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Home My WebLink About2011-089A 2® 11 - 089 ) L • Ja • l V01 ` `C CONTRACT DOCUMENTS AND SPECIFICATIONS FOR OSLO ROAD ( CR 606 ) PHASE II ROADWAY WIDENING ( 43RD AVENUE TO 27TH AVENUE ) BID NO . 2011018 PROJECT NO . 0533 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA BOB SOLARI , CHAIRMAN GARY C . WHEELER , VICE CHAIRMAN COMMISSIONER , PETER D . O ' BRYAN > > COMMISSIONER WESLEY S . DAVIS o -� COMMISSIONER JOSEPH E . FLESCHER r � JOSEPH A . BAIRD , COUNTY ADMINISTRATOR a R Ln JEFFREY K . BARTON , CLERK OF COURT > Cn N ALAN S . POLACKWICH , SR . , COUNTY ATTORNEY 0 CHRISTOPHER R . MORA , P . E . , PUBLIC WORKS DIRECTOR O CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER m % d MICHAEL D . NIXON , P . E . , ROADWAY PRODUCTION MANAGER 00001 - Project Title Page - REV 04-07 . doc 00001 - 1 rA M. 41 - % ni Ki DDD I h I c nivicVVJ DDn IC!"TC\ nSZZ_rldn PA P/ nca 11 MZrri Ava In 971h AVa�\Arimlm\hlrl rinn VTaniC\nnnni - Prniort Tl}IP Pana - RFV nd-n7 rinr TABLE OF CONTENTS Section No . Title DIVISION 0 - BIDDING DOCUMENTS , CONTRACT FORMS , AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion . 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 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 :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\00010 - Table of Contents - REV 04-07 . doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS + + END OF TABLE OF CONTENTS + + 00010 -2 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\00010 - Table of Contents - REV 04-07 . doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127 1h Street Vero Beach, Florida 32960 ORI Telephone : 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 PM on Wednesday , March 2 , 2011 . 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 " Oslo Road ( CR 606 ) Phase II Roadway Widening (43 `d Avenue to 27th Avenue) " and " Bid No . 2011018 " . 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 PM . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 0533 INDIAN RIVER COUNTY BID NO, 2011018 PROJECT DESCRIPTION: Consists of widening Oslo Road to a five -lane configuration from 43rd Avenue to 2 ;,Ih Avenue. This widening will include the widening of the existing bridge located immediately east of 43rd Avenue and continue east to coordinate with the Oslo Road widening east of 27th Avenue . 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 , 01801 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 $ 100. 00 for each set, which represents cost of printing and handling, which is non-refundable . Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing (o), ircgov . com . All bidders shall submit one ( 1 ) original and one ( 1 ) copy of the Bid Proposal forms provided within the specifications . BID SECURITY must accompany each Bid , and must be in the form of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety , or a certified check or a cashier' s check , drawn on any bank authorized to do business in the State of Florida . Bid Security must be in" the sum of not less than Five Percent ( 5%) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Ndmim\bid documents\00100 - Advertisement for Bids 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 e COPIES OF BIDDING DOCUMENTS 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder' s qualifications to perform the Work , within five days of OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below . A. Bidder must have at least five years ' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR , at least three projects similar in scope to this project. C . Bidder must have good recommendations from at least three clients similar to the OWNER . D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Ndders REV 04-07 ,doo 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 riot part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04 -07.doc Rev. 05/01 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any , and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions . 