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2012-211A
�j�.�,� ao t a • �. t i A ORI CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER BOULEVARD RESURFACING (41ST STREET TO 53RD STREET) BID NO . 2013007 PROJECT NO . 1131 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA GARY C . WHEELER , CHAIRMAN PETER D . O ' BRYAN , VICE CHAIRMAN . COMMISSIONER GARY C . WHEELER COMMISSIONER BOB SOLARI COMMISSIONER WESLEY S . DAVIS COMMISSIONER JOSEPH E . FLESCHER JOSEPH A. BAIRD , COUNTY ADMINISTRATOR JEFFREY R. SMITH , CLERK OF COURT AND COMPTROLLER • ALAN S . POLACKWICH , SR . , COUNTY ATTORNEY CHRISTOPHER R . MORA , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER MICHAEL D . NIXON , P. E . , ROADWAY PRODUCTION MANAGER . APPROVED AS TO FORM AND L L SUFF E C BY 00001 Is Project Title Page - REV 04-07.doc WILLIAM .TDyEdRTAALL y 00001 - 1 DEPUTYWILLIAM ��11� bfVl " N kMi F:\Publlc Works\ENGI IN SIO TS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927V+dmim\Contract DoeumentsW0001 - Project Title Page - REV 04w07.doc TABLE OF CONTENTS Section No. Title DIVISION 0 = BIDDING DOCUMENTS . CONTRACT FORMS , AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mappers 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\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\AdrnWContract Documents\00010 - Table of Contents - REV 04-07 .doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS + + END OF TABLE OF CONTENTS + + 00010-2 F :\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\00010 - Table of Contents - REV 04-07 .doc SECTION 00100 = Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127' Street Vero Beach, Florida 32960 � AVER A � LORI Telephone : ( 772 ) 567-8000 FAX : (772 ) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 P . M . on Wednesday, November 14 , 2012 Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "Indian River Boulevard Resurfacing (41st Street to 53rd Street)" and " Bid No. 2013007 . Bids should be addressed to Purchasing Division , 1800 27th Street, Vero Beach , Florida 32960 . All bids will be opened publicly and read aloud at 2 : 00 P . M . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 1131 INDIAN RIVER COUNTY BID NO. 2013007 PROJECT DESCRIPTION: The proposed improvements to Indian River Boulevard consist of resurfacing both northbound and southbound lanes from 41st Street to 53rd Street (approximately 8400 linear feet) . Also included with the project is signing and marking of the proposed resurfaced lanes. This is a F . D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 427573=148-01 All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Public Works Department/Engineering Division , 1801 27th Street , Vero Beach , Florida , 32960 , (772) 226- 1283 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County. in the amount of $75. 00 for each set, which represents cost of printing and handling, which is non-refundable. Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing0ircaov. com . All bidders shall submit one ( 1 ) original and one ( 1 ) copy of the Bid Proposal forms provided within the specifications . BID SECURITY must accompany each Bid , and must be in the form 00100 - Advertisement for Bids REV 04-07.doc 00100 " 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927Wdmim\Contract Documents\00100 - Advertisement for Bids REV 04-07.doc 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 period of nine 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 : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : October 10 , 2012 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building " B" Vero Beach , FL 32960 * * END OF SECTION 00100 - Advertisement for Bids REV 04-07.doc 00100 - 2 F:\Public Works\ENGINEERING DIVISION. PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00100 - Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No . - Title rage ARTICLE1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE5 - PRE-BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . ammomme some@ *. & 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . 4 ARTICLE8 - BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE9 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . 5 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 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 ARTICLE17 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gong . . . . . . . 9 ARTICLE 19 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE . . . . . . . . oboes@ me 9 ARTICLE 21 - SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 00200 - Instructions to Bidders REV 04-07.doc 00200 - i FAIDublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Suble Article Award of Contract . . . . . . . . moves asseemassm * am 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Copiesof Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretationsand Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modificationand Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Pre-Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Signing of Agreement . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substituteor "Or- Equal' Items . . a 0 0 6 a a a 4 0 0 a 6 a a a a 6 6 0 a a a 1 0 a 0 G a 4 a 0 0 a 9 0 a 9 a 0 a a 0 a 9 a a 0 6 a 0 a 4 a 9 a 0 a 0 0 0 a a 0 a 0 a a * a * a a 8 a a a 0 9 6 0 6 6 0 a 0 0 a 0 0 0 0 a 0 a 11 00200 - Instructions to Bidders REV 04-07.doc 00200 - ii RAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\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 2901 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 . 2002 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. 2003 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 as QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR, at least three projects similar in scope to this project. Co 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 PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 3 . 02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, AND SITE 4 . 01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4. 02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER , or others . 4. 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any, that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4. 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . 00200 - Instructions to Bidders REV 04=07.doc 00200 - 2 FAIDublic WorkMENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdndm\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 (Christopher J . Kafer Jr. , P. E . 772-22& 1221 ) , 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 (CHRISTOPHER J. KAFER JR., P. E. , (772) 2264221 ) 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 ; 00200 - Instructions to Bidders REV 0447.doc 00200 - 3 F:%Public Works\ENGINEERING DIVISION PROJECTS%l131 -IR Blvd Resurfacing 41 st St to 53rd St-SEE PROJ 0927Vadmim\Contract Documents100200 - Instructions to Bidders REV 0407.doc Rev. 05101 G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; H . correlate the information known to Bidder, information and observations obtained from 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 (purchasingi0a).ircpov. 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 - Instructions to Bidders REV 0407.doc 00200 = 4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 j ARTICLE 8 - BID SECURITY 8 . 01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 01 of the General Conditions . The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch , U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the Successful Bidder shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions . 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions?of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 90 days after the Bid opening , whereupon Bid Security furnished by such Bidders will be returned . 8 . 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement . ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any, are set forth in the Agreement . ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11 . 01 The Contract, if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to 00200 - Instructions to Bidders REV 0407.doc 00200 - 5 PTublic Works\ENGINEERING DIVISION PROJECTS11131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROD- 0927Wdmim\Contract Documents100200 - Instructions to Bidders REV 04-07.doc Rev. 05101 ENGINEER , application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement . The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements . ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers, individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER . If OWNER or ENGINEER, after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity, OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the, .Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions. 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office. 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable" entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927Wdmim\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:Wublic Works%ENGINEERING DIVISION PROJECTS111314R Blvd Resurfacing 41 st St to 53rd St-SEE PROJ 0927MmimlContract Documents100200 - Instructions to Bidders REV 0"7.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), 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 27"' Street, Vero Beach , Florida , 32960 . ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non-responsive , read aloud publicly. An abstract of the amounts of the base Bids. and major alternates , if any, will be made available to Bidders after the opening of Bids . 00200 = Instructions to Bidders REV 04-07.doc 00200 - 8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 09271Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may , in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19. 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non-responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The Owner 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 entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions . 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications , and financial ability of Bidders, proposed Subcontractors, Suppliers , individuals, or entities to perform the Work in accordance with the Contract Documents. 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 00200 - Instructions to Bidders REV 04-07. doc 00200 - 9 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\00200 - Instructions to Bidders REV 0447.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 Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bond , unless the Bond has been waived due to the total contract being less than $ 100 , 000 . ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount, from the Contract time . Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . * * END OF SECTION 00200 - Instructions to Bidders REV 04-07. doc 00200 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131-IR Blvd Resurfacing 41 st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00200 - Instructions to Bidders REV 04 ,07.doc Rev. 05/01 SECTION 00300 - Bid ' Package Contents THIS PACKAGE CONTAINS : IF SECTION TITLE SECTION NUMBERIF Bid Form 00310 Bid Bond ,' 00430 IF I IF Sworn Statement on Disclosure of Relationships 00452 Sworn Statement, Under the Florida Trench Safety Act 00454 IF Qualifications Questionnaire , ' 00456 . . List of Subcontractors 00458 SUBMIT ONE (1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION 00300 - Bid Package Contents - REV 04=07.doc 003001 FAPubiic WorkS\ENGINEERtNG DIVISION PROJECTS11131-IR Blvd Resurfacing 41st Sl to 53rd St-SEE PROJ 092744dmimlContract Documents\00300 - Bid Package Contents - REV 04-07.doc " g1VE�p Indian River County Purchasing Division A '� 180027 1h Street Vero Beach , FL 32960 A Phone (772) 226- 1416 Fax (772) 770-5140 LUR1� ADDENDUM NO . 1 Date . November 7, 2012 Project Name : INDIAN River Boulevard Resurfacing (41St Street to 53rd Street) BID NO. 2013007 PROJECT NO. 1131 Bid Opening Date : Wednesday, November 14, 2012 at 2 : 00 p . m . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or Contract Documents . This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . 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 Bidding Documents as deemed advisable by OWNER or ENGINEER. PLEASE NOTE THAT ANY FURTHER QUESTIONS RECEIVED PRIOR TO THE DATE OF OPENING BIDS WILL NOT BE ANSWERED. The subject addendum is generated to change/clarify the Contract Documents and Plans and address questions/clarifications by plan holders : 1 . Bid Item No . 57041 2 Performance Turf — Sodding ( Bahia or Match Existing) quantity has been revised to 3734 SY . 2 . Bid Item No . 5704- 2A Performance Turf — Sodding ( Floratam or Match Existing ) with a quantity of 3734 SY. This Item has been added to the Itemized Bid Schedule . ADDENDUM: No . :1 F IF Page Two Date: November 7, 201I IF2 Project Name: INDIAN River Boulevard ResurfacinIF g (41st Street to 53`� Street)` BID NO. 2013007 PROJECT NO 1131 " Bid Opening Date: Wednesday, November 14, 2012 at 2 :00 p. m: I IF FF FIL Attachments:. 1 . Revised Itemized Bid FSchedule Dated 11=7-2012 . 2 . Revised Technical Specification Sheet No. 01025= 15 dated . 11-71012 F FI I IF IF IF I IF * * * * **This Addendum MUST be Completed °and, returned with your Bid* ** * * * IF ADDENDUM NO. 1 is submitted b 000 Christoph . W ` , Jr.,jogs, County Engineer J r Davi , Purc asing Manager Community Asphalt Corp . Company Name Name : Brian Beetle Title : V �.�_ rA . (Type / Printed ) Authorized Signature : Date : 1 /114/41L Telephone : ,Z� 43ri 17Z Q Fax: �Z& T7a d7a7 FAPublic WorkMENG1NEERING DIVISION PROJECTSU 131411 Blvd Resurfacing 41st St to 53rd St-SEE PROD 092AAdmirnContract Documents%Addendum # 1\Addendum No. 111442.doc IF F SECTION _ 00310 IF , - Bid Form III PROJECT IDENTIFICATION : - Project Name : INDIAN RIVER BOULEVARD RESURFACING (41sT STREET I F RD STREET) 11 11 IF I County Project Number: 1131 BiIF Id NumberI III III : . 2013007 Project Address11, : INDIAN RIVER 41 BLVD. I INDIAN RIVER COUNTY, FLORIF IDA IF Project DF I The propose"d improvements to Indian River ` Boulevard donsist of resurfacing both northbound and southbound lanes from 41 StII reet` to 531' .Street11 (appro) imately' 8400 linear feet): °Also included with the project is IF signing and marking of the proposed resurfaced lanes. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY IF 1 180027 th Street VERO BEACH , FLORIDA 32960 1 .01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. I IF 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders1 IF , 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 11 ,I�Il � B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost, progress and performance of the Work. 00310 = Bid Form REN 0"7 .doc 00310 - 1 Fe%Publie Works%ENGINEERING DMSION PROJECTS111314R Blvd ReswWng 41st St to 53rd St-SEE PROD 0927W rfdmlCo,* DowmentsW0310 - Bid Form REV 04- 07.doo Rev. 05118!01 I IF A AAA A IA A II kAIk1 ,F A AAA 1A A A4 A AI AA AA conditions aA AAIt or contiguous: to the Site andFA AA all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous, to the Site ,(except Underground mA A AA 1 AA Facilities) which have been idenfified in the Supplementary ' Conditions as provided in paragraph 4.02 of the , General Conditions; and, (2%A 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 , investigatA1ions ;; explorations, tests , studies A10 A _and data concerning conditions .(surface , subsurface and Underground Facilities) at or contiguous II FFLAA_ eI I . AI I A111A I 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 , sequencesA , AAA and . procedures of construction expressly required by the Bidding Documents t6l employed by ,AABidder, and safety precautions and programs incident thereto. F.. BsA idJI , AA der does not considerA that A1-I 1AA any further exaI1AA minations, investigationsI I, explorations, tests , studies, or data are necessary for the determination of this Bid for performance of the Work at IIA A IA F AA the prices) 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 A Site '#hat relates to the Work as indicated in the Bidding Documents. H . BiFA dder hvA as correlated the information known to Bidder, information and observations obtained from ' visits 'to the Site, reports and drawings, identified in ° the Bidding- Documents, and A A all additional examinations, investigations , explorations, tests, tudies,' and data with the Bidding Documents. I . Bidder has 1 , 1given ENGINEER. written notice of all confliA .1cts, errors , ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the and 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 . 4001 Bidder further represents that this Bid is genuine and not made in the interest. of or on behalf of . any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation ; Bidder has not t directly or indirectly induced or solicited any other Bidder to submit a false or sham Bids Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 we Bid Form REV 0"7.doc 00310 - 2 F:LPubllc Works\ENGINEERING DIVISION PROJEC IM1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927VuirNml0ontract Doeumems\00310 Is Bid Form REV 04 07.doc Rev. 05!16101 _ . . _ _ v I FI IIIADDENDUM 01 11 -7-2012 IF ITEMIZED BID SCHEDULE ' IF I PROJECT NAME * ; INDIAN RIVER BOULEVARD RESURFACING (41ST STREET TO 53RD STREET) 1 : F , LjIRC PROJE Au Y #2 12M BIDDI IF. I IFER'SIF IF . , NAME ASpttllt t;0I . - 101 -1 MOBIIF LIZATION O INCLUDE PUBLIC CONSTRUCTION BOND LS 1 tGIF IF 102-1 MAINTENANCE OF TRAFFIC 11 1 1 1 IFLS 1 . 70 241 9gg , Io 104-1 EROSION AND .WATER POLLUTION CONTROL LSIF I IF I 1 2 y12. 31 2 yI1 . 31 327-70-1 MILLING EXISTING ASPHALT PAVEMENT 1 " DEPTH SY 715461 . } ' �i 2 • .y y 334-1-13 SUPERPAVE ASPHALTIC CONCRETE 1 =1 /2" SP-9.5 tsy , 1 71 ,546 1 07. &4 1 16364491 % sq - * 570-1 -2 PERFORMANCE TURF - SODDING (BAHIA OR MATCH EXISTING) SY 3,734 2 17 a 1010 .47 $ * 570-1 -2A PERFORMANCE TURF .= SODDING (FLORATAM OR MATCH EXISTING) SY 3,734 3 0 y , 111 IF 3� 700-20-11 SINGLE POST SIGN <12 W4-2R MERGE AS 3 J t,01e •7y 920 . 22< , Ii I IF 706=3 RPM BI-DIREC ZONAL AMBER/AMBER EA 287 t . I6 706-3A RPM BI-DIRECTIONAL HITE/RED EA 738 711 -11 -121 THERMOPLASTIC TRAFFIC STRIPE -WHITE SOLID 6" LF 2005 +� l°� • I g 7Z . Ash 11 IF IF 711AIIIA22 THERMOPLASTIC TRAFFIC STRIPEWHITESOLID 8 LF 1513 • I . - 724140 $2 7IF 11 ,11 -124 THERMOPLASTIC TRAFFIC STRIPE WHITE SOLID I8 LF 118 t . 02- 2 1 `T . :3'4 711 -11 -125 THERMOPLASTIC TRAFFIC STRIPE WHITE SOLID 24" LF 92 711 -11 -141 THERMOPLASTIC TRAFFIC STRIPE WHITE SKIP 6" 6'-10 LF 3936 �! . q ' � I . 07 to 711 -11 -141A THERMOPLASTIC TRAFFIC STRIPEWHITE SKIP 6" 10'-30' LF 15,510 0 . I I I � ` O 711 -11 -141B THERMOPLASTIC TRAFFIC STRIPE WHITE SKIP6" 2'-4' LF 187 O r � 0 I is . d 711 -11 -160 THERMOPLASTIC PAVEMENT MESSAGE MERGE EA 7 2 • ' 1 O • 79 711 -11A70A THERMOPLASTIC STANDARD WHITE TURN ARROW EA 64 �• .3g �i 56. 32 711 -11 -1708 THERMOPLASTIC STANDARD WHITE MERGE ARROW EA 7 we 3� W .� } T. G t 711 11w221 THERMOPLASTIC TRAFFIC STRIPE YELLOW SOLID 6" LF 15,311 * 6091 13 711 -11 -221A THERMOPLASTIC TRAFFIC STRIPE YELLOW SOLID 6" DOUBLE LF 50 ( . 4 0 711 -11 -224 THERMOPLASTIC TRAFFIC STRIPE YELLOW SOLID 18" LF 24 . 02 Z. • 711 -11 -241 THERMOPLASTIC TRAFFIC STRIPE YELLOW SKIP 6" 6'-10 LF 611 Q . (e . O I IF 711 -11 -241A THERMOPLASTIC TRAFFIC STRIPE YELLOW SKIP 6" 2'-4 IF 986 �• �/ 1. 2 G INDIAN RIVER BOULEVARD RESURFACING SUB TOTAL 7 °1 `/3. Z FA-1 FORCE ACCOUNT LS 1 $20 000.00 $2p D00.00 INDIAN RIVER BOULEVARD RESURFACING PROJECT TOTAL 714 gtl5. 42. PROJECT TOTAL ( IN WORDS) StYeA ia�+-►d �ta Scqe "J SiX l�ay►So� ad NiN� 1Aw.► dY44 '�' oy� ewe `�olb•�f S a Nc� '�'oY+� Two Geti+t5 . AS = Assembly LS = Lump Sum . LF = Linear Foot EA = Each SY = Square Yard F:Wubik Works\ENGINEERING DIVISION PROJECTS111314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\AdmimlContract Documents'ADD-1 ITEMIZED Bid Q. k. b An 1191 vle . 6.01 Bidder shall complete the Work in accordance with the Contract Documents for the prices) contained m the Bid ScheI I IF IF dule: IF I 1 % 1A. The Discrepancies between the multiplication of units of Work IF and unit prices will be resolved in . avor 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 . I . III+� IFIF I Be The Owner reserves the right to omit or aIF 11dd to the construction of any portion or portions Illof the , .work, heretofore; enumerated or shown on the plans. FuIF rthermore , the Owner rLIZ eserves the right to , omit in its entirety any one. or more items of the . Contract without F10 . 1(forfeiture of Contract or claims for loss of anticipated profits or any claimIF s by the ® IF Contractor on account of such omissions. IF I IF !: C. Bidder acknowleII dges that estimated quantities are not guaranteed , and are solely forthe purpose of comparison of Bids, and final paIF Iyment for all Unit Price Bed 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 lots of profits shall accrue to the Contractor by reason thereof. IF I IF D. Unit Prices have been computed in accordance with paragraph 11 .03. 13 of the General P P g P Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07. 13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 1 6.02 Bidder accepts . the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule Be Required Bid security in the form of 11k310B i,hj3M a ; C. Sworn Statement Under Section 105. 08, Indian River County Code, on Disclosure of Relationships , D. Sworn Statement Under the Florida Trench Safety Act; E . Qualifications Questionnaire ; F. List of Subcontractors; 00310 - Bid Form REV 0447.doc 00310 - 4 F:1PuMio Wbft%ENGINEERING DMSION PROJECTS111314R BIW Rewftdng 41st St to 53rd St-SEE PROJ 0927tgdmtmlCon"d Dommwts=10 - Bid Form REV 04 8.01 The terms used in this Bid with initial capital `letters have the meanings indicated in the Instruction s" to Bidders, the General -Conditions, and theSup plementary . Conditions. SUBMITTED on s �,v, 20_ State Contractor License No 6W406 If Bidder is: An Individual Name. (typed or, printed) : " By: _ (SEAL) (Individual's signature) Doing' "business as: Business address: Phone No. : FAX No. : A Partnership Partnership Name: (SEAL) By: (Signature of general partner snow attach evidence of authority to sign) Name (typed or printed): Business address: Phone No. : FAX No. : A Corporation Corporation Name: Comfintim . t A (SEAL) State of Incorporation : 1~ Log't� Min Type (General ;usin/ep. fes Tonal, Service , Limited Liability): 4ftsa4 � L ( &Ci,� MEWBy: (Signafur�eslow attc of authority to sign) Name (typed or printed) : ' Lt && _1 k ei ISP Title: i r,o�e.i (CORPORATE SEAL) Attest +' `JL. e elopyw (Sin re o Corpora a Secretary) Business address: a.l_f " XAjhcstgzf3t 21 VgA? &=A PL 9& 7L 00310 00310 - Bid Forth REV 0"7.doc 00310 - 5 FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927%Admim%Con"d DocumentsMI10 - Bid Form REV 04w 07.doo snow-- - .CERTIFICATE I IF IF I ( Corporation) IF The undersigned hereby certified that the following -are ,true and correct statements : 1 . That she is the . Assistant Secretary of Community Asahalt Coral a . corporation organized and existing in good standing under the ;laws of the State of . Florida hereinafter referred to as the "Corporation" , and that the following Resolutions are true and correct cop of certain Resolutions adopted by the Board of Directors of the Corporation as the 18tm day. of JulIF y. 2002 , in accordance with the laws of the. State of the .state of incorporation of the Corporation ; the Articles of Incorporation and the By=Laws of the Corporation : IF RESOLVED, that the Corporation shall enter that certain_ Bid Document between Indian River County IF Board of County Commissioners ,` a political subdivision fF theI State of Florida and the Corporation ,` a COPY of which is attached I 'm.hereto; and be; it ` IF FURTHER RESOLVED, that Brian Beetle, the Vice President, of the Corporation, is hereby authorized and instructed to execute' such Bid Document and such other` instruments `as may be necessaryand appropriate for the Corporation to fulfill its obligations under the Agreement. 2 . That the foregoing resolutions have, not been modified , amended , rescinded , revoked or otherwise changed and remain in full force and effect as of the date ;hereof. 3. That the Corporation is in good standing under the laws of the State of Florida or its state of incorporation if other, and has qualified , if legally required , to do business in the State of Florida and has the full power and authority to enter into such Agreement. IN WITNESS WHEREOF, the undersigned has set his hand and affixed the Corporate Seal of the Corporation the 23h day of October, 2012 . IF Ottignature) (CORPORATE SEAL) c JFW asyr ( Print Signatory's Name ) IT' S ASSISTANT SECRETARY Community Asphalt Corp. 9725 NW 117 Avenue , Suite 110 Miami , Florida 33178 State of Incorporation : Florida SWORN TO AND SUBSCRIBED before me this/ tlay of, 2012 by the Assistant Secretary of the aforesaid Corporation , who is personally known to me OR who produced as identification and who did ake an oath . (JOVIV4 16 111111111111111 f_0V =stateda ( Notary Si tura} Ly pr ommission _c 130�4eY ti c K'lard (Print Notary's Name) NOTARY PUBLIC State of Florida At Large My Commission Expires. Phone No . : FAX No . : IF Date of Qualification to do business is A Joint Venture: Joint Venture Name: (SEAL) I IF IF By: (Signature ofioint venture partner -- attach evidence of authority to sign) Name (typed or printed) : Title: Business address: Phone No. : FAX No. Joint Venture Name: (SEAL) By: (Signature attach evidence of authority to sign) Name (typed or printed) : Title: Business address : IF Phone No. . FAX No. : Number, and Address for receipt of official communications: Phone and FAX p Each Joint venturor must sign. The manner of signing for each individual partnership, and ( J 9 9 9 , p p, corporation that is a party to the joint venture should be in the manner indicated above. ) 00310 - Bid Form REV 0"Tdoc 00310 - 6 FAPublic Wbft%ENGINEERING DIVISION PROJECTSX1131AR Blvd Resurfacing 4191 St to 53rd StSEE PROD 09271Admim\Co *act Documerds100310 - Bid Farm REV 04 07.doc f - -1 . Document A31 OTM 2010 IN Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place COMMUNITY ASPHALT CORP. of business) . 7795 Hooper Road TRAVELERS .CASUALTY AND SURETY West Palm .t3each, FL 33411 COMPANY OF AMERICA This document has Important legal IN 111 One Tower Square . consequences, Consultation with Hartford, CT 06183 IN INNER: an attorney Is encouraged with (Name legal status and address) respect to its completion or NNI INDIAN RIDER COUNTY BOARD OF COUNTY COMMISSIONERS modification. Any singular reference to 1601 27thSiresIN t;Vero Beactr, FL 32960 Contractor, Surety, Owner or IN BOND AMOUNT: Five paroent of amount bid. other party shall be considered -IN (5% of Amount Bid) plural where applicable. PRQJECT: (lYania, location or address, and Project number, if any) B10M. 2013007: Indian River Blvd . Resurfacing (41 st to 53rd Street) 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 IF 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 (1). enters into a contract with the Owner in accordance with the terms of such- - bid, andgives Bach bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the juimt diction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract df for protpprosecution thereof; or (2) pays to the Owner the differeto exceed the amount of this Bores, between the amount specified in said bid and such larger amount for which the Owner tray 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 IN 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 shallnot 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 herefrotn 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. Si ed this 6th day of November, 2012 COMMUNITY ASPHA OR , (Principal) (Sep!) (Title) r , TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA tress) (Sur e (Tlt f Joseprh M. Pietrangelo, AttoZW in Fact AIA Document A3101m - 2010. Copyright 01863, 1970 and 2010 by The American Institute of Architects All rights reserved. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , 1 POWER OF ATTORNEY TRAVELERS `� Farmington Casualty Company St Paul Mercury Insurance Company 3 Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company =i Fidelity and Guaranty Insurance Underwriters, Inc., Travelers Casualty and Surety Company of America St. Paul Fin and Marine Insurance Company United States fidelity and Guaranty Company }; SL Paul Guardian Insurance Company AttorneyIn Fact No. 22¢611 Certificate No. . 0 0 4 7 0 7 8 6 2 i KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety _Company, and E` Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelityand Guaranty I' Company is a corporation duly organized under the laws of the State of Maryland, 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 Joseph M. Pietrangelo, and Claudette Alexander Hunt of the City of Misirn i , State of Florida their true and lawful Attomey(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 perfortnance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any, actions or pibceedings allowed by law. rcfi IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their,; affixed,corporate seals to be hereto axed, this 24th day of January 2012 Farmington Casualty Cotnpeny SL Paul Mercury Insurance Company Fidelity and Guaranty insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insuhi ce Underwriters, Inc. Travelers Comity and Surety Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company SL Paul Guardian Insurance Company ensu ♦` r Na 4 o��.M 'p"SG9 �, INSYq r Z 19a =6 a 'ice O = a HAmwm, $� �l11 ` SEgL $81LLr COHN. ' � ► • F State of Connecticut By: Ate S City of Hartford ss. Georg Thompson, nior tee President Orr this the 24th day of January 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, lnc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. at In Witness Whereof, l hereunto set my hand and official seal. My Commission expires the 30th day of lune, 2016. Marie C. Teucault, Notary Public 58440-6-11Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY ISINVALID WITHOUT T ORDER SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond . " END OF SECTION 00430 - Bid Bond REV 04-07 .doc 00430 - 1 FAPubllc WorksXENGINEERING DIVISION PROJECTM1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdnrim\Contract Documents\00430 • Bid Bond REV 04- 07.doc Rev. 05101 SWORN STATEMENT , UNDER SECTION 105.0$, INDIAN `RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY, PUBLIC OR OTHER OFFICER IF AUTHORIZED TO ADMINISTER OATHS : 1 . This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2013007 for Indian River Boulevard Resurfacing L41 . Street to . 53`d Street 2. This sworn statement IF is . submitted b : Y ln .b) flT1 - lt' 4 IV (Name of entity submitting ; Statement} whose business address is : FL Sea ZA 30 My name is '$ PMA A-Q f +� - r �,- 4► (Pleaseprintname of individual signing} and my relationship o the entity named above is 1�ICho ?2t . 11PA 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, brother4n-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6 sed on information and belief, the statement, which I have marked below, is true in relation to the entity ftbmitting this sworn statement. [Please indicate which statement applies.] vl Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105 . 08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452=1 F:iPublic Works\ENGINEERING DNISION PROJECTS\1131411 Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract I - Nara of Affiliate Name of County Commissioner11 all a : Relationship or entity or employee (Signature) 1► . B (Date) ` ' STATE OF V 1eR.1<I / COUNTY OF ' w ► . 1-� The foregoing instrument was acknowledged before me this day of sJ e tjLAyY 20jwi�, by 732t who is ersonally known t me or who has produced as identification. NOTARY PUBL NOTARY PUBLIUTATE OF FLORIDA Maureen F. Merrick SIGN: Commission # DD963036 Expires. FEB. 189 2014 PRINT ' sormsn Txxv ATIAN71C BoNnnac co., INC Notary Public, State at large My Commission Expires: (Seal) yt 00452-2 F:1Public Works\ENGINEERING DIVISION PROJECTSM 131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 09271AdmWContract SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act MUST B SIGNED -. T THIS FORM E D BY HE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ' (" BIDDER"), OR ITS , AUTHORIZED` In I REPRESENTATIVE, IN THE PRESENCE :OF 'A Nm 1 , OTARY PUBLIC AUTHORIZED TO AIn DMINISTEROATHS. 1 . This SwornStatement is submitted with Project No. 1 , 131 for Indian River . Boulevard Resurfacing (41 ' Street to . 531 Street) 2 . Thi s Sworn Statement is submitted by ( >aM1c1rJ .`�'U l�'tSDhin ArII- ae , K In (Legal Name. of Entity Submitting Sworn S'ta ment) hereinafter "BIDDER" . The BIDDEIII m %7 IKs address is _ �} 3 . tri13c39tp me BIDDER'sFederal Employer identification Number (FEIN) is Sol -aria-za1 R 3 . My name is ' 3as Ari �e-�hP and my relationship to the BIDDER (Print Name of ndividuai Signing) Is . Jt riC� i�{ In I (Positlon or Title) t I certify, through my signature at the . end of this Sworn Statement; that I am an authorized representative of the BIDDER: II 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. sed . Florida Statutes and refer to the applicable. . Florida Statue(s) and/or OSHA Regulation (s) and include the "effective , date" ` in the citations) Reference to and ' compliance with the applicable Florida Statutes) and OSHA `Regulation (s) is the complete and ole responsibility of the BIDDER. Such reference will. not be checked by OWNER or ENGINEER and they shall have . no . responsibility to review or check the BIDDER's compliance with the Trench Safety. StandardsI men . 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards . . 6 . The BIDDER has allocated and included in its bid the total amount of $ , based on the linear feet of trench to be excavated over five (5) feet deep , r compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method (s) of compliance on this Project, The determination of the appropriate method (s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose , The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER'S compliance with the Trench Safety Standards . 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 horing safety requirements and intends to comply with said shoring requirements by instituting the following speck method (s) of compliance on this Project. 00454 - Florida Trench Safety Act - REV 0"7.doc 00454 - 1 F.%PuWIC Woft%ENGINEERING DIVISION PROJECTSM3141k Blvd Rewftdng Mat St to Mrd St-SEE PROJ 09271AdrrdmrContrad Documents00454 • FWda Trench Safety Ad - REV W07.doc The" determination of the appropriate " method (s) 'F. of compliance is the complete and sole - I responsibility of the BIDDER. Such methods will not be `chocked by the OWNER` or " ENGINEER for"1 accuracy, completeness or anyI other purpose: The , OWNER and ENGINEER shall have ` no responsib{lity to review or check' the BIDDER'S compliance F. with the TrenchSafety Stantlards: 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, F based on " � such Iiformation - and the ° BIDDER -s own information ; the BIDDER has IF IF sufficient knowledge of the Project's surface " and subsurface site :conditions and characteristics " to assure BIDDER's compliance. "wifh the cF . `Trench Safety Standards in designing the trench safety systems ) for the Project. 41 r IF BIDDER: IOC u � � I T IF By:FF : - Position or Title: ?es dA -tj,!aee -) f l m?.JLe >{ Date: PA" STATE OF tO 211 ` l COUNTY OF t M T:! ;P 1411 : V1 Personally appeared before me, the undersigned authority, 394 A0 lNee4 l oP who fter first being sworn by me, affixed his/her signature in the space provided above on this 1 , day of jInye to 0.0ty, I , 201a NOTARY-PUBLIC451'GTn OF FLOWDA a- r •do, � ,..,.,..,, Maumu e irk # DD963036 o P b tc, to at large ,MliCommission .r Espt. FEB. 18, 2014 My Commission Expires: $oxn» x> uArrizcaoNDtxaca,nQc. * * END OF SECTION 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 2 F:1Public WorkMENGINEERING DNISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 092AAdmimACcnfract DocunwtsW0454 • Florida Trench Safety Act • REV 04=07.doc I _ IF SECTION - 00456 - tQUALIFI.CATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NOW RESPONSIBLE BIDDERS . . undersignedUNDER Bidder Guarantees the truth and accuracy oval statements a dF nswe sRhere n contained . Failure to comply with these requirements may be considered sufficient justification . 'to disqualify a Bidder. Attach additional, sheets _ as required . Documentation Submitted with ' Project No: 1131 Project Name : , Indian' River Boulevard Resurfacing 141st ;Street to 53"' Street) 1Bid41 . der's Name / Address : �Dty1M0111 A- h- fZ a — Q 9 1S''1t2L X1-.1 +Z 1 a; P1h '3P J f1 hV I - c'i to • 2 . Bidder's Telephone & FAX Numbers : '� � - . 31tn • . 1 dated 3. Licensing and Corporate Status : a . Is Contractor License current? b . Bidders, Contractor License No: 0E„n_ n it �}g [Attach a copy of Contractors 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: c Ara S 5 . What is the last project . OF THIS NATURE that the firm has . completed? 6e e. N4 Reil, S IJ_ e�7 M, 9AM0942i L & 6. Has the firm ever failed to complete work awarded toyou? [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 Owners 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 Owners 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? [if your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged . ] 00456 - Qualifications Questionnaire.doc 00456 - t FAIDublic Woft\ENGINEERING DIVISION PROJECTS I1314R Blvd Resurfacing 41st St to 53rd 3t-SEE PROJ 0927%drri tContract Docunrents\00456 - Qualifications AuaeHnnnaira.doc . 9. Has the I FIF ever been charged with noncompliance of any public policy , or rules? lwa' I IFIF IF 71 IF [If your answer is "yes , then attach a separate page, to thisquestionnaire that explains the circumstances and list the project name , .Owner, and the Owner' telephone number for each project.] IF 10. Attach Q to this questionnaire , a notarized financial statement and other inform tion that _ . documents the firm's IF IF. financial strep IF hand histIF ory. see A �cdt. e %Aatev { `? IF 11 . l the firm ever defaulted on any of its projects? 1Jb IF IF I IF F [If your answer is "yes ,, then attach a separate page #o this . questionnaire that explains the circumstances and 16t the ` project name, Owner, and the Owner's telephone number for each project in+ 1 IF which a . default occurred . ] t IF 12. Attach a separate page , to : ,this: questionnaire that summarizes the firm's current wo to d and that; demon trates I IF its ability to. meet the project schedule . 5}-A s 13. Name of person who . inspected the site of the proposed work for the firm. Name . X021 Date of Inspections : I 14. Name of on-site Project Foreman . •Sic . Number of years of experience with similar projects as a Project Foreman : 3 'ON 15 . Name of Project Manager: INCJZ %J o Number of years of experience with similar projects as a Project Manager: _ 16 . State your . total bonding capacity: ,3 • �a � Irlra � 17. State your bonding capacity per job . Ila�'�rnotlda, 18 . Please provide name , address , telephone number, and contact person of your bonding company: AO N) R%suSc"Ces ,W t SAWMA A Bag 02 60t t yen m • prfVNI FLrk Fen eti�r �Sbsedplr, P� ete� at�Gl.b [The remainder of this page was left blank intentionally] 00456 = Qualiflcabons Quesdonnaire .doc 00456 - 2 RAPubllc Works\ENGINEERING DMSION PROJECTS\1131AR SW Resurfadng 41st St to 63rd St•SEE PROD 09271AdmimXContract Documents\00466 - QualfAcsUons Ques6onnelre.doc i - 19. Complete the following table for SIMILAR projects : I . 111 : 04 , IFFII � I I 4r IF , DateContact Person : Name OriginaUContmct Rd IF Contact ' IF Name of Project Completed : Owner and Tele hone Number Amount ntF . IF I IF IF IF rr 00456 - Qualifications Questionnaire.dw 00456 3 F:Wublic WorkMENGINEERING DIVISION PROJECTSM 131-IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927VWrrdmtContract Docurnents\00456 - Qualifications Questionnaire.doe i [NOTE: If requested by the County, the ' Bidder shallTurnish references, and other information, sufficiently `comprehensive to permit an appraisal of its abilities as a contractor.] By: Owl (Signature) (Position or Title) ��TZ (Date) * * END OF SECTION 00456 - Qualifications Questionnaire.doc 00456 - 4 RAPubiic WorkstiENGINEERiNG DIVISION PROJECTS11131-IR Btvd Resurfacing 41st St to 53rd St-SEE PROJ 0927%AdmimlContrect Documents100456 - Qualifications 2012 FOR PROFIT CORPORATION ANNUAL REPORTFILED IF IF Feb 29 2012 DOCUMENT# 68853811 "I I SecrdtaryFr of State IF Entity Name: :.