc B . If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws o r Regulations, CONTRACTOR shall bear all claims, costs losses, and damages (including but not limited to all fees and charges of engineers, architects attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations but this shall n ot relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price o r Contract Times If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consum- er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. B . OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas A Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage `to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work: 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by 00700 - Gene al Conditions REV 5-10-13.doc negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris Removal and disposal of such waste mater als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change O rders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- N EER for reference. Upon completion of the Work, these record documents, Samples, and Shop D rawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage injury or loss to: 1. all persons. on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures utilities, and Underground Facilities not designated . for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or Toss; and shall erect. and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications o r to the acts or omissions of OWNER or ENGINEER o r ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable; and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.8 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative 00700 - General Conditions REV 5-10-13.doc 00700 - 22 F:1Public Works1ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet 8 Trap Improvemnts & Hunters Train BIdg'Admim\bid documents\Contracl Documents100700 - General Conditions REV 5-10-13.doc A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be- tween or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17 E B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6 17 E The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog n umbers, and similar information with respect thereto; b. all materials with respect to intended u se, fabrication, shipping, handling, storage assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop D rawing or Sample with other Shop D rawings and Samples and with the requirements of the Work and the Contract Documents 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such vanations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation E ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to 00700 - General Conditions REV 5-10-13.doc 00700 - 23 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13 doc ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER s attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements except as permitted by paragraph 15 04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity .for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and 00700 - General Conditions REV 5-10-13.doc 00700 - 24 F:\Pubiic Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg \Hdmim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13 doc against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance_ of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless of the negligence of any such individual or entity. B In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable the indemnification obligation under paragraph 6.20 A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees agents and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR • shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with 00700 - 25 F:1Public Works\ENGINEERING DIVISION PROJECTS 1213 -IRC Shooting Range -Skeet S. Trap Improvemnts General Conditions REV 5-10-13.doc 00700 - General Conditions REV 5-10-13 doc & Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized, and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4 05. Paragraph 4.02 refers to OWNER's F:1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range-Ske General Conditions REV 5-10-13.doc identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER s obligations under the Contract Documents, OWNER s responsibility in respect thereof will be as set forth in the Supplementary Conditions. 00700 - General Conditions REV 5-10-13.doc 00700 - 26 et & Trap Improvemnts & Hunters Train BldglAdmim\bid documents\Contract Dowments100700 - ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER s representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the vanous stages of construc- tion as ENGINEER deems necessary in order to o bserve as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will. determine in general if the Work is proceeding in accordance with the Con- tract Documents. ENGINEER will not be requiredto make exhaustive or continuous inspections on the S ite to check the quality or quantity of the Work ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and o bservations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation during or as a result of ENGINEER's visits or observations of CONTRACTOR s Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, o r the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- N EER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident P roject Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- 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 such other individual or entity will be as provided in the Supplementary Conditions 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05 9.06 Rejecting Defective Work A ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integnty of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6 17. 00700 - General Conditions REV 5-10-13.doc 00700 - 27 F:1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgtAdmimlbid documents Contract Documents\00700 General Conditions REV 5-10-13.doc• B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the ContractPriceor Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision B. When functioning as interpreter and judge under this paragraph 9 09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENG/NEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the u ndertaking, exercise, or performance of any authority o r responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B . ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual o r entity performing any of the Work. D . ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules guarantees, Bonds, certificates of inspection tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibil- ity set forth in this paragraph 9 10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may at any time o r from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a 00700 - General Conditions REV 5-10-13.doc 00700 - 28 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admimtbid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10 01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER s correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10 05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared . in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accom- panied by claimants written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party if any ENGINEER's written decision on such Claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered; by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 00700- General Conditions REV 5-10-13 doc 00700 - 29 F:\Public Works ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc 10.05.8, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.8. 1. Payroll costs for employees in thc direct employ of CONTRACTOR in thc porfor mance of the Work under schedules of fob classifications agreed upon by OWNER and without limitation superintendents, foremen, Site. Payroll costs for employees not employed the basis of their time spent on the Work. calories and wages plus thc cost of fringe benefits which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, s,ek-lei regular working hours, on Saturday, Sunday, or the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER 00700 - 30 F:1Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts General Conditions REV 5-10-13.doc deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and retums from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this para- graph 11.01. 4. Costs of special consultants (including but not limited . to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. c. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 00700 - General Conditions REV 5-10-13.doc & Hunters Train BIdg\Admim\bid documents\Contract Documents\00700 - d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations e . Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly e mployed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly e mployed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required . by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items. 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, • purchasing and contracting agents, expediters timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's princi- pal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR, for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11 01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be 00700 - General Conditions REV 5-10-13.doc 00700 - 31 F:\Public Works ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents \00700 - General Conditions REV 5-10-13.doc acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site and all applicable taxes; and 2 CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in 00700 - 32 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- graph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Pnce will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit pnces to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sumis not reached under paragraph 12.01.B.2 on the basis of the Cost of the Work (determined as provided in paragraph 11 01) plus a CONTRACTOR's fee for overhead and profit - (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11.01.A.1 and 11 01.A.2, the CONTRACTOR's fee shall be 15 percent 00700 - General Conditions REV 5-10-13.doc b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, 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 of 15 percent of the costs incurred by such S ubcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier S ubcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A 4, 11 01.A.5, and 11.01.8; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be .computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- TOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from. 1. delays caused by or within the control of CONTRACTOR; or 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 Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to • actions or inactions of OWNER or anyone for whom OWNER is responsible. 