4 . 05 Upon a request directed to the ENGINEER ( Michael D . Nixon , P . E . 772-226 - 1986 ) , OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 Reference is made to Article 7 of the General Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors ) that relates to the Work for which a Bid is to be submitted . On request , OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price ) for such other work . 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : A . examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER ( MICHAEL D . NIXON , P . E . , (772) 226-19861 ) 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 00200 - Instructions to Bidders REV 04-07. doc 00200 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; H . correlate the information known to Bidder, information and observations obtained from 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 The date , time , and location for a Pre- Bid conference , if any , are specified in the Advertisement for Bids . Representatives of OWNER and ENGINEER will be present to discuss the Project . Bidders are encouraged to attend and participate in the conference . ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment , or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 4 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 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. ARTICLE 8 - BID SECURITY 8 . 01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check ; cashier's check ; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 01 of the General Conditions . The Bid Bond shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney- in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person ' s authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract: , the Successful Bidder shall for all Bonds , provide a copy of the Surety' s current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions . 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening , whereupon Bid Security furnished by such Bidders will be returned . 8 . 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be (a ) Substantially Completed and ( b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 00200 - Instructions to Bidders REV 04-07. doc 00200 - 5 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05101 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 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 . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04 -07 .doc Rev. 05/01 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 . 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 . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)VAdmim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05101 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 . ARTICLE 15 - SUBMITTAL OF BID 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A. Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . B . Sworn Statement under the Florida Trench Safety Act. C . Qualifications Questionnaire . D . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County , Purchasing Division , 1800 27th Street , Vero Beach , Florida , 32960 . ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work . 00200 - Instructions to Bidders REV 04-07. doc 00200 - 8 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non -responsive , read aloud publicly . An abstract of the amounts of the base Bids and major alternates , if any , will be made available to Bidders after the opening of Bids . ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may , in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non -responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not . be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted , the Bidder, by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER ' s requirements as to Public Construction Bond and insurance . When the Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bond , unless the Bond have been waived due to the total contract being less than $ 50 , 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\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 SECTION 00200 Is Instructions to Bidders TABLE OF CONTENTS Article No . - Title Page ARTICLE1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 5 - PRE - BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE8 - BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE9 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 ARTICLE 19 - AWARD OF CONTRACT . , . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . @66q . * . @6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 - SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 00200 - Instructions to Bidders REV 04-07.doc 00200 - i FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc SECTION 00,200 - Instructions to, Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Copies of Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Pre- Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . qM . . . . . . . M . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or " Or- Equal " Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to Bidders REV 04-07 . doc 00200 - ii F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION 00300 - Bid Package Contents - REV 04-07 . doc 00300 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-0slo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\00300 - Bid Package Contents - REV 04-07 .doc the event the Contract is awarded to the Bidder , Bidder will enter in a Contract with the County and furnish the required 100 % Public Construction Bond within the timeframe set by the County . If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as penalty . Please note that the questionnaire must be filled out completely including the financial statement . The County reserves the right to delay awarding of the Contract for a period of sixt 60 days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that , in its judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid preparation costs . A Pre - Bid Conference will be held on February 9 , 2011 at 2 : 00 PM , in the conference room B1 - 501 in Building " B " of the Indian River County Administration Building located at 1801 27tH Street , Vero Beach , Florida , 32960 . ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED . INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : January 19 , 2011 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 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00100 - Advertisement for Bids REV 04-07 .doc SECTION 00310 - Bid Form PROJECT IDENTIFICATION : aProject Name : Oslo Road (CR 606 ) Phase II Roadway Widening - 434 Avenue to -2701-Avenue ) County Project Number: 0533 Bid Number: 2011018 Project Address : Oslo Road (43`d Avenue to 271h Avenue ) Project Description : Consists of widening Oslo Road to a five-lane configuration from 43rd Avenue to 274i Avenue. This widening will include the widening of the existing bridge located immediately east of 43r0 Avenue and continue east to coordinate with the Oslo Road widening east of 27" Avenue, THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY PUCHASING DIVISION 1800 27"' Street VERO BEACH , FLORIDA 32960 1 . 01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with OWNER in -the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents . 2 .01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER . 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that : A. Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . Addendum Date Addendum Number B . Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work . C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost, progress and performance of the Work . 00310 - Bid Form REV 04-07 .doc 00310 - 1 FAPubllc Works\ENGINEERING DIVISION PROJECTS\0533.Oslo Rd Phase 11 (43rd Ave to 271h Ave )WdrrrmVbid documents=31n . Md ;: . acv ne-rn a..' Dr. Acj4aY . D . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and (2 ) reports and drawings of a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions - -as provided to -paragraph A-G6 -ofthe - General Conditions , E . Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations, explorations , tests , studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means, methods , techniques , sequences , and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F . Bidder does not consider that any further examinations , investigations, explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price(s ) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G .. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents , H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents . 1 . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder. J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . 4. 01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form REV 04-07.doc 00310 - 2 FA.Publtc Works1ENGINEERING MISION PROJECTS\0533-0s10 Rd Phase 11 (43rd Ave to 27th Ave)VWdmtmtbld documents\00310 - &d Form REV 04-07.doc Rev. 05/16/01 ri a 21111 • -. n } yy �, fi�tt!! 1 K`3' Fk Fi M .�C e5. S ¢ J �/ •r '4>.'-r'�'yh'R, L F dt r ` SM+ s n N r •- .i , ,:; 6 ` ', . r' � . .",.:. . � .. .. .� . .5 ; � - c. ..•7i? . . . �;. :; . . . {^ ' F 7'yNo. .GM.....«.. . . . . h. i ' �}�, . . L ef/ . A ^ra��i., 9 rte} . T : .3c. ✓ a�.. ROADWAY P RP OVEMENTS 1MOBILIZATION ® • • • • n124 , 000 . 00 t 140 , 000 . 00 ' TURBIDITY BARRIER FLOATING TURBIDITY BARRIER STAKED SILT FENCE STAKED (TYPE 111) i DURING PROJECT) N . P .D . E .S PERMITTING STANDARD t. REMOVAL OF EXISTING STRUCTURE 1MAILBOX tf , EXCAVATION / ; EMBANKMENT (COMPACTED • L • • STABILIZATION TYPE B / • • • • 1 : • 1 • 363o522 . 00 BASE OPTIONAL ( BASE GROUP 14 ) TURNOUT CONSTRUCTION (ASPHALT) MILLING EXISTING ASPHALT PAVEMENT ( 1 2711 - 25 :IIII we fil IN 313r775 . 50 1 • VERBUILD ) • PAVEMENTASPHALT MISCELLANEOUS ®m • • • • • • • • • • • • \.. • • • • • 1 , , ITEMIZED BID SCHEDULE PROJECT NAME: OSLO ROAD (CR 606) PHASE 11 ROADWAY WIDENING (43RD AVENUE TO 27TH AVENUE) IRC PROJECT #0533/BID #2011018 BIDDERS NAME: DICKERSON FLORIDA , INC . Q425-1 -311 INLETS (CURB ) (TYPE P-1 ) (<10') 3 EA 4180 . 00 12540 . 00 425- 1 -312 INLETS (CURB) (TYPE P- 1 ) (> 10' ) 1 EA 4450 . 00 4450 . 