`COMMUNITY:ASPHALT CORP. IF Current Principal Place of Buslnest: New: Principal Place of Business: 9725 NW 117 AVENUE 110 MIAMI, FL 33178 U$ Current Mailing Address : INew Mailing Address : 9725 NW 117 AVENUE 110 ` - MIAMI, FL 33178 US III IF IF FE Number 59=2023298 F© Number AppNed For ( ) FE Number Not Applicable ( ) Certificate of Status Desired (X) Name and Address ofCurrent Registered Agent: Name and Address of New Registered Agent: I IF FI IF I IF IF CORPORATE CREATIONS NETWORK INC. CORPORAMCREATIONS NETWORK INC. 11380 PROSPERITY. FARMS RD '#221 E 11380 PROSPERITY .FARMS RD #221 E PALM BEACH GARDESN , IFL 33410 US PALM BEACH GARDENS; FL 33410 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. IF IF SIGNATURE: 02/29/2012 Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS : Title: P Name: MORRIS, JOHN Address: 9725 NW 117 AVENUE SUITE 110 Ci y-St-Zip: MIAMI, FL 33178 US Title: V Name: HERRERA, SUSANA Address: 9725 NW 117 AVENUE SUITE 110 City-St-ZIp: MIAMI, FL 33178 . Title: V Name: AGUTAR, MANUEL Address: 9725 NW 117 AVENUE SUITE 110 City-St Zlp: MIAMI , FL 33178 US Title: ST Name: RIOS, JORGE Address: 9725 NW 117 AVENUE SUITE 110 City-St-Zip: MIAMI, FL 33178 Title: D Name: FERNANDEZ, JOSE L ' Address: 9725 NW 117 AVENUE SUITE 110 City-St-Zip: MIAMI, FL 33178 Title: AS Name: BECKER, M. REID Address: 9725 NW 117 AVENUE SUITE 110 City-&Zip: MIAMI, FL 33178 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shaft have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JORGE E. RIOS ST 02129/2012 Electronic Signature of Signing Officer or Director Date ATTACHMENT,• q - DOCUMENT # 688,538 FEIN#594023298 I IF V53 2012 POR PROFIT CORPORATION ANNUAL REPORT 1 IF OFFICER$ Tor BE LISTED IN ANNUAL REPORT IN ADDITION TO SIX ON DATABASE: IF IF IF I IF Title: V IF Name: Beetle , Brian Street ;Address: 9725 NW 117; Ave Suite 110 Miami, FL 33178. IF Title: D Name: Bravar, LauroI IF IF Street Address: 9725 AW 117 Ave Suite 110 Miami, FL 33178 Tme D Name.; Agulio, Arturo Street Address: I . NW 117 Ave Suite 11 a Miami, FL 33178 Name: Marin , Francisco Street Address: 9725 NW 117 Ave Suite 110 Miami , FL 33178 Tttl® : D Name: Mar[inez, Ignacio Esteban Street Address: 9725 NW 117 Ave Suite 110 Miami, FL 33178 Title: AS Name: Andrea Trelles Street Address: 9725 NW 117 Ave Suite 110 Miami, FL 33178 Title% AS Name : Laws, Tina Street Address: 9725 NW 117 Ave Suite 110 Miami, FL 33178 Title: V Name: Madmon, Victor Street Address: 9725 NW 117 Ave Suite 110 Miami, FL 33178 Tide: V Name: Suilentrop , Paul Street Address: 9725 NW 117 Ave Suite 110 Miami, FL 33178 Title: AS Names. Bickford , Jennifer Street Address: 9725 NW 117 Ave Suite 410 Miami, FL 33178 Title: A$ Name: Merrick, Maureen Street Address: 9725 NW 117 Ave Suite 110 Miami, FL 33178 STATE OF FLORIDA DEPARTM>$NT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTIOW INDUSTRY-: LICENSING BOARD (1150 ) 487 - 1395 194.0 NORTH MONROE STREET TALLAHASSEE FL 32399 - 0783 IleFERNANDEZ , JOSE L COM IEUNITY ASPHALT CORP 9725 NW 117 AVE SU1712 110 MIAMI FL 33178 tiorusi With this Uc se you Re me,one of the n�r�1yy one million . ar�Te o �.ottmA AC 6 2 ©8C} , y F , diens i<censed by the Depatimentof Business and ProfessConsl g becoRegulation. DEPART�d8N1' OF BtTSIIiIEBS ANDS VROVZ w1woOLATION Our pn5fessionaa and tuisinesses range from architects #o yachtbrokers, imm WK I boxers to bartieque restauntnts, and they keep Florkia's economy strong . rS : . . . rCGC011475 r, ? /3.8 �T12 ' 12010337 Everyday we work tD inq�rove the way we do business in order to serve you better F ;k For iMonrraBOn about our servk;es, Please log onto www orldalicens AxwL CSRTIBIC RACTOR There you can find more infomration about our divisions the re that F8RNA1QD8 ,. 88 impact you; subscribe to department ne"Wers and more aboutthe team COD t1ail A , CQ ` Department's Initiatives. ` Our mission at the Department is: License Ef Idently, Regulate Fairly. We constantly stfice ;to serve you better so that You can serve your customers. xa CNRszBz� omaw am vzo iso= o c�.489 F8 Thank you *wdoing business in Fk►r � and congratulations on your new licensel s pi:�elos aat*'..`AU3 31 '. '1014 02071800967 DETACH HERE ACO 5 0 - 0 T 4 SATEIW FLORID A pg B�Sgg p ggggIpp�, . DEPARTMSBTRQCTIag6 RYRLICBNSINa BOARD TON SES Llao7le0os6 ; . . 07 i1I TI 8 2,01a 1a.002 916= 011,47 & , 337 - Am.%l 4 .... The GYRAL . CONTRACTOR Lr Named besjow -I 1 1I1S CERTIFIRD Vader th® provieioas of .Chapter 4 9 a $ • 1 Sapratioa date : AUG 31 , a0 4 fA Pr FERNANDBZ -JOSE I. L c COvNITY ASPHALT CORP 14 005 ' N ifP 18 6TH STREET RIAL eisr FL 33018 RICK , SSRCOR ESN LANSON DISPLAY AS `REOUiRED BY LAW SECRETARY profto OHL COMMUNITY ASPHALT CORP. 4 Community From 2007 to 2011 "'t' Asphalt Contracts Completed Within The Past Five Years ::� As CAC Fiscal Project No. Description Contract Owner/Prime Amount Codes Job Ndo If d-v o, Yr. � x FDOT# 410612-1 -52-01 4595. 51617 2007 FDOT ; $ 396 , 843: 00 ; Mechanical Sweeping SR-AIA MDX# 50008 Miami Dade Expressway dr 49;15 61719 2007 $ 2,695,63439 . Construction Management Services Authoritiesdi td Opt Ed d It 4935 .. ; 617, 899 2007 Miami International Airport, HJ Apron Gilbert Southern $ 2, 3.12, 199;00 FDOT# 229499A1 52-01 50005 , 6, 7, 9 2007 FDOT $ 21 , 821 ,023D5 : SR-80 (Southern Blvd ) FDOT# 229587-2-52-01 5fl10 5,6, 7 ,9 2008 FDOT $ 20,435,489 00 . SR-809 (MilitaryTrail) 5015 . 516 ,719 2008 FDOT# 229797- 1 -52-01 Archer Western $ 5,900,000: 00 SR-80 (Southern Blvd) Miami Dade Expressway 5205 516, 718 2007 Design Build SR-836 Extension Authorities $ 177, 565, 761::00 ' 5295-1_ 5 ,6 , 719 2007 Hallandale Beach Blvd Intersection Duo Hallandale $, . ; 415, 000;00 FD0T#229498-1 -5241 5250 . 5, 61819 2010 FDOT 1 $ 34, 534, 036000 SR-80 (Southern Blvd) East Lake Village 5263 6, 7, 8 2008 Rio-Bak Corp $ 862, 765. 00 . Grand Dr/Hillmoor Drive FDOT# 228223-1 -52-01 ' 3290 Id 5 , 7, 9 2007 FDOT $ 8,421 ,634. 16 SR-5 (US 1 ) III 5310 _ 516, 719 2007 Miami Intermodal Center-GMP 2 Turner Construction $ 699, 871 :00 5340 ` 516, 719 2007 FDOT#229818- 1 -52-01 FDOT $ 161791 , 748413 SRA 5 LI 5370 5,6, 7 ,8 2008 Miami international Airport Gilbert Southern ; $ 31466,237 00 MIC Connector LI I' d FDOT# 408520-1 -72-03 5 375d 5Iddr ,6 2010 Asphalt Maintenance in Various FDOT $ 1_ ,29911 1 ,260 :00Ad , _ . Locations I It 5440 . 5 ,6 ,7 , 9 2007 FDOT# 229833-2-52-01 FDOT $ 612,655.62 Push Button Q H L COMMUNITY ASPHALT CORP. CommunityFrom 2007 to 2011 Asphalt Contracts Completed Within The Past Five Years 5450 :` 5 , 6 , 7, 9 2007 FDOT# 412754-1 -52-01 /2-52-01 FDOT $ 5 , 074 ,223 00 ' FeSR-909 (W. Dixie Hwy) I I If IF FDOT No. 403619- 1 -52-01 5490 5 ,6 , 7 , 9 2007 FDOT $ 7 , 227,605 53'. SR-710 IF I If IF FDOT# 249835-2-52-01 FDOT $ 10, 350 , Op0 00 5495 5 ,6 , 7, 9 2007 IF IF I I SR-5 ( US- 1 ) FDOT# 231735- 1 -52-01 5505 5161719 2008 FDOT# 411279-1 -52-01 FDOT $ . 10;288,0IF 77 75 ' SR-9 (I-75) F. I IF 55.10. . 5 , 7 , 9 2007 Intersection Improvements Indrio Road St. Lucie County $ _ 816 , 853 00 14 Fr IF FDOT# 406092-2-52-01 5515 5,6, 7, 10 2008 Condotte America, Inc. $ ' 4,923 333 00 Atlantic Avenue IF IF I IF 5520 5 , 6; 7, 9 2007 Big Pine Key X Monroe County $ 2135IF 1 ,026069 . LT j Lawrence Rd . from Boyton Bch . Blvd . to Bergeron Land Dev $ ; 5r 11 93 , 221 .63 ' 5% 521 ' 7, 8 2008 Gateway Blvd . g "IfIf IF I FDOT# 250184-9-52-01 FDOT $ 832 , 213 99 III5IF I-540 5I -r ,6 , 7 , 9 2007 push-button , Traffic OperationsrL 5549 5,6, 7, 9 2007 Millstone Landing Guettler & Sons $ I 551 , IF 456.58 I OFF FDOT# 406147- 1 -52-01 I _ 5556 5161719 2008 FDOT# 406119-4-52-01 FDOT $ . - . . 57 , 55613.62 00 Sawgrass Expressway Design Build I IF IL , Indian River County 5556 56,8 2008 Gulfstream Contractors Inc. $ 129 394:00 ; Administrative Complex IF I If5558 5 ,6 2008 Oaks at Hobe Sound palm Beach Grading $ 340 ,474 :.77' US-1 and Seabranch Blvd . 5560 1 617 , 819 2007 FDOT# 228623- 1 -52-01 : 50th Avenue FDOT $ 13 , 210 ,000,J00 5564- 7 , 8 2009 SR-5 ( US-1 ) Hubbard Construction $ 4 , 636 767:62' Rio Mar Drive to Midway Road "I I FDOT# 192910-1 -72-06 FDOT $ 760 ,470 :00 5580 ;' 6 , 7 2008 Mechanical Sweeping FDOT# 192769- 1 -72-03 FDOT $ 472, 945: 00: 5590 6 , 7,9 2007 Turnpike , Mechanical Sweeping Rpliek O H COMMUNITY ASPHALT CORP. I . Community From 2007 to 2011 .IL I A I . Asphalt Contracts Completed Within The Past Five Years 5594 5 , 61719 2007 Roth Farms Warehouse Eden Construction 1.1$ 121 ,362 07 A FAA FAA A FDOT# 406098AFmmm, 1 5615 5 , 6 , 719 2007 FDOT $ 2 ,255 , 396 03 SW 8th Street Exit RampFAA , 6621 V 5 6 7, 9 2007 John I Leonard Hi h School B & B Under round Inc. $ 637,3$6 25 FDOT# 411435-1 -52-01 ; T4099 5625 5 , 6, 7, 9 2009 FDOT# 231802- 1 -52-01 FDOT $ 8,056 4_8. 00 SR-714 on SR-9 From A Pt West of SR- A . ^ ' 4 At A ALL A� FDOT# 414761 -1 -52-01 ; T6090 5630ttItj1 5 , 6, 7, 9 2007 Kendall Drive, From SR-821 (North FDOT $ AA 1 .896,518 43 Ramp) to SW 102nd Avenue AT >= FIAA FDOT# 231726- 1 -52-01 5635 5, 6, 7, 9 2007 FDOT $ 4, 956, 050 74_ SR-862/1-595 IFAI-Y A ; lw F1,1 AAA 0It 7 8 2008 Blue Water Ba W. Jackson & Sons $ 137165!00; 1��jA FAA FDOT# 228615-1 -52-01 5640 . :' 7&8 2008 SR-5 ( US 1 ) Wabasso to Sebatian FDOT '$ A 11 10;-156 993. 72 At AI Aw From aptNofCR510 Al 4 A FAA 11 A A , FDOT# 411533-3-52-01 /6-52-01 5645 " 7&8 2008 Milling and Resurfacing Travel Lanes FDOT $ 1611249611: 07 Shoulders and Roadway Safety 5FriA.Ar 647 5 . 7A, 9A 2007 Heron Bay Commercial All-Rite Paving Contractors, Inc $ 408,670 .25 FDOT# 2298584-5201 A41A AAIIAAA 1A A NA AF 5650 5 ,6, 7 2007 FDOT $ 4 ; 100 , 350 46 SR-AIA (Ocean Boulevard) 5686 .`' 7, 8 2009 South County Courthouse Mora Engineering $ 109 , 305; 00 ' Crosstown Parkway, Segment 3 5665 5, 7, 9 2007 Johnson Brothers , Inc. $ 19290, 239 00 City of Port St Lucie FDOT# 414764-1 -52-01 5866 5, 7, 9 2007 Condotte America, Inc. $ 560, 530:64 SR-826 (NW 154th Street) AA AA FDOT# 417159-1 -52-01 /1 -56-01 5670 ' 61719 2007 FDOT $ . 2;630, 126. 21- SR-AIA (Ocean Boulevard) FA I A fAA FDOT# 250172-2-52-01AI 5675 5 , 6 ,7, 9 2007 FDOT $ 1 ; 188, 200 5AAA AF 0.: Landscaping for SR-7 A AI IAAA AAF A AA IPI A.r 5680 516 , 719 2007 MDX# 30011 .060 , No. ITB-06-05 iami Dade Expressway Authoritie $ 1 ,508 918 74 SR 878 5682 619 2007 Publix at Gateway Boulevard and T. M . Russell -$ 235, 989. 90 Conrgess Avenue Revised 4/23/12 (se) O H L COMMUNITY ASPHALT CORP. 0Ij,F"IFI.IF-1 FIIF�1FP-I;I,IWI.F4%F I.F-F; ,,F0 '' COi'OiYtUl1lty From 2007 to 2011 ::t Asphalt Contracts Completed Within The Past Five Years 5683 5 , 719 2007 Opa Locka Airport Master Excavators $ . - 245,235 UO' IFII (Tumberry Airport) IF4FI II Ft FIII II IIFIII IF II II FFI III I- FI FDOT# 411322- 1 -52-01 5685 618 2009 FDOT# 412201 -1 -52-01 FDOT $ 30,490, 997 42 ° I -75 Sli Ram Millin and Resurfacin FDO# 411436-1 -52-01 ; E4133 5690 5 , 719 2007 SR-151US-441 From PBC line to South FDOT $ „ 1 149 349 14 FI-1III� of SR-76 5692 , 51719 2007 Sugar Mills Annual 2006 Rio-Bak Corporation IIFA27jF.IFF 3510': FII2I III FFIFF WIIIFII Im rI FFFIPFI FII%A1 11I FDOT# 227954- 1 -52-01 FDOT $ 2, 907;310.23-5895 . 5 , 7, 9 2007 SR-844 FDOT# 249356- 1 -52-01 5700 5 , 8 2008 Design Build FDOT $ 43, 131 , 3975 : Reconstruction of SR-5 $7fl7 61718 2008 Sand Trail Palm Beach Grading $ 712 ,053 00 5713 61718 2008 Highland's Reserve Palm Beach Grading $u; 270 , 966 00` FDOT# 415905- 1 -52-01 5720 6, 71819 2010 406104- 1 -52-01 Condotte America, Inc. $ ; 617831134 30, Okeechobee Mainlane Toll Plaza 5723 - : 516 , 719 2007 St. Michael's High School T. M . Russell $ `,: 2471271:95. 5728 ` 5 , 6 , 7, 9 2007 Royal Concrete Concepts Eden Construction $. 913,474 .20:. 5734 6, 718 2008 Vizcaya Falls Palm Beach Grading $ 1529447 00:; PBC# 2002103 Palm Beach Coun 5735 5 , 6 , 7 , 9 2008 ty $ . 4, 127 , 967 89 Ockeechobee BNd Palm Beach International Airport 5739 : 5 , 6 , 7 2008 Mora Eng , Contractors, Inc. $ 130 836:85: PBIA Garage #2 Bridgewater Forest Hill Construction Inc . $ 139 ,463 94: 5744 5 , 6 , 7 , 9 2007 I -95 Interchange & Indiantown Road 5750 5 , 6 , 7, 9 2007 Waste Water Treatment Plan Arrow Asphalt $ 130 , 574:70 IF I 5758 5 , 6 , 7 , 9 2007 Sunrise Key Conquest Engineering $ 108 , 585:32 Revi ed 4!23!12 (se). tit O H L COMMUNITY ASPHALT CORP. ddid Community From 2007 to 2011 Two, Asphalt Contracts Completed Within The Past Five Years 5760 5 , 6 , 7, 9 2007 Sam's Club Master Excavators $ 600 , 815 62' FDOT# 405641 Al 52-01 576�a 618 , 9 2007 Horizon Contractors $ 492660 00 ; SR-5/ USA NINE . ; American Engineering & { 8789 6 , 8 , 9 2007 Walmart Superstore $ 1 , 009jf;7 QD Develo ment L qtr 'didi _ ". .' T 57tfdfd�g 6 , 7 2007 Rybovich Spencer Marina Ryan Sales and Service $ 91 DZ2,Oi ' , { f. « If X Christopher Columbus High Schoolh 577+ ; 517 2008 Stobs Brothers Contraction $ 30D OO: 00 ' 3000 SW 87th Ave. I If f "i44 x FDOT# 403617-1 -52-01 # ' 5778 6 , 7, 8 2008 SR25(US 27) from a pt S of 18th to a pt FDOT $ 6,3083383. i Project # 29-04-11 -03 577' 5 ,6, 7, 9 2008 City of Sunrise $ 2, 933,659 DQ Sunrise Lakes Blvd Creekside 5778 7&8 2008 West of Turnpike on SR 70 , St. Lucie Palm Beach Grading $ 138,041 50 . 1 ILL . 5778 51697, 9 2007 Bella Terra North & South H & D Construction $ 156, i8 95 If v FDOT# 407630-2-52-01 5780 6,7 2008 FDOT $ 1 , 86& 534 00 SR-826 (Sunny Isles Blvd) 5789 718 2007 Provence Bay Sonic Engineering, Inc.If r $ 106, 17 OD �ffl ILL. FDOT No. 420289-4-52-01 f 2 5790 718 2008 Ramp Toll Plaza Conversion FDOT $ 914, 82 95 Sawarass Expressway FDOT# 418233- 1 -52-01s` 5795 61718 2007 rw SR-80 FDOT $ 3, 397, 796 00 , FDOT# 420289-6-52-01 5800 5 ,6 , 7 2009 Design Build - Deerfield Mainline Toll FDOT $ 44;744, 748 55 Plaza Modifications Sawgrass FDOT# 413802- 1 -52-01 5805 . 61718 2007 FDOT $ 10644111730fl0; SR-76 5807 5 , 6 , 719 2007 Martigale Estates Offsite Improvements Ryan Sales and Service $ 571 ,639 64 If If FDOT No. 415397- 1 -52-01 3814 51617 2008 SR-93 (I-75) "Alligator Alley" from Collier FDOT $ . 14,458 803 01 . Co. Line to a pt. E of Snake Road Revised 4/23/12 (se) OHL COMMUNITY ASPHALT CORP. :. . Community From 2007 to 2011 der kj le�� :: AsphaltContracts Completed Within The Past Five Years FDOT# 413799- 1 -52-01 /1 -56-01 581;5 : 61718 2008 SR-15/80 from a pt S. of MLK Blvd . to a FDOT $ : 4, 529, 86130. point S of Canal St 5820 6 , 7 , 8 2008 FDOT# 228189- 1 -52-01 FDOT $ : 6, 531 , 995 22 s,. IF I 5821 5 , 7 , 9 2007 Quail Creek H & D Construction $ , 183, 071 00 ' 1 1 , 41- It 58225 , 7 , 9 2007 Ashley Lakes H & D Construction $ 3Q4,fiO4 0IN0 5825 F 5 , 617 , 9 2007 Palm West Business Park B & B Underground , Inc. 4p . qM 5827 61719 2007 Campbell Facility Rio-Bak Corporation $ N. 20 FDOT# 405641 -3-52-01 5830 7&8 2008 SR-5 (Biscayne Blvd) from a pt S of NE FDOT $ , , 8 171 ,$ 18 $3 78th Street to NE 87th Street d AN 5834 6, 7, 9 2007 Kithcing Creek Optimum Services, Inc. $ 183 ,445 00 _ 5836 6 , 7 , 9 2007 Dania Outside Storage Arrow Asphalt $ ; 103,230 00 . 58IN 406 , 7, 9 2008 Catalina Atlantic Southern Paving $ , ; 209 335 00 ILL IN 5841 617, 9 2007 Jenkins Road K 8 School Sheltra & Son Construction , Co $ 306, 888 00 ; American Engineering & 5845 6, 719 2008 Boca Town Center $ ' 562,307 00 DevelopmentIP rr Ad, 5850 6, 7 , 9 2009 MDX # ITB-07-03 Condotte America, Inc. $ Ir 1 ,014,002 7Q SR-874 Ramp FDOT # 229833-3-52-02 $855 5 ,6 2008 Pushbutton FDOT $ 500 009:76 , ILL . r Roadway Construction I-95 Aux Lanes Kiewit Southern Group $; 207 ,243 °90 5850 7 &8 2008 SR-9 (I-95) from NW 127th St. to 5861 6 , 719 2007 Sugar Cane Warehouse #4 Rio-Bak Corporation $ , 164, 723:81) 5865 69719 2008 Port Of Miami, South Cargo Wharf Shoreline Foundation 11 344 768.00 Rehabilitaiton rr 5866 617 ,9 2007 South 26th Street improvements Ric-Man International , Inc. $ 136, 643':25 Revised 4/23/12 (se) - s O H L COMMUNITY ASPHALT CORP. b Community From 2007 to 2011 i _ wqr Asphalt Contracts Completed Within The Past Five Years 5874 , 51617 2009 Palm Beach Gardens High School B & B Underground , Inc. $ 237,255 :58L . TL ,. FDOT# 227708- 1 -52-01LILL 5875 6 , 7, 8 2010 FDOT CR-818 $ 17 ,640,253 50 E 2L F FDOT# 403577- 1 -52-01 51380 6,7, 8 2008 SR-814 FDOT $ 3, 059, 304 25 u, FDOT# 413804- 1 -52-01 5885 61718 2008 SR-15 FDOT $ 9, TL 795, 959 00 ' 5889 718 2009 Croissant Park Basin A and B Conquest Engineering $ 246 300 75: FDOT# 415367- 1 -52-01 589ti 819 2009 SR 736 ( Davie Blvd. ) FDOT :$ 3,437,441 06 :; from SW 38th Ave, to SW 25th Ave. 37th Street Improvements 5891 7&8 2008 CPS Contracting $ 200, 806 95; 37th from 58th to 66th er FDOT# 409409- 1 -52-01 5895 516, 7 2009 SR-60 from Vero Beach Blvd . to Mocking FDOT $ 8,531 ,226 89 Bird Drive. FDOT# 411432- 1 -52-01 SR A1A 5900 71819 2009 FDOT $ 7; 347, 333 65 From South of Sheridan Street to Cambridge Street 3902 , 5,6 , 8 2008 Paloma Palm Beach Grading $ 165 , 333 00 ° 3804 . 5,6 , 8 2007 Kendall Pointe Budget Construction $ 102, 095 00 5985 ` . 617 ,819 2010 Project # 20060439 Miami Dade County $ 7 ;288 , 168: 36, NE 2nd Ave FDOT# 422816- 1 -52-01 5910 ;° 5, 8 2008 FDOT $ 12; 778, 172 . 96 FDOT# 422817- 1 -52-01 8911 5,6 , 8 2007 Tuscany H & D Construction $ 182 , 131 . 00 5913 5, 6, 7 2008 Riverbend Corporate Park All-Rite Paving Contractors, Inc. $ 155, 728 70 1. IT2255 West Broward Blvd . 5914 51618 2007 Angler's Reef Atlantic Civil , Inc. $ L 147, 972 : 00 Revised 4/23/12 (se) OHL COMMUNITY ASPHALT CORP. Community From 2007 to 2011 ` ` f Asphalt Contracts Completed Within The Past Five Years 5916 5,6 , 7, 9 2007 Capistara P . U . D . Belvedere Construction to on on j on I on The Ranchesd onto. 5917 5, 6, 7, 9 2007 SR 60 SPS Contracting , Inc. $ 11 `8 , 728 00 it I on r 5918 5 , 6 , 8 2008 Cross Creek Lake Henry Fischer $ 1not09, 378 U0 noI American Engineering & , ' 5,6, 8 2007 Sam's $ 658 $07 T on 5920 .1 1 `00 s Club Development In Crestwood Boulevard 5922 . 516 , 719 2007 Rosso Paving & Drainage, Inc. $ 121 , 121 and Okeechobee Road 1 . too 4: Holmberg Road 5929 5 ,6 , 7, 9 2007 Arrow Asphalt & Engineering , Inc $ 135 , 725 35' NW 61 st Avenue to SR-7 In LL no 5830 5 , 6, 8 2008 Yamato Road Rosso Paving $ ; 139, 260 00" on I 5931 , 6too , 7, 9 2007 Outdoor Resorts W. Jackson & Sons $ - 163 , 744 910 1to , not 59on36 51617 2009 Big Coppitt Waste Collection Systems Chaney Toppinos & Sons 1 . $ on 1 , 025 937 1. 5Do : I nod 5938 . :: 7, 9 2007 Eisenhower Elementary B & B Underground , Inc. $ 1 58936 80: FDOT# 416408- 1 -52-01 FDOT $ 2,400, 178 00 5940 6, 7, 8 2008 SR-520to Miramar Business Center All-Rite Paving $ ` 131 427 . 00;: 5942 5, 6, 8 2008 9 Parcel C & D 5n L no 948 5,6, 8 2007 Becker Road Felix Associates $ 356 ' 6460008o 5949 . ` 516, 8 2007 Westmoreland Blvd Felix Associates $ ' 3199025:00: on MDX # ITB-07-07 Miami Dade Expressway $ ' 1 ; 048, 208 to I 00.: 5950 5 , 6, 7, 9 2008 Systemwide Road Improvements Authorities on on on I 5954 1 69719 2008 Portofino Landings W. Jackson & Sons $ 259, 130 .00 Revised 4123/ 12 (se) p � O H L COMMUNITY ASPHALT CORP. •It• Community From 2007 to 2011 ` Asphalt Contracts Completed Within The Past Five Years FDOT# 417128= 1 -52-01 It 5955 ' ' 6 , 718 2010 The Tower Group $ 2 , 221 , 1-96: 09 Pompano Beach Service Plaza FDOT# 411476-1 -52-01 5860 798 2010 Freedom Pipeline $ 296, 882: 32 Sebastian River Bridge 5962 516 , 8 2007 Area E Basin SE, Ph II Conquest Engineering $ 121 , 194 00: It d �-e :, h f ; 9B4 516, 8 2007 East Lake Village Rio-Bak CorporationIt L4 441 No. 2008054 5985 5&7 2008 Annual Asphalt Milling and Resurfacing Palm Beach County $; 4,290, 322:51. Contract 5967 697 , 8 2008 Peacock Blvd SAD Improvements Optimum Services, Inc L,302, 761:44 : 5968 5,6, 7,9 2007 Bayshore Repairs Felix Assocaites, LLC $ 316 ,822: 74 Key Deer Blvd 5970 7&8 2008 Monroe County $ 1 346 , 197 '60 Improvements to Big Pine Key L . Duda 2007 5972 5, 6, 7, 9 2007 Duda Farms $ 238106 '95 CR-880 & Duda Road dj dt: 5973 ; , 718 2008 Crostow Parkway Segment 2-Rdwy Felix Associates, LLC $ 1 , 891 , 151`: 09 5974 51618 2008 Miami Shores 812 Watermain Budget Construction $ 377,475000 5977 :; 718 2008 Miramar Center Business Bldg C All-Rite Paving $ 208 , 562 :0 .0 3980 5,618 2009 Rosser Blvd W. Jackson & Sons $ 514,652. 07. L LL 5984 5, 7, 9 2007 Sugar Mill Annual 2007 Rio-Bak Corporation $ L L 100 ,500:00 FDOT# 414623= 1 -52-01 L 11 5985 6 , 7 , 8, 9 2009 FDOT $. 2, 858, 106:52 . 1 . SR-5 (Biscayne Blvd) FDOT # 413837A1 52-01 5990 7;8 , 9 2009 SR-823/ Red Road FDOT $ 4;277,434.47 Miami-Dade/ Broward County Line to Revised 4/23112 (se) 0 H L COMMUNITY ASPHALT CORP. y COmmuntt From 2007 to 2011 i ; Ile , Asphalt Contracts Completed Within The Past Five Years Ile le 59$2 59719 2007 N . Roosevelt Charley Toppinos & Sons $ 103, 224 80 be Ile Ae- 5995 61718, 9 2009 FDOT# 413796- 1 -52-01 ; SR-817 FDOT $ 10,34dq 5, 958 38 1._ }: 5997 718 2008 Bayhill Estates Sonic Engineering, Inc. $ plel eL 225 ,843400 ' 3leee lR 5999le 61718 2008 Key West Steam Charley Toppinos & Sons $ 107, 3$4 D0 ' lee. b Il PL Ile FDOT# 2498564m52-01 ; E6E39 6000 7, 8 2011 Reconstruction of SR=5 (USA ) South FDOT $ 103, 118,659 Q6 I lee . From MP 356 to SW 344 Street F le 600'1 7, 8 2008 Croissant Park Conquest Engineering $' 101 , 180 00 j ell e Ile FDOT# 418100- 1 -52-01 ' Ir FDOT $ . 2% 37 6005 6 , 7, 8 2008 el Cudjoe Key lee . All4 . Ip rIL PBC Fire Rescue & B & B Unde round $ - 342 , 701 00 6010 71819 2008 rg Administration Bldg > e)Ile Village of Oriole Plazaell 6015 51617 2008 Federal Maintenance, Inc. $ 137, 8130 7215 Atlantic Avenue, Delray Beach 6024 6, 7 , 8 2008 Lowes American Engineering & St. Lucie County & Cashmere Development $ 536, 779130` Ile 1 7111, rS FDOT# 228160- 1 -52-01 FDOT $ . 6 , 2248608`0479 6025 61798 2009 SR-820 6027 516 2008 Village Parkway Phase 1A Felix Associates, LLC. . $ 410 350:00 Port St LuiceIle rr Few I 6029 7 , 8 2009 BDG Kendall Rock Power Paving 0I. 6036 1 61719 2009 Gleneagles Country Club Gleneagles Country Club $ 1 .122911 ,791. 37'. Fee er Forest Hill Boulevard Rosso Paving & DrainageInc. $ 322 , 898 70 6031 819 2009 From Wellington Trace to SR-80 g ' Revised 4/23/12 (se) - ; .Is Q H COMMUNITY ASPHALT CORP. IF, "Oellif6v , Ali4 Community From 2007 to 2011 I AF ol 5 Asphalt Contracts Completed Within The Past Five Years Yamato Road (PBC Prg# 2003504B) F G03Z kFee 7, 8 2008 From a PT West of Cain Blvd to a PT W Rosso Paving & Drainage, Inc $ 298 , 342 80 5 of SR% , -7 ti fFOL We eFF13034 f ; 7, 8 2009 Michael's Creek W. Jackson & Sons $ 27?, 127 A M j> IA I ' J ee '- FDOT# 413795- 1 -52-01 8945 617, 8 2009 FDOT $ r 5 218 543p48 lA SR-816 IA A6 FA IA FI OOI rAF l1 4Lr: IJLI i4a * " :• 3("" tit P _ aK +ti(h . { rtQS4"T7€{ 718 2008 Shark Key Wastewater ADB Utility Contractors $ 218,094490 - y� O 1-I4AF ltF FIF LI AT f.� /l arm' • - / .K Nss �. 'i `Sw'': 694%, 5 ,6, 7 2009 Middle School , 57th and 58th Avenue Joe Bear, Inc $ 434,673; 0 fr £ r FDOT# 413886- 1 -5201 kr :.` c. 8050 , 7, 8, 9 2009 SR 816/0akland Park Boulevard from FDOT $ 2, 107, 055 �5fiIF ; SR-7/ US-44 to east of NW 31 st Ave A ` FDOT# 414635-1 -52-01 ; T6122 6955 ". 618 , 9 2010 SR-90 (US41 /Tamiami Trail) From 10 FDOT $ 1 ,9:16,202p0, Miles E of Collier Co. Line C i N h ' South Road Medical Office 8058 596 2009 Rio-Back Cor . ' SW Comer of 50th and SR-7 Corp.SW 1 .10, 126: 13 fi r, FDOT# 419658-1 -52-01 SR- 90 US 41 / Tamiami Trail $060 7 , 8 2009 ( ) FDOT $ 1 , 354,807. 78; 8065 � : 617, 819 2008 Street Improvements 2008 City of Boca Raton $ 603,44400' 718 2009 Segovia Lakes Sonic Engineering, Inc. $ 104, 03300 w rv5 7 " r= Lauderdale Marine CTR 6069 7&8 2008 Expert Evacuation $ " 128, 302 ;65 SR 84 and 95 Treasure Coast Public Safety Complex 8975 8, 9 2009 SPS Contracting, Inc. $ 324 252: 10 Kirby Loop Road, Ft. pierce UM Serpentine Parking lot 8077 5&8 2008 Rock Power Paving $ 153,436: 35 1635 Levant Ave. Coral Gables Okeelanta 2008 8078 51617 2008 Rio-Bak Corp $ 183, 96368 US-27 South Bay, FL 8080 " 798 2010 Village Parkway FelIAssociates $ 31951 ,fl83: 96 AFL Revised 4/23/12 (se) OHL COMMUNITY ASPHALT CORP. , . Community From 2007 to 2011 = e Asphalt Contracts Completed Within The Past Five Years Sadowski Causeway Roadway Repair 8 6083 `' 7 , 8 2009 City of Key Colony Beach $ , 425 , 329 58; ResurfacingI .I IF 6087_ ; 718 2008 Reuse Water Distribution Conquest Engineering $ 134 , 925 00 FDOT# 169869-2-52-01IF 0 6090 819 2009 SR-700 (US-98) North of SR-70 to NW FDOT $ 2, 019,506 7fzr 80th Street g' 1. 6094 506 2009 Port Mayaca PH2 Felix Associates, LLC $ 124, 075 00 61698 " 798 2008 Great Florida Bank Arrow Asphalt $ 107 ,630 `75 6099 5 , 7, 8 2008 NE 171st St and NE 22nd Ave Arrow Asphalt $ 170 ,39715 American Engineering & 6101 51718 2009 Publix $ Ile 310, 379 00.; Development 6104 718 2009 Silver Palms RV Resort ( USA ) Optimum Services, Inc. $ 282 , 392 20 _ 6103 718 2010 Annual Asphalt Fiscal 2010 Palm Beach County , $ 8,220 797.00 ` 14:1V r 6106 8, 9 2009 Cross Town 1 -95 interchange Johnson Brothers, Inc. $ 1 ,94215 ", 06 6109 : . 506 2008 Hilton in Miami International Airport Atlantic Southern Paving $ : 124 , 989 00' 6110. ' 798 2010 Primary Asphalt Concrete Pavement City of Port St. Lucie $ .21993 $26& 00` 6111 6 , 8 ,9 2010 FDOT# 241211 - 1 -52-01 Lucas Marine $ 301 388 00 Turkey Creek Bridge 6115 . 516 2009 Becker Road , Segment 1 Johnson Brothers , Inc. $ 21493, 442 . 11 FDOT# 416242- 1 -52-01 FDOT $ 8, 982 ,297 .65 : 61.20 61718, 9 2010 SR-25 (US-27) IF $122 819 2009 Stack Crossing , Palm Bay Road Palm Bay Venture $ . 36 ,431 . 84IF . 6124 78 2009 Province Bay 2nd lift Indian River Blvd . Sonic Engineering , Inc. ±ReVi 29 ,646080: 6125 516 2009 FDOT# 418090- 1 -52-01 ; T6165 FDOT 41213A7� � 0041 SR-973 ( NW 87th Avenue) NetCOMMUNITY ASPHALT CORP. HL ''° From 2007 to 2011 V�to itLop Commurnty Asphalt Contracts Completed Within The Past Five Years I It 8;1Z? . : 5, 6 2009 Coral Gate Condos Asphalt Paving of South Florida $IIONII II 291 , 770 25LIN; FDOT# 415315-1 -52-01NIIIVNNI LLL7%I I1: IN lII IFII FLLg NN IIFIF NNI1I4 I1 IN FI NIII FNI II FF aF II Ii II F'N 8t. 6 , 7 , 8, 9 2010 FDOT $ 2 ,881 ,681` 67. SR-80 6131 617 2009 Hurricane Contracts 2008 FDOT $ 200, 305 6133 718 2009 Imperial Point/ Medical Arts Central Florida Equipment Rentals, Inc. $ 121 , 039:50 : :. 8134 t 5,6 2009 Homewood Blvd. Bike Lanes Rosso Paving & Drainage , Inc $ :161 ,437 92 ; ;1 FDOT# 415291 -1 -52-01 8135 6 , 7, 8, 9 2010 FDOT $ 2 , 1; 14, 965. 00. SR-5 ( US-1 ) 6140 798 2009 Big Cypress Airport Seminole Tribe of Florida $ 1D020107+1 6143 8 , 9 2009 City of Key West Waste Water Trans. D. N . Higgins Construction $ 189 ,662: 80 Saver Marine Operations 6146 5,6 2009 Charley Toppinos & Sons $ 165, 584' 10 Trumbo Annex Key West Central Florida Equipment 6153 595 2009 Leon Medical Center $ 161 ,546.34 Rentals, Inc. 6158 > 899 2009 Osceola Sugar Mill 2009 H&R of Belle Glade , .$ 110,474:74.. 6159 798 2010 Suncoast High School PH-3B Optimum Services, Inc. $ 563 , 075:00: . 8160 61798 2010 FDOT# 419856- 1 -52-01 FDOT $ 19468 ,342000S R=916 FDOT# 426444- 1 -52-01 6163 7 , 8 2009 FDOT $ 129,416.00. . Emergency Repairs 6169 506 2009 Palm Isles Subdivision Big D Paving $ 1811608:56: FDOT# 422844- 1 -5241 6170 718 2009 SR-5 ( US-1 ) FDOT $ 438 , 114, 74 6171 6, 7 , 8 2010 ILL Culvert Improvements Brevard County $ 1 ,021 , 250 .92 Revf ed 4/23/12 (se) Nos O H L COMMUNITY ASPHALT CORP. ':f' t Community From 2007 to 2011 : _ = Asphalt Contracts Completed Within The Past Five Years FDOT# 4055784-52-01 6175 7 , 8 2010 FDOT $ 2 , 788, 910 31 SRA 12 Broadmoor Stormwater Utility 6177 718 2010 DP Development $ 712 ,949 00 , Improvements FD0T#406094-4-52-01 ; E8J55IN 6185 61819 2011 SR-91 (Turnpike Mainline) From Peters FDOT $ ; 19 216 ,436NN ar 7, ; Road to Sunrise Boulevard Cc IN I 6 , 7 , 8 2010 PB Gardens High School B & B Underground $ 159 , 799 00- 6190 7, 8 2010 DRI Palm Bay Road Turn Lanes BMK Melbourne 35 Associates IN. $ ; 264 , 385 58 : t Y C 6201 61899 2010 Millstone Landing Guettler & Sons $ 225, 399 00 `' 6203 7, 8 2009 Pine Creek Sporting Club Guettler & Sons $ 175,664 30 ; FDOT# 415323-1 -52-01NN a 6205 , 7 , 8 2010 FDOT $:` 2 , 409, 993 00 ' SR-84 62061 79819 2009 Gulf Stream Water Main AKA Services $ 1 . 1,13, 152 .: FDOT# 403596-2-52-01 FDOT $ , .7I 77 6210 6 , 7 , 8 2010 SR-60IN'4L IN , 62'13 718 2009 Hobe Sound PC Tumlanes Advance Under $ : 1 .268, 539 52 Project # 2009-057 41 6215 ` 61819 2010 Pavement and Resurfacing City of Boca Raton $ _ 500,237:41 Various Streets No 6296 7 , 8 2010 Walton Road Felix Associates $ 1 , I . & ., Na59 6220 6 , 7 , 8 2010 FDOT# 419648-1 -52-01 FDOT $ 413 , 818 a9`: SR-811 6222 _ 7, 8 2011 Monroe Drive Utility Improvements Chaz Equipment $ 240 , 326 14 ' 6223 - 7 ,8 2010 SE 4th Street B & B Underground $ 148 ,048:00 . ILI 6224 7 ,8 2010 Seaboard Terminal Area 3 Bulkhead Maytin Engineering I 247, 357:8Q Revised 4/23/ 12 (se) O H L COMMUNITY ASPHALT CORP. FLa Community From 2007 to 2011 . �� Asphalt Contracts Completed Within The Past Five Years 6229 718 2010 Annual Asphalt Fiscal 2010 Indian River County $ 893 ,685. 12 s FDOT# 415311 - 1 -52-01 62$0, . , 6, 7, 8 2010 FDOT $ 21192173200; SR-5 ( US-1 ) 6234 7, 8 2010 Green River Parkway South Guettler & Sons $ 1 , 101 ,90815 FDOT# 415308- 1 -52-01 ; T4241 I7 br 1rF IIF IrILLI I0f 6235 . 71829 2010 FDOT $ 3,666 ,364` 91 SR-808 (Glades Road) From Boca Rio ;. 6238 718 2010 PBIA South Taxilane Improvements Rosso Paving and Drainage $ 284,001' 64 . ` 6238 ; 7, 8 2010 Strathmore Gate West Strathmore Gate West HOA $ 176,462 Ot) : FDOT# 419602-1 -52-01 /3-52-01 SR 6240 : 71819 2010 821 FDOT $ 21910190511: . 6245 7 ,8 2010 Airport Hanger Parking Area Seminole Tribe of Florida $ 3321138:40 . Wickham Road at NASA Boulevard & 6252" . : 617, 819 2011 Palm Beach Grading $ 1 , 765 , 787 29 Ellis Avenue _ 6281 " 798 2010 Flagler Avenue Improvements Charley Toppinos & Sons 2731188.75 ; 6255 :: : 718, 9 2011 FDOT# 426248- 1 -52-01 FDOT $ 2, 010,812188 : 20th Street 6259 7, 8 2010 Portofino Isles Port-o-Fino Isles $ 4051154 .90; 6260 : 61FDOT# 423517- 1 -52-01 7 , 8,9 2010 FDOT $ 234, 188 57 SR5 (US-1 ) 6261 718 2010 Auction House Florida Engineering and Development $ . 241 , 02 . 90 FDOT# 423553-1 -52-01 ;T6169 FDOT# 423553-2-52-01 , , 6265 .1 61819 2011 FDOT# 416853-1 -52-01 FDOT $ 211271892.09 SR-5 (Overseas Hwy) From Hwy MM. 97 to MM100 6266 718 2010 Taxiway F Extension Rosso Paving & Drainage Inc. $ 11251 ,292.67 ' PB1A, WPB, Florida FDOT# 416876- 1 -52-01 6270 6171819 2010 SR-7 (US-441 ) FDOT $ 1 , 056 , 713:15 ' 6272 , 718 2010 Ci Of Vero Beach Force Main SPS Contractin , Inc. 1192 , 359055 FDOT# 427560- 1 -52-01 ; E4K94 6275 . 61819 2011 FDOT# 427561 - 1 -72-01 FDOT $ 446, 036.07 6280 6 ,8 , 9 2010 FDOT# 419849- 1 -52-01 SR-5 FDOT $ 970t254 53L Revised 4/23/12 (se) OHL COMMUNITY ASPHALT CORP. C01'11Ci'tUl1lty From 2007 to 2011 =,A4 Asphalt Contracts Completed Within The Past Five Years 6284 5 , 6 , 8 , 9 2011 FAU Innovations Apartments American Engineering $ 322 ,62344 = Boca Raton Development III . I IF FDOT# 415302-1 -52-01 ; T4242 6285 6, 8 , 9 2010 FDOT $ 2, 521 , 721 Q2 SR-76 Port St. Lucie Blvd From Florida 62877, 8 2010 Currie Park Develand Development $ :. 115,293 14 UO,JIF . FDOT# 416877- 1 -82-01 SR 6290 5 , 6 ,8,9 2010 $ ' 3,070, 576 82 FDOT 7 (US-441 ) INN ININ' 6254 718 2010 Port Mayaca Plantation Turn Lane Coastiand Land Co $ 107 , 986 00 FF Id. FDOT# 419653- 1 -52-01 SR ' 6296 5 , 7 , 8 , 9 2011 FDOT $ 4, 297,895 91 AIA (Ocean Drive) . k07of : 6303 8 , 9 2010 Annual Asphalt Fiscal 2010 Town of Palm Beach $ 232, 33764,: olff IF IF FDOT#416905- 1 -52-01rI IN 6305 5 ,6, 8, 9 2011 SR-706 (Indian Town Road)IF kL FDOT $ 2 ,4 !'1 ,68D 59 ;' we 6311 7, 82010 Various Street Improvements Village of Wellington $ `; 390 , 725 00 F . dt IN IF N 4,f IF r dy 61719 2010 2976 PBC Central Reg Recycling Statewide Grading '; 14k I' Id 151 ,855 35 IF =IF � 6317 7 , 8 2010 Christenson's Landing Ocean Gate General Contractors $ . 126,216 40 American Engineering & 6319 ' 61 19 2010 Garden Shops Publix 106, 145 .040I.NI .. Development CL FDOT# 416877- 1 -52-01 FDOT $ :: 814, 594 87 6320 6 , 7, 8 , 9 2010 SR-7 ( US-441 ) IF I 8325 7 , 8 2010 Dykes Rd Resurfacing 2010 City of Pembroke Pines $ ` 244 ,400,04:. FIN I IF 6328 6, 9 2010 Duda Farms Fiscal 2010 Duda Farms $ ' 257 ,929 00` I NP 11 alloill 6331 718 2010 Rolling Green Drainage Globetech Construction $ - 429, 07395 6334 . ` 61819 2010 SW 87th Avenue Progressive Pipeline , Inc. $ 191 93930M LL I IF FDOT#419852- 1 -52-01 6335 6 , 9 2019SR-934 (71st Street) From Bay Drive FDOT $ 685. 165 24: ; L. 633L .8 8 , 9 2011 33rd Street and Poinsetta Avenue Utility Foster Marine $ . 1361246 :6$N1 Improvements 4 IF 8339 7, 8 2010 Coconut Bonaventura Atlantic Southern Paving $ 283,065 00 ' FDOT# 419852-1 -52-01 /1 -56-01 6355 61809 2011 FDOT $ 685 , 125 SUL SR-973 (SW 87th Avenue) Revised 4/23/12 (se) IF OHS COMMUNITY ASPHALT CORP. lot " sFrom 2007 to 2011 Community Asphalt Contracts Completed Within The Past Five Years IF Roadway Repair and Resurfacing , at 6360, 5 , 6, 8 , 9 2011 The Village of Golf $ 510, 979 85 various street locations Fill IF 1 . IF IF . IF IF It ' 6361 6 , 8 , 9 2011 15th Avenue , Deerfield Beach West Construction Inc. $ 255 ,232 67. ' Fit I IN 11 MINE 11 1 11 6379 819 2011 Commerce Center of Coconut Creek Miami-Dade County $il IF IF IF 228, 153 95 II1IFII II-Ft FI "IF Belvedere Road & Pike Road Palm Beach County Board of 6380 718 2011 $ 24i IFIII 8,46856 : Improvements County y iiF LF FLItF 6387 7810 2011 Carriage Hills Drive Atlanttic Southern Pavin $., , . 154 28(3:04'_ FDOT# 406095-8-52-01 ; E8K51 FII FI IF 0395526 2011 FDOT $ 3,267, 7384 FDOT# 406095-5-52-2 6403 7, 8 2011 Sugar Mills 2011 Various Locations H&R of Belle Glade, Inc. $ 105,O6Q 81 Pan American West NW 25th Street, 6414 819 2011 Trans Florida $ 155,1304 00 132nd Place & 137th Avenue 6415.F .: 5161819 2011 Forest Hill Boulevard, Section 3 H&J Contracting $ 488 ,581 :65 6416 . 71879 2011 53rd Street ( PH 2) & US- 1 , Vero Beach Ryan Golf Corporation $ 441 ,398 26 . 6418 829 2007 3535 SW Kanner Hwy, Stuart 34994 Bride Meadows Farms $ 1 .91 , 928:61 FDOT# 419602-1 -52-01 ; E8J94 6420 . 1 718 2011 FDOT $ 544, 182: 51' SR-821 Homestead Extension of Walton Road Widening from Village 6423 5 ,6 2011 Sheltra & Son Construction $ 305 ,237: 50 Green Drive to Leonard Road , St Lucie 6452 - ' 7, 8, 10 2011 51st Court (VB) Ryan and Goif Corporation $ 1`46, 151 .22 _ Between 49th Street-55th Street Roadway Improvements and Lee County Procurement 6604 718 2011 Resurfacing at Various Locations $ 183, 552 69 Conun de Management Revised 4123/12 (se) Fillr FLORIDA DEPARTMENT OF TRANSPORTATION STATUS OF CONTRACTS ON HAND CONTRACTOR NAME: Community Asphalt Corp.- 10/1/2012 ADDRESS : 9725 NW 117th Ave. , Ste 110 ILL I Miami, FL 33178 IF (Fumnish full information about all of your contracts, whether prime or subcontracts; whether in progress or awarded but not yet begun; and regardless of with who contracted.) I IF No Contract / Amount of Balance of Uncompleted I1IUncomple1F1 ted Prolectlnfo Subcontract Sables . Contract : , _ Amount Fri�ie -Amount Sub tItII -I 1III I 1ILILirIIt IL LI INII1I. IIIINLL1dF IF II ILF1rINF 1I II. ,I I1I IIII II1F.II 11 1IL1 11 III II LI 1 1I 4I 1 IIL ILLI1I FDOT(630U): : R82"R836; . $ 167;172,200 . $40; 100;000 $ 127,072;200. $79,OQ0,000 MDX(6315) CentralBlud: $47,633,51 F I $ 15;000,000 $32,633;500 $ 12,000,000 P&MCN"(6410) Northlake Bridge $3,486,500 $1;282,500 $2,204000 . $900,000 t11 FDOT(6435) Hollywood Blpd: $5;8165300 $1;790,900 $4,025,400 . $2,000,000 '_ Gue�tler(6490) Okeechobee Rd : $5,671 ,400 :__ $5,671400 $494009000 FDOT(6485) tlSl&.91A P1m Bch : $9,690,500 $2,984,70.0 , , $6,90$;800 $49500000 . 1dI1 MDX(6500) SR874MghI. Wne $46;430;500 ' $ 11 ;900;400 834,530;100 $18,000,000 I1I 1IF:1NII FDOT(6505) Okeechobee Rd . $4;227,000 . $ 1 )08600 ' $3, 1419000 $500,000 ; FDOT(6515) M-Dade HEFT: : : $9;201 ,200 :' :$3,318,300 $5,882;900 $5,400,000 , FDOT(6550) TurtpikeBroward $837379600 ; $216210I 00 $601161 300 $7009000 FD0T(6575 1 PBGhty PshBttn , . $6001000: ; $ 150,000 $45U,000 $450,0001 FDOT(6580) : Lake Okeechobee $1 ,095,000 $328,000 $767,000 $400,000 FDOT(6585) SdrltngRdBrwrd: - $357,600. $ 100,000 $2572600 $ 1009000 FDOT(6S90) SRS/USI OverSeas ;_ $660,500 $ 191500 $469,000 $4209000 FDOT(6595) SRSOverSeas : : ' $377,300 $ 101;800 $275 ,500 $275,500 CityofBoca(6665) Resurfacing $ 1 ,710,700 $478,900 $ 1 ,231 ,800 $8000000 FDOT(6675) SR82P&SR711-9S $39389,600 . $932,100 $294579500 $2,457;500 CityofWPBch(6481) Cltywide' resurf $ 192999700 $272,900 $ 190261800 $700;000 . LL II FDOT(6650) SR25'MiaDade $8;314,400 $29411 ,400 $5,9039000 $50600,000 FDOT(6660) SR869Deerf?i jMch $2,0691000 $662, 100 $ 1;4065900 $ 1 ,300,000 . "bnBch(6670) Runway. 10L-28R $ 10;8459000 $29602,700 $8,242,300 $5;000,000 VeroBch(6680) 66t"ve4thStreet $817,600 $ 154;000 $6639600 $663 ,600 FDOT(6685) SR35/US17 $2,0389000 $428,000 $10610,000 $ 19610,000 Wellingwn(6690) ForestHillBlvd $ 11144;200 $25157001 $892;500 $892,500 FDOT(6695) Golden Glades $19,914,800 $6; 173,000 $ 13,741 ,800 $ 13,741 ,800 FDOT(6502) SR15PBCnO $2,7889900 $835,000 $ 1 ,953,900 $ 1 ,953,900 FDOT(6635) Brwd C *Psh Btt . $600;000 $ 1509000 $450,000 $4500000 . CityofPniBch(6700) PahnBayPkwy $ 111749,600 $3;300;000 $894499600 8,300,000 LIIoLI TOTALS: $ 168, 114,800 $4,400,000 TOTAL UNCOMPLETED WORK TO BE DONE BY YOU (TOTALS 5 & 6) r $ 172,514,800 NOTE : Columns 2 and 3 to show total contract (or Subcontract) amounts. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4 all amounts to be shown to the nearest $ 100. The Contractor may consolidate and list as a single item all contracts, which, individually, do not exceed 3% of Total, and which, in aggregate, amount to less than 20% of total. SECTION 00458` - dist of Subcontractors The Bidder SHALL list below the name . and address of each Subcontractor : who will perform work under this Contract in excess :of one-half percent of the . total biid price, and shall also list the portion of the work which will be done by such Subcontractor. "After the opening of Bids , changes or substitutions Will not be allowed unless approved by Indian ' River County after a request for such a change has been submitted in writingby. the Contractor, which shall include q.reasons for such request. Subcontractors must be properly licensed and hold a valid all of Competency. Documentation Submitted with Project No . 1131 . for Indian River Boulevard Resurfacing (41 Street ' to 53" Street). Work .to be Performed Subcontractor's Name/Address 'Xj Bobt+ 5to:Yti t*%49s 1 . 1► ► i SLs 3332 �e piYor .-r.r � � SiO N 2 . a 5 it a ViL 3 �,w��e �Sr��►►sY Zj3 pKseGlssbc`; tint S+ G dcy 3 . PIMA Seo eti► � Fl. • S% 4 . 5 . 6. 7 . 8 . - 9 10. 11 . 12 . 13 . 14 . 15 . 16. 17 . Note: Attach additional sheets if required . * * END OF SECTION 00458 - Ust of Subcontractors REV 0"7.doc 00458 - 1 F:1Pubtic WorkMENGINEERING DMSION PROJECTS1131-IR Blvd Resurfedng 41st St to 53rd St-SEE PROJ 09271AdrrinAC0ntract D=ffMts\00458 - List of Suboontractors REV 04.07.doc BOARD OF COUNTY COMMISSIONERS R December 4 , 2012 Community Asphalt Corporation Attn : Mr. Brian Beetle 2975 Industrial Blvd Vero Beach, FL 32967 NOTICE OF AWARD Reference: Indian River County Bid No. 2013007 Indian River Boulevard Resurfacing (41" Street to 53rd Street) Dear Mr. Beetle , I am pleased to inform you that on December 4, 2012 , the Board of County Commissioners awarded the above-referenced project to your company. In accordance with section 255 . 05 ( 1 )(a), Florida Statutes, you are required to execute a Public Construction Bond for the above referenced project. 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. ($776,945.42). 2 . Certificate of Insurance, must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 3 . Two Signed d Copies _ of Enclosed Agreement. Please execute both copies of the enclosed Agreement and return them together with the P II required Bond and Certificate of Insurance to this office at the address provided below no later than December 19, 2012 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office. Sincerely, erry Da is, Purchasing Manager cc: Michael D. Nixon, P. E. , Roadway Production Manager Office Management and et • Purchasing Division .ce o gement Budget 1800 27'h Street, Vero Beach , Florida 32960•(772) 226= 1416• Fax : (772) 770-5140 E-mail : Durchasine ar ircaov. 