00700 - General Conditions REV 5.10-13.doc 00700 - 33 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admimlbid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections . A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with .inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.01 B shall be paid as provided in said paragraph 13.01 B; and the Contract Documents. C. If Laws or Regulations of any public body having junsdiction 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 furnish ENGINEER the required certificates of inspec- tion or approval D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER E If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- N EER, it must, if requested by ENGINEER, be uncov- e red for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- n ess in response to such notice 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must if requested by ENGI- N EER be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- N EER or inspected or tested by others, CONTRAC- TOR at ENGINEER's request, shall uncover, expose, o r otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, o bservation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to 00700 - General Conditions REV 5-10-13.doc 00700 - 34 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdgVldmim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR A Si - mama- - ' A however, this right of OWNER to stop the Work shall Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. before Substantial Completion of all the Work, the correction period for that item may exercise this right for the benefit of CONTRACTOR, any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGI- NEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial prescribed by Laws or Regulations or by the terms of ES = • •'• at a a• • . • da contemplated in paragraph 6.11.A is found to be instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (in) satisfactorily correct or repair or remove and replace any damage to othcr Work, to the work of others or other land or ar as resulting there from. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 00700 - General Conditions REV 5.10-13.doc 00700 - 35 F:1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fads to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses; and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provid- ed in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1 At least 20 days before the date established for each progress payment (but not more often than once a month) CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Workbut delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in wnting a recommendation of payment and present the Application to OWNER or return the Application to 00700 General Conditions REV 5-10-13.doc 00700 - 36 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and . on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that (i) inspec tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work inprogress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4 Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment will impose responsibility on ENGINEER to supervise, direct or control the Work or for the means, methods, techniques, 00700 - 37 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.6.2 ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13 09; or the occurrence of any of the events cnumer ated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; 00700 - General Conditions REV 5.10-13.doc b Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02 B.5.c or paragraph 15.02.A. 2 If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount .remaining after deduction of the amount so withheld OWNER shall promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work deliver to OWNER a tentative -certificate -of Substantial Completion. There shall be attached to the certificate before final payment. OWNER shall have seven days make written objection to ENGINEER as to any that the Work is not substantially complete, in writing, stating the reasons therefor. If, after considers the Work substantially complete, ENGINEER will within said 11 dans execute and tentative list of items to be completed or corrected) of the tentative certificate of Substantial Completion 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. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER'S MP a • paythent 1 a A a in SS a • _a. .• B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR 00700 - General Conditions REV 5-10-13.doc 00700 - 38 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5 04.6.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. - In lieu of the releases or waivers of Liens specified in paragraph 14.07 A 2 and as approved by OWNER CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER. to indemnify OWNER against any Lien B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. 00700 - General Conditions REV 5-10-13.doc 00700 - 39 F:1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents100700 - General Conditions REV 5-10-13.doc a TERMINATION C. Payment Becomes Due 1. Thirty days after the presentation to accompanying documentation, the amount recommended by ENGINEER will become duc and, when due, will be by OWNER to paid CONTRACTOR. 14.08 Final Completion Delayed A If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5 01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens from defective Work appearing after final inspection pursuant to paragraph 14 06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2 a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- TRACTOR shall resume the Work on the date so fixed. Times, or both, directly attributable to any such 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by 00700 - General Conditions REV 5-10-13.doc 00700 - 40 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5-10-13.doc OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract In such case, CONTRACTOR shall be paid (without duplication of any items). 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors, Suppliers, and others and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco norriic Toss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, TRACTOR any sum finally determined to be duo, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses. or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referredto in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a 00700 - General Conditions REV 5-10-13.doc 00700 - 41 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents\00700 -, General Conditions REV 5-10-13.doc Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - 42 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts General Conditions REV 5-10-13.doc 00700 - General Conditions REV 5-10-13.doc & Hunters Train Bldg\Admim\bid documents\Contract Documents100700 - SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC — 1.00 D efined Terms SC — 1.01 Terminology SC — 1.02 Before Starting Construction SC — 2.05 P reconstruction Conference SC — 2.06 Coordination of Plans, Specifications, and Special Provisions SC — 3.06 S ubsurface and Physical Conditions SC — 4.02 Performance, Payment and Other Bonds SC — 5.01 Certificates of Insurance SC — 5.03 CONTRACTOR's Liability Insurance SC — 5.04 OWNER's Liability Insurance SC — 5.05 P roperty 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 Concerning Subcontractors, Suppliers and Others SC — 6.06 Permits SC — 6.08 Cost of the Work SC — 11.01 Test and Inspections SC — 13.03 OWNER May Stop the Work SC — 13.05 Correction Period SC — 13.07 P rogress Payments SC — 14.02 S ubstantial Completion SC — 14.04 Final Payment SC — 14.07 00800-i 00800 - Supplementary Conditions 05-13 rev.doc 00800 IF:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents \00800 - Supplementary Conditions 05-13 rev.doc OWNER May Suspend Work SC — 15.01 OWNER May Terminate for Cause SC — 15.02 OWNER May Stop Work or Terminate SC — 15.04 Mediation SC —16.02 Liens SC — 17.06 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ 00800 -ii 00800 - Supplementary Conditions 05-13 rev.doc 00800 iiF:1Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admimlbid documents\Contract Documentsl00800 - Supplementary Conditions 05-13 rev.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS S C -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 S ocuments 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. S C -1.01 Defined Terms S C -1.01.A.20. Delete paragraph GC 1.01.420 in its entirety. S C -1.02 Terminology S C -1.02.D.1, 2, and 3 Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or e quipment 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. S C -2.05 Before Starting Construction S C -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 o btained 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. S C -2.06 Preconstruction Conference S C -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 Project 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 paragraph 2,05.8, procedures 00800-1 00800 - Supplementary Conditions 05-13 rev.doc 00800 1 F1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documents\Contract r1m imantc\n0RM1 - Si mnlementary Conditions 05-13 rev.doc 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. B. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation Benefits Actual Retirement Benefits Actual Workers Compensation Rates based on the National Council Compensation Insurance basic rates tables adjusted by Contractor's actual experience modification factor in effect at the time additional work or unforeseen work on of the Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). • SC -3.06 Coordination of Plans, Specifications, and Special Provisions SC -3.06 Add the following new paragraphs immediately after paragraph GC -3.05: SC -3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. 00800-2 00800 - Supplementary Conditions 05-13 rev.doc 00800 2F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documents1Contract S C -4.02 Subsurface and Physical Conditions S C -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.B: 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: Soil Surveys from KSM Engineering & Testing, Inc. Dated January 8, 2014 and January 17, 2014 D. Reports and drawings itemized in SC -4.02.0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building, Public Works, 1801 27th Street, Vero Beach, FL 32960 during regular business hours. These reports and drawings are not part of the Contract Documents. S C -5.01 Performance, Payment and Other Bonds S C -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: S C -5.03 S C -5.03 S C -5.04 Within fifteen (15) 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 Work by the OWNER 3. The OWNER shall record, the Public Construction Bond with the Public Record Section of.the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Honda 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. Certificates of Insurance Delete the second sentence of paragraph GC -5.03 in its entirety. CONTRACTOR's Liability Insurance S C -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500 000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and 00800-3 00800 - Supplementary Conditions 05-13 rev.doc 00800 3F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet 8 Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract nn.,, u,..o.a<<rviann - Co onnio...o..fon, rnnaamr.nc ntn Q ro„ aM ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations c. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground. 3. Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and P roperty 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 B uilders' Risk 'All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance E ndorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval b. 'Indian River County 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 e ntities shall be listed as "additional insureds' on the CONTRACTOR's liability insurance policies: a. The Board of Trustees of the Internal Improvement Fund of the State of Florida 00800 4 00800 - Supplementary Conditions 05-13 rev.doc 00800 4F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract b. The State of Florida Department of Environmental Protection c. The Florida Fish and Wildlife Conservation Commission S C -5.05 OWNER's Liability Insurance SC -5.05 Delete paragraph GC -5.05.A in its entirety. S C -5.06 Property Insurance S C -5.06 Delete paragraphs GC -5.06.A, 8, 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, E NGINEER's Consultants and any other individuals or entities identified in the S upplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss' fire, lightning extended coverage theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. S C -5.06.E Delete paragraph GC -5.06.E in its entirety and insert the following in its place: 00800-5 00800 - Supplementary Conditions 05-13 rev.doc 00800 5F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract nr,r, ,rnantcmngnn _ Q, innio...o..+ten, r....na;.,..o ns_» ray ring 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. The Board of Trustees of the Internal Improvement Fund of the State of Florida. c The State of Florida Department of Environmental Protection. d. The Florida Fish and Wildlife Conservation Commission. S C -5.07 Waiver of Rights SC -5.07 Delete GC -507 (paragraphs A, B, and C) in its entirety. S C -5.08 Receipt and Application of Insurance Proceeds S C -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. S C -5.09 Delete GC-5.09(paragraph A)in its entirety. SC -6.02 Labor; Working Hours S C -6.02.B. Add the following paragraphs immediately after paragraph GC -6.02.8: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will n ot 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 calendar week, even though such overtime work may be required under e mergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of e mergency upon specific permission of the ENGINEER 00800-6 00800 - Supplementary Conditions 05-13 rev.doc 00800 6F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgtAdmim\bid documents\Contract nrv,..rna rctnnann - c. r,.nIamanrnn, rnnrlkLtnc nt1 z rot, .4r„• S C -6.06 Concerning Subcontractors, Suppliers, and Others S C -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. S C -6.08 Permits S C -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: 1. The OWNER has "applied" for the following permits (copies of these permits will be available upon receipt) A. St. Johns River Water Management District B. U S. Department of the Army Corps of Engineers 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. S C -11.01 Cost of the Work S C -11.01.A.1. Delete paragraph GC -11.01.A.1 in its entirety, and insert the following sentences in its place: 1. CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC -2.06.B) for the additional or unforeseen work. Labor includes foremen actually engaged in the work, and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER S C -13.03 Test and Inspections S C -13.03.B. Delete paragraph GC -13.03.8 in its entirety, and insert the following sentences in its place: S . 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 00800-7 00800 - Supplementary Conditions 05-13 rev.doc 00800 7F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts 8 Hunters Train Bldg\Admim\bid documents\Contract nr,r, emonecMnarn _ Sirrnror„otn, rnnriitinnc n4_1 a row ri„r except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by 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.B shall be paid as provided in said paragraph 13.04.B; 3. tests otherwise specifically provided in the Contract Documents. S C -13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the. Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or e mployee or agent of any of them. S C -13.07 Correction Period SC -13.07 A. Delete the first sentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas or (Ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. S C -13.07 B. Delete paragraph GC -13.07.8 in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continu- o us service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 00800-8 00800 - Supplementary Conditions 05-13 rev.doc 00800 8F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract nnn,mnnFeUMQM _ CI innlomcnfon, rnn.@innc 119.11 row rinr S C -14.02 Progress Payments S C -14.02.6.5. Delete paragraph GC -14.02.8.5.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 e numerated in paragraph 15 02.A; or S C -14.02.B.5. Add the following sentences at the end of paragraph GC -14.02.8.5: 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. S C -14.02.C.1. Delete paragraph GC -14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. S C -14.04 Substantial Completion S C -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 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)(a)(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 Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the o bligation 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." 00800-9 00800 - Supplementary Conditions 05-13 rev.doc 00800 9F:\Public Works\ENGINEERING DIVISION PROJECTS V1213 -IRC Shooting Range -Skeet & Trap Improvemnts 8 Hunters Train BldglAdmim\bid documents1Contract !Inn imentc\nfRM _ c, innian,ontnn, cnndatnnc ns_13 row nM. S C -14.04B Add the following new paragraph immediately after paragraph GC 14.048: 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 S C -14.07 Final Payment S C -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. S C -15.01 OWNER May Suspend Work S C -15.01.A Delete the last sentence in paragraph GC -15.01.A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco nomic loss arising out of or resulting from such Work suspension. S C -15.02 OWNER May Terminate For Cause S C -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. S C -15.04 CONTRACTOR May Stop Work or Terminate S C -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, S C -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: 00800-10 00800 - Supplementary Conditions 05-13 rev.doc 00800 10F:\Public WorksENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid rinri imonfc%C.nntrorl nnri imonlc\MRM _ c,innlomonfnry r nrlitinne fS_11 rov :Inc S C -16 DISPUTE RESOLUTION S C -16.02 Mediation S C -16 Add the following new paragraph immediately after paragraph GC -16.01. 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 GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub - subcontract hereunder. The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01 Florida Statutes, who have furnished labor or: materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ 00800-11 00800 - Supplementary Conditions 05-13 rev.doc. 00800 11F: \Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid rine imentc\Cnntrartt nnei:ments\00800 - Sunnlementary ennditinns 05-13 rev rine. SECTION 00942 - Change Order Form No. DATE OF ISSUANCE' EFFECTIVE DATE* OWNER: Indian River County CONTRACTOR Project: Indian river County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I) OWNER's Project No. 1213 ENGINEER's Bid No. 2014026 You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments (List documents supporting change) RECOMMENDED By: ACCEPTED By: CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $ Net previous Increase (Decrease) Change to from Orders No. : $ Substantial Completion: Final Completion: Contract Price prior Change Order: to this $ Net Change Net Change increase (decrease) of this Order: $ Contract Price with all approved Change Orders: $ RECOMMENDED By: ACCEPTED By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES RECOMMENDED By: ENGINEER (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time. Substantial Completion: Final Completion: (days or dates) Net Orders change from previous No. to Change : (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days or dates) Net Change increase (decrease) this Order: Substantial Completion: Final Completion: (days or dates) Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) RECOMMENDED By: ENGINEER (Signature) Date: APPROVED' By: OWNER (Signature) Date: 00942 - Change Order Form REV 04-07.doc 00942 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\00942 - Change Order Form REV 04-07.doc Rev. 05/01 SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE: EFFECTIVE DATE* OWNER* Indian River County CONTRACTOR P roject: Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I) OWNER's Project No. 1213 E NGINEER's Bid No. 2014026 Field Activity Description: Reason for Change: Recommended Disposition: Field Operations Officer / Engineer (Signature) Date D isposition: 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents\00946 - Field Order Form REV 04 07.doc SECTION 00948 - Work Change Directive No. DATE OF ISSUANCE EFFECTIVE DATE: OWNER Indian River County CONTRACTOR: Project: Indian River County Public Shooting Range — Skeet and Trap Facility Improvements (Phase I) OWNER s Project No. 1213 Engineer's Bid No. 2014026 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 Contract Prices ❑ Unit Prices ❑ Lump Sum o Other: ❑ By Change Order: Estimated increase (decrease) Change Directive Method of determining change in Contract Times O Contractor's Records II Engineer's Records O Other: O By Change Order: of this Work Estimated increase (decrease) in Contract Times. If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Substantial Completion: days; Ready for Final Completion: days. If the change involves an increase the estimated time is not to be exceeded without further authorization **END OF SECTION** F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents\00948 Work Change Directive Rev 06-2013.doc ACCEPTED By: RECOMMENDED By: APPROVED By: CONTRACTOR (Signature) Date: ENGINEER (Signature) Date: OWNER (Signature) Date: **END OF SECTION** F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents\00948 Work Change Directive Rev 06-2013.doc DIVISION 1 GENERAL REQUIREMENTS • TITLE SECTION NO. S PECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 S ROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 S UBMITTAL OF SHOP DRAWINGS, PRODUCT 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 S TORAGE OF MATERIAL AND EQUIPMENT 01611 S UBSTITUTIONS 01630 S ITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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, CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, Army Corps of Engineers, 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. 01009-1 01009 -Special Provisions F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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. + + END OF SECTION + + 01024- 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213 IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01024 - Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor B. Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E Be solely responsible for all locations, dimensions and levels. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining not protecting or removing without authorization such established points, stakes, marks and monuments. G When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross -sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER H. The cost of performingengineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. 1050-1 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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 Toss 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 Surveyor and Mapper, at the CONTRACTOR's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. 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\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents Contract Documents\01050 - Field Engineering.doc SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances,rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA AISC AISI ANSI ASCE ASTM AWPA AWWA AWS American Gas Association American Institute of Steel Construction American Iron and Steel Institute American National Standards Institute American Society of Civil Engineers American Society for Testing and Materials American Wood Preservers Association American Water Works Association American Welding Society FED SPEC Federal Specifications 01091-1 01091 Reference Standards F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01091 - Reference Standards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection D NR Department of Natural Resources N CPI National Clay Pipe Institute N EMA National Electrical Manufacturers Association N EC National Electric Code N SPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Flonda Department of Transportation U . L., Inc. Underwriter's Laboratories, Inc. S SPC Steel Structures Painting Council S JRWMD St. Johns River Water Management Distnct 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 E NGINEER 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\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. 1.4 PRODUCT DELIVERY -STORAGE -HANDLING A. 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 Tong -term storage at the project site prior to installation. 01215-1 01215 General Quality Control F -\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documents\Contract Documents\01215 General Quality.doc 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. The video must be performed by a professional videographer. 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. 3) All existing features within permanent easements. 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 and approved by the Owner prior to 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:\Publ c Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\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: When needed for the discussion of a particular agenda 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:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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 A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other standard descriptive data. Product data are further defined in 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. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES S amples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. S amples are further defined in Article 6.17, Section 00700. 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP D RAWINGS, 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. 01340 - Submittal of Shop Drawings.doc 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213 -IRC Shooting Range Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documents\Contract Documents ‘01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract D ocuments, 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 E NGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract D ocuments. 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. N otify 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 E NGINEER'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. 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 01340 - Submittal of Shop Drawings.doc 01340-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdgtAdmim\bid documents\Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 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. OWNERS Name 2. Project Name 3. Contract Number 4. Transmittal Number 5. Section Number 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\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTAL Contractor: Date Sent SUBMITTALS NO. to Range County No. Copies Sent to County Submittal — Skeet ❑ Onginal ❑ Re Trap -Submittal Facility Improvements Project (Phase I) Name: Indian River County Public Shooting and ❑ Cut Sheet ❑ Other Project ❑ Shop Description: Sub -Contractor: Remarks: No.: 1213 Drawing *********************************************************** Reviewing Agency: (As checked below) Date Received Date Returned No. Copies Ret'd ❑ ❑ Remarks: I I R C Engineering R C Utilities Services Div. *********************************************************** IRC Engineering Division Date Rec'd from Date Ret'd to Contractor No. Copies Ret'd Contractor 1801 27th Vero Beach, Remarks: Street FI. 32960 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 \1213 -IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\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 2. Approved as Corrected 3. Approved as Corrected Resubmit 4. Revise and Resubmit 5. Not Approved I. If a submittal is acceptable, it will be marked "Approved" or "Approved as Corrected' . Three (3) prints or copies of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Corrected", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a Shop Drawing marked "Approved as Corrected" has extensive corrections or corrections affecting other drawings or Work, ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes. Such drawings will have the notation, "Approved as Corrected - Resubmit." L. If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. "Revise and Resubmit" 2. "Not Approved" 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. 01340 - Submittal of Shop Drawings.doc 01340-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings N . Any related Work performed or equipment installed without an "Approved" o r "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 e quipment 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 e quipment which is fabricated or delivered prior to the approval of Shop D rawings. 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 S hop Drawings to CONTRACTOR. Q . Furnish required submittals with complete information and accuracy in o rder to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop D rawings, Samples or other items requiring approval, will be back -charged. to CONTRACTOR in accordance with the General Conditions and the S upplementary 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 u nless the need for such substitution is beyond the control of CONTRACTOR. ++END OF SECTION ++ 01340 - Submittal of Shop Drawings.doc 01340-6 F:\Public WorksENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\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 construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for. the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water. to the point of usage by all trades. 4. When temporary water service is no longer required, remove all.. temporary water lines. 01520-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control ' dust Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER + + END OF SECTION + + 01520-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\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. In order to prevent damage, injury or Toss, 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 Toads 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 barncades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 01541-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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 irngation 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 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 D IVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train B ldg\Admim\bid documents\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 adjacent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric and telephone are shown. This information is 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 n ot been independently verified by the OWNER or the ENGINEER Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual. location of any existing utilities is the CONTRACTOR s responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company o r department affected and obtain their permission regarding the method to u se 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 n ecessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the Interruption (24-hour minimum), and again immediately before service is resumed Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 01541-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 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 facilities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from director 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 dam- aged 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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 be encountered, whether o r 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 n ot •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 u tilities 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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 Toads, 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01550 - Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. B Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If 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 delivenes 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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 Toss 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01611 - Storage of Matenals.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 severalproducts or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no sub- stitution will be allowed. E Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 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 Condi- tions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturers literature with product description, performance and test data and reference standards. c. Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 01630-1 01630 Substitutions F•\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01630 - Substitutions.doc SECTION 01630 SUBSTITUTIONS 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and determined. that it is equal to or superior in all respects to the product, manufacturer or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial 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. 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5 Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 01630-2 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Contract Documents\01630 - Substitutions.doc SECTION 01630 SUBSTITUTIONS H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER s hourly rate for review is $125 per hour. The 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 theoriginally 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\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. 