00 425- 1 -321 INLETS (CURB) (TYPE P-2 ) (< 10') 2 EA 4500 . 00 9000 . 00 425- 1 -351 INLETS (CURB ) (TYPE P-5 ) (<10') 3 EA 2850 . 00 8550 . 00 ' 425- 1 -352 INLETS (CURB) (TYPE P-5) (> 10' ) 1 EA 3270 7 3270 . 00 425- 1 -355 INLETS (CURB) (TYPE P-5 ) (PARTIAL ) 1 EA 1930 . 00 1930 . 00 425-1 -361 INLETS (CURB ) (TYPE P-6) (<10' ) 7 EA 3055 . 00 21r385 . 00 425A -452 INLETS (CURB ) (TYPE J-5) (> IV ) 7 EA 4620 . 00 32 , 340 . 00 425- 1 -461 INLETS (CURB ) (TYPE J"6) ( < 10') 2 EA 4565 . 00 9130 . 00 425-1462 INLETS (CURB) (TYPE J-6) (> 10' ) 6 EA 5005 . 00 30j030 . 00 425-1467 INLETS (CURB ) (TYPE J-6) (< 10' XSPECIAL) 1 EA 10775 . 00 10775 . 00 425-1 -521 INLETS (DITCH BOTTOM ) (TYPE C ) (< 10' ) 5 EA 940 . 00 4700 . 00 425-1 -523 INLETS (DITCH BOTTOM) (TYPE C ) (J BOT, < 101) 1 EA 1735 . 00 1735 . 00 425-1 -524 INLETS (DITCH BOTTOM ) (TYPE C) (J BOT; > 10') 1 EA 2235 . 0 2235 . 00 425-1 -527 INLETS (DITCH BOTTOM ) (TYPE C ) (SPECIAL) 2 EA 3835 . 00 7670 . 00 425-2-61 MANHOLES (P-8) ( 00' ) 7 EA 1510 . 00 10570 . 00 425-2-63 MANHOLES (P-8 ) ( PARTIAL) 1 EA 690 . 00 690 . 00 425-241 MANHOLES (J-7) (< 10') 1 EA 2400 . 00 2400 . 00 425-2-92 MANHOLES (J-8) (> 10') 10 EA 4510 . 00 45 , 100 . 00 425-2-102A MANHOLES (TYPE J-7) (SPECIAL ) 2 EA 7450 . 00 14 , 900 . 00 425-2A02B- MANHOLES (TYPE J-8 ) (SPECIAL) 1 EA 12125 . 00 12125 . 00 425-6 VALVE BOX (ADJUST) 29 EA 175 . 07 5075 . 00 425-11 DRAINAGE STRUCTURE MODIFY 4 EA 2430 . 00 9720 . 00 430- 171 - 125 CONCRETE PIPE CULVERT ( 18" SS ) 1 , 696 LF 18 . 25 30952 . 00 125A CORRUGATED ALUMINUM LUMINUM PIPE CULVERT 17 vMT. .. . . . . ..... RU ( 18" SS ) LF za . 00 476 . oa 430-171 - 430-171 - 129 CONCRETE PIPE CULVERT (24 SS ) 632 LF 30 . 00 18960 . 00 430-171 - 129A CORRUGATED ALUMINUM PIPE CULVERT (24" SS ) 50 LF 37 . 40 1870 . 00 430-171 - 133 CONCRETE PIPE CULVERT ( 30" SS ) 181 LF 42 . 10 7620 . 10 430- 171 -138 CONCRETE PIPE CULVERT (36" SS ) 912 LF 1 42 . 10 38395 . 20 FAPublfc W oft\ENGINEERING DMSM PROJECTS'\0533-0eb Rd Phase Q (43rd Ave to 27th Ave)\Admlmwd documsrdsVTEWED BID SCHEDULE.)ds 003104 ITEMIZED BID SCHEDULE PROJECT NAME . OSLO ROAD (CR 606) PHASE II ROADWAY WIDENING (43RD AVENUE TO 27TH AVENUE) IRC PROJECT #0533/1310 #2011018 BIDDERS NAME : DICKERSON FLORIDA , INC . Q430- 171 - 138A CORRUGATED ALUMINUM PIPE CULVERT (36" SS ) 26 LF 50 . 45 1311 . 70 430- 171 - 140 CONCRETE PIPE CULVERT (42" SS ) 1 ,705 LF 79 . 45 135462 . 25 430- 171 - 140A HDPE PIPE CULVERT (42" SS ) 87 rLF 51 . 40 4471 . 80 430- 171 -141 CONCRETE PIPE CULVERT (48 SS ) 11969 92 . 50 182132 . 50 430- 171 - 142 CONCRETE PIPE CULVERT (54" SS ) 1 , 030 122 . 50 126175 . 00 430-171A42A HDPE PIPE CULVERT (54' SS ) 87 LF 135 . 00 11745 . 00 430- 171 -225 ELLIPTICAL CONCRETE PIPE CULVERT ( 14"x23" SS ) 78 LF 28 . 50 2223 . 00 430- 171 -238 ELLIPTICAL CONCRETE PIPE CULVERT (29"x45" SS ) 64 LF 89 . 00 5696 . 00 430-961 -218 PVC PIPE CULVERT (8" SS) 39065 LF 26 . 20 80303 . 00 430-982- 129 MITERED END SECTION (CONCRETE ) (24" CD ) 1 EA 402 . 00 402 . 00 520-1 - 10 CURB & GUTTER CONCRETE (TYPE F ) 10,437 LF 14 . 50 151336 . 50 520-2-2 CURB & GUTTER CONCRETE (TYPE B ) 14 LF 15 . 75 220 . 50 520-24 CURB & GUTTER CONCRETE (TYPE D ) 289 LF 9 . 50 2745 . 50 520-3 VALLEY GUTTER (CONCRETE ) 503 LF 13 . 15 6614 . 45 522-2 SIDEWALK CONC. (6" THICK) (SIDEWALK & TURNOUTS ) 57384 .0 SY 28 . 65 154251 . 60 522-2 SIDEWALK CONC. (8" THICK) (SHELTER PAD ) 11 SY 27 . 30 300 . 30 530- 1 RIPRAP ( SAND CEMENT) 9 CY 315 . 00 2835 . 00 530-3-4 RIPRAP (RUBBLE ) ( F&I) (DITCH LINING ) 28 .6 TN 58 . 00 1658 . 80 536- 1 - 1 GUARDRAIL (ROADWAY) 674 LF 17 . 