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 CDn-� mr� n � f A, s� l� al � Gb �l� • (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 : The proposed improvements to Indian River Boulevard consist of resurfacing both northbound and southbound lanes from 41st Street to 53rd Street (approximately 8400 linear feet) . Also included with the project is signing and marking of the proposed resurfaced lanes . ARTICLE 2 - THE PROJECT 2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows : Project Name : Indian River Boulevard Resurfacing (41st Street to 53rd Street) County Project Number: 1131 Bid Number: 2013007 Project Address : Indian River Boulevard , Indian River County , Florida ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ARTICLE 4 - CONTRACT TIMES 4 . 01 Time of the Essence A . All time limits for Milestones , if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 60h day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions , and completed and ready for final pa ment in accordance with paragraph 14 . 07 of the General Conditions on or before the 7e day after the date when the Contract Times commence to run . 00520 - Agreement (Public Works) REV 04-07 (7) 00520 - 2 I 4 . 03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work. The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) , CONTRACTOR shall pay OWNER $ 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 . 6 , below: A. For all Work, at the prices stated in CONTRACTOR' s Bid , attached hereto as an exhibit . B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : : Numerical Amount: $ 1.�7 �7 Of qy 5 y a Written Amount: S ve h h1la d re-ol S � vet, S/ ,)( thD u sa no/ nInt hundVeof 19r4mN Ave Udollafs grhd ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 6 . 02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent (50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain 00520 - Agreement (Public Works) REV 04-07 (7) 00520 - 3 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 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 . 00520 - Agreement (Public Works) REV 04-07 (7) 00520 - 4 I 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 . Be 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 l (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 . 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 . 00520 or Agreement (Public Works) REV 04-07 (7) 00520 - 5 i 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. 1 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 1 to 8 , 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 . Contractors Application for Payment ( pages 00622A to 00620-6 , inclusive) ; 6 . General Conditions (pages 00700- 1 to 0070044 , inclusive) ; 7 . Supplementary Conditions (pages 00800A to 00800-9 , inclusive) ; 8 . Specifications as listed in the table of contents of the Project Manual ; 9 . Drawings consisting of a cover sheet and sheets numbered 1 through 20 , inclusive , with each sheet bearing the following general title : Indian River Boulevard , 10 . Addenda (numbers to , inclusive) ; 11 . Appendices to this Agreement (enumerated as follows) : 12 . CONTRACTOR' S BID (pages 00310A to 00310-6 , inclusive) 13 . Bid Bond (pages 1 to 4 , inclusive) , Qualifications Questionnaire (page 1 to 4 , inclusive) , List of Subcontractors (page 1 inclusive) . 14 . Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2 , inclusive) 15 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 1 to 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 ; 00520 - Agreement (Public Works) REV 04-07 (7) 00520 - 6 c) Change Order(s) . 17 . Contractor's Final Certificate of the Work (page 00632 — 1 & 2 of the Specifications ) ARTICLE 10 - MISCELLANEOUS 10 . 01 Terms A . Terms used in this Agreement will have the meanings indicated in the General Conditions , 10 . 02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be hinriinn nn annthar nnrty haratn Withni it tho wri#an nnneant of tha _ narty ens inht .. tn ho c) Change Order(s) . 17 . Contractor's Final Certificate of the Work (page 00632 — 1 & 2 of the Specifications) ARTICLE 10 an MISCELLANEOUS 10 . 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions , 10 . 02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect ,of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . 10 . 03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . 10 . 04 Severability A . Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue A. This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County , Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on � C ehi h ei� , 20J (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement) . 00520 - Agreement (Public Works) REV 04-07 (7) 00520 - 7 Jas Nq NNNtltlII°°tl° OWNER . aaaaa \ COMM/S f,- CONTRACTOR : tt1 as°QQJ��• �• oo • s/O'vF °s°°° +++ phalt rw � ° 1R1T17 � � 3 INDIAN RIVER COUNTY •.K( i 9�, , 1 m s 4 Lk' L HIM 11 IN 11 By . s h E . Flescher, Chairm n ° ?y'• , •'�� (G�n Mice p 000 13r 1 lice By : 4tl,tltlptltl,tlq° (CORPORATE SEAQ) oseph A. Baird , County Administrator � Attest i`4y� �� B Approved : December 4 , 2012 V APPROVED AS TO FOR AND LEGAL SUFFI Y : By: _ -- ( ` Alan S . Polackwich , Sr. , County Attorney Address for giving notices : aC 1 � 5n y 7a v Jeffrey R . Smith , Clerk of Court and Comptroller l�iD / �7 & 4/ Ch , License No . C C7 G n �l 7 Attest: (2 (Where applicable) Deputy Clerk (SEAL) Agent for service of process : ) 3rl o h l3 e Designated Representative : Name : Christopher J . Kafer Jr. , P . E . Designateq Represen tive0 Title : County Engineer Name : mI&C HOW Ie Cl / 'f 1801 27th Street Title : VI C t i0re-T / Ten Vero Beach , Florida 32960 Address : (772) 226-1221 176 I ad t fsr_ Facsimile : (772) 778-9391 V rKb f4ee4Chl3 aq 44o �7 Phone : f �7 7 ! U ' Facsimile : 7 -70 1 D 7 ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) * * END OF SECTION 00520 - Agreement (Public Works) REV 04-07 (7) 00520 - 8 CERTIFICATE ( Corporation) The undersigned hereby certified that the following are true and correct statements : 1 . That she is the Assistant Secretary of Community Asphalt Corp, a corporation organized and existing in good standing under the laws of the State of Florida hereinafter referred to as the Corporation" , and that the following Resolutions are true and correct copies of certain Resolutions adopted by the Board of Directors of the Corporation as the 18"' day of July, 2002 , in accordance with the laws of the State of the state of incorporation of the Corporation , the Articles of Incorporation and the By-Laws of the Corporation . RESOLVED , that - the Corporation shall enter that certain Bid Document between Indian River County Board of County Commissioners, a political subdivision of the State of Florida and the Corporation , a copy of which is attached hereto , and be it FURTHER RESOLVED, that Brian Beetle. the Vice President, of the Corporation , is hereby authorized and instructed to execute such Bid Document and such other instruments as may be necessary and appropriate for the Corporation to fulfill its obligations under the Agreement. 2 . That the foregoing resolutions have not been modified , amended , rescinded , revoked or otherwise changed and remain in full force and effect as of the date hereof. 3 . That the Corporation is in good standing under the laws of the State of Florida or its state of incorporation if other, and has qualified , if legally required , to do business in the State of Florida and has the full power and authority to enter into such Agreement. IN WITNESS WHEREOF , the undersigned has set his hand and affixed the Corporate Seal of the Corporation the 9t' day of April , 2012 . 5 ( Signature) (CORPORATE `SEAL) ( Print Signatory's me) S ASSIST. T SECRETARY Community Asphalt Corp. 9725 NW 117 Avenue, Suite 110 Miami , Florida 33178 State of Incorporation : Florida SWORN TO AND SUBSCRIBED before me this day of, 2012 by the Assistant Secretary of the aforesaid Corporation , who is personally k o me OR who produced as identification and who did to ce an oath . T NICOLE HUME:] ( Nota • _ Commission #Exor�as Octob ( Print Notary's Name) NOTARY PUBLIC State of Florida At Large My Commission Expires . f _ 2258030 RECORDED IN THE P1 ELIC RECORDS OF JEFFREY R SNUTH. CLERK OF COLRT I`vDLkN RIVER COL�'T1' FL BK: 2629 PG : 1530 Page I of4 12 18 '2012 4: 13 PXI Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 105821329 CONTRACTOR NAME: Community Asphalt Corp. CONTRACTOR ADDRESS: 2975 Industrial Blvd . Vero Beach, FL 32967 CONTRACTOR PHONE NO: 772-316-1761 SURETY COMPANY NAME: Travelers Casualty and Surety Company of America SURETY PRINCIPAL One Tower Square BUSINESS ADDRESS: Hartford, CT 06183 SURETY PHONE NO: 407-388-7803 OWNER NAME: Indian River County Board of County Commissioners r OWNER ADDRESS: 1801 27th Street Vero Beach , FL 32960 OWNER PHONE NO: 772-226-1416 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $776,945.42 CONTRACT NO: Project No: 1131 (If applicable) DESCRIPTION OF WORK Indian River Boulevard Resurfacing (41 st Street to 53rd Street) s PROJECT LOCATION: Indian River Boulevard , Indian River County LEGAL DESCRIPTION: Indian River Boulevard Resurfacing (41st Street to 53rd Street) Uf applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any psge oumber(s) that may be printed thereon. 00610 - 2 00610 - Public Construclion Bond.doc F:\Pubtic Works\ENGINEERING DIVISION PROJECTS\1131 - IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract nrw4imRnr4t\nMin - Pirhrir. r..nnetnirtim Pnnri dnr PUBLIC CONSTRUCTION BOND Bond No . 105821329 (enter bond number) BY THIS BOND We communityPCorpAsp .Cor . as Princi al and Travelers Casualtyand Surety Company of America , a corporation , as Surety, are bound to Indian River coup oar o ounty , herein called Owner, in the sum of $ 7760945.42 , for pa h1116Y which we bind ourselves, our heirs , personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND i that if Principal : 1 . Performs the contract dated ' 4a a'a 1 �', between Principal and Owner for construction of Indian River Boulevard Resurfcing (41st Street to 53rd Street) , the contract being made apart of this bond by reference, at the times and in the manner prescribed in the contract; and 2 . Promptly makes payments to all claimants, as defined in Section 255.05( 1 ) , Florida Statutes, supplying Principal with labor, materials , or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3 . Pays Owner all losses, damages, expenses, costs , and attorney's fees , including appellate proceedings , that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond . DATED ON 12" 1 /2012 Community Asphalt Corp. Name qf Princi al By Travelers Casualty and Surety Company of America Name of Sure By Aj 11h 107 Jo h M. Pi trangelo, A omey4n-Fact & FC R d4Agent ; 00610 - 3 �. 00610 - Public Construction Boni} doo'. - �•¢ F:1Public Works\ENGINEERiNG DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contrac1 Documents\00610 - Public Construction Bond-doc WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS J� P6w>�lt o>� A1'TOINEY 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. 224611 Certificate No. 0 0 5 2 515 7 0 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 Joseph M . Pietrangelo, and Claudette Alexander Hunt of the City of Miami State of Florida their true and lawful Attomey(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 wcitingsfobl'tatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts 40 e*ecuung or.,guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. it IN WIe Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 31st day C1Pf etobet ' 2012 Farmington Casualty Company St. Paul Mercury Insurance Company Y ` • Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company 4 ' , . , 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 ,N84 �XtV AN ?�j,'yppq��(jL � `• _ _ y7 QCi' GSD aP ........;q9,(• eJCs` OS �S (1 -."'�wUtY Z �'ORP°NgjF�y yQ`t�PP 04t��m 0 �,19�8 2� 0 19� �1 'O }C^'• 2 F ; ° c N4ROFDAD < fpRlfORq i yycc�"ay ys c°• �i/ � ►M � !r `(ANGt• jf •• AN,( �a........•••3A �.j . '�a � • � � .W� State of Connecticut By : City of Hartford ss . Robert L. Raney, genior Vice President f i i t sOctober 2012 On this the 31 day of 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 Company , Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he , as such , being authorized so to do , executed the foregoing 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 . tooMy Commission expires the 30th day of June . 2016 . is Marie C . Tetreault, Notary Public t t 88440-8-12 Printed in U . S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER f WARNING: THIS POWER OF A ORNEY ISI VALID 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 Attorneys4n-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 i 1 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 Attorneys4n-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. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I.01 day of be. [k.XY1 b e1' 20 ( a � a�f Kevin E. Hughes , Assistant Sec Lary coo � F\ 4yp0.'N' IMSG9Jp+ 1M84q •�tYgNqYfIt00V0Rq� f� t i ,` `a. �0% sEALaeo" SBAL `e° S R NCE �S . ANS fp ..�... ��l •N� • Altt To verify the authenticity of this Power of Attorney, call 1 -800421 -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. 3 i 7 �7 {I 1 s WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ' AG'�O® DAT(MMM/DD/YYYY) �- CERTIFICATE OF LIABILITY INSURANCE12111/2012 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($), 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 endorserrlent(s). PRODUCER CONTACT Aon Risk Services , Inc of Florida NAME` 1001 erickell Bay Drive (IUc, No, t); (866) 283 -7122 1 FM (847) 953- 5390 9 Suite 1100 E MAR Miami FL 33131 USA ADDRESS: S INSURER(S) AFFORDING COVERAGE NAIC S INSURED INSURER A. Illinois National insurance Co 23817 Community Asphalt Corp . INSURER 8: insurance Company of the state of PA 19429 9725 Nw 117 Ave suite 110 INSURER C: Miami FL 33178 USA INSURER D: INSURER E: INSURER F. COVERAGES CERTIFICATE NUMBER: 570048363452 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR T TYPE OF INSURANCE POLICY NUMBER POLICY Ur FOUCYEXP LIMITS GENERAL LIABILITY GLUz 1213IM12 EACHOCCURRENCE 51 , 7501000 X COMMERCIAL GENERAL LIABILITY SIR applies per policy ter s & conditions $3009000 PREMISES Me occurrence CLAIMS-MADE XJ OCCUR MED EXP (AM one person) $10 , 000 PERSONAL & ADV INJURY $1 , 750 , 000 GENERAL AGGREGATE 53 , 750 . 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMPIOP AGG $ 397509000 POLICY X PRO• X LOC IFCT n A AIIromosKE LL48AM 746S 12/31/2011 1 COMBINED SINGLE LIMB $ 1 , 7509000 m SIR applies per policy terms & conditions (En accident) X ANY AUTO BODILY INJURY ( Per person) _ ALL OWNED SCHEDULED BODLY INJURY (Per aeddent) AUTOS AUTOS HIRED AUTOS NON-0WNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIABFCLfA1::4AADE EACH OCCURRENCE t,1 EXCESS LIAR AGGREGATE DED I RETENTION B WORKERS COMPENSATION AND wc021417621 1220111 1 O WC STATU- OTH• Y EMPLOYERS' LIABILITY X TORY LIMITSER ANY PROPRIETOR / PARTNER / EXECUTIVE / N E.L. EACH ACCIDENT 51 , OOO , 000 OFFICERMEMBER EXCLUDED? N I A (Mandeb" In NH) E.L. DISEASEwEA EMPLOYEE Sl , 000 , 000 describe DESCRIPTION OF OPERATIONS below E.L. DISEASE•POLICY LIMIT $210001000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Aaach ACORD 101, Additional Remarks Schedule, It more space Is required) Re : Indian River County Bid No . 2013007 , Indian River Boulevard Resurfacing '�- (41st street to 53rd Street) ; Indian River County is included as an Additional insured with respect to the General Liability and Automobile Liablility policies . O CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE MTN THE POLICY PROVISIONS. Indian River County AUTHORIZED REPRESENTATIVE 1801 27th street vero Beach FL 32960- 3388 USA 01888.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD - - _. SECTION 00622 - Contractor's Application for Payment Indian River Boulevard Resurfacing (41 St Street to 53rd Street) Application for Payment No . For Work Accomplished through the period of through To : Indian River County (OWNER) From : (CONTRACTOR) Bid : 2013007 Project : 1131 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 FAPublic Works%ENGINEERING DIVISION PROJECTSN 131411 Blvd Resurfacing 41st St to 53rd StSEE PROJ 0927Wdmim\Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 2 of 6 2 . Updated Construction Schedule per Specification Section 01310 , and Dated By : (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified , and acting , personally appeared who being by me first duly sworn upon oath , says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR, and that all of the statements contained herein are true , correct, and complete . Subscribed and sworn to before me this day of , 20 is personally known to me or has produced as identification . NOTARY PUBLIC : (SEAL) Printed name : Commission No . : Commission Expiration : [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev.doc 00622 - 2 F:%Public Works%ENGINEERING DIVISION PROJECTV 131-IR Blvd Resurfacing 41 at St to 53rd StSEE PROJ 0927Wdmim\Contract Documents100622 - Contractors Application for Payment - 03-10 rev.doc Rev. 05101 Page 3 of 6 SURETY' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , , a corporation , in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY. Attest. Secretary Corporate Surety Business Address BY: Print Name : Title : (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified , and acting , personally appeared to me well known or who produced as identification , who being by me first duly sworn upon oath , says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment. Subscribed and sworn to before me this day of 20 Notary Public , State of My Commission Expires . [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev.doc 00622 - 3 F:\Public Works%ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927%dmim\Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 4 of 6 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE CERTIFICATION OF INSPECTOR : I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge , this statement of work performed and/or materials supplied appears to be reasonably accurate , that the Contractor appears to be observing the requirements of the Contract with respect to construction , and that the Contractor should be paid the amount requested above , unless otherwise noted by me . I am not 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 [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 4 F:%Public WorksTENGINEERING DIVISION PROJECTS111314R Blvd Resurfacing 41st St to 53rd St-SEE PROD 09271Admim\Contract Documents100622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 5 of 6 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release 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 W ncluded (attach additional pages as necessary) : 00622 - Contractor's Application for Payment - 03-10 rev.doc 00622 - 5 F:1Public Works%ENGINEERING DIVISION PROJECTS%1131-IR Blvd Resurfacing 41 st St to 53rd St-SEE PROD 0927Wdmim\Contract Documents\00622 - Contractors Application for Payment = 03-10 rev.doc Rev. 05/01 WORK COMPLETED FOR mi�Z Rm KM Imm . , x _ , :' : , „ .. � $.. . ._. � ... . _. nr . . .� .; x. ,a�u;, z`>�,F� . , ,�„�r�.�wE x„a�,...� . ,a�... wu r>,. :;d€e=�.H. _�.�=�-,.4. `"�Sa�,�E:��� ,._.�'��:..fi:<__aw�.zw,�,., .`w., z...�., ,_ ....,. s,d K . ,�.,..:x;w�mz-.�-ua+..,.,.,,.,.=�� �fi•,,ru,.3 �..»s„��:E.� .......nr . .> :� v:�-� .,« • � I i l 1 1 1 11 1 1 1 1 ■ 1 1 1 1 1 1 r;N�> gr ;'^�,r �Ez:,dk,�".S`•.. 7r.,,sm,ek; s..ssr «a.:,st..,..d,�aa; u�� x ��z ,�rru�a.:,M �=�`�� 4wE � `�az aa,.,�� �5�•:: , „f„�.w .«:,.:-, .�...�: .....w�,�, ,.. x -: .i .:.��,.s moi,:: . �, �s.r�,. ,.w.' ., � ,.� �»;is,.. . .-•., �, .,:.:.: � ,<. ,. �;» :,. � � mss, s,,.” m� S%.. . . ..:. . . .: .. . . r:'"i,S�*” � >;:_ , .. > ""� � ^.� �;�`s �:< . „ . .. . , .�`-_ � �sa� :� a�:'.;.w�..,:..s..,,b<.�,.e,. ��a��.�::,.;. .,, �..-.�:, .� �.. >.�,F,�>.� `,�t,,. -aw � a• �u ::.:�' ` .�,s: ...�'���z�< .7 �.... .?»••�� :r_R»::, 2, 9m ,ec. _ � �t::spa;= cM- wUL% ,,.. .:asaR �?x`�*w.�t.: . �i3:�€ '��.' • I I ' . I II 1 I it SECTION 00630 = Certificate of Substantial Completion Date of Issuance : 20 OWNER : Indian River County CONTRACTOR : Project: Indian River Boulevard Resurfacing (41st Street to 53d Street) . Bid No . 2013007 ENGINEER's Project No . 1131 CONTRACT FOR : Indian River Boulevard _Resurfacing (41st Street to 53rd Street) , This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: Too OWNER And To CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all- inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion REV 0407.doc 00630 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTSN 131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract DocumentsWMO - Certificate of Substantial Completion REV 0"Tdoc The responsibilities between OWNER and CONTRACTOR for security, operation , safety, maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate . [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on . ( Date) . ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date) . CONTRACTOR : By : (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date) . OWNER : INDIAN RIVER COUNTY By: (Authorized Signature) * * END OF SECTION 00630 - Certificate of Substantial Completion REV 04-07 .doc 00630 - 2 FAPublic WorksXENGINEERING MISION PROJECTSN 131 -IR Blvd Resurfacing 41st St to 53rd StSEE PROJ 0927Wdmim\Contract Documents\00630 - Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County, Florida , a political subdivision of said state , did on the day of , 20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT. Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that. 1 . CONTRACTOR has reviewed the Contract Documents , 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5 . The Work is complete and ready for final acceptance by the OWNER. 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER. 00632- 1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\00832 - Contractor's Final Certification REV 04-07.doc (Corporate Seal ) (Contractor) By: Subscribed and sworn to before me this _ day of , 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632-2 FAI?ublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc r 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) 1 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 Boulevard Resurfacing (41 gt Street to 53`d Street) INDIAN RIVER COUNTY PROJECT # 1131 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below. [Attach additional sheets as necessary] (SURVEYOR'S SEAL) CERTIFIED BY : Printed Name : Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name : Company Address : Telephone Number: 00634 - Professional Surveyor and Mapper's certification as to Elevations and Locations of the Work REV 04-07.doc 00634 = 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07.doc Rev. 06101 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a 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 101515th 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 an DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .5 1 .01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 1 .02 Terminology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . .7 ARTICLE 2 an PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2001 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 .02 Copies of Documents . . . . . . . . . spot@ * * * * * awe Sea sestamebon too ad * a * moose Sees * a as 564608 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 IS CONTRACT DOCUMENTS: INTENT, AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3.01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 .02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3.03 Reporting and Resolving Discrepancies , . 0 a a 0 a 8 a a a * a a 8 a a a a a a a a a a 9 0 a 0 a a 0 a 0 0 0 9 1 a a a 0 0 a a a a a a a a 0 6 6 a 0 V 4 0 a 9 a a a 9 a 0 p a 9 a 6 a a a a a 0 a a 0 a a a a a a a a 0 a 10 3 .04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 .05 Reuse of Documents. . . . . . . . . . 0 * 00004 0 owe * * eggs memos ease Samoa see boo ONO 5 wow as @sets@ @@@some & & * * a a * * @ * * morgue 5 5 @@goo@@ somood a sm * * & Omo9s4o @@@ * @MeSI 0 ARTICLE 4 we AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 .01 Availability of Lands . 0 5 a 9 8 a 6 5 a 9 0 a a a 8 a a a a a 0 a a a a a a 0 0 0 0 9 a a a 5 9 a a 0 a a a a a a a a a 0 0 0 a a 0 0 0 0 0 6 a 0 0 R a 0 9 0 0 9 0 0 0 1 a 6 a 9 6 a a 5 0 a 9 a a 0 9 0 0 a 0 a a 0 a a a 0 a 0 moovoom am mass 696meas 1 1 4 .02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 .03 Differing Subsurface or Physical Conditions. . sesames 0 00 Sea a toomeamessame a & @@Sam Sea Sea * 098060 4 .04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 .05 Reference Points . . . . so avagessef so * ffb & sooS b ease sessesave Oman a Dawes Geneses * gamesomeness 0 moos wageogs a Season * 13 4 .06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE5 We BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5.01 Performance, Payment, and Other Bonds. . . . . . . . . as @ease * * agrees SOS so Sea spoveg000r mesa see 0814 5.02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 15 5.03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 15 5.04 CONTRACTOR's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.05 OWNER'S LiabilityInsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 .08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5.09 Acceptance of Bonds and Insurance, Option to Replace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5. 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 .01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 .02 Labor, Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 .03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . : . . . . . . . . . . . 19 6 .04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 .05 Substitutes and "Or-Equals". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 .07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 00700 - General Conditions REV 04-07.doc 00700 - 2 F:\Pub6c Works\ENGINEERING DIVISION PROJECTS\i 131-IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Adm m\Contract Documents\00700 - General Conditions REV 04-07.doc 6 .08 Permits. . . . a & a me a at a moo so = * move assess 0 00060 v 4 0 asses a & * % moose assess a sea ass fee Sea my a asses * & & Mapes@@ Sees moo * & & mesa ease assess one * 096066090022 6 . 09 Laws and Regulafions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6. 15 Hazard Communication Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 . 16 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6 . 17 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . .24 6. 18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .25 6 . 19 CONTRACTOR'S General Warranty and Guarantee, . . . owes % @@@ a safe 8446t # 809se t000mme go move moseess000bwomw0025 6 .20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . .26 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 7.01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 7.02 Coordination . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 ARTICLE 8 be OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8.01 Communications to Contractor . . . . . . . 8800090006986 @@ * @ass asses 0 memos 5 sesames 6004 mongooses so GO & ROONA moo Meg 5 @ # * Does * 4` Now & Damages@ * wassow &27 8 .02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8 .03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8 .04 Pay Promptly When Due . . DAN Meg Sees 6 no OWN 5 ease 5 Sees 5 of @@ * & seats * & Samoa womeme owes so meff640027 8 .05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8.06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .09 Limitations on OINNER's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 . 11 Evidence of Financial Arrangements . . . . . . . Sees vearsewo Sees@ Samoa he * mongoose message@ a a amiss memo 0 a moos 9690892 woos " 069099028 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 9.01 OWNER'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . .28 9 .02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 9 .03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 9.04 Clarifications and Interpretations . . . ass assess assess * am * 0 be go poweesseave adoesseaseem 0 5 wasoa &29 9.05 Authorized Variations in Work. asses mobs maybe owe mongooses 0 S666 # 44444 0 of on wool see an stangeogeom a Does of wassof 148006029 9 .06 Rejecting Defective Work. . a a a 0 0 0 0 a 0 0 a 6 0 a a 0 a 0 a a a a a a a 6 W 0 0 0 P a 0 9 9 a 9 5 a 9 a 5 a 9 a a a a a s a 0 & a a s 9 0 9 9 0 9 9 0 a 8 a a 9 a 0 a @engage a pow Fee seemed@ 989608029 9 .07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 .09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 . 10 Limitations on ENGINEER's Authority and Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ARTICLE 10 We CHANGES IN THE WORK; CLAIMS . . . . . . a a a 0 0 0 0 6 8 a 9 a 0 8 0 6 a a a a a 9 a 0 a a a a a a 0 0 a 0 8 8 a a 0 0 a a 5 9 9 0 9 9 a a a a a a 9 9 a 4 wages ease 000 a so & 0880 * 8830 10 .01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 10 .02 Unauthorized Changes in the Work . . . . . 6 0 am Moos Sea so as a egg gone seavesoomesesso 006069000989 & goes asses as @Samoa See am & agrees Soaps oweveS30 10 .03 Execution of Change Orders, . @ * gave 0 maestagesestu & moos a ME good & * seems WOODS@ a Wawa Sees@ * omegas seasseabowsom 10 .04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 10 .05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ARTICLE 11 ON COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 11 .01 Cost of the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 11 .02 Cash Allowances . . . . . . a Moog as Sees Diseases * @ 0006 * 06068 OWN am assesses gamesome a WE mom ego Sea as a a 94000 0 as Devotees as 84690630 11 .03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ARTICLE 12 we CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . 6 a 0 a & 9 a a a 0 a 0 a 0 0 0 a a 0 9 8 0 a 0 a 0 a maebommaeo4eaweR530 00700 myGeneral Conditions REV 04-07.doc 00700 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wtnim\Contract Documents\00700 - General Conditions REV 0407.doc 12 .01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 12 .02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 12 .03 Delays Beyond CONTRACTOR's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 12 .04 Delays Within CONTRACTORYS Control . . . . . . . . . . . . . . . a mosmagoom 0 goo Be * @lease goo * & * & 000049 0 6 6 * 6 aeo * w * a 81189SO8698088930 12 .06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK, 0 a 0 a a a a a a a a a a a 0 a 0 0 0 a 4 5 a 0 9 8 a d sabots some 04 040 Dome a dog 0000 peas see me & woo * a maefoefeas as eaves 0 ones * @ * * as 030 13 .01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 13 .02 Access to Work . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 13 .03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 13.04 Uncovering Work. . . . . . . . . . . . 0095 meta * * * & @ assess & see me a @move woo Because 0 Mato peeve * @ $ 0 mom S00440001 goof 5 comment 0 * 60000059 mean a NOE 00 030 13 .05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 13 .06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 13 .07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 13 .08 Acceptance of Defective Work. . . . . . 0 009 we came 080006444 came * 088 so * memo * @ pow @gooses * * @ asessoopomm * * ass 066630 13 .09 OWNER May Correct Defective Work. . . . . . . . . . . of came 000006994 mean amebae Damon no popotemosag we assaboomm a pow ova * D * 630 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 14.01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 14 .02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .30 14 .03 CONTRACTOR 's Warranty of Title . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 14":04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 14.05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 14.06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 14.07 Final Payment . . . . . . . . . . . . . . . . . 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .41 14.09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 15 .01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 15.02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 15.03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 15.04 CONTRACTOR May Stop Work or Terminate . . . . . . . 0082048098am 0 am movemposeem access wood@ & & man boopeaaam 0 gas a om030 ARTICLE 16 - DISPUTE RESOLUTIONman 16 .01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ARTICLE17 as, MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 17.01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 17 .02 Computation of rimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 17 .03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 17 . 04 Survival of Obligations. . . . . . case see @Room a a memo & mammon * come 0000 * 00mv a a man sofa a age emegemesso a 00 * anew at $ ME 0 66 600 * 69m000pme mammon 030 17 .05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 00700 - General Conditions REV 0"7.doc 00700 ON 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Docunrcnts\00700 - General Conditions REV 04-07.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 , Claim A demand or assertion - by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim . and printed with initial or all capital letters, the terms listed below will have the meanings indicated which 11 . Contract—The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract 1 . Addenda—Written or graphic instruments supersedes prior negotiations , representations, or issued prior to the opening of Bids which clarify, agreements , whether written or oral . correct, or change the Bidding Requirements or the Contract Documents. 12 , Contract Documents—The Contract Documents establish the rights and obligations of the 2 . Agreement—The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents), CONTRACTOR's CONTRACTOR covering the Work. Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds, these CONTRACTOR during the course of the Work in General Conditions, the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents , with all Written Amendments , Change Orders, Work Change Directives, Field Orders, and ENGINEER's 4 . Asbestos—Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents, Files 5. Bid The offer or proposal of a bidder in electronic media format of text, data, graphics, and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents, 6 . Bidding Documents—The Bidding 13 . Contract Price—The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the (including all Addenda issued prior to receipt of Bids). Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7. Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work). Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14 . Contract Times—The number of days or with any supplements . the dates stated in the Agreement to: (i) achieve Substantial Completion ; and (ii) complete the Work so 8 . Bonds--Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER's written recommendation of final pay- ment. 9 . Change Order A document recommend- ed by ENGINEER which is signed by CONTRACTOR 15. CONTRACTOR--The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement. revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work--See paragraph 11 .01 .A Effective Date of the Agreement. for definition . 00700 - General Conditions REV 04-07.doc 00700 - 5 F:\PubGc works\ENGINEERING DMSION PROJECTS\1 13 1 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admun\Contract Documents\00700 - General Conditions REV 04-07.doc 17 . Drawings--That part of the Contract 27 . Milestone—A principal event specified in Documents prepared or approved by ENGINEER the Contract Documents relating to an intermediate which graphically shows the scope, extent, and completion date or time prior to Substantial Comple- character of the Work to be performed by tion of all the Work. CONTRACTOR, Shop Drawings and other CONTRACTOR submittals are not Drawings as so 28. Notice of Award—The written notice by defined . OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful 18 . Effective Date of the Agreement—The bidder with the conditions precedent listed therein , date indicated in the Agreement on which it becomes OWNER will sign and deliver the Agreement. effective, but if no such date is indicated , it means the date on which the Agreement is signed and delivered 29. Notice to Proceed- A written notice given by the last of the two parties to sign and deliver. by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and 19. ENGINEER--The individual or entity on which CONTRACTOR shall start to perform the named as such in the Agreement. Work under the Contract Documents . ' 30 . OWNER—The individual , entity, public entity having a contract with ENGINEE 'hu body, or authority with whom CONTRACTOR has services as ENGINEER's onopend6i6t professional entered into the Agreement and for whom the Work is associate or consul respect to the Project and to be performed , who is ' ed as such in the Supplementary 31 , Partial Utilization—Use by OWNER of a substantially completed part of the Work for the pur- . 21 . Field Order—A written order issued by pose for which it is intended (or a related purpose) ENGINEER which requires minor changes in the prior to Substantial Completion of all the Work. Work but which does not involve a change in the Contract Price or the Contract Times . 32 . PCBs—Polychlorinated biphenyls . 22 . General Requirements--Sections of 33 . Petroleum—Petroleum , including crude oil Division 1 of the Specifications. The General or any fraction thereof which is liquid at standard Requirements pertain to all sections of the Specifica- conditions of temperature and pressure (60 degrees tions . Fahrenheit and 14 .7 pounds per square inch absolute), such as oil , petroleum , fuel oil , oil sludge, oil 23. Hazardous Environmental Condition—The refuse, gasoline, kerosene, and oil mixed with other . presence at the Site of Asbestos , PCBs, Petroleum , non-Hazardous Waste and crude oils . Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a 34 . Project—The total construction of which substantial danger to persons or property exposed the Work to be performed under the Contract thereto in connection with the Work. Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents . 24 . Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 35. Project Manual The bound documentary 1004 of the Solid Waste Disposal Act (42 USC information prepared for bidding and constructing the Section 6903) as amended from time to time. Work. A listing of the contents of the Project Manual , which may be bound in one or more volumes , is 25. Laws and Regulations; Laws or Regulat- contained in the table(s) of contents. ions--Any and all applicable laws, rules , regulations , ordinances, codes, and orders of any and all govern- 36 . Radioactive Material--Source, special mental bodies , agencies, authorities, and courts nuclear, or byproduct material as defined by the having jurisdiction . Atomic Energy Act of 1954 (42 USC Section 2011 et seq . ) as amended from time to time. 26 . Liens--Charges, security interests, or encumbrances upon Project funds, real property, or 37 . Resident Project Representative--The personal property. authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - General Conditions REV 04-07.doc 00700 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 •IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927VAdmim\Contract Docunrents\00700 - General Conditions REV 04- 07.doc 38 . Samples—Physical examples of steam , liquid petroleum products, telephone or other materials , equipment, or workmanship that are communications , cable television , water, wastewater, representative of some portion of the Work and which storm water, other liquids or chemicals , or traffic or establish the standards by which such portion of the other control systems . Work will be judged . 