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. 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\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents\01710 - Site Cleanup.doc SECTION 01710 SITE CLEANUP AND RESTORATION It is the intent of the Specifications• to place the responsibility on the CONTRACTOR to restore to theft original condition all items disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR s expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction' operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, INDIAN RIVER FARMS WATER CONTROL DISTRICT, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. + + END OF SECTION + + 01710 Site Cleanup 01710-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg \Admim\bid documentsContract Documents\01710 - Site Cleanup.doc SECTION 01820 POST FINAL INSPECTION 1.1 GENERAL A. Approximately one year after Final 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. 1 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 rev 05-13.doc 001820 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS11213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train Bldg\Hdmim\bid documents\Contract Documents1001820 - Post Final Inspection rev 05-13.doc DIVISION 2 TECHNICAL SPECIFICATIONS S ECTION NO. 00001 Technical Specifications S ECTION NO. 00004 Scope of Work S ECTION NO. 00101 Mobilization S ECTION NO. 00103 As -Built Plans S ECTION NO. 00104 Erosion and Water Pollution Control S ECTION NO. 00120 Excavation and Embankment S ECTION NO. 00160 Stabilization S ECTION NO. 00162 Topsoil S ECTION NO. 00340 Open Graded Emulsified Mix Porous Pavement S ECTION NO. 00425 Inlets, Manholes and Junction Boxes S ECTION NO. 00430 Pipe Culverts and Storm Sewers S ECTION NO. 00524 Concrete Bumper Guards SECTION NO. 00545 Retained Earth Wall S ECTION NO. 00570 Grassing (By seeding) S ECTION NO. 00573 Hydro -Seeding S ECTION NO. 00575 Sodding S ECTION NO. 00630 Conduit S ECTION NO. 00700 Highway Signing S ECTION NO. 00711 Thermoplastic Traffic Stripes and Markings F:\Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BIdg\Admim\bid documents\Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc SHOOTING RANGE - SITEWORK TECHNICAL SPECIFICATIONS SECTION 4 - SCOPE OF THE WORK The plans, Shooting Range - Earthwork, consist of all work necessary to construct berms, roadway, parking areas, and drainage improvements to develop an approximately 30 acre area into a shooting range. The construction consists of furnishing all labor, materials, equipment, transportation and services necessary to complete the project. The work includes, but is not limited to; excavation, embankment, stabilization, porous paving, laying pipe, constructing inlets, sodding, signing and marking. The location of the work is on a 318 acre parcel within the St. Sebastian River State Buffer Preserve. The site comprises portions of Sections 25 and 26 of the Fleming Grant in Indian River County, Honda. Access to the site is at the northern terminus of 102nd Terrace, north of CR 512. The Contractor shall control erosion at all times during the construction. Erosion control measures shall comply with the current edition of the FDOT Roadway and Traffic Design Standards. All of the work involved in this project shall conform to the applicable portions of the Florida Department of Transportation's (FDOT) Standard Specifications for Road and Bridge Construction (F.D.O.T.S.S.) and FDOT's Roadway and Traffic Design Standards (F 0.0 T.D.S.), current editions All of the work involved in this project shall conform with the construction plans and specifications, shall be completed in a workmanlike manner and shall have all debris removed within the time specified in the contract. County crews are clearing the area of work and buming all debris on site. They may still be working during the bidding, award and initiation of this contract. The contractor shall be required to schedule the work as necessary to accommodate the presence of the County crews. SECTION 101 - MOBILIZATION 101-1 Description The work specified in this section shall conform to Section 101 of the F.D.O.T.S.S.. 101-2 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for in partial payments, in accordance with Section 101-2 2 F.D.O.T.S.S., for the item of Mobilization. Payment shall be made under • Item No. 101 -1 Mobilization - Lump Sum TECHNICAL SPECIFICATIONS 1 SECTION 103 - AS -BUILT PLANS 103-1 Description The contractor shall maintain one (1) record copy of all contract documents as stipulated in paragraph 6.22 of the GENERAL CONDITIONS. The contractor shall have marked on the drawings, all deviations from the original drawings and specifications The contractor shall verify the as -built elevations of all drainage structure pipe inverts, ditch block tops, roadway centerline, pavement edges, berm heights stormwater management tracts profiles, and building pad elevations The contractor shall mark these elevations upon the one (1) set of record drawings. The marked revisions and verifications shall be neat and legible. 103-2 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price satisfactorily completed and accepted, in accordance with the provisions of the GENERAL CONDITIONS. Payment shall be made under. Item 103 As-Builts - Lump Sum SECTION 104 - PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION 104-1 Description Prevention, control, and abatement of erosion and water pollution shall conform to the requirements of Section 104 of the F.D.O.T.S.S.. 104-11 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for based on the percentage of the contract amount completed Payment shall be made under. Item No. 104 - Prevention, Control and Abatement of Erosion and Water Pollution - Lump Sum SECTION 120 - EXCAVATION AND EMBANKMENT 120-1 Description The work specified in this section shall conform to Section 120 of the F.D.O.T.S.S Excavation and embankment shall include labor, equipment, transportation and grading. All material is proposed to come from on site, from the cutting of swales and the excavation of the fish pond. TECHNICAL SPECIFICATIONS 2 120-13 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price for quantities satisfactorily completed and accepted. The pay quantity shall be the plan quantity provided that excavation and embankment is accomplished in substantial compliance with plan dimensions Excavation shall include stockpiling the excavated material and grading of the excavated area. Payment shall be made under. Item No. 120-1 - Regular Excavation - Per Cubic Yard Item No. 120-2-1 - Borrow Excavation (Fish Pond) - Per Cubic Yard Embankment shall include the loading, transporting, compacting, and grading of the filled area. Payment shall be made under: Item No. 120-6 - Embankment - Per Cubic Yard The above prices and payments shall constitute full compensation for all work described in Section 120. There will be no separate payment for additional requirements of Section 120. SECTION 160 - STABILIZING 160-1 Description The work specified in this section shall conform to Section 160 of the F D.O.T.S.S.. The volume of soil required is included in the excavation and embankment quantities. This item is for the necessary amendments and working of the soil to prepare a suitable stabilized subgrade. 160-10 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per square yard satisfactorily completed and accepted. Payment shall be made under. Item No. 160-5 - Type C Stabilization (6") - Per Square Yard Item No. 160-5 - Type C Stabilization (12") - Per Square Yard SECTION 162 - TOPSOIL 162-1 Description The work specified in this section shall conform to Section 162 of the F.D.O.T.S.S.. The volume of soil required •is included in the excavation and embankment quantities. This TECHNICAL SPECIFICATIONS 3 item is for the necessary amendments and working of the soil to prepare a suitable layer of topsoil. 162-6 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per square yard satisfactorily completed and accepted. Payment shall be made under Item No. 162-2 - Topsoil (6") - Per Square Yard SECTION 340 - OPEN -GRADED EMULSIFIED MIX POROUS PAVEMENT 340 -1 Description: Open Graded Emulsified Mix Porous Pavement is a mixture of course mineral aggregate mixed at air temperature with a heated polymer modified emulsified asphalt. This is laid on a prepared road base to the required depth and width. Aggregate from stock pile dumped directly into the front of machine. Aggregate is fed at a controlled rate by belt conveyor to pug mill mixer where it is mixed with chosen bitumen, pumped at metered rate. Mix is discharged at rear of mixer and spread by augers in front of vibratory screed which lays mixed material to desired thickness. 340-2 Materials: 1. Emulsion: Latex MPAE, such as provided by Florida Highway Products, P.O. Box 928, Bartow, Florida 33831 (941) 533-7881. The bituminous materials used for mixing shall meet the requirements for Cationic Asphalt Emulsion. The Cationic mixing grade emulsion shall be homogenous and of high quality. The material shall be prepared from straight -run Venezuelan asphalt of high ductility and shall contain a rubber hydrocarbon additive derived from latex in addition to carefully controlled amounts of selected Naphtha. Cationic Asphalt Emulsion Material Designation Latex MPAE Min. Max tests on Emulsion: Viscosity, Saybolt Furol, 77F(25C) Sec. Viscosity, Saybolt, 122F(50C) Sec. 50 Storage Stability Test, 1 Day (Difference in percent Residue) Classification Test Stone Coating Test Satisfactory Particle Charge Test Positive Sieve Test, percent 0.10 TECHNICAL SPECIFICATIONS 4 Cement Mixing Residue by Distillation, percent Oil Distillate Volume Total, percent 65 Test on Residue from Distillation Test: Penetration, 77F(25C), 100g, 5 Sec. 100 Test on Asphalt Base for Emulsion: P enetration 77F(25C), 100g, 5 Sec. Solubility in trichloroethylene, percent D uctility, 77F(25C), 5 cm/min, cm Flash Point F (C) Typical Application: N ote (2) Suggested Temperature Range Mixing F (C) S praying F (C) 100 99 100 350 12 250 200 Cold Mixes Penetration Macadam 100-170 (38-77) 130-170 (54-77) 2. Aggregates to be No. 57 or 67 Limestone, DOT approved (less than 5% shell). 340-3 Mixing Equipment: The Cold Mix Paver shall be a Midland type and shall be self-propelled mobile plant designed and built to mix and place cold bituminous mixtures in one continuous operation from eight (8) to eighteen (18) feet wide and to nine (9) inches deep. H opper ■ Capacity: 4 cu. yds Type: Butterfly folding hopper, hydraulically actuated. Belt feeder with calibration gate: ■ Constant speed belt runs at 75 FPM. ■ Calibrated strike -off gate may be set from 2" minimum to T maximum. ■ Hydraulic drive. P ug Mill: ■ Twin 4" square alloy steel shafts ■ Mixing capacity 400 tons per hour. ■ Hydraulic drive: Bitumen system- ■ 2,200 gallon storage tank. ■ Vari-flo pump 0-190 GPM hydraulically powered. ■ Positive displacement flow meter with GPM indicator and totalizer. ■ Hydraulically actuated full circulating spray bar ■ IA" perforation strainer. Screw conveyors• ■ Variable speed hydraulic drive. TECHNICAL SPECIFICATIONS 5 ■ 18" diameter. ■ 18" pitch. ■ Variable speed 5-35 RPM. ■ 3A" flight. Screed. ■ Force adjustable from 0 to 5,000 lbs. ■ Weight: 2,000 lbs. to 10'. ■ Crown adjustment 3" positive to%" negative. ■ Width standard 10 , cut-off plates to 8' included and extensions to 12' included - extra extensions optional. Traction Drive: ■ . Motor: Fixed displacement hydrostatic, powered by a variable displacement hydraulic pump. ■ 2 -speed Rockwell Standard transmission. ■ Axle: Rockwell Standard transmission. ■ Brakes: Dual actuated hydraulic, Stopmaster 15-%2" x 4". ■ Tires: 4-15 5 x 22 5 tubeless pneumatic. ■ Paving speeds: low gear 0-124 FPM. ■ Travel speeds: high gear 0-8.5 MPH forward or reverse. Engine: Caterpillar D330C turbo -charged. 