35 11693 . 90 536-85-26A GUARDRAIL END ANCHORAGE ASSEMBLY (TYPE ET-2000) 1 EA 1820 . 00 1820 . 00 550-10-222 FENCING, TYPE B (6' HEIGHT) (VINYL COATED ) 1 ,981 LF 12 . 60 24960 . 60 550-60-212 FENCE GATE (TYPE B ) ( SINGLE) ( 12' OPENING ) 1 EA 945 . 00 945 . 00 550-60-225 FENCE GATE (TYPE B ) (DOUBLE ) (24' OPENING ) 2 EA 2100 . 00 4200 . 00 ul 1550-79-301 SECURITY GATE RELOCATION 1 EA 3150 . 00 3150 . 00 555 1 -1 DIRECTIONAL BORE (LESS THAN 6" ) 105 LF 17 . 85 1874 . 25 570- 1 -2A PERFORMANCE TURF (SOD ) (BAHIA) 42 ,000 SY 1 . 20 50400 . 00 570- 1 -26 PERFORMANCE TURF (SOD ) ( ST. AUGUSTINE ) 21000 SY 2 . 00 4000 . 00 580- 1 -2 LANDSCAPE COMPLETE (LARGE PLANTS ) 416 EA 46 . 20 19219 . 20 fl FAPubllc W orks\ENGINEERING DIVISION PROJECTS0533Osio Rd Phase U (43b Ave Io 27th Ave)VWdmlmlbld dommandsUTEMRED BID SCHEDULEAs 00310-5 1ITEMIZED BID SCHEDULE � ! PROJECT NAME : OSLO ROAD (CR 606) PHASE II ROADWAY WIDENING (43RD AVENUE TO 27TH AVENUE) IRC PROJD I &IMWBQ %1a10 %c . BIDDERS NAME: 580-1 -21 EXISTING TREE RELOCATION (PALM TREE ). 54 EA 111 . 30 6010 . 20 580-1 -22 EXISTING TREE RELOCATION (OAK TREE ) 20 EA 1150 . 00 23000 . 00 . ... . ._. . .. ... 630- 1 -12 CONDUIT ( F& I ) (UNDERGROUND ) (2" PVC) 51723 LF3 . is 18027 . 45 635-1 - 15 PULL BOX (F& I) (FIBER OPTIC) 16 EA 823 . 00 13168 . 00 FJ 635-1 - 15A PULL BOX (F& I) ( SPLICE/ SLACK BOX) 3 EA 2000 . 00 6000 . 00 Q715-541 -1 LIGHT FIXTURE (RELOCATE ) 1 LF 1475 . OC 1475 . 00 730-88 TEMPORARY PUMPING SYSTEM ( 10, 000 GPM ) 1 EA 5250 . 00 5250 . 00 in 1644-800 FIRE HYDRANT (RELOCATE ) 7 EA 935 . 00 6545 . 00 1645-800 WATER METER (RELOCATE ) 6 EA 327 . 00 1962 . 00 ROADWAY MATERIALS. SUBTOTAL 3r1581348 . 70 TRAFFIC MARKING AND STRIPING , 700-20-11 SIGN SINGLE POST ( LESS THAN 12 ) 33 AS 175 . 00 5775 . 00 701 -89 RELOCATION/ RECONSTRUCTION OF MONUMENT SIGN 1 EA 5250 . 00 5250 . 00 706-3 RETRO-REFLECTIVE PAVEMENT MARKERS 1 ,249 EA 3 . 25 4059 . 25 711 - 11 -111 TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE ) ( 6" ) 14, 982 LF 0 . 70 10487 . 40 711 - 11 -122 TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE ) ( 8" ) 872 LF 0 . 90 784 . 80 711 - 11 -123' TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE ) ( 12") 11606 LF 1 . 45 2328 . 70 711 - 11 -124 TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE ) ( 180 ) 500 LF 2 . 20 1100 . 00 711 - 11 - 125 TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE ) (24" ) 530 LF 2 . 95 1563 . 50 711 - 11 -141 TRAFFIC STRIPE SKIP (THERMOPLASTIC) (WHITE ) 14 ,361 LF 0 . 20 2872 . 20 711 -11 - 151 GUIDELINES (THERMOPLASTIC) ) ( ") (TH ) (WHITE 6 623 LF 0 . 70 436 . 10 711 - 11 -160 PAVEMENT MASSAGES (THERMOPLASTIC) 2 EA 68 . 25 136 . 50 711 - 11 -170 DIRECTIONAL ARROWS (THERMOPLASTIC) 92 EA 37 . 80 3477 . 60 711 - 11 "211 TRAFFIC STRIPE SOLID (THERMOPLASTIC ) (YELLOW ) (6" ) 16, 169 LF 0 . 70 11318 . 30 711=1 t°-224 TRAFFIC�STRIPE' SOLIDT tiERMOPi:ASTIC ` ELtOW '1S" "1` (T ) (Y T ( �" � . .:,. 7g„�...... ,�LF.• ` a" . 2 o i 73 80 711 -11 -241 TRAFFIC STRIPE SKIP (THERMOPLASTIC) (YELLOW ) 11 , 373 LF 0 . 20 2274 . 60 711 - 11 -251 GUIDELINES (THERMOPLASTIC) (YELLOW ) ( 6" ) 882 LF 0 . 70 617 . 40 TRAFFIC MARKING AND STRIPING SUBTOTAL 52 , 655 . 15 QROADWAY IMPROVEMENTS TOTAL 31211 , 003 . 85 FAPublic W orks\ENGINEERING DIVISION PROJECTSY)533-0310 Rd Phase It (43rd Ave to 27th Ave)\Admim\bid domunentsV IEWED BID SCHEDUI.Etds 00310-6 ITEMIZED BID SCHEDULE PROJECT NAME: OSLO ROAD (CR 606) PHASE II ROADWAY WIDENING (43RD AVENUE TO 27TH AVENUE) IRC PROJECT #0533/8113 #2011018 BIDDERS NAME::. DICKERSON FLORIDA , INC . UTILITY RELOCATION 1050-11 -423 UTILITY PIPE , (F&I) (DI ) (6") ( SEWER) 388 LF 39 . 