47 . Unit Price Work—Work to be paid for on 39. Shop Drawings—All drawings , diagrams , the basis of unit prices , illustrations , schedules , and other data or information which are specifically prepared or assembled by or for 48 . Work—The entire completed construction CONTRACTOR and submitted by CONTRACTOR to or the various separately identifiable parts thereof re- illustrate some portion of the Work. quired to be provided under the Contract Documents . Work includes and is the result of performing or 40 . Site—Lands or areas indicated in the providing all labor, services, and documentation Contract Documents as being furnished by OWNER necessary to produce such construction, and upon which the Work is to be performed , including furnishing , installing , and incorporating all materials rights-of--way and easements for access thereto, and and equipment into such construction , all as required such other lands furnished by OWNER which are by the Contract Documents . designated for the use of CONTRACTOR. 49 . Work Change Directive—A written 41 . Specification- That part of the Contract statement to CONTRACTOR issued on or after the Documents consisting of written technical descriptions Effective Date of the Agreement and signed by of materials , equipment, systems , standards, and OWNER and recommended by ENGINEER ordering workmanship as applied to the Work and certain an addition , deletion , or revision in the Work, or administrative details applicable thereto . responding to differing or unforeseen subsurface or physical conditions under which the Work is to be 42 . Subcontractor—An individual or entity performed or to emergencies . A Work Change having a direct contract with CONTRACTOR or with Directive will not change the Contract Price or the any other Subcontractor for the performance of a part Contract Times but is evidence that the parties expect of the Work at the Site . that the change ordered or documented by a Work Change Directive will be incorporated in a subse- 43. Substantial Completion—The time at quently issued Change Order following negotiations by which the Work (or a specified part thereof) has the parties as to its effect, if any, on the Contract Price progressed to the point where, in the opinion of or Contract Times. ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract 50 . Written Amendment A written statement Documents, so that the Work (or a specified part modifying the Contract Documents, signed by thereof) can be utilized for the purposes for which it is OWNER and CONTRACTOR on or after the Effective intended . The terms "substantially complete" and Date of the Agreement and normally dealing with the "substantially completed" as applied to all or part of the nonengineering or nontechnical rather than strictly Work refer to Substantial Completion thereof. construction-related aspects of the Contract Docu- ments . 44 . Supplementary Conditions—That part of the Contract Documents which amends or 1 .02 Terminology supplements these General Conditions . A. Intent of Certain Terms or Adjectives 45. Supplier—A manufacturer, fabricator, supplier, distributor, matenalman , or vendor having a 1 . Whenever in the Contract Documents the direct contract with CONTRACTOR or with any terms "as allowed ," "as approved ," or terms of like Subcontractor to furnish materials or equipment to be effect or import are used , or the adjectives incorporated in the Work by CONTRACTOR or any "reasonable," "suitable," "acceptable," "proper, " Subcontractor. "satisfactory," or adjectives of like effect or import are used to describe an action or determination of 46 . Underground Facilities- All underground ENGINEER as to the Work, it is intended that such pipelines, conduits , ducts , cables , wires , manholes, action or determination will be solely to evaluate, in vaults, tanks, tunnels, or other such facilities or general , the completed Work for compliance with attachments , and any encasements containing such the requirements of and information in the Contract facilities, including those that convey electricity, gases , Documents and conformance with the design 00700 = General Conditions REV 04-07.doc 00700 - 7 F:\Public WorksAENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41 st St to 53rd St-SEE PROJ 0927Wdmtm\Contract Documents\00700 - General Conditions REV 04- 07.doc concept of the completed Project as a functioning 4 . When "furnish , " "install , " " perform , " or whole as shown or indicated in the Contract "provide" is not used in connection with services, Documents (unless there is a specific statement materials, or equipment in a context . clearly indicating otherwise). The use of any such term or requiring an obligation of CONTRACTOR , adjective shall not be effective to assign to ENGI- " provide" is implied . NEER any duty or authority to supervise or direct the performance of the Work or any duty or E. Unless stated otherwise in the Contract Docu- authority to undertake responsibility contrary to the ments, words or phrases which have a well-known provisions of paragraph 9. 10 or any other provision technical or construction industry or trade meaning are of the Contract Documents. used in the Contract Documents in accordance with such recognized meaning . B. Day 1 . The word "day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. 2 .01 Delivery of Bonds C. Defective A. When CONTRACTOR delivers the , executed 1 . The word "defective, " when modifying Agreements to OWNER , CONTRACTOR shall also the word "Work, " refers to Work that is deliver to OWNER such Bonds as CONTRACTOR unsatisfactory, faulty, or deficient in that it does may be required to furnish , not conform to the Contract Documents or does not , .meet the requirements of any inspection , 2002 Copies of Documents reference standard , test, or approval referred to in the Contract Documents, or has been A. OWNER shall furnish to CONTRACTOR up damaged prior to ENGINEER's recom- to ten copies of the Contract Documents. Additional mendation of final payment (unless responsions copies will be furnished upon request at the cost of bility for the protection thereof has been reproduction . assumed by OWNER at Substantial Completion in accordance with paragraph 2 . 03 Commencement of Contract Times; Notice 14. 04 or 14. 05) . to Proceed D . Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- 1 . , " when 11sed in ment or, if a Notice to Proceed is given , on the day i4ww , mategals, 9 indicated in the Notice to Proceed . A Notice to Pro- , teed may be given at any time within 30 days after the said seworses, mategalS, OF equip nt to 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 ser3dit thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2 . IMOF(i " Install , " when used in ww 2 . 04 Starting the Work , mate0als, e A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- uses mence to run . No Work shall be done at the Site prior to the date on which the Contract Times commence to 30 The weFds u n u n eF , run . when used in GGRAeGtOOR With 68NIG861 2 . 05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- �se ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the 00700 - General Conditions REV 0"7.doc 00700 - 8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract DocumeMs\00700 - General Conditions REV 04 07.doc Contract Documents and check and verify pertinent wei:kinq undeFiStanding ameng the parties as to the figures therein and all applicable field measurements. Work and to discuss the schedules o in para- CONTRACTOR shall promptly report in writing to graph 2 . 05. 13 , proced andling Shop Drawings ENGINEER any conflict, error, ambiguity, or and oth i tals, processing Applications for discrepancy which CONTRACTOR may discover and . shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 2007 Initial Acceptance of Schedules thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any A. Unless otherwise provided in the Contract conflict, error, ambiguity, or discrepancy in the Documents, at least ten days before submission of the Contract Documents unless CONTRACTOR knew or first Application for Payment a conference attended by reasonably should have known thereof. CONTRACTOR , ENGINEER , and others as appropri- ate will be held to review for acceptability to ENGI- B. Preliminary Schedules: Within ten days after NEER as provided below the schedules submitted in the Effective Date of the Agreement ( unless otherwise accordance with paragraph 2 . 05. 6. CONTRACTOR specified in the General Requirements) , CONTRAC- shall have an additional ten days to make corrections TOR shall submit to ENGINEER for its timely review: and adjustments and to complete and resubmit the schedules. No progress payment shall be made to 1 . a preliminary progress schedule CONTRACTOR until acceptable schedules are indicating the times (numbers of days or dates) submitted to ENGINEER. for starting and completing the various stages of the Work, including any Milestones specified 1 . The progress schedule will be in the Contract Documents; acceptable to ENGINEER if it provides an orderly progression of the Work to completion 2* a preliminary schedule of Shop within any specified Milestones and the Drawing and Sample submittals which will list Contract Times. Such acceptance will not each required submittal and the times for sub- impose on ENGINEER responsibility for the mitting , reviewing , and processing such progress schedule, for sequencing , scheduling , submittal; and or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's 30 a preliminary schedule of values for full responsibility therefor, all of the Work which includes quantities and prices of items which when added together 2 . CONTRACTOR's schedule of Shop equal the Contract Price and subdivides the Drawing and Sample submittals will be Work into component parts in sufficient detail to acceptable to ENGINEER if it provides a serve as the basis for progress payments workable arrangement for reviewing and during performance of the Work. Such prices processing the required submittals, will include an appropriate amount of overhead and profit applicable to each item of Work. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable the Site is started , CONTRACTOR and OWNE all allocation of the Contract Price to component each deliver to the other, with copi o each parts of the Work. additional insured identified in t upplementary Conditions, certificates of urance (and other ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, evidence of insuranc ich either of them or any AMENDING , REUSE additional insur may reasonably request) which CONTRA and OWNER respectively are 3. 01 Intent A. The Contract Documents are comple- 2 . 06 Preconstruction Conference mentary; what is called for by one is as binding as if called for by all . to run , but before any Wo a is started , a B. It is the intent of the Contract Documents to conference y ONTRACTOR , ENGINEER, describe a functionally complete Project (or part there- ar'r ers as appropriate will be held to establish a of) to be constructed in accordance with the Contract 00700 - General Conditions REV 04-07.doc 00700 - 9 FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd StSEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04 07.doc Documents . Any labor, documentation , services, CONTRACTOR shall report it to ENGINEER in materials , or equipment that may reasonably be writing at once. CONTRACTOR shall not inferred from the Contract Documents or from proceed with the Work affected thereby (except prevailing custom or trade usage as being required to in an emergency as required by paragraph produce the intended result will be provided whether 6 . 16 .A) until an amendment or supplement to or not specifically called for at no additional cost to the Contract Documents has been issued by OWNER. one of the methods indicated in paragraph 3 .04 ; provided , however, that CONTRACTOR C . Clarifications and interpretations of the shall not be liable to OWNER or ENGINEER for Contract Documents shall be issued by ENGINEER failure to report any such conflict, error, as provided in Article 9 . ambiguity, or discrepancy unless CON= TRACTOR knew or reasonably should have 3 .02 Reference Standards known thereof. A. Standards, Specifications, Codes, Laws, and B . Resolving Discrepancies Regulations 1 . Except as may be otherwise 1 . Reference to standards, specifica- specifically stated in the Contract Documents , tions, manuals, or codes of any technical the provisions of the Contract Documents shall society, organization , or association , or to Laws take precedence .in resolving any conflict, error, or Regulations, whether such reference be ambiguity, or discrepancy between the specific or by implication , shall mean the sten- provisions of the Contract Documents and : dard , specification , manual, code, or Laws or Regulations in effect at the time of opening of a . the provisions of any standard , Bids (or on the Effective Date of the Agreement specification , manual , code, or instruction if there were no Bids), except as may be (whether or not specifically incorporated by otherwise specifically stated in the Contract reference in the Contract Documents); or Documents. b . the provisions of any Laws or 2. No provision of any such standard, Regulations applicable to the performance specification , manual or code, or any instruction of the Work (unless such an interpretation of of a Supplier shall be effective to change the the provisions of the Contract Documents duties or responsibilities of OWNER, would result in violation of such Law or CONTRACTOR, or ENGINEER, or any of their Regulation). subcontractors , consultants, agents, or employ- ees from those set forth in the Contract 3 .04 Amending and Supplementing Contract Documents, nor shall any such provision or Documents instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's A. The Contract Documents may be amended to Consultants , agents, or employees any duty or provide for additions , deletions , and revisions in the authority to supervise or direct the performance Work or to modify the terms and conditions thereof in of the Work or any duty or authority to one or more of the following ways : (i) a Written undertake responsibility inconsistent with the Amendment, (ii) a Change Order; or (iii) a Work provisions of the Contract Documents . Change Directive. 3 . 03 Reporting and Resolving Discrepancies B. The requirements of the Contract Documents may be supplemented , and minor variations and A. Reporting Discrepancies deviations in the Work may be authorized , by one or more of the following ways: (i) a Field Order; (ii) 1 . If, during the performance of the ENGINEER's approval of a Shop Drawing or Sample; Work, CONTRACTOR discovers any conflict, or (iii) ENGINEER's written interpretation or clarifi- error, ambiguity, or discrepancy within the Con- cation . tract Documents or between the Contract Documents and any provision of any Law or 3 . 05 Reuse of Documents Regulation applicable to the performance of the Work or of any standard , specification , manual A. CONTRACTOR and any Subcontractor or or code, or of any instruction of any Supplier, Supplier or other individual or entity performing or 00700 - General Conditions REV 04-07.doc 00700 - 10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc furnishing any of the Work under a direct or indirect A. Reports and Drawings: The Supplementary contract with OWNER: (i ) shall not have or acquire Conditions identify: any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any 1 . those reports of explorations and thereof) prepared by or bearing the seal of tests of subsurface conditions at or contiguous ENGINEER or ENGINEER's Consultant, including to the Site that ENGINEER has used in electronic media editions; and (ii ) shall not reuse any preparing the Contract Documents, and of such Drawings , Specifications , other documents, or copies thereof on extensions of the Project or any 2a those drawings of physical other project without written consent of OWNER and conditions in or relating to existing surface or ENGINEER and specific written verification or subsurface structures at or contiguous to the adaption by ENGINEER. This prohibition will survive Site (except Underground Facilities) that ENGk final payment, completion , and acceptance of the NEER has used in preparing the Contract Work, or termination or completion of the Contract. Documents . Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record B . Limited Reliance by CONTRACTOR on purposes . Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings , but such ARTICLE 4 - AVAILABILITY OF LANDS ; reports and drawings are not Contract Documents . SUBSURFACE AND PHYSICAL CONDITIONS ; Such "technical data" is identified in the Supplementa- REFERENCE POINTS ry Conditions . Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any 4 .01 Availability of Lands of ENGINEER's Consultants with respect to: A. OWNER shall furnish the Site . OWNER shall 1 . the completeness of such reports notify CONTRACTOR of any encumbrances or and drawings for CONTRACTOR's purposes, restrictions not of general application but specifically including, but not limited to, any aspects of the related to use of the Site with which CONTRACTOR means, methods, techniques, sequences, and must comply in performing the Work. OWNER will procedures of construction to be employed by obtain in a timely manner and pay for easements for CONTRACTOR, and safety precautions and permanent structures or permanent changes in programs incident thereto; or existing facilities . If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or 28 other data, interpretations, opinions, extent, if any, of any adjustment in the Contract Price and information contained in such reports or or Contract Times, or both , as a result of any delay in shown or indicated in such drawings; or OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 3 . any CONTRACTOR interpretation of 10 .05m or conclusion drawn from any "technical data" or any such other data, interpretations, B . Upon reasonable written request, OWNER opinions , or information , shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands 4 .03 Differing Subsurface or Physical Conditions upon which the Work is to be performed and OWNER's interest therein as necessary for giving A. Notice: If CONTRACTOR believes that any notice of or filing a mechanic's or construction lien subsurface or physical condition at or contiguous to against such lands in accordance with applicable the Site that is uncovered or revealed either: Laws and Regulations . 1 . is of such a nature as to establish C . CONTRACTOR shall provide for all additional that any "technical data" on which CONTRAC- lands and access thereto that may be required for TOR is entitled to rely as provided in paragraph temporary construction facilities or storage of 4 . 02 is materially inaccurate; or materials and equipment. 2o is of such a nature as to require a 4 .02 Subsurface and Physical Conditions change in the Contract Documents ; or 00700 - General Conditions REV 04-07.doc 00700 - 11 FAPublic Works\ENGINEERING DMSION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St•SEE PROD 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc 3 . differs materially from that shown or or becoming bound under a negotiated indicated in the Contract Documents , or , contract; or 4 . is of an unusual nature, and differs b . the existence of such condition could materially from conditions ordinarily reasonably have been discovered or encountered and generally recognized as inher- revealed as a result of any examination , ent in work of the character provided for in the investigation , exploration , test, or study of Contract Documents ; the Site and contiguous areas required by the Bidding Requirements or Contract then CONTRACTOR shall , promptly after becoming Documents to be conducted by or for CON = aware thereof and before further disturbing the TRACTOR prior to CONTRACTOR's subsurface or physical conditions or performing any making such final commitment; or Work in connection therewith (except in an emergency as required by paragraph 6. 16 .A), notify OWNER and c. CONTRACTOR failed to give the ENGINEER in writing about such condition . written notice within the time and as re- CONTRACTOR shall not further disturb such quired by paragraph 4 .03 .A. condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do 3 . If OWNER and CONTRACTOR are M unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in B. ENGINEER's Review: After receipt of written the Contract Price or Contract Times, or both, a notice as required by paragraph 4.03 .A, ENGINEER Claim may be made therefor as provided in will promptly review the pertinent condition , determine paragraph 10 .05. However, OWNER, the necessity of OWNER's obtaining additional ENGINEER, and ENGINEER's Consultants exploration or tests with respect thereto, and advise shall not be liable to CONTRACTOR for any OWNER in writing (with a copy to CONTRACTOR) of claims , costs, _ losses, or damages (including ENGINEER's findings and conclusions. but not limited to all fees and charges of engineers , architects, attorneys, and other C. Passible Price and Times Adjustments professionals and all court or arbitration or other dispute resolution costs) sustained by 1 . The Contract Price or the Contract CONTRACTOR on or in connection with any Times , or both , will be equitably adjusted to the other project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an in= 4 .04 Underground Facilities crease or decrease in CONTRACTOR's cost of, or time required for, performance of the A. Shown or Indicated: The information and data Work; subject, however, to the following : shown or indicated in the Contract Documents with respect to existing Underground Facilities at or a . such condition must meet any one or contiguous to the Site is based on information and more of the categories described in para- data furnished to OWNER or ENGINEER by the graph 4 .03 .A; and owners of such Underground Facilities, including OWNER, or by others . Unless it is otherwise b . with respect to Work that is paid for expressly provided in the Supplementary Conditions . on a Unit Price Basis , any adjustment in Contract Price will be subject to the 1 . OWNER and ENGINEER shall not provisions of paragraphs 9 .08 and 11 .03 . be responsible for the accuracy or com- pleteness of any such information or data ; and 2 . CONTRACTOR shall not be entitled to any adjustment in the Contract Price or 2a the cost of all of the following will be Contract Times if: included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a . CONTRACTOR knew of the existence of such conditions at the time a . reviewing and checking all such CONTRACTOR made a final commitment information and data, to OWNER in respect of Contract Price and Contract Times by the submission of a Bid 00700 - General Conditions REV 04-07.doc 00700 - 12 FAIDublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St•SEE PROJ 0927Wdmim\Contract Documents100700 = General Conditions REV 04- 07.doc b . locating all Underground Facilities 4 .05 Reference Points shown or indicated in the Contract Documents, A. OWNER shall provide engineering surreys to establish reference points for construction which in c. coordination of the Work with the ENGINEER's judgment are necessary to enable owners of such Underground Facilities , CONTRACTOR to proceed with theA Work. CON- including OWNER, during construction , and TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established d . the safety and protection of all such reference points and property monuments, and shall Underground Facilities and repairing any make no changes or relocations without the prior damage thereto resulting from the Work, written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or B . Not Shown or Indicated property monument is lost or destroyed or requires relocation because of necessary changes in grades or 1 . If an Underground Facility is locations, and shall be responsible for the accurate uncovered or revealed at or contiguous to the replacement or relocation of such reference points or Site which was not shown or indicated , or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel . the Contract Documents, CONTRACTOR shall , promptly after becoming aware thereof and 4 .06 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A. Reports and . Drawings: Reference is made to therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6 . 16 .A), identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site, if any, notice to that owner and to OWNER and ENGk that have been utilized by the ENGINEER in the NEER. ENGINEER will promptly review the preparation of the Contract Documents . Underground Facility and determine the extent, if any, to which a change is required in the B . Limited Reliance by CONTRACTOR on Contract Documents to reflect and document Technical Data Authorized: CONTRACTOR may rely the consequences of the existence or location upon the general accuracy of the "technical data" of the Underground Facility. During such time, contained in such reports and drawings, but such CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents . safety and protection of such Underground Such "technical data" is identified in the Facility. Supplementary Conditions . Except for such reliance on such "technical data," CONTRACTOR may not rely 2 . If ENGINEER concludes that a upon or make any Claim against OWNER, change in the Contract Documents is required , ENGINEER or any of ENGINEER's Consultants with a Work Change Directive or a Change Order respect to. will be issued to reflect and document such consequences. An equitable adjustment shall 1 . the completeness of such reports be made in the Contract Price or Contract. and drawings for CONTRACTOR's purposes, Times , or both , to the extent that they are including , but not limited to, any aspects of the attributable to the existence or location of any means, methods, techniques, sequences and Underground Facility that was not shown or procedures of construction to be employed by indicated or not shown or indicated with CONTRACTOR and safety precautions and reasonable accuracy in the Contract programs incident thereto, or Documents and that CONTRACTOR did not know of and could not reasonably have been 2v other data , interpretations, opinions expected to be aware of or to have anticipated . and information contained in such reports or If OWNER and CONTRACTOR are unable to shown or indicated in such drawings ; or agree on entitlement to or on the amount or extent, if any, of , any such adjustment in 3 . any CONTRACTOR interpretation of Contract Price or Contract Times , OWNER or or conclusion drawn from any "technical data" CONTRACTOR may make a Claim therefor as or any such other data , interpretations, opinions provided in paragraph 10 .05. or information . 00700 - General Conditions REV 04=07.doc 00700 - 13 F:\Public Works\ENGINEERING DNISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927WdmiftContract Documents\00700 . General Conditions REV 04- 07.doc I C . CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in any Hazardous Environmental Condition uncovered or accordance with Article 7 . revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the G . To the fullest extent permitted by Laws and Contract Documents to be within the scope of the Regulations , OWNER shall indemnify and hold Work . CONTRACTOR shall be responsible for a harmless CONTRACTOR, Subcontractors , ENGI- Hazardous Environmental Condition created with any NEER, ENGINEER's Consultants and the officers , materials brought to the Site by CONTRACTOR, directors, partners, employees , agents, other Subcontractors , Suppliers, or anyone else for whom consultants, and subcontractors of each and any of CONTRACTOR is responsible. them from and against all claims , costs , losses, and damages (including but not limited to all fees and D . If CONTRACTOR encounters a Hazardous charges of engineers, architects, attorneys, and other Environmental Condition or if CONTRACTOR or professionals and all court or arbitration or other anyone for whom CONTRACTOR is responsible dispute resolution costs) arising out of or relating to a creates a Hazardous Environmental Condition, Hazardous Environmental Condition , provided that CONTRACTOR shall immediately: (I) secure or such Hazardous Environmental Condition : (i) was not otherwise isolate such condition ; (ii) stop all Work in shown or indicated in the Drawings or Specifications connection with such condition and in any area or identified in the Contract Documents to be included affected thereby (except in an emergency as required within the scope of the Work, and (ii) was not created by paragraph 6. 16); and (iii) notify OWNER and ENGI- by CONTRACTOR or by anyone for whom NEER (and promptly thereafter confirm such notice in CONTRACTOR is responsible . Nothing in this para- writing). OWNER shall promptly consult with graph 4.06. E shall obligate OWNER to indemnify any ENGINEER concerning the necessity for OWNER to individual or entity from and against the consequences retain a qualified expert to evaluate such condition or of that individual's or entity's own negligence. take corrective action, if any. H . To the fullest extent permitted by Laws and E. CONTRACTOR shall not be required to Regulations , CONTRACTOR shall indemnify and hold resume Work in connection with such condition or in harmless OWNER, ENGINEER, ENGINEER's any affected area until after OWNER has obtained any Consultants, and the officers, directors, partners, required permits related thereto and delivered to employees , agents , other consultants , and CONTRACTOR written notice: (i) specifying that such subcontractors of each and any of them from and condition and any affected area is or has been against all claims, costs , losses, and damages rendered safe for the resumption of Work; or (ii) (including but not limited to all fees and charges of specifying any special conditions under which such engineers, architects, attorneys, and other Work may be resumed safely. If OWNER and professionals and all court or arbitration or other CONTRACTOR cannot agree as to entitlement to or dispute resolution costs) arising out of or relating to a on the amount or extent, if any, of any adjustment in Hazardous Environmental Condition created by Contract Price or Contract Times, or both , as a result CONTRACTOR or by anyone for whom of such Work stoppage or such special conditions CONTRACTOR is responsible. Nothing in this under which Work is agreed to be resumed by paragraph 4 .06 . F shall obligate CONTRACTOR to CONTRACTOR, either party may make a Claim indemnify any individual or entity from and against the therefor as provided in paragraph 10 .05. consequences of that individual's or entity's own negli- gence . F . If after receipt of such written notice CONTRACTOR does not agree to resume such Work 1 . The provisions of paragraphs 4 .02 , 4 .03, and based on a reasonable belief it is unsafe, or does not 4.04 are not intended to apply to a Hazardous agree to resume such Work under such special condi- Environmental Condition uncovered or revealed at the tions, then OWNER may order the portion of the Work Site. 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 ARTICLE 5 - BONDS AND INSURANCE 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 5 .01 Performance, Payment, and Other Bonds Claim therefor as provided in paragraph 10 .05 . OWNER may have such deleted portion of the Work at least equal 00700 - General Conditions REV 04-07.doc 00700 - 14 FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc 5 .04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain also fumish su*h other Bends. as. aire. Fe9wiFed by the such liability and other insurance as is appropriate for GGRtFaGt . the Work being performed and as will provide protection from claims set forth below which may arise Be All Bonds shall be in the form prescribed by out of or result from CONTRACTOR's performance of the Contract Documents except as provided otherwise the Work and CONTRACTOR's other obligations by Laws or Regulations, and shall be executed by under the Contract Documents, whether it is to be perm such sureties as are named in the current list of "Comm formed by CONTRACTOR, any Subcontractor or panies Holding Certificates of Authority as Acceptable Supplier, or by anyone directly or indirectly employed Sureties on Federal Bonds and as Acceptable by any of them to perform any of the Work, or by Reinsuring Companies" as published in Circular 570 anyone for whose acts any of them may be liable: (amended ) by the Financial Management Service, Surety Bond Branch , U .S . Department of the 1 . claims under workers' compensation , Treasury. All Bonds signed by an agent must be disability benefits , and other similar employee accompanied by a certified copy of such agent's benefit acts; authority to act. 2a claims for damages because of C . If the surety on any Bond furnished by CON- bodily injury, occupational sickness or disease, TRACTOR is declared bankrupt or becomes insolvent or death of CONTRACTOR's employees , or its right to do business is terminated in any state where any part of the Project is located or it ceases to 38 claims for damages because of meet the requirements of paragraph 5.01 . B , bodily injury, sickness or disease, or death of CONTRACTOR shall within 20 days thereafter any person other than CONTRACTOR's substitute another Bond and surety, both of which employees, shall comply with the requirements of paragraphs 5 .01 . 13 and 5 .02 . 4o claims for damages insured by reasonably available personal injury liability 5 .02 Licensed Sureties and Insurers coverage which are sustained : (i) by any person as a result of an offense directly or indirectly A. All Bonds and insurance required by the related to the employment of such person by Contract Documents to be purchased and maintained CONTRACTOR, or (ii) by any other person for by OWNER or CONTRACTOR shall be obtained from any other reason ; surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is 5* claims for damages , other than to the located to issue Bonds or insurance policies for the Work itself, because of injury to or destruction limits and coverages so required . Such surety and of tangible property wherever located , including insurance companies shall also meet such additional loss of use resulting therefrom ; and requirements and qualifications as may be provided in the Supplementary Conditions . 60 claims for damages because of bodily injury or death of any person or property 5.03 Certificates of Insurance damage arising out of the ownership, mainte- nance or use of any motor vehicle. A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Be The policies of insurance so required by this Supplementary Conditions , certificates of insurance paragraph 5 .04 to be purchased and maintained shall : (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- 1 . with respect to insurance required by TRACTOR is required to purchase and maintain . 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 00700 - General Conditions REV 04-07.doc 00700 - 15 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St•SEE PROJ 0927VAdrrm\Contract Documents\00700 - General Conditions REV 04- 07.doc • • • - • • • 1 • . • AND ME OF • • . • • • - • • - • - - • - - - ME 9 IF 110 • - • . • � - � • • • Ed asAm am • • 1 - Is A • • • • • • • • • • • • • • - • - • - • • - • - • • • - - • ' • • • . . • . • 1 • • • • - mw it - - - am - • . • - - - • • • • • • • ma - • . . • . • 1 • - - - - • - • . • - "a age mdaMiZIP& • • • • • - • . • • - - - • ,� - 1 ■ OTMOATIVI A lam mw . . . . MT.� 'TTIWMATATA A Pat AN . _ . . . , 01 Mr mrawr .7" - IN a a a - - AT . � Nigh a VIM • . . . w - - . - - . . . . _ a a a "mom" - AM Ak . _ . . = -�Am MOMam • a - . , . . a ATM "Tow 111 Eli a as . . A. Ilk . . . - M13M MTM kil = & I AA, As 03000400 0 AA . - . . . . — A I I MAIM — k I A I— • — . . : . , — — It • — . . . . . . TOP AN — . . . . . —wh � — . . . . . . . 1 . . . — . — . - — - — - or . . • . towMI-MIDI Mrm"Tmm = Ila"m & rill • • - EmI - • • — 1w mor w — •most A 2 NMI ME • - . — — — ARAYLVA Ell I Ill - . • . . . • at a . - — — — AT 1 • a . — • S • • or a — • . . . • . • • IlL- • • AN 11 1 ON means, method , technique, sequence, or procedure of satisfactory evidence (including reports of required construction which is shown or indicated in and tests) as to the source, kind , and quality of materials expressly required by the Contract Documents . CON= and equipment. All materials and equipment shall be TRACTOR shall be responsible to see that the stored , applied , installed, connected , erected , completed Work complies accurately with the Contract protected , used , cleaned , and conditioned in Documents , accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Be At all times during the progress of the Work, Contract Documents . CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced 6 .04 Progress Schedule without written notice to OWNER and ENGINEER except under extraordinary circumstances . The A. CONTRACTOR shall adhere to the progress superintendent will be CONTRACTOR's schedule established in accordance with paragraph representative at the Site and shall have authority to 2 .07 as it may be adjusted from time to time as act on behalf of CONTRACTOR. All communications provided below. given to or received from the superintendent shall be binding on CONTRACTOR. 1 . CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- 6 .02 Labor; Working Hours sated in paragraph 2 . 