165 hp @ 2200 rpm operating speed. 2 -stage air filter. 340-4 Construction 1. Weather Limitations: Bituminous material or mixture shall not be applied on any soft surfaces, when the temperature of the surface on which the mixture is to be placed is below 45°F. Or when other weather conditions would prevent proper construction of the pavement. 2. Preparation: The roadway surface to be covered shall be free from holes, depressions, bumps, waves and corrugations. Any unsuitable surface areas shall be repaired by replacement of the unstable materials or a material to produce a tight surface having the same elevation as the surrounding surface The roadway surface shall be graded to the desired elevation and width and compacted.. • Laboratory and field tests of base course shall be submitted and approved prior to initiation of paving operation. 3. Mixing and Spreading: The aggregate and asphalt shall be thoroughly mixed at a rate of 15 gallons of Cationic Emulsion per ton of gravel, so that the bituminous material is uniformly distributed throughout and all aggregate particles are uniformly coated. TECHNICAL SPECIFICATIONS 6 The mixture shall be deposited on the prepared base at the back of the travel mbcerand spread in a uniform layer so as to produce the specified thickness after compaction. 4. Compaction: After spreading the mixture shall be thoroughly and uniformly compacted with a self-propelled steel -wheeled roller to obtain a thoroughly compacted pavement. The roller shall be a 8-12 ton, steel -wheeled type. 5. Blotting: Immediately after compacting the mix a fine aggregate may be uniformly spread at a rate not to exceed 12 lbs./s y.. Blotting may be necessary to prevent tracking and may allow roadway to be opened to traffic sooner. If roadway is blotted, a final compaction is required. 340-5 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price for quantities satisfactorily completed and accepted. Payment shall be made under. Item No. 340 - Open -Graded Emulsified Mix Porous Pavement (3") - Per Square Yard SECTION 425 - INLETS, MANHOLES AND JUNCTION BOXES 425-1 Description The work specified in this section shall conform to Section 425 of the F.D.O.T.S.S.. 425-8 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per each satisfactorily completed and accepted. Payment shall be made under Item No. 425-1-521 - Inlet (Type C, <10') - Per Each Item No. 425-1-571 - Inlet (Type G, <10`) - Per Each SECTION 430 - PIPE CULVERTS AND STORM SEWERS 430-1 Description The work specified in this section shall conform to Section 430 of the F.D.O.T.S.S.. TECHNICAL, SPECIFICATIONS 7 430-13 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per linear foot satisfactorily completed and accepted. Payment shall be made under: Item No. 430-11-323 - Concrete Pipe Culvert (15") - Per Linear Foot Item No. 430-11-338 - Concrete Pipe Culvert (36") - Per Linear Foot Item No. 430-34-345 - Bituminous Coated Corrugated Steel Pipe (72") - Per Linear Foot Item No. 430-81-325 - Corrugated Aluminum Pipe (18') - Per Linear Foot Item No. 430-84-321 - Corrugated Aluminum Pipe (12") - Per Linear Foot Item No. 430-142-103 - Elliptical Concrete Pipe (19" x 30") - Per Linear Foot Item No. 430-142-104 - Elliptical Concrete Pipe (24" x 38") - Per Linear Foot Item No. 430-982-325 - Mitered End Section (18") - Per Each Item No. 430-982-403 - Mitered End Section (19" x 30") - Per Each Item No. 430-982-404 - Mitered End Section (24" x 38") - Per Each Item No. 430-984-238 - Mitered End Section (36") - Per Each SECTION 542 CONCRETE BUMPER GUARDS 542-1 Description The work specified in this section consists of the construction of concrete bumper guards in accordance with the dimensions and notes shown on Index No. 300 of the Florida Department of Transportation's Roadway and Traffic Design Standards 542-2 Materials Ali work under this section shall be of Class !Concrete as specified in Section 347 of the F.D.O.T.S.S. Steel Reinforcement, where called for, shall conform to the requirements specked in Section 415. 542-5 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per each satisfactorily completed and accepted. Payment shall be made under. Item No. 542-70 Concrete Bumper Guards - Per Each • TECHNICAL SPECIFICATIONS 8 SECTION 545 RETAINED EARTH WALL 545-1 Description The work specified in this Section shall consist of the construction of Retained Earth Wall in accordance with the dimensions and notes shown on the plans. 545-2 Materials Modular concrete units shall be machine made from Portland Cement, water, and mineral aggregates such as those provided by KEYSTONE SOUTH, (407) 774-0744. Connecting pins, adhesive, leveling and pad material, unit fill and backfill matenal, geogrid, and all other components shall be as provided or recommended by the modular concrete unit manufacturer. 545-3 Construction Methods Foundation shall be prepared, units installed, and backfilled in accordance with manufacturers requirements to provide a complete installation. The manufacturer shall provide the design and details for construction, and shall submit the same for review and approval by the ENGINEER prior to delivery of materials to the site. 545-6 Basis of Payment • Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per square foot satisfactorily completed and accepted. Payment shall be made under. Item No. 545-70 Retained Earth Wall - Per Square Foot SECTION 570 GRASSING (BY SEEDING) 570-1 Description The work specified in this section shall conform to Section 570 of the F.D.O.T.S.S.. 570-7 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price for the quantities satisfactorily completed and accepted. Payment shall be made under Item No. 570-1 Seeding (Bahia) - Per Square Yard Item No. 570-9 Water for Grass - Per Thousand Gallons The above pnce and payment shall constitute full compensation for all work described in Section 570 including the cost of fertilizing seeding, watering, and complete maintenance of the sodded areas until accepted by the County. TECHNICAL SPECIFICATIONS 9 SECTION 573 - HYDRO -SEEDING 573-1 Description The work specified in this Section shall consist of all materials, labor, equipment, and supervision necessary to apply a slurry of seed, fertilizer, and mulch to establish a healthy stand of grass. All sloped areas, such as berms, swales, and banks shall be grassed by hydro -seeding. 573-2 Materials • The type and quantity of grass seed shall be as specified in Index 104 of the F D O T D S. and shall conform to the requirements of Section 981 of the F.D.O.T.S.S.. The mulch shall be a wood cellulose fiber especially prepared for use in hydro -seeding, such as the material supplied by Terra -Mulch (800) 726-6414 and shall be applied in the stuffy mixture at the rates recommended by the manufacturer for the slopes being covered. The fertilizer shall conform to the requirements of Section 982 of the F.D.O.T.S.S., and shall be applied in the slurry mixture at a rate of 1000 pounds per acre. 573,3 Construction Methods The proportions of seed, mulch, and fertilizer shall be mixed with water and other appropriate components, such as lime tacking agents and growth stimulants, and be applied with equipment specifically designed for mixing and applying the slurry The slurry shall be uniformly applied over the area being covered and provide the specified rates of application. Work shall be accordance with the directions of the hydro -seeding equipment manufacturer, and the material supplier 573-4 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price for the quantities satisfactorily completed and accepted Payment shall be made under. Item No. 573-1 Hydro -Seeding (Bahia) - Per Square Yard The above price and payment shall constitute full compensation for all work described in . Section 573 including the cost of fertilizing seeding, mulching, watering, and complete maintenance of the sodded areas until accepted by the County. SECTION 575 - SODDING 575-1 Description The work specified in this section shall conform to Section 575 of the F.D.O.T.S.S.. 575-5 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for TECHNICAL SPECIFICATIONS 10 at the contract unit price per square yard satisfactorily completed and accepted. Payment shall be made under. Item No. 575-1-1 Sodding (Bahia) - Per Square Yard The above price and payment shall constitute full compensation for all work described in Section 575 including the cost of fertilizing, sodding, watering and complete maintenance of the sodded areas until accepted by the County SECTION 630 CONDUIT 630-1 Scope The work specified in this section shall conform to Section 630 of the F.D.O.T.S.S.. 630-6 Basis of Payment Wort and incidental costs specified as being covered under this Section will be paid for at thecontract unit price per linear foot satisfactorily completed and accepted. Payment shall be made under Item No. 630-1-13(2) Conduit (Under Pavement, 2", SCH 40 PVC) - Per Linear Foot Item No. 630-1-13(4) Conduit (Under Pavement, 4", SCH 40 PVC) - Per Linear Foot SECTION 700 - HIGHWAY SIGNING 700-1 Description The work specified in this section shall conform to Section 700 of the F.D.O.T.S.S.. 700-11 Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price per assembly satisfactorily completed and accepted. Payment shall be made under. Item No. 700-40-1 Sign Single Post - Per Assembly • SECTION 711 - THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS 711-1 Description The work specified in this section shall conform to Section 711 of the F.D.O.T.S.S.. TECHNICAL SPECIFICATIONS 11 TECHNICAL SPECIFICATIONS 12 • PERMEABILITY TESTS • • • • KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 S hooting Range SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589- 6469 -4- June 16, 1998 A minimum of six inches of cemented coquina rock (LBR 100) or limerock should be used for the road base and compacted to 98% percent of its modified proctor value (AASHTO T180) . A minimum of 16" separation should be maintained between the bottom of the base and the high seasonal groundwater table. The asphalt wearing surface should consist of 1-1/2" minimum- of Type Si - or S-3 in accordance to the `Florida Department of Transportation Standard Specifications for Road and Bridge Construction'. 