07) proposed adjustments in the progress schedule that will not result in A. CONTRACTOR shall provide competent, changing the Contract Times (or Milestones). suitably qualified personnel to survey, lay out, and Such adjustments will conform generally to the construct the Work as required by the Contract Docu- progress schedule then in effect and additional- ments . . . CONTRACTOR shall at all times maintain ly will comply with any provisions of the General good discipline and order at the Site. Requirements applicable thereto. Be Except as otherwise required for the safety or 2 . Proposed adjustments in the protection of persons or the Work or property at the progress schedule that will change the Contract Site or adjacent thereto, and except as otherwise Times (or Milestones) shall be submitted in stated in the Contract Documents, all Work at the Site accordance with the requirements of Article 12 . shall be performed during regular working hours , and Such adjustments may only be made by a CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- performance of Work on Saturday, Sunday, or any dance with Article 12 . legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior 6 .05 Substitutes and "Or-Equals" written notice to ENGINEER. A. Whenever an item of material or equipment is specified or described in the Contract Documents by 6 .03 Services, Materials, and Equipment using the name of a proprietary item or the name of a particular Supplier, the specification or description is A. Unless otherwise specified in the General Re- intended to establish the type, function , appearance, quirements, CONTRACTOR shall provide and and quality required . Unless the specification or assume full responsibility for all services, materials , description contains or is followed by words reading equipment, labor, transportation, construction that no like, equivalent, or "or-equal" item or no equipment and machinery, tools, appliances , fuel , substitution is permitted , other items of material or power, light, heat, telephone, water, sanitary facilities , equipment or material or equipment of other Suppliers temporary facilities, and all other facilities and may be submitted to ENGINEER for review under the incidentals necessary for the performance, testing, circumstances described below. start-up , and completion of the Work. 1 . "Or-Equal" Items: If in ENGINEER's Be All materials and equipment incorporated into sole discretion an item of material or equipment the Work shall be as specified or, if not specified , shall proposed by CONTRACTOR is functionally be of good quality and new, except as otherwise equal to that named and sufficiently similar so provided in the Contract Documents . All warranties that no change in related Work will be required, and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an tions shall expressly run to the benefit of OWNER. If "or-equal" item , in which case review and required by ENGINEER, CONTRACTOR shall furnish approval of the proposed item may, . in 00700 - General Conditions REV 04.07.doc 00700 - 19 F1Public Works\ENGINEERING DIVISION PROJECTS\1131 •IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927V\dmim\Contract Documents\00700 - General Conditions REV 04- 07.doc f ENGINEER's sole discretion , be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design , be similar in substance to that tute items . For the purposes of this paragraph specified , and be suited to the same use as 6 .05 .A. 1 , a proposed item of material or that specified . The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro- to an item so named if: posed substitute item will prejudice CONTRACTOR's achievement of Substan- a. in the exercise of reasonable tial Completion on time, whether or not use judgment ENGINEER determines that: (i ) it of the proposed substitute item in the Work is at least equal in quality, durability, will require a change in any of the Contract appearance, strength , and design Documents (or in the provisions of any other characteristics; (ii) it will reliably perform at direct contract with OWNER for work on the least equally well the function imposed by Project) to adapt the design to the proposed the design concept of the completed Project substitute item and whether or not as a functioning whole, and ; incorporation or use of the proposed substi- tute item in connection with the Work is sub- b. CONTRACTOR certifies that: (i) ject to payment of any license fee or royalty, there is no increase in cost to the OWNER; All variations of the proposed substitute and (ii) it will conform substantially, even item from that specified will be identified in with deviations, to the detailed requirements the application , and available engineering , of the item named in the Contract sales, maintenance, repair, and Documents. replacement services will be indicated . The application will also contain an itemized esti- 2 . Substitute Items mate of all costs or credits that will result directly or indirectly from use of such a . If in ENGINEER's sole discretion an substitute item , including costs of redesign item of material or equipment proposed by and claims of other contractors affected by CONTRACTOR does not qualify as an any resulting change, all of which will be "or-equal" item under paragraph 6 .05.A. 11 it considered by ENGINEER in evaluating the will be considered a proposed substitute proposed substitute item . ENGINEER may item . require CONTRACTOR to furnish additional data about the proposed substitute item . b . CONTRACTOR shall submit suffi- cient information as provided below to allow B . Substitute Construction Methods or Proce- ENGINEER to determine that the item of dures: If a specific means , method , technique, se- material or equipment proposed is quence, or procedure of construction is shown or essentially equivalent to that named and an indicated in and expressly required by the Contract acceptable substitute therefor. Requests for Documents, CONTRACTOR may furnish or utilize a review of proposed substitute items of substitute means, method , technique, sequence, or material or equipment will not be accepted procedure of construction approved by ENGINEER. by ENGINEER from anyone other than CONTRACTOR shall submit sufficient information to CONTRACTOR. allow ENGINEER, in ENGINEER's sole discretion , to determine that the substitute proposed is equivalent to c. The procedure for review by ENGI= that expressly called for by the Contract Documents . NEER will be as set forth in paragraph The procedure for review by ENGINEER will be similar 6 .05 .A.2 .d , as supplemented in the General to that provided in subparagraph 6 .05 .A.2. Requirements and as ENGINEER may decide is appropriate under the C . Engineer's Evaluation: ENGINEER will be circumstances . allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- d . CONTRACTOR shall first make graphs 6 .05.A and 6.05. 8 . ENGINEER will be the written application to ENGINEER for review sole judge of acceptability. No "or-equal" or substitute of a proposed substitute item of material or will be ordered , installed or utilized until ENGINEER's equipment that CONTRACTOR seeks to review is complete, which will be evidenced by either a furnish or use . The application shall certify Change Order for a substitute or an approved Shop that the proposed substitute item will Drawing for an "or equal " ENGINEER will advise 00700 - General Conditions REV 04-07.doc 00700 - 20 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St•SEE PROJ 0927Wdmim\Contract Doaments\00700 - General Conditions REV 04- 07.doc CONTRACTOR in writing of any negative difference in the cost occasioned by such determination . replacement, and an appropriate Change Order will be issued or Written Amendment signed . No acceptance D . Special Guarantee: OWNER may require by OWNER of any such Subcontractor, Supplier, or CONTRACTOR to furnish at CONTRACTOR's ex= other individual or entity, whether initially or as a pense a special performance guarantee or other replacement, shall constitute a waiver of any right of surety with respect to any substitute . OWNER or ENGINEER to reject defective Work. E. ENGINEER's Cost Reimbursement: C . CONTRACTOR shall be fully responsible to ENGINEER will record time required by ENGINEER OWNER and ENGINEER for all acts and omissions of and ENGINEER's Consultants in evaluating substitute the Subcontractors, Suppliers, and other individuals or proposed or submitted by CONTRACTOR pursuant to entities performing or furnishing any of the Work just paragraphs 6.05.A.2 and 6.05. B and in making as CONTRACTOR is responsible for changes in the Contract Documents (or in the CONTRACTOR's own acts and omissions . Nothing in provisions of any other direct contract with OWNER the Contract Documents shall create for the benefit of for work on the Project) occasioned thereby. Whether any such Subcontractor, Supplier, or other individual or not ENGINEER approves a substitute item so pro- or entity any contractual relationship between OWNER posed or submitted by CONTRACTOR, CON- or ENGINEER and any such Subcontractor, Supplier TRACTOR shall reimburse OWNER for the charges or other individual or entity, nor shall it create any of ENGINEER and ENGINEER's Consultants for obligation on the part of OWNER or ENGINEER to evaluating each such proposed substitute . pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or F. CONTRACTOR's Expense: CONTRACTOR entity except as may otherwise be required by Laws shall provide all data in support of any proposed and Regulations . substitute or "or-equal" at CONTRACTOR's expense. D . CONTRACTOR shall be solely responsible 6 .06 Concerning Subcontractors, Suppliers, for scheduling and coordinating the Work of Subcon. and Others tractors, Suppliers , and other individuals or entities performing or furnishing any of the Work under a A. CONTRACTOR shall not employ any direct or indirect contract with CONTRACTOR. Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in E. CONTRACTOR shall require all Subcontrac- paragraph 6 .06 . 8 ), whether initially or as a tors, Suppliers , and such other individuals or entities replacement, against whom OWNER may have performing or furnishing any of the Work to commu- reasonable objection . CONTRACTOR shall not be nicate with ENGINEER through CONTRACTOR. required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of F . The divisions and sections of the Specifica- the Work against whom CONTRACTOR has reason- tions and the identifications of any Drawings shall not able objection . control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to B. If the Supplementary Conditions require the be performed by any specific trade. identity of certain Subcontractors , Suppliers , or other individuals or entities to be submitted to OWNER in G . All Work performed for CONTRACTOR by a advance for acceptance by OWNER by a specified Subcontractor or Supplier will be pursuant to an date prior to the Effective Date of the Agreement, and appropriate agreement between CONTRACTOR and if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier which specifically binds accordance with the Supplementary Conditions , the Subcontractor or Supplier to the applicable terms OWNER's acceptance (either in writing or by failing to and conditions of the Contract Documents for the make written objection thereto by the date indicated benefit of OWNER and ENGINEER. Whenever any for acceptance or objection in the Bidding Documents such agreement is with a Subcontractor or Supplier or the Contract Documents) of any such Subcon- who is listed as an additional insured on the property tractor, Supplier, or other individual or entity so insurance provided in paragraph 5 .06, the agreement identified may be revoked on the basis of reasonable between the CONTRACTOR and the Subcontractor objection after due investigation . CONTRACTOR or Supplier will contain provisions whereby the shall submit an acceptable replacement for the Subcontractor or Supplier waives all rights against rejected Subcontractor, Supplier, or other individual or OWNER, CONTRACTOR, ENGINEER, ENGINEER's entity, and the Contract Price will be adjusted by the Consultants, and all other individuals or entities 00700 - General Conditions REV 04.07.doc 00700 - 21 F:\Public Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd Sl-SEE PROJ 0927V\dmlm\Contract Documents\00700 • General Conditions REV 04- 07.doc identified in the Supplementary Conditions to be listed for capital costs related thereto, such as plant as insureds or additional insureds (and the officers , investment fees . directors, partners, employees , agents, and other consultants and subcontractors of each and any of 6 .09 Laws and Regulations them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or A. CONTRACTOR shall give all notices and causes of loss covered by such policies and any other comply with all Laws and Regulations applicable to the property insurance applicable to the Work. If the performance of the Work. Except where otherwise insurers on any such ' policies require separate waiver expressly required by applicable . Laws and forms to be signed by any Subcontractor or Supplier, Regulations , neither OWNER nor ENGINEER shall be CONTRACTOR will obtain the same. responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations . 6 .07 Patent Fees and Royalties Be If CONTRACTOR performs any Work know- A. CONTRACTOR shall pay all license fees and Ing or having reason to know that it is contrary to Laws royalties and assume all costs incident to the use in or Regulations, CONTRACTOR shall bear all claims, the performance of the Work or the incorporation in costs, losses, and damages (including but not limited the Work of any invention , design , process, product, to all fees and charges of engineers , architects, or device which is the subject of patent rights or attorneys, and other professionals and all court or copyrights held by others. If a particular invention , arbitration or other dispute resolution costs) arising out design, process , product, or device is specified in the of or relating to such Work; however, it shall not be Contract Documents for use in the performance of the CONTRACTOR's primary responsibility to make Work and if to the actual knowledge of OWNER or certain that the Specifications and Drawings are in ENGINEER its use is subject to patent rights or accordance with Laws and Regulations, but this shall copyrights calling for the payment of any license fee or not relieve CONTRACTOR of CONTRACTOR's royalty to others , the existence of such rights shall be obligations under paragraph 3 .03. disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C . Changes in Laws or Regulations not known at CONTRACTOR shall indemnify and hold harmless the time of opening of Bids (or, on the Effective Date OWNER, ENGINEER, ENGINEER's Consultants, and of the Agreement if there were no Bids) having an the officers , directors , partners , employees or agents, effect on the cost or time of performance of the Work and other consultants of each and any of them from may be the subject of an adjustment in Contract Price and against all claims , costs, losses , and damages or Contract Times , If OWNER and CONTRACTOR (including but not limited to all fees and charges of are unable to agree on entitlement to or on the engineers , architects, attorneys, and other amount or extent, if any, of any such adjustment, a professionals and all court or arbitration or other Claim may be made therefor as provided in paragraph dispute resolution costs) arising out of or relating to 10 .05e any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting 6 . 10 Taxes from the incorporation in the Work of any invention , design , process , product, or device not specified in the A. CONTRACTOR shall pay all sales , consumes Contract Documents. er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with 6 .08 Permits the Laws and Regulations of the place of the Project which are applicable during the A. Unless otherwise provided in the Supple- performance of the Work. mentary Conditions , CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER Be OWNER qualifies for state and local sales tax shall assist CONTRACTOR, when necessary, in exemption in the purchase of all material and obtaining such permits and licenses . CONTRACTOR equipment. shall pay all governmental charges , and inspection fees necessary for the prosecution of the Work which 6 . 11 Use of Site and Other Areas are applicable at the time of opening of Bids , or, if there are no Bids, on the Effective Date of the A. Limitation on Use of Site and Other Areas Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and 1 . CONTRACTOR shall confine OWNER shall pay all charges of such utility owners construction equipment, the storage of 00700 - General Conditions REV 04-07.doc 00700 - 22 F:\PublicVVorks\ENGiNEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St•SEE PROJ 0927VAdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc I materials and equipment, and the operations of in any manner that will endanger the structure, nor workers to the Site and other areas permitted shall CONTRACTOR subject any part of the Work or by Laws and Regulations, and shall not adjacent property to stresses or pressures that will unreasonably encumber the Site and other endanger it. areas with construction equipment or other materials or equipment. CONTRACTOR shall 6 . 12 Record Documents assume full responsibility for any damage to any such land or area, or to the owner or A. CONTRACTOR shall maintain in a safe place occupant thereof, or of any adjacent land or at the Site one record copy of all Drawings, Specifica- areas resulting from the performance of the tions, Addenda, Written Amendments, Change Work. Orders , Work Change Directives , Field Orders, and written interpretations and clarifications in good order 2 . Should any claim be made by any and annotated to show changes made during such owner or occupant because of the construction . These record documents together with performance of the Work, CONTRACTOR shall all approved Samples and a counterpart of all promptly settle with such other party by approved Shop Drawings will be available to ENGk negotiation or otherwise resolve the claim by NEER for reference. Upon completion of the Work, arbitration or other dispute resolution these record documents , Samples, and Shop proceeding or at law. Drawings will be delivered to ENGINEER for OWNER. 3 . To the fullest extent permitted by 6 . 13 Safety and Protection Laws and Regulations , CONTRACTOR shall indemnify and hold harmless OWNER, A. CONTRACTOR shall be solely responsible ENGINEER, ENGINEER's Consultant, and the for initiating , maintaining and supervising all safety officers , directors, partners , employees , agents , precautions and programs in connection with the and other consultants of each and any of them Work. CONTRACTOR shall take all necessary from and against all claims , costs, losses, and precautions for the safety of, and shall provide the damages (including but not limited to all fees necessary protection to prevent damage, injury or loss and charges of engineers, architects, attorneys, to: and other professionals and all court or arbitration or other dispute resolution costs) 1 . all persons on the Site or who may arising out of or relating to any claim or action , be affected by the Work; legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or 2a all the Work and materials and equip- any other party indemnified hereunder to the ment to be incorporated therein , whether in extent caused by or based upon storage on or off the Site; and CONTRACTOR's performance of the Work. 39 other property at the Site or adjacent B . Removal of Debris During Performance of the thereto, including trees, shrubs, lawns, walks , Work: During the progress of the Work CONTRAC= pavements, roadways, structures, utilities, and TOR shall keep the Site and other areas free from Underground Facilities not designated for accumulations of waste materials, rubbish , and other removal, relocation , or replacement in the debris . Removal and disposal of such waste materi- course of construction . als, rubbish , and other debris shall conform to applica- ble Laws and Regulations. B . CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of C . Cleaning: Prior to Substantial Completion of persons or property, or to the protection of persons or the Work CONTRACTOR shall clean the Site and property from damage, injury, or loss; and shall erect make it ready for utilization by OWNER. At the comm and maintain all necessary safeguards for such safety pletion of the Work CONTRACTOR shall remove from and protection . CONTRACTOR shall notify owners of the Site all tools , appliances , construction equipment adjacent property and of Underground Facilities and and machinery, and surplus materials and shall other utility owners when prosecution of the Work may restore to original condition all property not designated affect them , and shall cooperate with them in the for alteration by the Contract Documents . protection , removal , relocation , and replacement of their property. All damage, injury, or loss to any D . Loading Structures: CONTRACTOR shall not property referred to in paragraph 6. 13 .A.2 or, 6 . 13.A.3 load nor permit any part of any structure to be loaded caused , directly or indirectly, in whole or in part, by 00700 - General Conditions REV 04-07.doc 00700 - 23 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st Sl to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07 .doc CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed 6 . 17 Shop Drawings and Samples by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be A. CONTRACTOR shall submit Shop Drawings remedied by CONTRACTOR (except damage or loss to ENGINEER for review and approval in accordance attributable to the fault of Drawings or Specifications with the acceptable schedule of Shop Drawings and or to the acts or omissions of OWNER or ENGINEER Sample submittals . All submittals will be identified as or ENGINEER's Consultant, or anyone employed by ENGINEER may require and in the number of copies any of them , or anyone for whose acts any of them specified in the General Requirements . The data may be liable, and not attributable, directly or shown on the Shop Drawings will be complete with indirectly, in whole or in part, to the fault or negligence respect to quantities , dimensions , specified perform of CONTRACTOR or any Subcontractor, Supplier, or mance and design criteria, materials, and similar data other individual or entity directly or indirectly employed to show ENGINEER the services, materials, and by any of them ). CONTRACTOR's duties and equipment CONTRACTOR proposes to provide and responsibilities for safety and for protection of the to enable ENGINEER to review the information for the Work shall continue until such time as all the Work is limited purposes required by paragraph 6 . 17 . E. completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with B . CONTRACTOR shall also submit Samples to paragraph 14 .07. 6 that the Work is acceptable ENGINEER for review and approval in accordance (except as otherwise expressly provided in connection with the acceptable schedule of Shop Drawings and with Substantial Completion). Sample submittals . Each Sample will be identified clearly as to material , Supplier, pertinent data such as 6 . 14 Safety Representative catalog numbers , and the use for which intended and otherwise as ENGINEER may require to enable ENGI - A. CONTRACTOR shall designate a qualified NEER to review the submittal for the limited purposes and experienced safety representative at the Site required by paragraph 6 . 17 . E. The numbers of each whose duties and responsibilities shall be the Sample to be submitted will be as specked in the prevention of accidents and the maintaining and Specifications . supervising of safety precautions and programs . C . Where a Shop Drawing or Sample is required 6 . 15 Hazard Communication Programs by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- A. CONTRACTOR shall be responsible for NEER as required by paragraph 2 .07, any related coordinating any exchange of material safety data Work performed prior to ENGINEER's review and sheets or other hazard communication information approval of the pertinent submittal will be at the sole required to be made available to or exchanged be- expense and responsibility of CONTRACTOR. tween or among employers at the Site in accordance with Laws or Regulations . D . Submittal Procedures 6 . 16 Emergencies 1 . Before submitting each Shop Drawing or Sample, CONTRACTOR shall have A. In emergencies affecting the safety or proteo- determined and verified .9 tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to a. all field measurements , quantities , prevent threatened damage, injury, or loss. dimensions, specified performance criteria, CONTRACTOR shall give ENGINEER prompt written installation requirements, materials , catalog notice if CONTRACTOR believes that any significant numbers, and similar information with changes in the Work or variations from the Contract respect thereto; Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a b. all materials with respect to intended change in the Contract Documents is required be= use, fabrication , shipping, handling, storage, cause of the action taken by CONTRACTOR in assembly, and installation pertaining to the response to such an emergency, a Work Change performance of the Work; Directive or Change Order will be issued . c. all information relative to means , methods , techniques , sequences, and procedures of construction and safety 00700 . General Conditions REV 04-07.doc 00700 - 24 - FAIDublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41 st St to 53rd St•SEE PROJ 0927WdmirMConlract Documents\00700 - General Conditions REV 04. 07 .doc precautions and programs incident thereto, 3 . ENGINEER's review and approval of and Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any d . CONTRACTOR shall also have variation from the requirements of the Contract reviewed and coordinated each Shop Documents unless CONTRACTOR has in Drawing or Sample with other Shop writing called ENGINEER's attention to each Drawings and Samples and with the such variation at the time of each submittal as requirements of the Work and the Contract required by paragraph 6 . 17 . D .3 and ENGI- Documents . NEER has given written approval of each such variation by specific written notation thereof 2 . Each submittal shall bear a stamp or incorporated in or accompanying the Shop specific written indication that CONTRACTOR Drawing or Sample approval ; nor will any has satisfied CONTRACTOR's obligations approval by ENGINEER relieve CON- under the Contract Documents with respect to TRACTOR from responsibility for complying CONTRACTOR's review and approval of that with the requirements of paragraph 6 . 17 . D . 1 . submittal . F. Resubmittal Procedures 3 . At the time of each submittal , CON= TRACTOR shall give ENGINEER specific 1 . CONTRACTOR shall make correc- written notice of such variations, if any, that the tions required by ENGINEER and shall return Shop Drawing or Sample submitted may have the required number of corrected copies of from the requirements of the Contract Shop Drawings and submit as required new Documents , such notice to be in a written comm Samples for review and approval. COW munication separate from the submittal ; and , in TRACTOR shall direct speck attention in addition , shall cause a specific notation to be writing to revisions other than the corrections made on each Shop Drawing and Sample sub- called for by ENGINEER on previous mitted to ENGINEER for review and approval of submittals. each such variation . 6 . 18 Continuing the Work E. ENGINEER's Review A. CONTRACTOR shall carry on the Work and 1 . ENGINEER will timely review and adhere to the progress schedule during all disputes or approve Shop Drawings and Samples in disagreements with OWNER. No Work shall be accordance with the schedule of Shop delayed or postponed pending resolution of any Drawings and Sample submittals acceptable to disputes or disagreements , except as permitted by ENGINEER. ENGINEER's review and paragraph 15 .04 or as OWNER and CONTRACTOR approval will be only to determine if the items may otherwise agree in writing . covered by the submittals will , after installation or incorporation in the Work, conform to the 6 . 19 CONTRACTOR's General Warranty and information given in the Contract Documents Guarantee and be compatible with the design concept of the completed Project as a functioning whole as A. CONTRACTOR warrants and guarantees to indicated by the Contract Documents . OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract 2 . ENGINEER's review and approval Documents and will not be defective, will not extend to means , methods, techniques, CONTRACTOR's warranty and guarantee hereunder sequences , or procedures of construction excludes defects or damage caused by: (except where a particular means , method , technique, sequence, or procedure of con= 1 . abuse, modification , or improper struction is specifically and expressly called for maintenance or operation by persons other by the Contract Documents) or to safety than CONTRACTOR, Subcontractors , precautions or programs incident thereto. The Suppliers, or any other individual or entity for review and approval of a separate item as such whom CONTRACTOR is responsible; or will not indicate approval of the assembly in which the item functions . 2w normal wear and tear under normal usage. 00700 - General Conditions REV 04-07.doc 00700 - 25 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 •IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdrrim\Contract Documents\00700 - General Conditions REV 04- 07 .doc B . CONTRACTOR's obligation to perform and 2 * is caused in whole or in part by any complete the Work in accordance with the Contract negligent act or omission of CONTRACTOR, Documents shall be absolute . None of the following any Subcontractor, any Supplier, or any will constitute an acceptance of Work that is not in individual or entity directly or indirectly accordance with the Contract Documents or a release employed by any of them to perform any of the of CONTRACTOR's obligation to perform the Work in Work or anyone for whose acts any of them accordance with the Contract Documents : may be liable, regardless of whether or not caused in part by any negligence or omission of 1 . observations by ENGINEER; an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- 2 . recommendation by ENGINEER or fled party by Laws and Regulations regardless payment by OWNER of any progress or final of the negligence of any such individual or payment; entity. 3* the issuance of a certificate of Sub= B . In any and all claims against OWNER or stantial Completion by ENGINEER or any ENGINEER or any of their respective consultants , payment related thereto by OWNER; agents, officers, directors , partners, or employees by any employee (or the survivor or personal 4a use or occupancy of the Work or any representative of such employee) of CONTRACTOR, part thereof by OWNER; any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to 59 any acceptance by OWNER or any perform any of the Work, or anyone for whose acts failure to do so; any of them may be liable, the indemnification obligation under paragraph 6 .20.A shall not be limited 6 * any review and approval of a Shop in any way by any limitation on the amount or type of Drawing or Sample submittal or the issuance of damages , compensation , or benefits payable by or for a notice of acceptability by ENGINEER; CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- 7 . any inspection , test, or approval by sation acts, disability benefit acts, or other employee others ; or benefit acts . 89 any correction of defective Work by C . The indemnification obligations of CON- OWNER. TRACTOR under paragraph 6 .20 .A shall not extend to the liability of ENGINEER and ENGINEER's 6 .20 Indemnification Consultants or to the officers , directors, partners, employees, agents , and other consultants and A. To the fullest extent permitted by Laws and subcontractors of each and any of them arising out of: Regulations , CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's 1 . the preparation or approval of, or the Consultants, and the officers, directors, partners, failure to prepare or approve, maps, Drawings, employees , agents, and other consultants and opinions, reports , surveys, Change Orders, subcontractors of each and any of them from and designs , or Specifications; or against all claims , costs , losses , and damages (including but not limited to all fees and charges of 2a giving directions or instructions, or engineers, architects, , attorneys, and other failing to give them , if that is the primary cause professionals and all court or arbitration or other of the injury or damage. dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim , cost, loss, or damage: ARTICLE 7 - OTHER WORK 1 . is attributable to bodily injury, sickness, disease, or death , or to injury to or 7 .01 Related Work at Site destruction of tangible property (other than the Work itself), including the loss of use resulting A. OWNER may perform other work related to therefrom ; and the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work 00700 - General Conditions REV 04-07.doc 00700 - 26 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc performed by utility owners . If such other work is not 7 .02 Coordination noted in the Contract Documents , then : A. If OWNER intends to contract with others for 1 . written notice thereof will be given to the performance of other work on the Project at the CONTRACTOR prior to starting any such other Site, the following will be set forth in Supplementary work; and Conditions : 2 . if OWNER and CONTRACTOR are 1 . the individual or entity who will have unable to agree on entitlement to or on the authority and responsibility for coordination of amount or extent, if any, of any adjustment in the activities among the various contractors will the Contract Price or Contract Times that be identified ; should be allowed as a result of such other work, a Claim may be made therefor as 2v the specific matters to be covered by provided in paragraph 10.05 . such authority and responsibility will be itemized ; and B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and 30 the extent of such authority and each utility owner (and OWNER, if OWNER is per- responsibilities will be provided . forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable B . Unless otherwise provided in the opportunity for the introduction and storage of Supplementary Conditions, OWNER shall have sole materials and equipment and the execution of such authority and responsibility for such coordination . other work and shall properly coordinate the Work with theirs . Unless otherwise provided in the Contract Documents , CONTRACTOR shall do all cutting, ARTICLE 8 = OWNER'S RESPONSIBILITIES 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 8 .01 Communications to Contractor other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise A. Except as otherwise provided in these altering their work and will only cut or alter their work General Conditions , OWNER shall issue all communk with the written consent of ENGINEER and the others cations to CONTRACTOR through ENGINEER. whose work will be affected . The duties and responsibilities of CONTRACTOR under this 8 .02 Replacement of ENGINEER paragraph are for the benefit of such utility owners and other contractors to the extent that there are A. In case of termination of the employment of comparable provisions for the benefit of ENGINEER, OWNER shall appoint an engineer to CONTRACTOR in said direct contracts between whom CONTRACTOR makes no reasonable OWNER and such utility owners and other objection , whose status under the Contract contractors . Documents shall be that of the former ENGINEER. C . If the proper execution or results of any part of 8 .03 Furnish Data CONTRACTOR's Work depends upon work per= formed by others under this Article 7, CONTRACTOR A. OWNER shall promptly furnish the data shall inspect such other work and promptly report to required of OWNER under the Contract Documents. ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or 8 .04 Pay Promptly When Due unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to A. OWNER shall make payments to CONTRAC- so report will constitute an acceptance of such other TOR promptly when they are due as provided in work as fit and proper for integration with paragraphs 14 .02 . 0 and 14 .07 .C . CONTRACTOR's Work except for latent defects and deficiencies in such other work . 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 00700 - General Conditions REV 04-07.doc 00700 - 27 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Adrrim\Contract Documents\00700 - General Conditions REV 04 07.doc I 4 .01 and 4.05. Paragraph 4 .02 refers to OWNER's ARTICLE 9 - ENGINEER'S STATUS DURING identifying and making available to CONTRACTOR CONSTRUCTION copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or 9 .01 OWNER'S Representative subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the A. ENGINEER will be OWNER's representative Contract Documents . during the construction period . The duties and responsibilities and the limitations of authority of 8 . 06 Insurance ENGINEER as OWNER's representative during construction are set forth in the Contract Documents A. OWNER's responsibilities, if any, in respect to and will not be changed without written consent of purchasing and maintaining liability and property insur- OWNER and ENGINEER. ance are set forth in Article 5. 9 .02 Visits to Site 8 .07 Change Orders A. ENGINEER will make visits to the Site at A. OWNER is obligated to execute Change intervals appropriate to the various stages of construc- Orders as indicated in paragraph 10.03 . tion as ENGINEER deems necessary in order to observe as an experienced and qualified design 8 .08 Inspections, Tests, and Approvals professional the progress that has been made and the quality of the various aspects of CONTRACTOR'S A. OWNER's responsibility in respect to certain executed Work. Based on information obtained ::inspections, tests, and approvals is set forth in during such visits and observations, ENGINEER, for paragraph 13.03 . 8 . the benefit of OWNER, will determine, in general , if the Work is proceeding in accordance with the Con= 8009 Limitations on OWNER's Responsibilities tract Documents . ENGINEER will not be required to make exhaustive or continuous inspections on the Site A. The OWNER shall not supervise, direct, or to check the quality or quantity of the Work , have control or authority over, nor be responsible for, ENGINEER's efforts will be directed toward providing CONTRACTOR's means, methods, techniques, se- for OWNER a greater degree of confidence that the quences, or procedures of construction , or the safety completed Work will conform generally to the Contract precautions and programs incident thereto, or for any Documents . On the basis of such visits and failure of CONTRACTOR to comply with Laws and observations, ENGINEER will keep OWNER informed Regulations applicable to the performance of the of the progress of the Work and will endeavor to guard Work. OWNER will not be responsible for OWNER against defective Work. CONTRACTOR's failure to perform the Work in accordance with the Contract Documents . B . ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority 8 . 10 Undisclosed Hazardous Environmental and responsibility set forth in paragraph 9 . 10 , and Condition particularly, but without limitation , during or as a result of ENGINEER's visits or observations of A. OWNER's responsibility in respect to an CONTRACTOR's Work ENGINEER will not undisclosed Hazardous Environmental Condition is supervise, direct, control, or have authority over or be set forth in paragraph 4 .06 . responsible for CONTRACTOR's means, methods , techniques, sequences, or procedures of construction , 8 . 11 Evidence of Financial Arrangements or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply A. If and to the extent OWNER has agreed to with Laws and Regulations applicable to the furnish CONTRACTOR reasonable evidence that performance of the Work. financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents , 9 .03 Project Representative OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions . A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and 00700 - General Conditions REV 04-07.doc 00700 - 28 F:\Public Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st Sl to 53rd St•SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc authority and limitations thereon of any such Resident provided in paragraph 13 .04, whether or not the Work Project Representative and assistants will be as is fabricated , installed , or completed . provided in paragraph 9 . 10 and in the Supplementary Conditions. If OWNER designates another represen- 9 . 07 Shop Drawings, Change Orders and tative or agent to represent OWNER at the Site who is Payments not ENGINEER's Consultant, agent or employee , the responsibilities and authority and limitations thereon of A. In connection with ENGINEER's authority as such other individual or entity will be as provided in the to Shop Drawings and Samples, see paragraph 6. 17 . Supplementary Conditions . B . In connection with ENGINEER's authority as 9 . 04 Clarifications and Interpretations to Change Orders, see Articles 10, 11 , and 12 . A. ENGINEER will issue with reasonable C . In connection with ENGINEER's authority as promptness such written clarifications or interpreta- to Applications for Payment, see Article 14 . tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall 9 . 08 Determinations for Unit Price Work be consistent with the intent of and reasonably inferable from the Contract Documents . Such written A. ENGINEER will determine the actual quanti- clarifications and interpretations will be binding on ties and classifications of Unit Price Work performed OWNER and CONTRACTOR. If OWNER and CON- by CONTRACTOR. ENGINEER will review with TRACTOR are unable to agree on entitlement to or on CONTRACTOR the ENGINEER's preliminary the amount or extent, if any, of any adjustment in the determinations on such matters before rendering a Contract Price or Contract Times, or both , that should written decision thereon (by recommendation of an be allowed as a result of a written clarification or Application for Payment or otherwise). ENGINEER's interpretation , a Claim may be made therefor as written decision thereon will be final and binding provided in paragraph 10.05. (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon 9 . 05 Authorized Variations in Work OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract 9 .09 Decisions on Requirements of Contract Documents which do not involve an adjustment in the Documents and Acceptability of Work Contract Price or the Contract Times and are compati- ble with- the design concept of the completed Project A. ENGINEER will be the initial interpreter of the as a functioning whole as indicated by the Contract requirements of the Contract Documents and judge of Documents . These may be accomplished by a Field the acceptability of the Work thereunder. Claims, Order and will be binding on OWNER and also on disputes and other matters relating to the acceptability CONTRACTOR, who shall perform the Work involved of the Work, the quantities and classifications of Unit promptly. If OWNER and CONTRACTOR are unable Price Work, the interpretation of the requirements of to agree on entitlement to or on the amount or extent, the Contract Documents pertaining to the if any, of any adjustment in the Contract Price or performance of the Work, and Claims seeking Contract Times, or both , as a result of a Field Order, changes in the Contract Price or Contract Times will . a Claim may be made therefor as provided in be referred initially to ENGINEER in writing, in paragraph 10 .05 . accordance with the provisions of paragraph 10.05, with a request for a formal decision . 9 .06 Rejecting Defective Work B . When functioning as interpreter and judge A. ENGINEER will have authority to disapprove under this paragraph 9 .09 , ENGINEER will not show or reject Work which ENGINEER believes to be partiality to OWNER or CONTRACTOR and will not defective, or that ENGINEER believes will not produce be liable in connection with any interpretation or a completed Project that conforms to the Contract decision rendered in good faith in such capacity. The Documents or that will prejudice the integrity of the rendering of a decision by ENGINEER pursuant to this design concept of the completed Project as a paragraph 9 .09 with respect to any such Claim , functioning whole as indicated by the Contract dispute, or other matter (except any which have been Documents . ENGINEER will also have authority to waived by the making or acceptance of final payment require special inspection or testing of the Work as as provided in paragraph 14 .07) will be a condition precedent to any exercise by OWNER or 00700 - General Conditions REV 04.07 .doc 00700 - 29 F:\Publlc Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st Sl to 53rd St-SEE PROD 0927\Admim\Contract Documents\00700 - General Conditions REV 04- 07.doc CONTRACTOR of such rights or remedies as either ARTICLE 10 we CHANGES IN THE WORK; CLAIMS may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim , dispute, or other matter. 10 .01 Authorized Changes in the Work 9 . 10 Limitations on ENGINEER's Authority and A. Without invalidating the Agreement and Responsibilities without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or A. Neither ENGINEER's authority or response revisions in the Work by a Written Amendment, a sibility under this Article 9 or under any other provision Change Order, or a Work Change Directive. Upon of the Contract Documents nor any decision made by receipt of any such document, CONTRACTOR shall ENGINEER in good faith either to exercise or not promptly proceed with the Work involved which will be exercise such authority or responsibility or the performed under the applicable conditions of the undertaking , exercise, or performance of any authority Contract Documents (except as otherwise specifically or responsibility by ENGINEER shall create , impose, provided ), or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- Be If OWNER and CONTRACTOR are unable to tractor, any Supplier, any other individual or entity, or agree on entitlement to, or on the amount or extent, if to any surety for or employee or agent of any of them . any, of an adjustment in the Contract Price or Contract Times, or both , that should be allowed as a result of a Be ENGINEER will not supervise, direct, control, Work Change Directive, a Claim may be made or have authority over or be responsible for therefor as provided in paragraph 10 .05. CONTRACTOR's means, methods , techniques, se- quences, or procedures of construction , or the safety 10 .02 Unauthorized Changes in the Work precautions and- programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and A. CONTRACTOR shall not be entitled to an Regulations applicable to the performance of the increase in the Contract Price or an extension of the Work. ENGINEER will not be responsible for Contract Times with respect to any work performed CONTRACTOR's failure to perform the Work in that is not required by the Contract Documents as accordance with the Contract Documents . amended , modified , or supplemented as provided in paragraph 3.04, except in the case of an emergency C . ENGINEER will not be responsible for the as provided in paragraph 6 . 16 or in the case of acts or omissions of CONTRACTOR or of any uncovering Work as provided in paragraph 13 .04 . B . Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. 10 . 03 Execution of Change Orders D . ENGINEER's review of the final Application A. OWNER and CONTRACTOR shall execute for Payment and accompanying documentation and all appropriate Change Orders recommended by ENGI- maintenance and operating instructions, schedules, NEER (or Written Amendments) covering: guarantees , Bonds, certificates of inspection , tests and approvals , and other documentation required to 1 . changes in the Work which are: (i) be delivered by paragraph 14 .07.A will only be to ordered by OWNER pursuant to paragraph determine generally that their content complies with 10 .01 .A, (ii) required because of acceptance of the requirements of, and in the case of certificates of defective Work under paragraph 13 .08.A or inspections, tests, and approvals that the results OWNER's correction of defective Work under certified indicate compliance with , the Contract paragraph 13 .09, or (iii) agreed to by the Documents . parties ; E . The limitations upon authority and responsibil- 29 changes in the Contract Price or ity set forth in this paragraph 9 . 10 shall also apply to Contract Times which are agreed to by the ENGINEER's Consultants, Resident Project Repre- parties , including any undisputed sum or sentative, and assistants . amount of time for Work actually performed in accordance with a Work Change Directive; and 3a changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER 00700 - General Conditions REV 04-07.doc 00700 - 30 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131411 Blvd Resurfacing 41 st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc pursuant to paragraph 10 .05; provided that, in 1 . an appeal from ENGINEER's lieu of executing any such Change Order, an decision is taken within the time limits and in appeal may be taken from any such decision in accordance with the dispute resolution accordance with the provisions of the Contract procedures set forth in Article 16 ; or Documents and applicable Laws and Regula- tions , but during any such appeal , 2 . if no such dispute resolution CONTRACTOR shall carry on the Work and procedures have been set forth in Article 16 , a adhere to the progress schedule as provided in written notice of intention to appeal from paragraph 6 . 18 .A. ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to 10 .04 Notification to Surety ENGINEER within 30 days after the date of such decision , and a formal proceeding is A. If notice of any change affecting the general instituted by the appealing party in a forum of scope of the Work or the provisions of the Contract competent jurisdiction within 60 days after the Documents (including, but not limited to, Contract date of such decision or within 60 days after Price or Contract Times) is required by the provisions Substantial Completion , whichever is later of any Bond to be given to a surety, the giving of any (unless otherwise agreed in writing by OWNER such notice will be CONTRACTOR's responsibility. and CONTRACTOR), to exercise such rights or The amount of each applicable Bond will be adjusted remedies as the appealing party may have with to reflect the effect of any such change . respect to such Claim , dispute , or other matter in accordance with applicable Laws and 10 . 05 Claims and Disputes Regulations. A. Notice: Written notice stating the general C . If ENGINEER does not render a formal nature of each Claim , dispute, or other matter shall be decision in writing within the time stated in paragraph delivered by the claimant to ENGINEER and the other 10 .05 . 13 , a decision denying the Claim in its entirety party to the Contract promptly (but in no event later shall be deemed to have been issued 31 days after than 30 days) after the start of the event giving rise receipt of the last submittal of the claimant or the last thereto. Notice of the amount or extent of the Claim , submittal of the opposing party, if any. dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the D . No Claim for an adjustment in Contract Price Contract within 60 days after the start of such event or Contract Times (or Milestones) will be valid if not (unless ENGINEER allows additional time for claimant submitted in accordance with this paragraph 10.05. 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 ARTICLE 11 - COST OF THE WORK; CASH accordance with the provisions of paragraph 12 .01 . B . ALLOWANCES; UNIT PRICE WORK A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12 .02 . 13. Each Claim shall be accom- 11 .01 Cost of the Work panied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the A. Costs Included: The term Cost of the Work claimant believes it is entitled as a result of said . event. means the sum of all costs necessarily incurred and The opposing party shall submit - any response to paid by CONTRACTOR in the proper performance of ENGINEER and the claimant within 30 days after the Work. When the value of any Work covered by receipt of the claimant's last submittal (unless Change Order or when a Claim for an adjustment in ENGINEER allows additional time). Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to B . ENGINEER's Decision. ENGINEER will CONTRACTOR will be only those additional or render a formal decision in writing within 30 days after incremental costs required because of the change in receipt of the last submittal of the claimant or the last the Work or because of the event giving rise to the submittal of the opposing party, if any. ENGINEER's Claim . Except as otherwise may be agreed to in written decision on such Claim , dispute, or other writing by OWNER, such costs shall be in amounts no matter will be final and binding upon OWNER and higher than those prevailing in the locality of the CONTRACTOR unless : Project, shall include only the following items , and shall not include any of the costs itemized in para- graph 11 .01 . 13 . 00700 - General Conditions REV 04.07.doc 00700 - 31 P:\Public Works\ENGINEERING DIVISION PROJECTS\1131 •IR Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927\Admim\Contract Documents\00700 • General Conditions REV 04- 07.doc attorneys , and accountants) employed for 1 . Payroll costs for employees in the services specifically related to the Work. direct employ of CONTRACTOR in the perfor- mance of the Work under schedules of job 5. Supplemental costs including the classifications agreed upon by OWNER and following . CONTRACTOR. Such employees shall include without limitation superintendents, foremen , a. The proportion of necessary trans- and other personnel employed full time at the portation , travel , and subsistence expenses of Site . Payroll costs for employees not employed CONTRACTOR's employees incurred in dis- full time on the Work shall be apportioned on charge of duties connected with the Work. the basis of their time spent - on the Work. Payroll costs shall include, but not be limited to, b. Cost, including transportation and salaries and wages plus the cost of fringe maintenance, of all materials , supplies, equip- benefits, which shall include social security ment, machinery, appliances, office , and contributions , unemployment, excise , and temporary facilities at the Site, and hand tools payroll taxes, workers' compensation , health not owned by the workers, which are consumed and retirement benefits, bonuses , sick leave, in the performance of the Work, and cost, less vacation and holiday pay applicable thereto . market value, of such items used but not con- The expenses of performing Work outside of sumed which remain the property of CON- regular working hours , on Saturday, Sunday, or TRACTOR. legal holidays , shall be included in the above to the extent authorized by OWNER. c. Rentals of all construction equip- ment and machinery, and the parts thereof 2 . Cost of all materials and equipment whether rented from CONTRACTOR or others furnished and incorporated in the Work, includes in accordance with rental agreements approved ing costs of transportation and storage thereof, by OWNER with the advice of ENGINEER, and and Suppliers' field services required in the costs of transportation , loading , unloading , connection therewith . All cash discounts shall assembly, dismantling , and removal thereof. accrue to CONTRACTOR unless OWNER Ali such costs shall be in accordance with the deposits funds with CONTRACTOR with which terms of said rental agreements . The rental of to make payments, in which case the cash any such equipment, machinery, or parts shall discounts shall accrue to OWNER. All trade cease when the use thereof is no longer discounts, rebates and refunds and returns necessary for the Work. from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR d . Sales , consumer, use, and other shall make provisions so that they may be similar taxes related to the Work, and for which obtained . CONTRACTOR is liable, imposed by Laws and Regulations. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by e . Deposits lost for causes other than Subcontractors. If required by OWNER, CON- negligence of CONTRACTOR, any Sub- TRACTOR shall obtain competitive bids from contractor, or anyone directly or indirectly subcontractors , acceptable to OWNER and employed by any of them or for whose acts any CONTRACTOR and shall deliver such bids to of them may be liable, and royalty payments OWNER, who will then determine, with the and fees for permits and licenses. advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the f. Losses and damages (and related Subcontractor is to be paid on the basis of Cost expenses) caused by damage to the Work, not of the Work plus a fee, the Subcontractor's compensated by insurance or otherwise, sus- Cost of the Work and fee shall be determined tained by CONTRACTOR in connection with in the same manner as CONTRACTOR's Cost the performance of the Work (except losses of the Work and fee as provided in this para- and damages within the deductible amounts of graph 11 .01 . property insurance established in accordance with paragraph 5 .06 . D), provided such losses 4 . Costs of special consultants and damages have resulted from causes other (including but not limited to engineers , than the negligence of CONTRACTOR, any architects, testing laboratories , surveyors , Subcontractor, or anyone directly or indirectly 00700 - Genera! Conditions REV 04-07.doc 00700 - 32 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdrrim\Contract Documents\00700 - General Conditions REV 04- 07.doc employed by any of them or for whose acts any Work and charges against CONTRACTOR for of them may be liable. Such losses shall delinquent payments . include settlements made with the written consent and approval of OWNER. No such 4. Costs due to the negligence of CON- losses, damages , and expenses shall be TRACTOR, any Subcontractor, or anyone included in the Cost of the Work for the directly or indirectly employed by any of them or purpose of determining CONTRACTOR's fee. for whose acts any of them may be liable, including but not limited to, the correction of g. The cost of utilities , fuel , and sanitary defective Work, disposal of materials or facilities at the Site . equipment wrongly supplied , and making good any damage to property. h . Minor expenses such as telegrams, long distance telephone calls, telephone service 5. Other overhead or general expense at the Site, expressage, and similar petty cash costs of any kind and the costs of any item not items in connection with the Work. specifically and expressly included in paragraphs 11 .01 .A and 11 .01 . 13 . i . When the Cost of the Work is used to determine the value of a Change Order or of a C . CONTRACTOR's Fee: When all the Work is Claim , the cost of premiums for additional performed on the basis of cost-plus, CONTRACTOR's Bonds and insurance required because of the fee shall be determined as set forth in the Agreement. changes in the Work or caused by the event When the value of any Work covered by a Change giving rise to the Claim . Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, j . When all the Work is performed on the CONTRACTOR's fee shall be determined as set forth basis of cost-plus, the costs of premiums for all in paragraph 12 .01 .C . Bonds and insurance CONTRACTOR is required by the Contract Documents to D . Documentation: Whenever the Cost of the purchase and maintain . Work for any purpose is to be determined pursuant to paragraphs 11 .01 .A and 11 .01 . 8 , CONTRACTOR will B . Costs Excluded: The term Cost of the Work establish and maintain records thereof in accordance shall not include any of the following items : with generally accepted accounting practices and submit in a form acceptable to ENGINEER an 1 . Payroll costs and other compensation itemized cost breakdown together with supporting of CONTRACTOR's officers , executives, princi- data . pals (of partnerships and sole proprietorships), general managers , engineers , architects, 11 .02 Cash Allowances estimators , attorneys , auditors, accountants , purchasing and contracting agents, expediters, A. It is understood that CONTRACTOR has in- timekeepers , clerks, and other personnel cluded in the Contract Price all allowances so named employed by CONTRACTOR, whether at the in the Contract Documents and shall cause the Work Site or in CONTRACTOR's principal or branch so covered to be performed for such sums as may be office for general administration of the Work acceptable to OWNER and ENGINEER. and not specifically included in the agreed upon CONTRACTOR agrees that: schedule of job classifications referred to in paragraph 11 .01 .A. 1 or specifically covered by 1 . the allowances include the cost to paragraph 11 .01 .A.4, all of which are to be CONTRACTOR (less any applicable trade considered administrative costs covered by the discounts) of materials and equipment required CONTRACTOR's fee. by the allowances to be delivered at the Site , and all applicable taxes; and 2 . Expenses of CONTRACTOR's princi- pal and branch offices other than 2 . CONTRACTOR's costs for unloading CONTRACTOR's office at the Site . and handling on the Site, labor, installation costs , overhead , profit, and other expenses 3 . Any part of CONTRACTOR's capital contemplated for the allowances have been expenses , including interest on included in the Contract Price and not in the CONTRACTOR's capital employed for the allowances , and no demand for additional 00700 - General Conditions REV 04-07.doc 00700 - 33 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc payment on account of any of the foregoing will ARTICLE 12 - CHANGE OF CONTRACT PRICE; be valid . CHANGE OF CONTRACT TIMES B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER 12 .01 Change of Contract Price to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- A. The Contract Price may only be changed by a tract Price shall be correspondingly adjusted . Change Order or by a Written Amendment, Any Claim for an adjustment in the Contract Price shall be 11 .03 Unit Price Work based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the A. Where the Contract Documents provide that Contract in accordance with the provisions of para- all or part of the Work is to be Unit Price Work, initially graph 10 .05. the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the B . The value of any Work covered by a Change unit price for each separately identified item of Unit Order or of any Claim for an adjustment in the Price Work times the estimated quantity of each item Contract Price will be determined as follows: as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- 1 . where the Work involved is covered teed and are solely for the purpose of comparison of by unit prices contained in the Contract Bids and determining an initial Contract Price. Deter= Documents, by application of such unit prices to minations of the actual quantities and classifications of the quantities of the items involved (subject to Unit Price Work performed by CONTRACTOR will be the provisions of paragraph 11 .03 ); or made by ENGINEER subject to the provisions of paragraph 9.08 . 28 where the Work involved is not cov- ered by unit prices contained in the Contract B . Each unit price will be deemed to include an Documents , by a mutually agreed lump sum amount considered by CONTRACTOR to be ade- (which may include an allowance for overhead quate to cover CONTRACTOR Is overhead and profit and profit not necessarily in accordance .with for each separately identified item . paragraph 12 .01 .C.2), or C . OWNER or CONTRACTOR may make a 3a where the Work involved is not cov- Claim for an adjustment in the Contract Price in accor- ered by unit prices contained in the Contract dance with paragraph 10 .05 if: Documents and agreement to a lump sum is not reached under paragraph 12 .01 .B .2, on the 1 . the quantity of any item of Unit Price basis of the Cost of the Work (determined as Work performed by CONTRACTOR differs provided in paragraph 11 .01 ) plus a materially and significantly from the estimated CONTRACTOR's fee for overhead and profit quantity of such item indicated in the (determined as provided in paragraph 12 .01 .C). Agreement; and C . CONTRACTOR's Fee: The 2a there is no corresponding adjustment CONTRACTOR's fee for overhead and profit shall be with respect any other item of Work; and determined as follows : 3 . if CONTRACTOR believes that 1 . a mutually acceptable fixed fee, or CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred 26 if a fixed fee is not agreed upon , then additional expense or OWNER believes that a fee based on the following percentages of the OWNER is entitled to a decrease in Contract various portions of the Cost of the Work: Price and the parties are unable to agree as to the amount of any such increase or decrease . a. for costs incurred under para- graphs 11 .01 .A. 1 and 11 .01 .A.29 the CONTRACTOR's fee shall be 15 percent; bo for costs incurred under paragraph 11 .01 .A.3 , the CONTRACTOR's fee shall be five percent; 00700 - General Conditions REV 04-07.doc 00700 - 34 FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04 07.doc time lost due to such delay if a Claim is made therefor c. where one or more tiers of subcon- as provided in paragraph 12 .02 .A. Delays beyond the tracts are on the basis of Cost of the Work control of CONTRACTOR shall include , but not be plus a fee and no fixed fee is agreed upon , limited to, acts or neglect by OWNER, acts or neglect the intent of paragraph 12 .01 . C .2 .a is that of utility owners or other contractors performing other the Subcontractor who actually performs work as contemplated by Article 7 , fires, floods, the Work, at whatever tier, will be paid a fee epidemics , abnormal weather conditions , or acts of of 15 percent of the costs incurred by such God . Subcontractor under paragraphs 11 .01 .A. 1 and 11 .01 .A.2 and that any higher tier 12 .04 Delays Within CONTRACTOR's Control Subcontractor and CONTRACTOR will each be paid a fee of five percent of the A. The Contract Times (or Milestones) will not be amount paid to the next lower tier Subcon- extended due to delays within the control of tractor; CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be do no fee shall be payable on the deemed to be delays within the control of CONTRAC- basis of costs itemized under paragraphs TOR. 11401 .A.4 , 11 .01 .A.5, and 11 .01 .8; 12 .05 Delays Beyond OWNER'S and e. the amount of credit to be allowed CONTRACTOR's Control by CONTRACTOR to OWNER for any change which results in a net decrease in A. Where CONTRACTOR is prevented from cost will be the amount of the actual net completing any part of the Work within the Contract decrease in cost plus a deduction in Times (or Milestones) due to delay beyond the control CONTRACTOR's fee by an amount equal of both OWNER and CONTRACTOR, an extension of to five percent of such net decrease, and the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be fo when both additions and credits are CONTRACTOR's sole and exclusive remedy for such involved in any one change, the adjustment delay. in CONTRACTOR's fee shall be computed on the basis of the net change in 12 .06 Delay Damages accordance with paragraphs 12 ,01 .C .2 .a through 12 .01 .C .2 .e, inclusive . A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any 12 .02 Change of Contract Times Supplier, or any other person or organization , or to any surety for or employee or agent of any of them , for A. The Contract Times (or Milestones) may only damages arising out of or resulting from : be changed by a Change Order or by a Written Amendment, Any Claim for an adjustment in the 10 delays caused by or within the control Contract Times (or Milestones) shall be based on of CONTRACTOR; or written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract 20 delays beyond the control of both in accordance with the provisions of paragraph 10 .05 . OWNER and CONTRACTOR including but not limited to fires, floods , epidemics, abnormal B . Any adjustment of the Contract Times (or weather conditions, acts of God , or acts or Milestones) covered by a Change Order or of any neglect by utility owners or other contractors Claim for an adjustment in the Contract Times (or performing other work as contemplated by Milestones) will be determined in accordance with the Article 7 . provisions of this Article 12 . B . Nothing in this paragraph 12 .06 bars a 12 .03 Delays Beyond CONTRACTOR's Control change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, A. Where CONTRACTOR is prevented from interference, or disruption directly attributable to completing any part of the Work within the Contract actions or inactions of OWNER or anyone for whom Times (or Milestones) due to delay beyond the control OWNER is responsible . of CONTRACTOR, the Contract Times (or Milestones ) will be extended in an amount equal to the 00700 - General Conditions REV 04-07.doc 00700 - 35 F:\Public Works\ENGINEERING DNISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\00700 - General Conditions REV 04- 07.doc ARTICLE 13 we TESTS AND INSPECTIONS ; arranging and obtaining such inspections, tests , or CORRECTION , REMOVAL OR ACCEPTANCE OF approvals, pay all costs in connection therewith , and DEFECTIVE WORK furnish ENGINEER the required certificates of inspec- tion or approval . 13 .01 Notice of Defects D . CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in A. Prompt notice of all defective Work of which connection with any inspections, tests , or approvals OWNER or ENGINEER has actual knowledge will be required for OWNER's and ENGINEER's acceptance given to CONTRACTOR. All defective Work may be of materials or equipment to be incorporated in the rejected , corrected , or accepted as provided in this Work; or acceptance of materials, mix designs, or Article 13. equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation 13 .02 Access to Work in the Work. Such inspections, tests , or approvals shall be performed by organizations acceptable to A. OWNER, ENGINEER, ENGINEER's Con- OWNER and ENGINEER. sultants , other representatives and personnel of OWNER, independent testing laboratories, and E . If any Work (or the work of others) that is to governmental agencies with jurisdictional interests will be inspected , tested , or approved is covered by CON- have access to the Site and the Work at reasonable TRACTOR without written concurrence of ENGI- times for their observation , inspecting , and testing . NEER, it must, if requested by ENGINEER, be uncov- CONTRACTOR shall provide them proper and safe eyed for observation . conditions for such access and advise them of CONTRACTOR's Site safety procedures and F . Uncovering Work as provided in paragraph programs so that they may comply therewith as 13 .03 . E shall be at CONTRACTOR's expense unless applicable. CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and 13 .03 Tests and Inspections ENGINEER has not acted with reasonable prompt- ness in response to such notice . A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required 13 .04 Uncovering Work inspections , tests, or approvals and shall cooperate with inspection and testing personnel to facilitate A. If any Work is covered contrary to the written required inspections or tests . request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation Be and replaced at CONTRACTOR's expense. Be If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, r7ovefed by paFa@Faphr.% and 13 .03 - D or otherwise make available for observation , inspec- belev; 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 paFagFaph be paid as picevided in Claims, costs , losses , and damages (including but not said paFaqFaph 13 ,94 . 13 ; and. 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 C . If Laws or Regulations of any public body replacement or reconstruction (including but not having jurisdiction require any Work (or part thereof) limited to all costs of repair or replacement of work of specifically to be inspected , tested , or approved by an others ); and OWNER shall be entitled to an employee or other representative of such public body, appropriate decrease in the Contract Price . If the CONTRACTOR shall assume full responsibility for parties are unable to agree as to the amount thereof, 00700 - General Conditions REV 0447.doc 00700 - 36 FAPublie Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc OWNER may make a Claim therefor as provided in instructions: ( i) repair such defective land or areas, or paragraph 10. 05 . If, however, such Work is not found (ii) correct such defective Work or, if the defective to be defective, CONTRACTOR shall be allowed an Work has been rejected by OWNER , remove it from increase in the Contract Price or an extension of the the Project and replace it with Work that is not Contract Times (or Milestones), or both , . directly defective , and (iii) satisfactorily correct or repair or attributable to such uncovering , exposure, remove and replace any damage to other Work, to the observation , inspection , testing , replacement, and work of others or other land or areas resulting there- reconstruction . If the parties are unable to agree as to from . If CONTRACTOR does not promptly comply the amount or extent thereof, CONTRACTOR. may with the terms of such instructions, or in an make a Claim therefor as provided in paragraph emergency where delay would cause serious risk of 10. 050 loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected 13 . 05 OWNER May Stop the Work Work removed and replaced , and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, fails to SUpply SUffiGieAt skilled wGFkeFs OF suitable and other professionals and all court or arbitration or mateFia'G OF equipment, eF fails to PSFfGFFn the WQFk in 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. hGweverm, this 0ght of OWNER to stop the VV49Fk shall not give Ose to any duty aq the paFt of INER to B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an any of theme earlier date if so provided in the Specifications or by Written Amendment. 13. 06 Correction or Removal of Defective Work C . Where defective Work (and damage to other A. CONTRACTOR shall correct all defective Work resulting therefrom) has been corrected or Work, whether or not fabricated , installed , or removed and replaced under this paragraph 13. 07 , completed , or, if the Work has been rejected by ENGI- the correction period hereunder with respect to such NEER, remove it from the Project and replace it with Work will be extended for an additional period of one Work that is not defective. CONTRACTOR shall pay year after such correction or removal and replacement all Claims, costs, losses, and damages (including but has been satisfactorily completed . not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all D . CONTRACTOR's obligations under this court or arbitration or other dispute resolution costs) paragraph 13 . 07 are in addition to any other obligation arising out of or relating to such correction or removal or warranty. The provisions of this paragraph 13 . 07 (including but not limited to all costs of repair or shall not be construed as a substitute for or a waiver replacement of work of others) . of the provisions of any applicable statute of limitation or repose. 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work A. If within one year after the date of Final Acceptance or such longer period of time as may be A. If, instead of requiring correction or removal prescribed by Laws or Regulations or by the terms of and replacement of defective Work, OWNER (and , any applicable special guarantee required by the prior to ENGINEER's recommendation of final pay- Contract Documents or by any specific provision of the ment, ENGINEER) prefers to accept it, OWNER may Contract Documents, any Work is found to be do so. CONTRACTOR shall pay all Claims, costs, defective, or if the repair of any damages to the land losses, and damages (including but not limited to all or areas made available for CONTRACTOR's use by fees and charges of engineers, architects, attorneys, OWNER or permitted by Laws and Regulations as and other professionals and all court or arbitration or contemplated in paragraph 6 . 11 .A is found to be other dispute resolution costs) attributable to defective, CONTRACTOR shall promptly, without cost OWNER's evaluation of and determination to accept to OWNER and in accordance with OWNER's written such defective Work (such costs to be approved by 00700 - General Conditions REV 04-07.doc 00700 - 37 PIPublic WorksIENGINEERING DIVISION PROJECTSt11314R Blvd Resurfacing 41 st St to 53rd StSEE PROJ 0927Wdmim%Contract Documents\00700 = General Conditions REV 04 07.doc ENGINEER as to reasonableness) and the diminished Documents with respect to the Work; and OWNER value of the Work to the extent not otherwise paid by shall be entitled to an appropriate decrease in the CONTRACTOR pursuant to this sentence. If any Contract Price. If the parties are unable to agree as to such acceptance occurs prior to ENGINEER's recom- the amount of the adjustment, OWNER may make a mendation of final payment, a Change Order will be Claim therefor as provided in paragraph 10.05. Such issued incorporating the necessary revisions in the claims , costs, losses and damages will include but not Contract Documents with respect to the Work, and be limited to all costs of repair, or replacement of work OWNER shall be entitled to an appropriate decrease of others destroyed or damaged by correction , in the Contract Price, reflecting the diminished value of removal , or replacement of CONTRACTOR's Work so accepted . If the parties are unable to agree defective Work. as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05 . If the D . CONTRACTOR shall not be allowed an acceptance occurs after such recommendation , an extension of the Contract Times (or Milestones) appropriate amount will be paid by CONTRACTOR to because of any delay in the performance of the Work OWNER. attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13 .09 . 13 .09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable ARTICLE 14 - PAYMENTS TO CONTRACTOR AND time after written notice from ENGINEER to correct COMPLETION defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06 .A, or if CONTRACTOR fails to 14 .01 Schedule of Values perform the Work in accordance with the Contract Documents , or if CONTRACTOR fails to comply with A. The schedule of values established as provid- any other provision of the Contract Documents, ed in paragraph 2 .07 .A will serve as the basis for OWNER may, after seven days written notice to progress payments and will be incorporated into a CONTRACTOR, correct and remedy any such form of Application for Payment acceptable to ENGI- deficiency. NEER. Progress payments on account of Unit Price Work will be based on the number of units completed . B . In exercising the rights and remedies under this paragraph , OWNER shall proceed expeditiously. 14 .02 Progress Payments In connection with such corrective and remedial action , OWNER may exclude CONTRACTOR from all A. Applications for Payments or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related 1 . At least 20 days before the date thereto, take possession of CONTRACTOR's tools, established for each progress payment (but not appliances, construction equipment and machinery at more often than once a month ), the Site, and incorporate in the Work all materials and CONTRACTOR shall submit to ENGINEER for equipment stored at the Site or for which OWNER has review an Application for Payment filled out and paid CONTRACTOR but which are stored elsewhere. signed by CONTRACTOR covering the Work CONTRACTOR shall allow OWNER, OWNER's completed as of the date of the Application and representatives, agents and employees, OWNER's accompanied by such supporting other contractors, and ENGINEER and ENGINEER's documentation as is required by the Contract Consultants access to the Site to enable OWNER to Documents . If payment is requested on the exercise the rights and remedies under this basis of materials and equipment not paragraph . incorporated in the Work but delivered and suitably stored at the Site or at another location C . All Claims , costs, losses , and damages agreed to in writing , the Application for Payment (including but not limited to all fees and charges of shall also be accompanied by a bill of sale, engineers , architects, attorneys, and other invoice, or other documentation warranting that professionals and all court or arbitration or other OWNER has received the materials and equip- dispute resolution costs) incurred or sustained by ment free and clear of all Liens and evidence OWNER in exercising the rights and remedies under that the materials and equipment are covered this paragraph 13 .09 will be charged against CON- by appropriate property insurance or other TRACTOR, and a Change Order will be issued arrangements to protect OWNER's interest incorporating the necessary revisions in the Contract 00700 - General Conditions REV 0447.doc 00700 - 38 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 •IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admlm\Contract Documents\00700 - General Conditions REV 04- 07.doc _ 1 therein , all of which must be satisfactory to c. The conditions precedent to OWNER. CONTRACTOWs being entitled to such payment appear to have been fulfilled in so 2 . Beginning with the second far as it is ENGINEER's responsibility to Application for Payment, each Application shall observe the Work. include an affidavit of CONTRACTOR stating that all previous progress payments received 3 . By recommending any such on account of the Work have been applied on payment , ENGINEER will not thereby be account to discharge CONTRACTOR's deemed to have represented that: (i) inspec- legitimate obligations associated with prior tions made to check the quality or the quantity Applications for Payment, of the Work as it has been performed have been exhaustive, extended to every aspect of 3. The amount of retainage with respect the Work in progress , or involved detailed to progress payments will be as stipulated in inspections of the Work beyond the responsi- the Agreement. bilities specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may B . Review of Applications not be other matters or issues between the parties that might entitle CONTRACTOR to be 1 . ENGINEER will , within 10 days after paid additionally by OWNER or entitle OWNER receipt of each Application for Payment, either to withhold payment to CONTRACTOR. indicate in writing a recommendation of payment and present the Application to 4. Neither ENGINEER's review of OWNER or return the Application to CONTRACTOR's Work for the purposes of CONTRACTOR indicating in writing recommending payments nor ENGINEER's ENGINEER's reasons for refusing to recommendation of any payment, including final recommend payment. In the latter case, CON- payment, will impose responsibility on TRACTOR may make the necessary ENGINEER to supervise, direct, or control the corrections and resubmit the Application . Work or for the means , methods, techniques , sequences, or procedures of construction , or 2 . ENGINEER's recommendation of the safety precautions and programs incident any payment requested in an Application for thereto , or for CONTRACTOR's failure to Payment will constitute a representation by comply with Laws and Regulations applicable to ENGINEER to OWNER, based on CONTRACTOR's performance of the Work. ENGINEER's observations on the Site of the Additionally, said review or recommendation will executed Work as an experienced and qualified not impose responsibility on ENGINEER to design professional and on ENGINEER's make any examination to ascertain how or for review of the Application for Payment and the what purposes CONTRACTOR has used the accompanying data and schedules, that to the moneys paid on account of the Contract Price, best of ENGINEER's knowledge, information or to determine that title to any of the Work, and belief: materials, or equipment has passed to OWNER free and clear of any Liens . a. the Work has progressed to the point indicated ; 5. ENGINEER may refuse to recom - mend the whole or any part of any payment if, b. the quality of the Work is generally in in ENGINEER's opinion , it would be incorrect to accordance with the Contract Documents make the representations to OWNER referred (subject to an evaluation of the Work as a to in paragraph 14.02 . 