3 Boring Logs: The boring logs indicate the subsurface conditions are generally well drained soils consisting mostly of gray and brown sand. No "muck' or other unsuitable soils were encountered in the test borings except for the typical surface vegetation soils. B ased on our site investigation, the existing soils are considered satisfactory as structural fill and road construction. Also, with proper site preparation, the soils should be able to support the proposed structures on conventional shallow footings. E . Site Preparation: The proposed building area and areas to be paved, plus a minimum margin of five feet beyond the proposed construction shall be stripped and grubbed of any remaining surface debris, including vegetation, roots and organic matter. The building area should be graded level and proofrolled. Any soft yielding areas shall be excavated and replaced with clean compacted fill. Sufficient passes should be made during compaction operations to produce a d ensity no less than 95 percent of its modified dry Proctor value (ASTM D 1557) to a depth of two feet. KSM KELLER, SCHLEICHER & MacWILL(AM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 Shooting Range -2- June 16, 1998 C. The scope of our study consisted of the following: 1. Performed two (2) constant head permeability tests in the field along with a 7' deep test boring at each location. Also, obtained a shelby tube soil sample and performed a constant head horizontal permeability test in our laboratory on the samples for each boring location. Calculated the permeability coefficient `K' value and also estimated the normal wet -season water table and projected wet season water table at each location. 2 Performed sixteen (16) soil borings in the locations given to K.S.M. by your office, fourteen (14) to a depth of ten (10) feet and two (2) to a depth of twenty (20) feet to evaluate the soil suitability for on-site fill. D. Engineering Evaluation: B ased on the information obtained from this site investigation we are pleased to offer the following evaluation: 1. Groundwater & Soil Permeability: The existing groundwater table was measured in the test holes at d epths of 38" to 40" below existing grade. This water table will rise throughout the year, primarily due to seasonal variation in rainfall. Yearly rainfall is generally from 50 to 55 inches, with almost two- t hirds of this value occurring during the summer and early fall. September generally has the most rainfall followed by June, October and August The period of least rainfall occurs froth November to April. W x D CO 0 DJ z 0 0 0 D 0 z NV -1c1 NOLLVOO1 0NI1:109 102ND TERRACt • • •�v taa j• ')•••. i • et • • • • • .6 • • pooyr ouJADo, ,Zz • • • • ti • • • • ee • • • • • • • • 0� • • • • • • " • • • • i " `! • • • • • • • "�' • `•v • • wI1 w • • • • • " • • • • • `• • • • • • • • • • "1"ha• • • • • • ➢ 23 rn • vpJ ➢ n mtil > \\ • •a ••• • 1 • • • • • 1 PROJECT: INDIAN COUNTY SHOOTING RANCR . . J Liu) III 5 SKEET 1 OF 1 PROJECT': 901277 Fite Name: 9012778 UREVARO 407-768-8488 KEUER SCHLEICHER & MactIWAM ;NDIAN RIVER 551-589-0712 ENGINEERING AND TESTING. INC. • •. •X 78-1377 SEBASTIAN. FLA 37978-1177 URAW11 111: (:J(: DI.SIGNED UY: !t K DA IL. G -15-Y8 SCAT F: NONE KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589 6469 LABORATORY PERMEABILITY - CONSTANT HEAD METHOD (ASTM 2434) DATE OF TEST: CLIENT LOCATION • • • • SAMPLE DESCRIPTION June 13, 1998 Indian River County PROJECT NO. KSM 981277 -Ph1 Shooting Range Indian River County, Florida Ph -1, @ Boring 10 MI I Brown Sand • DEPTH @ SAMPLE LOCATION = 22 INCHES LENGTH OF SAMPLE ALONG PATH OF FLOW = 6 INCHES DIAMETER OF SAMPLE = 3 INCHES QUANTITY OF FLOW = 250 MILLITERS TIME INTERVAL OF TEST = 10 MINUTES DIFFERENCE IN HYDRAULIC HEAD ACROSS THE SAMPLE IMMMP NI • 16 INCHES THE RESULTS OBTAINED FROM OUR HORIZONTAL LABORATORY PERMEABILITY TEST, WHERE K IS THE COEFFICIENT OF PERMEABILITY = 9.7 FEET/DAY KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 USUAL OPEN -HOLE TEST DATE OF TEST: June 12, 1998 PROJECT NO. KSM 981277-2P CLIENT Indian River County L OCATION Shooting Range Indian River County, Florida P-2, @ Boring 11 STARTING VOLUME E NDING VOLUME TOTAL VOLUME USED (gals.) TOTAL ELAPSED TIME (mins.) imm • Average Flow Rate (gpm) = .6 70 64 6 10 • D iameter of Test Hole = 4 inches D epth to Water Table = 38 inches Depth of Test = 7 feet K = HYDRAULIC CONDUCTIVITY (CFS/SQ.FT. - FT. HEAD) = 1.62 E-4 • • KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 D ate June 12, 1998 L ocation: Shooting Range Indian River County, Florida A-2, See Attached Location Plan D epth Strata in Feet From -To Description of Soil -0- -1- -2 3 -6- 7 0" - 13" Gray Sand 13" - 30" Lt. Gray Sand 30" - 36" Brown Gray Sand 36" - 70" Brown Clayed Sand • 70" - 84" Gray Clayed Sand w/Shell Fragments W ater Table : 38" below existing surface J ob #: KSM 981277-2A • • KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1 377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 LABORATORY PERMEABILITY - CONSTANT HEAD METHOD (ASTM 2434) DATE OF TEST: June 13, 1998 CLIENT •Indian River County L OCATION • • S AMPLE DESCRIPTION PROJECT NO. KSM 981277-Ph2 Shooting Range Indian River County, Florida Ph -2, @ Boring 11 DEPTH @ SAMPLE LOCATION = Gray Sand 24 INCHES L ENGTH OF SAMPLE ALONG PATH OF FLOW = 6 INCHES D IAMETER OF SAMPLE = 3 INCHES QUANTITY OF FLOW = 375 MILLITERS TIME INTERVAL OF TEST = 10 MINUTES D IFFERENCE IN HYDRAULIC HEAD ACROSS THE SAMPLE 16 INCHES THE RESULTS OBTAINED FROM OUR HORIZONTAL LABORATORY PERMEABILITY TEST, WHERE K IS THE COEFFICIENT OF PERMEABILITY = 14.6 FEET/DAY SOIL BORINGS • .1 • • • • KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 Date of Boring: June 2, 1998 Location: Depth in Ft. S hooting Range Indian River County, Florida B -1, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table - 0- Gray Sand 1- 2- B rown Sand 2 2 3 • 5 O range Silty Clayed Sand 4 3- w/Rock 4 G ray Slightly Clayed Sand 5 9 -4- w/Shell Fragments 37" 6 - 5- 6 7 13 v 6 L t. Gray Slightly Clayed Sand 5 - 7- w/Rock & Shell Fragments 7 8 8 9 15 B rown Slightly Clayed Sand 3 2 G ray Slightly Clayed Sand 5 7 -10- w/Rock W ater Table: 37" below existing surface W ater Table: 8" wet season J ob # KSM 981277-1B • IP • • • KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. PO BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 D ate of Boring: June 2, 1998 L ocation: D epth in Ft. Shooting Range Indian River County, Florida B-2, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table - 0- Yellow Gray Sand -1- - 2 3 4 L t. Brownish Yellow Sand 5 - 3 - 7- - 8 Yellow Sand 9 • O range Sand 5 4 2 6 33" L t. Brown Sand G ray Clayed Sand 3 4 5 9 B rown Sand 4 5 4 9 G ray Clayed Sand w/Shell 5 - 9- Fragments 7 7 -10- 14 W ater Table: 33" below existing surface W ater Table: 12" wet season J ob # KSM 981277-2B KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 D ate of Boring: L ocation: D epth in Ft. June 2, 1998 Shooting Range Indian River County, Florida B-3, See Attached Location Plan Description of Soil Blows/ 6 in. S PT -N ✓ alue Water Table - 0- Gray Sand - 1 2 D ark Gray Sand 3 -5 - 6- 6- - 8- -8- 10 10 5 5 6 11 • B rown Gray Sand O range Sand. 7 9 16 L t. Brown Sand G ray Clayed Sand 3 5 8 7 8 v 44" 13 B rown Gray w/Traces of Clay 7 15 G ray Brown Sand 6 8 12 20 W ater Table: 44" below existing surface W ater Table: 18" wet season J ob # KSM 981277-3B • • KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 D ate of Boring: June 11, 1998 L ocation: D epth in Ft. Shooting Range Indian River County, Florida B=7, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table -0- Gray Sand 2 1- 2 L t. Gray Sand 2 2 4 L t. Brown Sand 2 -3- 3 2 -4 5 v 34" B rown & Gray Sand Slightly 2 - 5- Clayed 4 4 -6- 4 - 7- 3 G ray Sand Clayed w/Shell 3 -8- Fragments 3 -9- 3 3 10 8 6 6 W ater Table: 34" below existing surface W ater Table: 2" wet season J ob # KSM 981277-7B KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 Date of Boring: L ocation: D epth in Ft. June 11, 1998 Shooting Range Indian River County, Florida B-8, See Attached Location Plan Description of Soil Blows/ 6 in. SPT -N Value Water Table - 0- Gray Sand 1 -2- L t. Gray Sand - 3- 4 - 5 - 6- 7 1 - 8- - 9- -10 r 2 2 2 2 3 2 4 5 0 30" • B rown & Gray Sand Slightly 2 Clayed 3 3 3 2 G ray Slightly Clayed w/Shell 1 Fragments & Rock 3 2 3 6 3 5 • W ater Table: 30" below existing surface W ater Table: 4" wet season J ob # KSM 981277-8B KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 D ate of Boring: June 11, 1998 L ocation: D epth in Ft. Shooting Range Indian River County, Florida B-9, See Attached Location Plan Description of Soil Blows/ 6 in. SPT -N Value Water Table - 0- 1 - 2- 3 4 5 - 6- - 7- - 8- - 9- -10 G ray Sand L t. Gray Sand G ray Clayed Sand 2 2 3 3 4 3 5 7 0 32" B rown Clayed Sand 5 4 G ray Clayed Sand w/Shell 4 Fragments 4 3 2 3 3 3 8 5 6 W ater W ater Table: 32" below existing surface Table: 6" wet season J ob # KSM 981277-9B • • • KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 Date of Boring: June 11, 1998 L ocation: D epth in Ft. Shooting Range Indian River County, Florida B-4, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table - 0- Gray Sand 1 - 2- L t. Brown Sand 3 4 - 5- 6 G ray Clayed Sand 1 2 2 2 1 4 4 5 7 30" L t. Brown Sand 4 1 1 2 G ray Clayed Sand w/Shell 2 - 7- Fragments 1 3 -8- -9- -10 5 5 4 4 9 W ater Table: 30" below existing surface W ater Table: 6" wet season J ob # KSM 981277-4B KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 D ate of Boring: June 11, 1998 L ocation: Depth in Ft. Shooting Range Indian River County, Florida B-5, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table - 0- Gray Sand 1 -2- L t. Brown Sand 3 - 4- Brown Sand 2 2 2 3 4 lb 4 5 9 4 5 5 B rown Gray Slightly Clayed 5 - 6- Sand 3 - 7- 3 G ray Slightly Clayed Sand 3 - 8- w/Some Rocks & Shell Fragments 4 -9- 3 3 -10 v 28" 10 6 6 Water Table: 28" below existing surface Water Table: 4" wet season Job # KSM 981277-5B KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589.6469 D ate of Boring: June 11, 1998 L ocation: D epth in Ft. Shooting Range Indian River County, Florida B-6, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table - 0- Gray Sand - 1- 2 W hite Sand -3- -4- - 5- - 6- 2 2 3 • 5 L t. Brown Sand 3 v 4 32" B rown Gray Clayed Sand w/Rock 2 6 2 3 3 3 -7- 3 6 L t. Gray Clayed Sand w/Shell 4 7 - 8 Fragments & Rock -10 4 1 2 3 Water Table: 32" below existing surface W ater Table: 4" wet season J ob # KSM 981277-6B KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 Date of Boring: June 11, 1998 FAX (561) 589.6469 L ocation: S hooting Range Indian River County, Florida B -10, See Attached Location Plan Blows/ SPT -N Water 6 in. Value Table D epth in Ft. Description of Soil -0- Gray Sand 2 1 2 - 2- L t. Brown Sand 3 5 B rown Sand • 3 -3- 2 - 4- B rown Gray Clayed Sand 6 8 3 2 v 30" O range Gray Clayed Sand w/Some3 5 - 6- Rock G ray Clayed Sand w/Shell 2 -7- Fragments 1 2 3 - 8- 2 -9- 2 3 - 10- 2 - 11- 2 3 - 12- 5 5 White Sand with a Lot of 12 - 13- Shell Fragments 20 31 -14- 12 - 15- 12 20 - 16- 14 -17- 30 31 - 18- 14 -19- 28 32 - 20 t 51 32 61 60 W ater Table: 30" below existing surface W ater Table: 6" wet season J ob # KSM 981277-10B KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 Date of Boring: June 11, 1998 FAX (561) 589-6469 L ocation: D epth in Ft. Shooting Range Indian River County, Florida 8-11, See Attached Location Plan Blows/ SPT -N Water 6 in. Value Table Description of Soil - 0- Gray Sand 3 1 4 Lt. Gray Sand 3 7 - 2- 1 3 2 Brown Gray Clayed Sand 3 5 - 4- 2 -5- 1 2 3 6 Gray Clayed Sand w/Some 3 -7- Rocks 2 4 -20- 3 4 4 4 6 6 0 30" 6 8 12 • White Sand with a Lot of Shell Fragments 20 17 23 24 30 37 27 31 30 31 34 40 40 67 61 74 W ater Table: 30" below existing surface W ater Table: 10" wet season Job # KSM 981277-11B KSM KELLER, SCHLEICHER & MacWILLIAM . ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 • D ate of Boring: June 12, 1998 L ocation: Depth in Ft. Shooting Range Indian River County, Florida B-12, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table -0- Gray Sand 1 - 2- L t. Gray Sand 3 - 4- B rown Gray Clayed Sand 3 4 4 1 1 3 3 -5- 3 - 6- 2 7 3 G ray Clayed Sand w/Shell 3 -8- Fragments 797 -10 9- -10 3 2 4 8 4 6 0 28" 6 Water Table: 28" below existing surface Water Table: 1" wet season Job # KSM 981277-12B r • KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 D ate of Boring: June 12, 1998 L ocation: D epth in Ft. Shooting Range Indian River County, Florida B-13, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table - 0- Gray Sand 1 2 L t. Brown Sand 3 - 4- - 5- 6 B rown Sand B rown Clayed Sand 3 2 3 2 2 4 3 3 3 5 6 6 28" G ray Clayed Sand w/Shell 2 - 7- Fragments 2 2 -8- -9- -10 2 3 2 4 5 Water Table: 28" below existing surface • Water Table: 4" wet season Job # KSM 981277-13B KSM KELLER, SCHLEICHER & MacWILLIAM , ENGINEERING AND TESTING, INC. PO BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 Date of Boring: June 12, 1998 Location: Depth in Ft. S hooting Range Indian River County, Florida B -14, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table -0- Gray Sand 1 2 L t. Gray Sand 3 - 4- -5- 6 3 3 4 7 B rown Sand B rown Gray Clayed Sand 2 3 4 2 3 2 7 5 v 30" G ray Clayed Sand w/Shell 3 - 7- Fragments 3 2 -8- -9- -10 3 4 3 5 7 W ater Table: 30" below existing surface W ater Table: 8" wet season Job # KSM 981277-14B KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 • D ate of Boring: June 12, 1998 L ocation: D epth in Ft. Shooting Range Indian River County, Florida B-15, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table - 0- Gray Sand - 1- - 2- L t. Orange Sand 6 -3- - 4- -5- -6- O range Sand G ray Clayed Sand 2 2 4 3 5 3 6 8 33" G ray Clayed Sand w/Shell 1 - 7- Fragments 2 2 - 8- - 9- 10 2 3 3 4 6 Water Table: 33" below existing surface Water Table: 10" wet season Job # KSM 981277-15B KSM KELLER, SCHLEICHER & MacWILLUAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589-0712 MELBOURNE (407) 768-8488 FAX (561) 589-6469 D ate of Boring: June 12, 1998 L ocation: Depth in Ft. S hooting Range Indian River County, Florida B -16, See Attached Location Plan Description of Soil Blows/ SPT -N Water 6 in. Value Table - 0- Gray Sand 3 -1- 3 Orange Sand 4 - 3- -4- 7 L t. Brown Sand G ray Clayed Sand 4 3 3 4 -5- 4 G ray Clayed Sand w/Shell 4 -6- Fragments 2 - 7- 2 4 - 8- -9- -10- 2 3 4 6 v 34" 8 6 7 W ater Table: 34" below existing surface W ater Table: 6" wet season Job # KSM 981277-16B KELLER, SCHLEIC MARTIN (772) 337-7755 PALM BEACH (561) 845-7445 FAX (561) 845-8876 C.A.: 5693 January 17, 2014 Tie OIL if. j161}7jvL HER & MacWILLIAM ENGINEERING A P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 www.ksmengineering.net E -Mail: KSM@KSMENGINEERING:NET ND TESTING SEBASTIAN (772) MELBOURNE (321) ST. LUCIE (772) FAX (772) • Indian River County Engineering Division Attn: Chris Kafer 1801 27th Street Vero Beach, Florida 32960 , INC. 589-0712 768-8488 229-9093 589-6469 •138 Feet Long Wall, 12 Feet High Indian River County Shooting Range Indian River County, Florida IRC P.O. #:. 68911-00 KSM Project #: 140038-b2 Dear Mr.•Kafer: As requested, KSM Engineering & Testing has: performed: an: additional..soll bonng at. the referenced site. Presentation of the data gathered during the investigation, together with our geotechnical related opinions, are:included in this report, It is bur:understanding that a new .138 -feet Tong wall; 12:feet high, will be constructed on: the site. The masonry wall will be 12 -inches Wide :arid steel. reinforced CMU `'poured solid" full of concrete or. "poured=in-place" formed concrete or. Tilt -up solid concrete construction. The .requirement of the wall is to stop small arms rounds :(.50::caliber or smaller). at close range. A. The scope of our study consisted of the following: 1. Performed a Standard Penetration Test Bonng in the proposed construction area to estimate the subsoil relative density. 2. Measured the groundwater level at the boring. 3. Evaluated the existing soil conditions with respect to the proposed construction and provided recommendations for site preparation and foundation design. 4. Prepared this report to document our findings. Ronald G. Keller. RE.: 37293 / SI Lic No.: 860 / Julie E. Keller. P.E.: 68366 j111 rn KELLER,.SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN (772) 337-7755 P0. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (772) 589-0712 PALM BEACH (561)845-7445 MELBOURNE (321) 768-8488 FAX (561) 845-8876 www.ksmengineering.net E -Mail: KSM@KSMENGINEERING:NET ST. LUCIE (772).229-9093 C.A.: 5693 FAX (772) 589 6469 Indian River County Shooting. Range.. -2- January 17, 2014 Indian River County, Florida B Site Investigation:. The siteinvestigation program consisted of performing 'one (1). Standard penetration , test boring in the proposed construction area at a location recommended . and field staked by our client. The .boring was terminated at -a .depth of 14 feet below grade. The location of the boring_ iswindicated on the -attached Boring Log. - • The SPT boring was completed in accordance with procedures described in ASTM D- 1586. A standard 1.5 inch I.D., 2 inch O.D.split-spoon sampler is driven into the soil by successive blows of. a 140:.pound. hammer freely falling 30 inches. ..The number of blows required to drive the _sampler. 1: foot, after seating 6 in:, is designated the Penetration Resistance, or."N" value At regular intervals the sampler.is extracted from the ground and opened to allow. visual.:examination and classification of. the retained soil sample.. Also the.groundwater.table was allowed to stabilize and the depth of the groundwater elevation recorded from existing.grade. • The records of the soils encountered, the penetration resistances and groundwater level are shown on the attached logs. C. Engineering Evaluation and Conclusions: Based on the information obtained from this site investigation,we are pleased to offer the following evaluation: The boring •log indicates the subsurface soils consist mostly of fine-grained sand and fine-grained sands that are slightly clayed or clayed.. Shellfragments were also found in the borings. "N"values recorded during the boring operation .indicate the soil density is. generally firm to medium dense Please refer to the soil boring Togs for specific information relative to the soil description: Based on the existing soil .conditions, the proposed wall can be supported on a shallow foundation system provided that the site is properly prepared. The following sections provide recommendations for the site preparation and foundation design. Ronald G. Keller, P.E.: 37293 / SI Lic No.: 860 • / Julie E. Keller, RE.: 68366 il0ANL 1t KELLER, SCHLEICHER & MacWILLIAM ENGINEERING A MARTIN (772) 337-7755 P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 PALM BEACH (561) 845-7445 www.ksmengineering.net FAX (561) 845-8876 E -Mail: KSM@KSMENGINEERING:NET C.A.: 5693 Indian River County Shooting Range Indian River County, Florida ND TESTI SEBASTIAN MELBOURNE ST. LUCIE FAX NG, INC. (772) 589-0712 (321) 768 8488 (772) 229-9093 (772) 589-6469 January 17, 2014 D. Typical Site Preparation:. The proposedconstruction area, plus a minimum margin of three feet beyond the proposed construction. shall • be stripped and grubbed of surface debris,. including vegetation, rootsand organic matter.. Stumps shall be .removed entirely. The construction area should be graded level and proofrolled. Any soft yielding areas shall be excavated and replaced with . clean compacted fill. Sufficient passes should be made during compaction operations to produce a density no less than 95 percent of its modified dry Proctor value (ASTM D 1557) to a depth of two feet. After the exposed surface •has. been -proofrolled;: the construction area may be filled to the desired grades:.. The fillmaterial shall -consist of dean granular sand containing less than 10%. material.passing the U.S. Standard No. 200 mesh sieve. .Place structural fill in loose layers of 12 inches in thickness and compact each Ilft.to of least 95 percent of its modified dry.Proctor value. After excavating for the footings, the disturbed footing subgrade should be recompacted to 95 percent (minimum) of its modified dry. Proctor value. This can be best achieved by .making several passes with a relatively: light -weight walk -behind:. vibratory sled or. roller: E Foundation: Provided that our recommendations for site preparation are followed, the proposed wall may be supported on conventional concrete slab, steel reinforced footings designed for an allowable soil bearing pressure of 2,000 pounds per square foot, or less. With the foundation properly designed and the site properlyprepared, we anticipate total settlements Tess than .1/2 bf:an Inch. The majority. of.the settlement should occur during construction. Ronald G. Keller, P.E.: 37293 / SI Lic. No.: 860 / Julie E. Keller, P.E.: 68366 Els1,Lfl Ire Illk KELLER, SCHLEICHER & MacWILLIAM ENGINEERING A MARTIN (772) 337-7755 P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 PALM BEACH (561) 845-7445 www ksmengineering.net FAX (561) 845-8876 E -Mail: KSMI@KSMENGINEERING:NET C.A.: 5693 ND TESTI SEBASTIAN MELBOURNE S.T. LUCIE. FAX NG, INC. (772) 589-0712 (321) 768-8488 (772) 229-9093 (772) 589-6469 Indian River County Shooting. Range -4- January 17, 2014 Indian River County,. Florida F. Closure: This reporthas been prepared in .accordance with generally accepted soil and foundation engineering practices based on the results of the test boring and the assumed loading conditions. This report does not reflect any variations which may occur. .If .variations appear evident during the course of construction it would be necessary to re-evaluate the recommendations of this project. We are pleased to be of assistance to you on this phase of your project. When we may bs oPftlftrgt'se r ice to you or should you have any questions, please feel free to call. E FQ • Ernail To: ckafer@ircgov:com anthony@donadio-arch.com .. Ronald G. Keller, P.E.: 37293 / SI Lic. No.: 860 / Julie E. Keller, P.E.: 68366 KSM KSM Engineering and Testing P.O. Box 78-1377 Sebastian, FL 32978 Telephone: (772)589-0712 Fax (772)589-6469 CLIENT Indian River County Engineering Division PROJECT NUMBER KSM # 140038-b DATE STARTED 1/13/14 COMPLETED 1/13/14 DRILLING CONTRACTOR DRILLING METHOD LOGGED BY DP & DG CHECKED BY JK NOTES Center Section of Proposed Wall BORING NUMBER B-10 PAGE 1 OF 1 PROJECT NAME Indian River County Shooting Range PROJECT LOCATION Indian River County, Florida GROUND ELEVATION GROUND WATER LEVELS: AT TIME OF DRILLING 1.50 ft HOLE SIZE inches AT END OF DRILLING --- AFTER AFTER DRILLING -- Q. 0 0 _ (0 MATERIAL DESCRIPTION w H w W CO 2 oD Q Z 0) 0 } 0 2 > 0 O w z w a 0 a ♦ SPT N VALUE • 20 40 60 80 PL MC LL 20 40 60 80 0 FINES CONTENT (%) 20 40 60 80 Brown Sand with Some Clay and Shell and Traces of Roots 5 10 SZ Pale Brown Sand SS Gray Clayed Sand 0• ' 0 0) 0' CC w w i CO h 0 0 0 w J LL 2 co co 0 0 0 0 0 go - CV N 0q 5 0, 0 coco Z 0 co 0 0 J x m 2 0 w 0 0 w 0I Gray Sand, Slightly Clayed with Traces of Shell ‘cge SS _X SS x SS X SS X S Bottom of borehole at 14.0 feet. k S 5-6-6 (12) 5-5-7 (12) 5-6-5 3-2-2 (4) 2-3-3 (6) 3-3-3 (6) 3-4-5 (9) A