13 .2 . ENGINEER may functioning whole prior to or upon also refuse to recommend any such payment Substantial Completion , to the results of any or, because of subsequently discovered subsequent tests called for in the Contract evidence or the results of subsequent Documents, to a final determination of inspections or tests , revise or revoke any such quantities and classifications for Unit Price payment recommendation previously made, to Work under paragraph 9 .08, and to any such extent as may be necessary in other qualifications stated in the ENGINEER's opinion to protect OWNER from recommendation ); and loss because: 00700 - General Conditions REV 04-07.doc 00700 - 39 FAIDublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927VAdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc a . the Work is defective, or completed pay CONTRACTOR the amount so withheld, or Work has been damaged , requiring any adjustment thereto agreed to by OWNER correction or replacement; and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons b . the Contract Price has been reduced for such action . by Written Amendment or Change Orders; 3 . If it is subsequently determined that c. OWNER has been required to correct OWNER's refusal of payment was not justified , defective Work or complete Work in actor- the amount wrongfully withheld shall be treated dance with paragraph 13 .09 , or as an amount due as determined by paragraph 14 .02 . C . 1 . d ENGINEER has anf„al knowledge i+F the OGG M WFSAGS of any of the events enumei; 14 .03 CONTRACTOR's Warranty of Title mom A. CONTRACTOR warrants and guarantees C . Payment Becomes Due 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 . F=NGINI==996 FennFr+ mendatieA , the AMOUR 14 .04 Substantial Completion due will be paid by QWN ' ACTOR A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall D. Reduction in Payment notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items 1 . OWNER may refuse to make specifically listed by CONTRACTOR as incomplete) payment of the full amount recommended by and request that ENGINEER issue a certificate of ENGINEER because : Substantial Completion . Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall a . claims have been made against make an inspection of the Work to determine the OWNER on account of CONTRACTOR's status of completion . If ENGINEER does not consider performance or furnishing of the Work, the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons b . Liens have been filed in connection therefore . I mom with the Work, except where substAntoWly GGFRPISte, 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 ENGIAICCG 91 within said dA day even„#e and 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 as ENIGINEER believes justified after cani;;idamtea 00700 - General Conditions REV 04;07.doc 00700 - 40 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc determine its status of completion . If ENGINEER does not consider that part of the r=hrQIbIr=M will dt;lh _ . to OWNER and GQNTRAG Work to be substantially complete, ENGINEER WW will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to 9p9Fat99l; 1 safety, and pFete4en of the W9Fk1 be substantially complete, the provisions of ties , ' paragraph 14 .04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of 1.,f. rm, F.WGIAI66I7 *R 1AW41nn PFOOF t9 ENGIAICCC'c. responsibility in respect thereof and access thereto. 2 . No occupancy or separate operation pagment. of part of the Work may occur prior to compliance with the requirements of paragraph B . OWNER shall have the right to exclude 5. 10 regarding property insurance . CONTRACTOR from the Site after the date of Substantial Completion , but OWNER shall allow CON- 14 .06 Final Inspection TRACTOR reasonable access to complete or correct items on the tentative list. A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 14.05 Partial Utilization complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will A. Use by OWNER at OWNER'S option of any notify CONTRACTOR in writing of all particulars in substantially completed part of the Work which has which this inspection reveals that the Work is specifically been identified in the Contract Documents, incomplete or defective. CONTRACTOR shall or which OWNER, ENGINEER, and CONTRACTOR immediately take such measures as are necessary to agree constitutes a separately functioning and usable complete such Work or remedy such deficiencies . part of the Work that can be used by OWNER for its intended purpose without significant interference with 14 . 07 Final Payment CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial A. Application for Payment Completion of all the Work subject to the following conditions. 1 . After CONTRACTOR has , in the opinion of ENGINEER, satisfactorily completed 1 . OWNER at any time may request all corrections identified during the final CONTRACTOR in writing to permit OWNER to inspection and has delivered , in accordance use any such part of the Work which OWNER with the Contract Documents, all maintenance believes to be ready for its intended use and and operating instructions , schedules, guaran- substantially complete. If CONTRACTOR tees, Bonds, certificates or other evidence of agrees that such part of the Work is insurance certificates of inspection , marked-up substantially complete, CONTRACTOR will record documents (as provided in paragraph certify to OWNER and ENGINEER that such 6 . 12), and other documents , CONTRACTOR part of the Work is substantially complete and may make application for final payment follow- request ENGINEER to issue a certificate of ing the procedure for progress payments . Substantial Completion for that part of the Work. CONTRACTOR at any time may notify 2 . The final Application for Payment OWNER and ENGINEER in writing that shall be accompanied (except as previously CONTRACTOR considers any such part of the delivered) by: (i) all documentation called for in Work ready for its intended use and substan- the Contract Documents , including but not tially complete and request ENGINEER to issue limited to the evidence of insurance required by a certificate of Substantial Completion for that subparagraph 5 .04 . 6 . 7; (ii) consent of the part of the Work . Within a reasonable time surety, if any, to final payment; and (iii) after either such request, OWNER, complete and legally effective releases or CONTRACTOR, and ENGINEER shall make waivers (satisfactory to OWNER) of all Lien an inspection of that part of the Work to 00700 - General Conditions REV 04-07.doc 00700 - 41 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927V\dmim\Contract Documents\00700 - General Conditions REV 04- 07.doc rights arising out of or Liens filed in connection 14 .08 Final Completion Delayed with the Work. A. If, through no fault of CONTRACTOR, final 3 . In lieu of the releases or waivers of completion of the Work is significantly delayed , and if Liens specified in paragraph 14.07 .A.2 and as ENGINEER so confirms , OWNER shall , upon receipt approved by OWNER, CONTRACTOR may of CONTRACTOR's final Application for Payment and furnish receipts or releases in full and an recommendation of ENGINEER, and without terminat- affidavit of CONTRACTOR that: (i) the releases Ing the Agreement, make payment of the balance due and receipts include all labor, services, for that portion of the Work fully completed and material , and equipment for which a Lien could accepted . If the remaining balance to be held by be filed ; and (ii) all payrolls, material and OWNER for Work not fully completed or corrected is equipment bills , and other indebtedness less than the retainage stipulated in the Agreement, connected with the Work for which OWNER or and if Bonds have been furnished as required in OWNER's property might in any way be paragraph 5.01 , the written consent of the surety to responsible have been paid or otherwise satis- the payment of the balance due for that portion of the Pied . If any Subcontractor or Supplier fails to Work fully completed and accepted shall be submitted furnish such a release or receipt in full , CON- by CONTRACTOR to ENGINEER with the Application TRACTOR may furnish a Bond or other for such payment. Such payment shall be made collateral satisfactory to OWNER to indemnify under the terms and conditions governing final OWNER against any Lien . payment, except that it shall not constitute a waiver of Claims . B . Review of Application and Acceptance 14 . 09 Waiver of Claims 1 . If, on the basis of ENGINEER's observation of the Work during construction A. The making and acceptance of final payment and final inspection , and ENGINEER's review will constitute: of the final Application for Payment and accompanying documentation as required by 1 . a waiver of all Claims by OWNER the Contract Documents, ENGINEER is against CONTRACTOR, except Claims arising satisfied that the Work has been completed from unsettled Liens, from defective Work and CONTRACTOR's other obligations under appearing after final inspection pursuant to the Contract Documents have been fulfilled , paragraph 14.06 , from failure to comply with the ENGINEER will , within ten days after receipt of Contract Documents or the terms of any special the final Application for Payment, indicate in guarantees specified therein , or from writing ENGINEER's recommendation of CONTRACTOR's continuing obligations under payment and present the Application for the Contract Documents; and Payment to OWNER for payment. At the same time ENGINEER will also give written notice to 2a a waiver of all Claims by CONTRAC- OWNER and CONTRACTOR that the Work is TOR against OWNER other than those acceptable subject to the provisions of previously made in writing which are still paragraph 14.09 . Otherwise, ENGINEER will unsettled . return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final ARTICLE 15 - SUSPENSION OF WORK AND payment, in which case CONTRACTOR shall TERMINATION make the necessary corrections and resubmit the Application for Payment. 15 . 01 OWNER May Suspend Work C . Payment Becomes Due A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period OWNER of the AppliGatien f49F PayineRt and 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 - and , when due, will be paid by OWNER to TRACTOR shall resume the Work on the date so fixed . CO. NITRWACTOR shall be allowed an aciJustmen 00700 - General Conditions REV 0447.doc 00700 - 42 FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documentst00700 - General Conditions REV 04- 07.doc 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 15 .02 OWNER May Terminate for Cause lowest price for the Work performed . A. The occurrence of any one or more of the C . Where CONTRACTOR's services have been following events will justify termination for cause: so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against 1 . CONTRACTOR's persistent failure CONTRACTOR then existing or which may thereafter to perform the Work in accordance with the accrue. Any retention or payment of moneys due Contract Documents (including, but not limited CONTRACTOR by OWNER will not release CON- to, failure to supply sufficient skilled workers or TRACTOR from liability. suitable materials or equipment or failure to adhere to the progress schedule established 15 .03 OWNER May Terminate For Convenience under paragraph 2 .07 as adjusted from time to time pursuant to paragraph 6.04 ); A. Upon seven days written notice to COW TRACTOR and ENGINEER, OWNER may, without 2 . CONTRACTOR's disregard of Laws cause and without prejudice to any other right or or Regulations of any public body having remedy of OWNER, elect to terminate the Contract. jurisdiction ; In such case, CONTRACTOR shall be paid (without duplication of any items): 3 . CONTRACTOR's disregard of the authority of ENGINEER; or 1 . for completed and acceptable Work executed in accordance with the Contract 4. CONTRACTOR's violation in any Documents prior to the effective date of substantial way of any provisions of the termination , including fair and reasonable sums Contract Documents . for overhead and profit on such Work; Be If one or more of the events identified in 29 for expenses sustained prior to the paragraph 15 .02 .A occur, OWNER may, after giving effective date of termination in performing CONTRACTOR (and the surety, if any) seven days services and furnishing labor, materials, or written notice, terminate the services of equipment as required by the Contract CONTRACTOR, exclude CONTRACTOR from the Documents in connection with uncompleted Site, and take possession of the Work and of all Work, plus fair and reasonable sums for CONTRACTOR's tools, appliances, construction overhead and profit on such expenses ; equipment, and machinery at the Site , and use the same to the full extent they could be used by 3v for all claims , costs , losses, and CONTRACTOR (without liability to CONTRACTOR for damages (including but not limited to all fees trespass or conversion ), incorporate in the Work all and charges of engineers, architects, attorneys , materials and equipment stored at the Site or for and other professionals and all court or which OWNER has paid CONTRACTOR but which arbitration or other dispute resolution costs) in- are stored elsewhere, and finish the Work as OWNER curred in settlement of terminated contracts may deem expedient. In such case , CONTRACTOR with Subcontractors, Suppliers , and others; and shall not be entitled to receive any further payment until the Work is finished . If the unpaid balance of the 48 for reasonable expenses directly Contract Price exceeds all claims , costs, losses , and attributable to termination . damages (including but not limited to all fees and charges of engineers , architects, attorneys , and other Be CONTRACTOR shall not be paid on account professionals and all court or arbitration or other of loss of anticipated profits or revenue or other eco- dispute resolution costs) sustained by OWNER arising nomic loss arising out of or resulting from such out of or relating to completing the Work, such excess termination . will be paid to CONTRACTOR. If such claims, costs , losses, and damages exceed such unpaid balance, 15.04 CONTRACTOR May Stop Work or CONTRACTOR shall pay the difference to OWNER. Terminate Such claims , costs , losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their 00700 - General Conditions REV 04.07.doc 00700 - 43 FAPubllc Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927VAdmlm\Contract Documents\00700 - General Conditions REV 04- 07 .doc A. If, through no act or fault of CONTRACTOR, postage prepaid , to the last business address known the Work is suspended for more than 90 consecutive to the giver of the notice . days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any 17 . 02 Computation of Times Application for Payment within 30 days after it is submitted , A. When any period of time is referred to in the TRASC. TGR aRY sum finally deteRnined to be due. , then Contract Documents by days , it will be computed to CONTRACTOR may, upon seven days written notice exclude the first and include the last day of such to OWNER and ENGINEER, and provided OWNER period . If the last day of any such period falls on a or ENGINEER do not remedy such suspension or Saturday or Sunday or on a day made a legal holiday failure within that time, terminate the Contract and by the law of the applicable jurisdiction , such day will recover from OWNER payment on the same terms as be omitted from the computation . provided in paragraph 15 .03 . In lieu of terminating the Contract and without prejudice to any other right or 17 .03 Cumulative Remedies remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is A. The duties and obligations imposed by these submitted , OF GVVNgR halmw failed fer 30 days to pay General Conditions and the rights and remedies avail- , able hereunder to the parties hereto are in addition to, CONTRACTOR may, seven days after written notice and are not to be construed in any way as a limitation to OWNER and ENGINEER, stop the Work until of, any rights and remedies available to any or all of payment is made of all such amounts due them which are otherwise imposed or available by CONTRACTOR, including interest thereon . The Laws or Regulations, by special warranty or provisions of this paragraph 15 .04 are not intended to guarantee, or by other provisions of the Contract preclude CONTRACTOR from making a Claim under Documents, and the provisions of this paragraph will paragraph 10 .05 for an adjustment in Contract Price be as effective as if repeated specifically in the or Contract Times or otherwise for expenses or- Contract Documents in connection with each damage directly attributable to CONTRACTOR's particular duty, obligation , right, and remedy to which stopping the Work as permitted by this paragraph . they apply. 17 .04 Survival of Obligations ARTICLE 16 - DISPUTE RESOLUTION A. All representations, indemnifications, warran- ties, and guarantees made in , required by, or given in 16 .01 Methods and Procedures accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract A. Dispute resolution methods and procedures , if Documents, will survive final payment, completion , any, shall be as set forth in the Supplementary and acceptance of the Work or termination or comple- Conditions. If no method and procedure has been set tion of the Agreement. forth, and subject to the provisions of paragraphs 9 .09 and 10 .05, OWNER and CONTRACTOR may 17 .05 Controlling Law exercise such rights or remedies as either may otherwise have under the Contract Documents or by A. This Contract is to be governed by the law of the Laws or Regulations in respect of any dispute . state in which the Project is located. ARTICLE 17 an 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 , 00700 - General Conditions REV 04-07.doc 00700 - 44 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927V\dmim\Contract Documents\00700 - General Conditions REV 04- 07.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC —1 . 01 Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Performance, Payment and Other Bonds SC — 5 . 01 Certificates of Insurance SC — 5 . 03 CONTRACTOR's Liability Insurance SC — 5 . 04 OWNER'S Liability Insurance SC — 5 . 05 Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor; Working Hours SC — 6 . 02 Permits SC — 6 . 06 Test and Inspections SC — 13 . 03 Progress Payments SC — 14 . 02 Mediation SC —16 . 02 Arbitration SC — 16 . 03 Liens SC — 17 . 06 00800-i 00800 - Supplementary Conditions 06-09 rev.doc 00800 lFAPublic Works\ENGINEERING DMSION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00800 Supplementary Conditions 0"9 rev.doc I SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC-1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No . 1910-8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below. All provisions , which are not so amended or supplemented , remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC-1 .01 Defined Terms SC- 1 . 01 .A. 20 . Delete paragraph GC 1 . 01 .A . 20 in its entirety. SC-1 .02 Terminology SC- 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GG1 . 02. D. 1, 2, and 3 in their entirety and insert the following paragraphs in their place: D . Fumish, Install, Perform, Provide 1 .5 The word "furnish" shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word "install' shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words "perform" or " provide" shall mean to furnish and install services , materials , or equipment complete and ready for intended use . SC-2 . 05 Before Starting Construction SC=2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . SC -2 . 06 Preconstruction Conference SC-2 . 06 Delete paragraph GC-2. 06. A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work , the Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2 . 05. 13 , procedures for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . 00800-1 00800 - Supplementary conditions 06=09 rev.doc 00800 1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927V\dmim\Contract Documents\00800 - SC -3 . 06 Coordination of Plans , Specifications , and Special Provisions SC-3 . 06 Add the following new paragraphs immediately after paragraph GC405. 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 , Be Written/computed dimensions shall govern over scaled dimensions . SC=4a02 Subsurface and Physical Conditions SC 4 . 02 Add the following new paragraphs immediately after paragraph GC 4. 02. 8: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER' s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : D . Reports and drawings itemized in SC4 . 02 . 0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building , Public Works, 1801 27"' Street, Vero Beach , FL 32960 during regular business hours . These reports and drawings are not part of the Contract Documents . SC-5. 01 Performance, Payment and Other Bonds SC-5 . 01 .A. Delete paragraph GG5. 01 . A in its entirety and insert the following paragraphs in its place: 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 final 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 , Florida 32960. 00800-2 00800 on Supplementary Conditions 06-09 rev.doc 00800 2F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927WdmimlContract Documents100800 - SC -5.03 Certificates of Insurance SC-5 . 03 Delete the second sentence of paragraph GC-5. 03 in its entirety. SC-5. 04 CONTRACTOR' s Liability Insurance SC-5 . 04 Add the following new paragraphs immediately after paragraph GC-5. 04. 8: Co The limits of liability for the insurance required by paragraph 5. 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker's Compensation : To meet statutory limits in compliance with the Worker's Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident, $500 , 000 disease (policy limit) and $ 100 , 000 disease (each employee) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee (s ) of the CONTRACTOR. 2 . Commercial General Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a . Premises/Operations b . Products/Completed Operations c. Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos c. Non-Owned Autos , 4 . CONTRACTOR's "All Risk" Insurance : CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER Is 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 . 00800-3 00800 - Supplementary conditions 06-09 rev.doc 00800 317:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41 at St to 53rd St-SEE PROJ 0927V1dmim\Contract Documents\00800 - all 4 1 all alt. `, dk Natal f _ f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating . D . Additional Insureds : 1 . In addition to " Indian River County, Florida ," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies . a . NONE b . c. SC=5.05 OWNER's Liability Insurance SC-5 . 05 Delete paragraph GC-5. 05.A in its entirety. SC -5.06 Property Insurance SC-5 .06 Delete paragraphs GG5. 06.A, B. and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1s include the interests of OWNER, CONTRACTOR, Subcontractors , ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 20 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 . 3o 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; 60 include testing and startup; and 008004 00800 - Supplementary Conditions 06-09 rev.doc 00800 4F:\Public Works\ENGINEERING DMSION PROJECTS\11314R Blvd Resurfacing 41st St to 83rd StSEE PROJ 0927Wdmim\Contract Docunents\00800 - f 7 . be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self-insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions , SC-5 . 06 . E Delete paragraph GG5. 06. E in its entirety and insert the following in its place. E . Additional Insureds * 1 . The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies . a . Indian River County, Florida b. NONE c. SC-5.07 Waiver of Rights SC-5. 07 Delete GC-5. 07 (paragraphs A. B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. SC-5. 09 Delete GG5. 09(paragraph A)in its entirety. SC -6 .02 Labor; Working Hours SC-6 . 02 . 6 . Add the following paragraphs immediately after paragraph GC-6. 02. B: 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County_ Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving , Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the 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 emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5 . All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m . except in case of 0080M 00800 - .Supplementary Conditions 06-09 rev.doc 00800 5FAPub1ic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd StSEE PROJ 0927Wdmim\Contract Documents\00800 - I emergency upon specific permission of the ENGINEER . SC =Ulla Concerning Subcontractors , .Suppliers, and Others , SC-6. 06. C . Add the following sentence at the end of paragraph GC406. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity , to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC-6. 08 Permits SC-6 . 08 Add the following paragraphs immediately after paragraph GC-6. 08. A: 1 . The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A" ) : 2 . The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC -13. 03 Test and Inspections SC- 13 . 03 . 13 . Delete paragraph GG13. 03. 8 in its entirety, and insert the following sentences in its place: Be OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests, or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below. Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by 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; 2s costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04. 13 ; 3a tests otherwise specifically provided in the Contract Documents . 13.05 OWNER May Stop the Work SCA 3 . 05 .A. Delete paragraph GC43. 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 00800-6 00800 = Supplementary Conditions 06-09 rev.doc 00800 6FAPublic WorkMENGINEERING DIVISION PROJECTSM31 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927%AdmimlContract Documents100800 - I requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated ; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.02 Progress Payments SC- 14. 02 . B . 5 . Delete paragraph GC44. 02. B. 5. d in its entirety and insert the following paragraph in its place. d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 .A; or SCA4. 02 . B . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 6. 5: e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . SC- 14. 02 . C . 1 . Delete paragraph GC44. 02. C. 1 in its entirety and insert the following paragraph in its place. Co 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 . SCA4 . 04A. After the third sentence in paragraph GC44. 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 008004 00800 = Supplementary conditions 06-09 rev.doc 00800 7F:\Public Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00800 - obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. " SC- 14 . 04B Add the following new paragraph immediately after paragraph GC 14. 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 SC -14.07 Final Payment SCA4 . 07 . C. 1 . Delete paragraph GG14. 07. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218 . 70 , et. seq . SC -15. 01 OWNER May Suspend Work SCA 5 . 01 .A Delete the last sentence in paragraph GG15. 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 . SC -15.02 OWNER May Terminate For Cause SC= 15 . 02 .A. 5 and SC- 15 . 02 .A. 6 Add the following new paragraphs immediately after paragraph GC45. 02.A. 4: 5 . CONTRACTOR's violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site. " 6 . CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC-15.04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GG15. 04.A: SC- 15 . 04 Delete the following text from the second sentence of paragraph GC45. 04.A: 00800-8 00800 - Supplementary Conditions 06-09 rev.doc 00800 8FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927WIrnim\Contract Documents\00800 - dE1a; SCA 6 DISPUTE RESOLUTION SC-16 .02 Mediation SCA 6 Add the following new paragraph immediately after paragraph GC46. 01 . SC- 16 . 02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19"' 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 . SCA7 Miscellaneous Add the following new paragraphs immediately after paragraph GC17. 05F 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 Countv 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 ++ 00800-9 00800 - Supplementary Conditions 06-09 rev.doc 00800 9F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927%drdm\Contract Documents\00800 - SECTION 00942 - Change Order Form No . DATE OF ISSUANCE . EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No . 2013007 Project : Indian River Boulevard Resurfacing (41st Street to 53rd Street) OWNER's Project No . 1131 ENGINEER Indian River County You are directed to make the following changes in the Contract Documents: Description . Reason for Change Order: Attachments : ( List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time: (days or dates) Substantial Completion : Final Com letion : Net Increase (Decrease) from $ Net change from previous Change previous Change Orders No. Orders No. to (days) to Substantial Completion : Final Completion: Contract Price prior to this $ Contract Time prior to this Change Change Order: Order: (days or dates) Substantial Completion : Final Completion : Net increase (decrease) of this $ Net increase (decrease) this Change Order: Change Order: (days or dates) Substantial Completion : Final Completion : Contract Price with all approved $ Contract Time with all approved Change Orders: Change Orders: (days or dates) Substantial Completion : Final Completion : ACCEPTED : RECOMMENDED : APPROVED : By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date : Date : Date : 00942 - Change Order Form REV 04-07.doc 00942 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\00942 - Change Order Form REV 04mMdoc Rev. 05/01 SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER: Indian River County CONTRACTOR : Bid No . : 2013007 Project: Indian River Boulevard Resurfacing (41st Street to 53`d Street) OWNER's Project No . 1131 Engineer: Indian River County y p Field Activit Description : Reason for Change : Recommended Disposition : Field Operations Officer / Engineer (Signature) Date Disposition : Contractor's Onsite Supervisor (Signature) Date Distribution : Field Operations Officer Others as Required : On-site Supervisor Project File * * END OF SECTION 00946 - Field Order Form REV 04-07.doc FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Hdmim\Contract Documents\00946 - Field Order Form REV 0447.doc I SECTION 00948 Work Change Directive No . EFFECTIVE DATE : DATE OF ISSUANCE : OWNER : Indian River County CONTRACTOR : Bid NO . : 2013007 Project: Indian River Boulevard (41St Street to 53`d Street) OWNER' s Contract No . 1131 ENGINEER : Indian River County You are directed to proceed promptly with the following changes : Description : Purpose of Work Change Directive : Attachments : (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents . Method of determining change in Method of determining change in Contract Prices : Contract Times R Unit Prices [I Contractor's Records II Lump Sum II Engineer' s Records ❑ Other: [1 Other: ❑ By Change Order: f By Change Order: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ Substantial Completion : days ; Ready for Final Completion : days . If the change involves an increase, the estimated If the change involves an increase , the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . ACCEPTED : RECOMMENDED : APPROVED. By: By: By : CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date : Date . Date : * * END OF SECTION FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\00948 - Work Change Directive REV 04=07.doc f DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO . SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL 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 STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -I1R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\DIVISION 1 GENERAL REQUIREMENTS .doc i SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . Be Furnish sufficient labor, construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC-6 . 02 . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : 4550 41 st Street, at the CONTRACTOR's expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR's expense . D . In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection , Army Corps of Engineers , Indian River Farms Water Control District , and all other applicable State or Federal agencies' specifications and permits . In the event of a conflict, the more stringent specification or requirement shall govern . E . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate owner ten ( 10) days minimum notice before commencing construction operations outside the designated limits of the work site . 01009- 1 01009-Special Provisions F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\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\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927\Admim\Contract Documents\01024 - Force Account.doc I 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. Be 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 . Co Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . F . Safeguard all points , stakes , grademarks , monuments and benchmarks made or established on the Work , and reestablish same , if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR . Do no excavation or embankment work until all cross-sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental . No separate . payment will be made for surveying or engineering . 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR'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 FAPublic WorksTNGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01050 - Field Engineering.doc B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur. veyor and Mapper, at the CONTRACTOR'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. 1.33 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1 . 4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5J of FDOT Standard Specifications . + + END OF SECTION + + 1050-2 01050 Field Engineering FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927\Adndm\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 . Be Reference to a technical society, organization , or body may be made in the Specifications by abbreviations , in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards F:\Public Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01091 - Reference Standards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U . L . , Inc. Underwriter's Laboratories , Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District C . When no reference is made to a code , standard or specification , the standard specifications of ASTM , FDOT , or ANSI shall govern . D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevails . + + END OF SECTION + + 01091 -2 01091 Reference Standards FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd StSEE PROJ 09271Admim\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 . Be 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 Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses (and resulting delays) , thereby ensuring highest quality results as the performance of the work progresses . Control delivery schedules so as to minimize unnecessary long-term 01215- 1 01215 General Quality Control F:\PublieWorks\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01215 General Quality.doc storage at the project site prior to installation . 1 . 5 PROJECT PHOTOGRAPHSNIDEOS 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 . Be 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 to the Owner within 30 days of the Notice to Proceed . A copy shall be kept in the Contractor's field office . 10 ) Payment — No additional payment will be made for this work. + + END OF SECTION + + 01215-2 01215 General Quality Control FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Hdmim\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 . Be Place : CONTRACTOR' S office at Project site or other mutually agreed upon location . Co 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 Be SUBCONTRACTOR: When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . Co 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st Stto 53rd St-SEE PROJ 09271AdmimlContract0ocuments\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 . Be Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires 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 . Be Show changes occurring since the previous submission listing . 1 . Major changes in scope . 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect. 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month 's application for payment . 01310- 1 01310 Construction Schedule F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01310 - Construction Schedule.doc 1 .4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions (updated ) to : 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies ) . 5 . ENGINEER B . In the cover letter, instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . + + END OF SECTION + + 01310-2 01310 Construction Schedule F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\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 . Be 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 . Be Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project . C . Clearly mark catalog sheets , brochures , etc . , to identify pertinent materials , products , or models . 1 .4 SAMPLES Samples are physical examples to illustrate materials , equipment, or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Article 6 . 17 , Section 00700 . 01340 - Submittal of Shop Drawings.doc 01340-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd StSEE PROJ 0927\Admim\Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1 . 5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A. The CONTRACTOR' s responsibilities for submittal of shop drawings , product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . Be Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work. Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means , methods , techniques , sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTOR's responsibility. 1 . It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents . 2 . Incomplete or inadequate submittals will be returned for revision without review. C . The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals . The CONTRACTOR shall approve the shop drawings based on his in-the-field measurements , prior to submittal to the ENGINEER for his review. D . Notify the ENGINEER , in writing at the time of submission , of deviations in submittals from the requirements of the Contract Documents . The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work, which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed . 01340 - Submittal of Shop Drawings.doc 01340=2 F:\PublieWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A. Submit to : Indian River County Engineering Division 1801 27th Street Vero Beach , FL 32960 Be A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER'S Name 2 . Project Name 3 . Contract Number 4 . Transmittal Number 5 . Section Number D . All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : [The remainder of this page has, been left blank intentionally] 01340 - Submittal of Shop Drawings.doc 01340-3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd StSEE PROJ 0927Wdmim\Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO . Contractor . Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re-Submittal Project Name : Indian River Boulevard Resurfacing (41st Street to 53rd Street) Project No. : 1131 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description . Sub-Contractor: Remarks . Reviewing Agency: (As checked below) Date Received Date Returned No . Copies Ret'd ❑ I R C Engineering Div . ❑ I R C Utilities Services Remarks . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor. 1801 27th Street No . Copies Ret'd Vero Beach , FI . 32960 Remarks . Distribution of Copies . IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings.doc 01340=4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admirn Contract Documents\01340 - Submittal of Shop DraWngs.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 174nch 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 we 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 as 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927V1dmimlContract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P . ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved Shop Drawings to CONTRACTOR. Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other items requiring approval , will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER'S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340 - Submittal of Shop Drawings.doc 01340-6 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd StSEE PROD 0927\Admim\Contract Documents\01340 - Submittal of Shop Drawings.doc I 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 . Be 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 RNPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Be 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\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01520 - Construction Facilities.doc t - 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 . Be In order to prevent damage , injury or loss , CONTRACTOR'S actions shall include , but not be limited to , ,the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather, theft, breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly, and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment, except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act, omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway , right-of-way, or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project. 01541 - 1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 3 TREE AND PLANT PROTECTION A. Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . B . Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run-off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. I . Coordinate Work in this Section with requirements of other sections herein . 1 .4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2 ) days . Irrigation systems partially within the right-of-way of Indian River Boulevard and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality . The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of4ay. 01541 -2 F:\PublieWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01541 - Protection of Property.doc f SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer, water, gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja- cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , the CONTRACTOR shall notify the owner or occupant , both before the interruption (24- hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR 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\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\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 facil= ities that are visible above the ground surface . C . Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR' S expense . 01541 -4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01541 - Protection of Property.doc I 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 or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed , however, and it shall be this CONTRACTOR's responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS COVERS AND BOXES A. All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work. B . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + 01541 -5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1131411 Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01541 - Protection of Property.doc I - - J 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 . Be 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. Be All trucks carrying earth shall be. covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two (2 ) written warnings , after which the CONTRACTOR shall pay a fine of $ 50 per uncovered truck to the Owner when invoked by the Owner to Owner' s Engineer. All cleanup shall be the responsibility of the CONTRACTOR . C . All trucks/moving equipment shall have backup warning horns in proper working order while on the job site . + + END OF SECTION + + 01550 Access Roads 01550- 1 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\ 1131 -IR Blvd Resurfacing 41st Stto 53rd St-SEE PROJ 0927Wdmim\Contract Documents\01550 - Access Roads.doc I 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. Be Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city. Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . Be 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 N ncorporated in the Work . 01610- 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\01610 - Transportation and Handling of Materials and Equipment.doc I 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 . Be 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications . Be Make all arrangements and provisions necessary for the storage of materials and equipment. Place all excavated materials , construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility Installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st Stto 53rd St-SEE PROJ 0927\Admim\Contract Documents\01611 - Storage of Materials.doc I _ — SECTION 01630 SUBSTITUTIONS 1 . 1 GENERAL A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , "Substitutes and Or- Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents . 1 . 2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer, fabricator, supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . B . For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating "or equivalent, " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTORSs option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods (if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 05 of General Conditions , include in the request the following . 1 . For products or manufacturers : a . Product identification , including manufacturer's name and address . b . Manufacturer's literature with product description , performance and test data , and reference standards . 01630- 1 01630 Substitutions F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st Stto 53rd St-SEE PROJ 0927\Admim\Contract Documents\01630 - Substitutions .doc I c . Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods (if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method specified . C . In making Request for Substitution , CONTRACTOR represents that: 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product, manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer, or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents . 2 . It will delay completion of the Work, or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product , manufacturer, or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . G . The procedure for review by Engineer will include the following . 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 3 . If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 01630-2 01630 Substitutions F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\01630 - Substitutions.doc 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR' s expense additional data about the proposed substitute . H . Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR' 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 the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment . + + END OF SECTION + + 01630-3 01630 Substitutions F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\01630 - Substitubons .doc i 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 . Be Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . Co Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch -basins as a result of the CONTRACTOR's operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc. , shall be kept clean and open at all times . D . Before the completion of the project, unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery, or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work, equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway, roadside , and landscaping work within any right-of-way, platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710- 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927\Admim\Contract Documents\01710 - Site Cleanup.doc f _ G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR' s expense , spray water or other dust control agents over the areas , which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER, ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710-2 F:\PublicWorkskENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927\Admim\Contract Documents\01710 - Site Cleanup.doc I - - SECTION 01820 POST FINAL INSPECTION 1 . 1 GENERAL A. Approximately one year after Substantial Completion , the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection . B . Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13 , General Conditions. C . After the inspection , the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds . 001820 - Post Final Inspection.doc 001820 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract Documents\001820 - Post Final Inspection.doc I DIVISION 2 TECHNICAL PROVISIONS SECTION NO . 00001 Technical Specifications SECTION NO . 00004 Scope of Work SECTION NO . 00101 Mobilization SECTION NO . 00102 Maintenance of Traffic SECTION NO . 00104 Erosion and Water Pollution Control SECTION NO . 00327 Milling of Existing Asphaltic Pavement SECTION NO . 00334 Superpave Asphaltic Concrete SECTION NO . 00570 Performance Turf SECTION NO . 00700 Signing and Pavement Markings F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1131 - IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc SECTION - 1 - Technical Specifications STANDARD SPECIFICATIONS A . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2010 , and Supplemental Specification , Special Provisions and addenda thereto , except as modified and supplemented hereinafter. Reference to Article numbers herein-after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc. may refer to the " Owner" , " Department" , "State of Florida Department of Transportation " , or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida . Wherever the word " Owner's Engineer" , " District Engineer" , " Engineer ' , " Project Engineer", etc. , appears , it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives . Wherever the word " Resident Engineer" appears , it shall be taken to mean an authorized representative of the Owner's Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work . The work to be performed per sheet Bid item 1643-700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of Utility Services , Water, Wastewater, Utility Standards Dated September, 2011 . The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings , Signing & Geometrics Dated July, 2011 . SECTION - 4- SCOPE OF WORK Section 4-3 . 9 Value Engineering Incentive is deleted in its entirety. SECTION — 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . (2010 Edition ) Contractor shall include the Public Construction Bond and Survey Control (install/re-establish) in the unit price for Mobilization . SURVEY CONTROL 1 . Install/re-establish : It shall be the contractor' s responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472 , Florida Statutes , to replace any 01025=1 Technical Specifications r. o. ter. gni ..�,, � � nir_iniccPinin nnncirlhl PPn 1=nTQ% 410A1 _IP Rhyl Poamirfar•inn dlcf Cf fn g3rr1 Cf_CFF PRr ). 1 nQ97W1mim%rnnfrart horizontal and vertical control shown on the engineering plans that was destroyed during construction . 2 . New roadway alignment control points (Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion . Include all intersections and side streets . State Plane Coordinates and elevations for all control points . 3 . Either if shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s) , vertical control (bench marks) , property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency(s) shall be notified in writing of disturbance and re- establishments . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 101A - Mobilization - Lump Sum SECTION - 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform #o Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 Edition ) , except as modified herein . A . GENERAL PROVISIONS- DESCRIPTION : The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period , including any temporary suspensions of the work . It shall include the construction and maintenance of any necessary detour facilities ; the providing of necessary facilities for access to residences , businesses , etc. , along the project; the furnishing , installing and maintaining of traffic control and safety devices during construction , the control of dust through the use of calcium chloride if necessary , and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans . The term , Maintenance of Traffic, as used herein , shall include all of such facilities , devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . B . BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at the pre-construction conference . The Maintenance of Traffic Plan shall indicate the type and location of all signs , lights , barricades , striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen . The plan will indicate conditions and setups for each phase of the Contractor's activities . 010254 Technical Specifications r ., ,. .u: n ,acnr±iniccouv� nnacinni oan 19Zr TRN 1Q1 _IR Mud RociOnninn 41st St to 53rd St-SEE PROJ 0927\Admim\Contract When the project plans include or specify a specific Maintenance of Traffic Plan , alternate proposals will be considered when they are found to be equal to or better than the plan specified . In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing . Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received . The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic . The Contractor shall be responsible for performing daily inspections , including weekends and holidays , with some inspections at nighttime , of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection . The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary . C . TRAFFIC CONTROL - STANDARDS : The FDOT Desiqn Standards For Design , Construction , Maintenance and Utility Operations On The State Highway System , Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design , application , installation , maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits . The standards established in the aforementioned manual constitute the minimum requirements for normal conditions , and additional traffic control devices warning devices , barriers or other safety devices will be required where unusual , complex or particularly hazardous conditions exist. The above referenced standards were developed using F . H . W .A. , U . S . D . O . T. Manual on Uniform Traffic Control Devices (MUTCD) . D . TRAFFIC CONTROL DEVICES , WARNING DEVICES AND BARRIERS - INSTALLATION : The responsibility for installation and maintenance of adequate traffic control devices , warning devices and barriers , for the protection of the travel in public and workmen , as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices , warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re- routing of traffic . The Contractor shall immediately remove , turn or cover any devices or barriers which do not apply to existing conditions . All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged . Damaged devices diminishing legibility and recognition , during either night or day conditions , are not acceptable for use . E . NO WAIVER OF LIABILITY : The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article , and the 01025-3 Technical Specifications MVICInN oRn IFr:TRN 131 _IR Rlvrl Rp wfacinn 41st St to 53rd St-SEE PROJ 0927\Admiln\Contract I - procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F . Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on Indian River Boulevard at all times . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 102- 1 - Maintenance of Traffic - Lump Sum SECTION - 104 - EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE PART 1 — GENERAL 1 . 1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from . the construction site or work area , to undeveloped portions of the site or off-site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area . C . The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project' s construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted . If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary , in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual , and other references as may be required by regulatory permits . (http ://www. dep . state . fl . us ./water/nonpoint/docs/erosion/erosion-inspectors- manual . pdo D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section . Alternatively, thffi e OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section . If the OWNER halts the CONTRACTOR's work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with Chapter 4 - " Best Management Practices 010254 Technical Specifications C•�oihlln \n/nr4c\PAIrDINPFRIN(: f11\/LCI(1N PRr), IPRTC\1131 _IR Rlvrl RAmirfartinn A1at At to 53rd St-SEE PRO.] 092AAdmim\Contract for Erosion and Sedimentation Control " and Chapter 5 — " Best Management Practices for Dewatering " of the Florida Erosion and Sediment Control Inspector' s Manual . In the event of a conflict between the referenced Chapters and these Specifications , the more stringent requirement shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A. The OWNER has obtained certain permits for this project and they are listed in paragraph SC-6 . 08 of the Supplementary Conditions . Per paragraph SC-6 . 08 . 0 of the Supplementary Conditions , the CONTRACTOR shall apply for, obtain , and pay for all other required permits , licenses , sampling , and tests . Permits the CONTRACTOR may need to secure may include but not be limited to : 1 . Long -term and/or short-term dewatering permit as required by the St. Johns River Water Management District (SJRWMD) . Generally, only the short-term permit is required . Contact SJRWMD at (321 ) 9844940 to determine which permit is required and the associated statutory requirements ; 2 . SJRWMD RDS-50 Permit (required ) ; 3 . The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (required ) . Contact the Florida Department of Environmental Protection ( FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or www, dep . state . fl . us/water/stormwater/npdes/ 4 . FDEP' s Uncontaminated Groundwater Release Permit ( required if dewatering occurs) . This permit requires water quality testing by a State certified laboratory. Be Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER . If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall govern . C . In addition to paying for all permit fees , CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit. 1 . 3 GENERAL A . Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities . Be From time to time , the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER . If at any time , the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not in compliance , and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications . C . Schedule construction to minimize erosion and stormwater runoff from the construction site . Implement erosion control measures on disturbed areas as soon as practicable in 01025-5 Technicai Specifications � . e�. .a.r.. MI..A.&% I=Klf_. IKICCGIAIr2 r1I%/IC Ink] DRn IC7rTRN 141 .IR Mid RAmirfarinn AIM Rt to SAM Rt SEE PROJ 0927\Admim\Contract I portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . In addition to other temporary erosion control measures that may be implemented , application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased , unless final landscaping has been installed . Polyacrylamide application shall be as specified herein . D . Inspect each pollution control system at least once per day and after each rainfall event . Clean and maintain each pollution control system as required by its manufacturer or the OWNER , . until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property, nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 .4 SUBMITTALS A. Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340 . B . Stormwater Pollution Prevention Plan , 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION AND MAINTENANCE A . State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance : Installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices . After installation , this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER 's sole opinion , the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete) . Before beginning construction , submit to Indian River County for review and approval , a Stormwater Pollution Prevention Plan (SWPPP) , prepared by the certified erosion control subcontractor . Construction shall not begin until the SWPPP has been approved by Indian River County. Submit the approved SWPPP to the ENGINEER before beginning construction . Include in the SWPPP , the "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site" (located at the end of this Section) . 01025-6 Technical Specifications Po% D# ihIIr %A/nrkc%P:NrlIAIFFRINl: 111VI.CION PPO. IFrTgXl l � l _IR Rlvrl Raciufarinn dlct Rt to .5lyd St-SEE PROJ 0927V1dmim\Contract i _ 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as maybe further defined in paragraphs 196 . 6 , 1 . 6 . C , and 1 . 6 . D , " pollution " is the presence in off-site waters of any substances , contaminants , or manmade or human -induced impairment of off-site waters or alteration of the chemical , physical , biological , or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property . Pollutants to be removed include but are not limited to , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck washout, stucco mixer washout , curb machine washout , washout from other construction equipment, construction chemicals , and construction debris . Be When the Discharge is Directly Into an Existing Water Body, Pollution Occurs When . . . An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR' s discharge point(s) is at least 29 nephelometric turbidity units ( NTUs) higher than the turbidity of the background water upstream of the discharge point(s) . [See Fla . Administrative Code 62-302 . 530] Exception : When the discharge is directly into or through an outfall discharging into " Outstanding Florida Waters , " designated by Florida Statute 403 . 061 (27) , the turbidity of the discharged water cannot exceed the turbidity of the immediate, receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured . Co When the Discharge is not Directly Into an Existing Water Body, Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as after traveling through pipes or by overland flow. Before construction commences , the Contractor will measure background levels of total suspended solids (TSS) and turbidity, in the immediate vicinity of the discharge water's ultimate discharge point into the receiving water body. If the discharge water' s TSS and turbidity measurements exceed these pre-construction background values by 20 percent for TSS and 29 NTUs for turbidity, then the discharge from the CONTRACTOR's operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6 . 5 or greater than 8 . 5 , or whenever any of the following is present in the discharge water: ( 1 ) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity , (3) Any chemical in any quantity, or (4) Concentrated pollutants . E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the types of conditions in which pollution may be determined to occur. 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A . In addition to the OWNER' s specific remedies , if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site , the OWNER will 01025=7 Technical Specifications MkIMr1P1 PPr), IFrTR\1131 _IR Rlvri Racurfarinn 410 St to 53rd St-SEE PROJ 0927V1dmim\Contract immediately report the violations to the Indian River County Code Enforcement Board , SJRWMD , FDEP , Indian River Farms Water Control District (or other F . S . Chapter 298 Drainage District, as appropriate) , and other pertinent regulatory or enforcement agencies . PART 2 as MATERIALS AND INSTALLATION 2 . 1 GENERAL A. Polyacrylamide : As required in Paragraph 1 . 3 . C , place polyacrylamide ( PAM) on bare ground to reduce the potential for erosion . PAM may also be used in water bodies to remove turbidity. Use the anionic form of polyacrylamide that does not stick to fish gills . For PAM information and its proper application , contact Applied Polymer Systems , Inc . , (678 ) 494-5998 , www . siltstol2 . com . Be Staked Silt Fences : 1 . General : Use silt fences to control runoff from the construction site where the soil has been disturbed . 2 . Installation : Install per the manufacture's recommendations and as specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down -slope side of the fencing . Place the bottom of the fabric 6-inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Place silt fences away from the toe of slopes . Otherwise , install in accordance with FDOT Index No . 102 . 3 . Product: All material shall be new and unused . Use FDOT Types II through IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type III silt fence . (a) For FDOT Type III Slit Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence . U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre-attached to 48-inch long stakes on 6-foot centers . ( 1 -800448-3636) . (b) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No . 102 . (c) Or equivalent. C . Turbidity Barriers : 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc . 2 . Installation : Install per the manufacturer' s recommendations and per FDOT Index No . 103 unless directed otherwise by the ENGINEER . 3 . Product: All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow . a . Parker Systems , Inc . ( 1 -866-472-7537) , model Type II or Type I b . Or equivalent. D . Sedimentation Control From Dewatering or Pumping Operations Using Filter Bads : assesses 1 . Remove silt, sediment, and other particles from dewatering or pumping 01025-8 Technical Specifications cae„tir� ni.,.i.� Fnr_ inIFFRinir_ nlvlclnN PP0- 1Fr ..T.q% 1131 -IR Rlvd Rpsurfaninn 41st St to 53rd St-SEE PROJ 0927\Admim\Contract I applications using a filter bag . The bag shall be manufactured using a polypropylene non-woven geotextile and sewn by a double- needle machine ; using a high strength nylon thread . The bag shall have a fill spout large enough to accommodate a 4-inch pump discharge hose . Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered . 2 . Installation : Install in accordance with the manufacturer's specifications . Use as many filter bags as required , at no additional cost to the OWNER . Legally dispose of the bags offsite , at no cost to the OWNER . If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate . 3 . Product : The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , Inc . ( 1 -800448-3636) . b . " DANDY DEWATERING BAG" supplied by Dandy Products , Inc ( 1 -800-591 -2284) . c . Or equivalent . E . Curb Inlet Protection : 1 . Filter stormwater before it enters curb inlets . 2 . Installation : Install in accordance with the manufacturer's specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . The length of the curb inlet filtration device shall be at least 24eet longer than the curb inlet opening . a . " GUTTERBUDDY , " supplied by ACF Environmental , Inc. ( 1 -800-448- 3636) . b . Or equivalent. F . Catch Basin Protection : 1 . Filter stormwater before it enters catch basins (drop inlets) . The filter "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double-needle machine , using a high strength nylon thread . The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features : two dump straps attached at the bottom to facilitate emptying ; lifting loops as an integral part of the system to be used to lift the sack from the basin ; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls . The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product: All materials shall be new and unused . a . " SILTSACK" ( regular flow) , supplied by ACF Environmental , Inc. ( 1 -800- 448-3636) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc. ( 1 -800-579- 8819) . c . Or equivalent. 01025-9 Technical Specifications CA Do I Al/� r1lMQUI J DR(1 MrMQ% 1141 _IR Mid Rocnrfarinn A10 At fin A'Ard St-AFF PROA OA97\Admim\rOntrar3 G . Construction Site Egress Driveways : Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels . Construct a crushed rock driving surface at the vehicle exit point(s) . Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area . Provide wash-down stations as required to wash vehicle tires and retain all washwater on-site . Do not use limerock . H . Rock and Stone for Erosion Control and Pollution Control and Treatment: 1 . Crushed Limerock : Crushed limerock shall not be used under any circumstance . 2 . Acceptable Material : FDOT #4 non-calcareous aggregate ( usually granite) , Von washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction , Section 901 . I . Hay Bales : Hay bales shall not be used . PART 3 on EXECUTION A. Design , construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities . Be Apply polyacrylamide only as directed by the polyacrylamide manufacturer/supplier. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 104= 1 — Erosion & Water Pollution Control on Lump Sum [The remainder of this page was left blank intentionally] 01025=10 Technical Specifications c•� o. .tir., �nr.. a��cnira�niGcainin nivtcinni cRn. iFr.TC�� 131 _tR Rlvri Racnrfarinn d1ct Rttn ri3rd St SEF PROJ 0927\Admim\Contract I CONTRACTOR ' s AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN) This sworn statement is subrr}itted for Indian River County Project No . 1131 for Indian River Boulevard Resurfacing (41s Street to 53` Street) , STATE OF COUNTY OF Personally before me the undersigned authority, appeared , who upon oath duly administered , stated as follows : 1 . This sworn statement is submitted by the CONTRACTOR , whose business address is and (if applicable) its Federal Identification No . ( FEIN ) is If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement: 2 . My name is and my relationship to the entity named above is 3 . 1 understand and agree that in addition to the Stormwater Management System Permit issued by Indian River County, CONTRACTOR is responsible for complying with the terms and conditions of the following as applicable to the site : a . State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger) , b . Stormwater Pollution Prevention Plan (regardless of project size) , c. St. Johns River Water Management District permit(s) ( regardless of project size) , d . Florida Department of Environmental Protection permit(s) ( regardless of project size) , e . All other permits required for this project not specifically listed herein , and f. All Codes and Ordinances of Indian River County. 4 . 1 understand that " pollution " as defined by Florida Statutes Chapter 403 . 031 (7) means : 91 . the presence in the outdoor atmosphere or waters of the state of any substances , contaminants , noise , or manmade or human-induced impairment of air or waters or alteration of the chemical , physical , biological , or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law. " 5 . 1 understand that in addition to the definition set forth in Item 5 above , " pollution " is also defined by paragraph 1 . 6 of Section 02225 of the Technical Specifications for this Project. 6 . 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes Ch . 403 . 141 and Ch . 403 . 161 and that there are other penalties listed in these Technical Specifications . I understand that CONTRACTOR may be liable for these and other 01025=11 Technical Specifications F • \Piihlir. Wnrkc\FNr;INFFRINrn DIVISION PROJECTS\? MAR Blvd Resurfacina 41st St to 53rd St-SEE PROJ 0927\Admim\Contract f . penalties if pollution occurs as a result of CONTRACTOR ' s activities associated with the Project . Under penalty of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true . FURTHER AFFIANT SAYETH NAUGHT Signature : Date : Printed Name : The foregoing instrument was subscribed and sworn to before me this day of 20_ by , who is personally known to me and who did take oath . Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 01025-12 Technical Specifications F•\Cnh6rt Wnrk4%\FNr4INFFRINn NVIRIC)N PRO. IFCTst11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927\Admim\Contract SECTION — 327 - MILLING OF EXISTING ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010) . All excess asphalt millings generated from the project shall become the property of Indian River County . The Contractor shall deliver the asphalt millings to a designated area at Indian River County' s Road and Bridge Division , 4550 41St Street, Vero Beach , Florida . The contractor is permitted to utilize asphalt milling for temporary driveway tie-ins , can be used daytime maintenance of traffic . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 32740- 1 - Milling Existing Asphalt Pavement ( 1 " Avg . )— Per Square Yard SECTION — 334 - SUPERPAVE ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 337 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010) . Sub article 334-8 . 1 through 334-8 . 3 — Basis of Payment shall be deleted in its entirety. Sub article 334-8 . 4 — Payment shall be amended as follows : Bid Item No . 334- 1 -3 — Superpave Asphaltic Concrete- 1 - 1 /2" SP 9 . 5 — Per Square Yard . SECTION — 570 some PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010) . A . Description : Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing in accordance with Section 104-7 . 2 , to be mowed at 6" height with a mulching mower. B . Work Included : Scope of Work: The work specified in this section consists of the establishing of a stand of grass , within the project, right-of-way , easements , and other areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required to assure a healthy stand of grass . Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed " . Co Guarantee : All sodded areas shall be guaranteed for three months after date of final completion and acceptance . Replacement of Defective Sod : Any dead sod or sod showing ( less than 95% of a square) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . 01025-13 Technical Specifications r. n. .Mr_ rer_a,_ cninniccoin ± nnneinni oon ieP`TQ% l114 .10 941%0r1 Pacmufarinn Alef Rf fn AArrf CtAPP PRr). i nQ971Admim%rnntrar t The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws . The numerical designations for fertilizer indicate the minimum percentages (respectively) of ( 1 ) total nitrogen , (2) available phosphoric acid and ( 3) water-soluble potash contained in the fertilizer. The chemical designation of the fertilizer shall be 164-8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet. E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-5 and 2 . 34 . 13 . F . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner, at his discretion , may authorize the elimination of ground preparation . G . Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6 . 0 - 7 . 0 . Contractor shall apply two (2) applications . The initial shall be fertilizer and the second application shall be "weed and feed " . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre , or 10 pounds per 1 , 000 square feet , by a spreading device capable of uniformly distributing the material at the specified rate . Contractor shall apply applications as per manufacturer's specification . All tickets from bags shall be handed over to the County Inspector. On steep slopes , where the use of a machine for spreading or mixing is not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches . H . Placing Sod : The sod shall be placed on the prepared surface , with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow . Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 Y2' below paved shoulder. 01025-14 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacino 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract I_ l On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . Sodding shall not be performed when weather and soil conditions are , in the Engineer's opinion , unsuitable for proper results . Sod shall be placed around all structures , equipment pads , etc . I . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer, for optimum results . After being placed , the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance , whichever is latest) . J . Maintenance : The Contractor shall , at his expense , maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence , carelessness or failure to provide routine maintenance shall be at the Contractor's expense . The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing . Clippings shall be removed from sidewalk . K. Article 5704 The first two paragraphs under this Article are deleted and the following substituted . The contract unit price for sodding shall include the costs of sod , fertilizer (2 applications) , sidewalk sweeping after mowing , mowing , pegging disposal of clippings , water, tools, equipment , labor and all other incidentals necessary. Item of Payment Payment shall be made under: Bid Item No . 570- 1 -2 — Performance Turf (Bahia or match existing) - Per Square Yard Bid Item No . 570A1 2A — Performance Turf ( Floratam or match existing ) we Per Square Yard SECTION — 700 - SIGNING AND PAVEMENT MARKINGS A. Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer's specifications . Be Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4" x 4" . Addendum No. 1 11 -7-2012 01025-15 Technical Specifications FAPuhlic WOrks\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract f Item of Payment Payment shall be made under: Bid Item No . 700-20- 11 — Sign Single Post (greater than 12) - Per Assembly Bid Item No . 706-3 — Retro- reflective Pavement Markers Amber/Amber — Per Each Bid Item No . 706-3A — Retro-reflective Pavement Markers White/Red — Per Each Bid Item No . 711 A 1 A 21 — Traffic Stripe (Solid ) (Thermoplastic) (White) (6") — Per Linear Foot Bid Item No . 711 A 1 A 22 — Traffic Stripe (Solid ) (Thermoplastic) (White) (8") — Per Linear Foot Bid Item No . 711A 1 - 124 - Traffic Stripe (Solid ) (Thermoplastic) (White) ( 18") — Per Linear Foot Bid Item No . 711A 1 - 125 — Traffic Stripe (Solid ) (Thermoplastic) (White) (24") — Per Linear Foot Bid Item No . 711A 1 - 141 — Traffic Stripe (Skip) (6'- 10' ) (Thermoplastic) (6") (White) - Per Linear Foot Bid Item No . 711A 1A41A — Traffic Stripe (Skip) ( 10'-30' ) (Thermoplastic) (6") (White) — Per Linear Foot Bid Item No . 711 - 11 - 14113 — Traffic Stripe (Skip) (2 '4') (Thermoplastic) (6") (White) — Per Linear Foot Bid Item No . 711 A 1 A 60 — Pavement Messages (Thermoplastic) (MERGE) — Per Each Bid Item No . 711 - 11 - 170A — Standard Turn Arrows (Thermoplastic) (White) — Per Each Bid Item No . 711 - 11 - 1701 — Standard Merge Arrows (Thermoplastic) (White) — Per Each Bid Item No . 711A 1 =221 — Traffic Stripe (Solid ) (Thermoplastic) (Yellow) (6") — Per Linear Foot Bid Item No . 711A 1 -221A — Traffic Stripe (Solid ) (Thermoplastic) (Yellow) (6") ( Double) — Per Linear Foot Bid Item No . 711A1 -224 — Traffic Stripe (Solid) (Thermoplastic) (Yellow) ( 18") — Per Linear Foot Bid Item No . 711 A 1 -241 — Traffic Stripe (Skip) (6'- 10 ' ) (Thermoplastic) (Yellow) — Per Linear Foot Bid Item No . 711A 1 -241A — Traffic Stripe (Skip) (2 '4') (Thermoplastic) (Yellow) — Per Linear Foot + + END OF SECTION + + i i i 01025-16 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\11314R Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927Wdmim\Contract