25 15229 . 00 1050-11 -424 UTILITY PIPE , ( F&I ) (DI ) (8" ) (WATER) 323 . LF 25 . 23 8149 . 29 1080-11 -403A 0 ILITY FIXTURES , TAPPING SLEEVE AND VALVE ( F& I ) (6"X 8 EA 3065 . 00 24520 . 00 1080-11 -4036 ZT ILIIY FIXTURES , TAPPING SLEEVE AND VALVE ( F& I) (8"X 6 EA 4680 . 00 28080 . 00 151 &A2 SANITARY SEWER FITTINGS 1 TN 2480 . 00 2480 . 00 1610-14 WATER FITTINGS 1 .25 TN 8520 . 00 10650 . 00 1611A47-18 WATER FITTINGS (8" LINE STOP ) 2 EAJI 3545 . 00 7090 . 00 UTILITY RELOCATION SUBTOTAL 96 , 198 . 29 SIGNALIZATION 555-1 -2 DIRECTIONAL BORE (6" TO < 12" ) 315 LF 18 . 40 5796 . 00 555- 1 -3 DIRECTIONAL BORE ( 12" TO < 18") 175 LF 24 . 70 4322 . 50 630-1 - 12 CONDUIT (F& I) (UNDERGROUND ) (2" PVC ) 395 LF 4 . 00 1580 . 00 632-7-1 SIGNAL CABLE (F&I ) . 1 PI 6825 . 00 6825 . 00 635111. 1 - 15 PULL BOX (F &I) (FIBER OPTIC) 13 EA 446 . 00 5798 . 00 ELECTRICAL POWER SERVICE (SIGNALS ) (OVERHEAD ) 570 . 00 570 . 00 639- 1 -12 METER BASED PURCHASE BY CONTRACTOR 1 AS 639-21,1,1 ELECTRICAL SERVICE WIRE (F& I ) 30 LF 1 . 05 31 . 50 639-3- 11 ELECTRICAL SERVICE WIRE ( F&I) ( POLE MOUNTED ) 1 EA 156 . 00 156 . 00 641 -Z-12 PRESTRESSED CONCRETE POLE (F&1-DIRECT BURIAL) 1 EA 604 . 00 604 . 00 TYPE P-II SERVICE POLE MAST ARM ASSEMBLY (F& I) ( 150 MPH ) ( SINGLE ARM W/ 649-31 - 107 1 EA 20680 . 0 206e0 . 00 LUMINAIRE 46' 649-31 -108 MAST ARM ASSEMBLY (F&I) ( 150 MPH ) ( SINGLE ARM W / 1 EA 28765 . 00 28765 . 00 LUMINAIRE ) (60' MAST ARM ASSEMBLY (F& I) ( 150 MPH ) ( SINGLE ARM W/ 649-31 -109 LUMINAIRE ) (70 .51) 2 EA 29085 . 00 58170 . 00 650-51 -311 TRAFFIC SIGNAL ( F& I) (3111,SECTION) ( 1 -WAY) ( STANDARD ) 3 AS 676 . 00 2028 . 00 650-51 -511 TRAFFIC SIGNAL (F& I) (5-SECTION ) ( 1 -WAY) (STANDARD ) 9 AS 1035 . 00 9315 . 00 653- 191 PEDESTRIAN SIGNAL ( F& I) ( LED-COUNTDOWN ) ( 1 -WAY) 2 AS . 00 1090 . 00 653- 192 PEDESTRIAN SIGNAL ( F&I ) (LED-COUNTDOWN ) (2-WAY) 3 AS lloo . o0 3300 . 00 659- 107 SIGNAL HEAD AUX. ( F& I) (ALUMINUM PEDESTAL) 3 EA 660 . 00 1980 . 00 663-74-15 VEHICLE DETECTOR (F& I ) (VIDEO DETECTOR ) 4 EA 5570 . 00 22280 . 00 FAPublie W orkMENGINEERING DIVIi PROJECTS14533-0slo Rd Phu" 11 (43rd Ave to 27th AyeMdmimtbid doc=9rds\I EMBED BID SCHEDULE.As 0031011.7 � t ..SYt^!J q'� ?.{J�M�.:. }�1 e.•nh''!,} rl11.4} • %• 'nse nY.Js �✓<NM' YH� . T• Li'• t � �t/N�llaYf�lPw�µ'{' 2 �y}� '}�+(�.{}'ln L� .a� Wgry�yyi {S.XA' e..e.. �:. :;: . .. .. � ?' ..?. c.. .1. . ..: .v . . FS;!: - :2..f..< `^^.<` ( . S /f'. 5Y { . . :... . ...Y?.::. :. :S;E�t } . }$L.';:L:. :.�tYCa!:iAv s' .�. : 'l..vd'� 4t' k1J.n..L..kF J:'IS ;r, �. ..:3L� .�\...f'{f!{... «�Y ; ...S::�. X: •�r�,ifT�: I.Sh E'. PEDESTRIAN DETECTOR (F& I) (POLE MOUNTED ) 11 0.7.4133 revel i I 1119111 a ill SYSTEM AUXILIARIES (CCTV CAMERA ASSEMBLY) 4 • 1 A 14 • • • , REMOVE , ASSEMBLY • • • ; REMOVE PEDESTRIAN SIGNAL ASSEMBLY Xi POLE REMOVAL (SHALLOW ) ( BOLT ON ATTACHMENT) sell I REMOVE CONTROLLER ASSEMBLY a a REMOVE VEHICLE DETECTOR ASSEMBLY ' REMOVE PEDESTRIAN DETECTOR ASSEMBLY 9 REMOVE MISCELLANEOUS SIGNAL EQUIPMENT INTERNALLY ILLUMINATED SIGN ( F&I) (STREET NAME ) LIGHTING CONDUCTORS (F&I) (No . 8 TO No . 6) REMOVE LUMINAIRE & BRACKET ARM • • i • • • • ; FIBER OPTIC CABLE t • OPTIC • m • OPTICFIBER ( SPLICEFIBER OPTIC CONNECTION • • 1 • • • • CONNECTION • • • ( PATCH • • • • 2572 . 00 ETHERNET SWITCH I L SIGNALIZATION SUBTOTAL• • a all '.w"i ♦ 4 'YL'v r Nr� eUr r v .. ti a 4... 1 ' r ..., •� Y 3".. ,. ..: x : .:, :. J .t . . a. ..� ... s� �.:. +�i.� S 4 . .t .. ... ...t /. � r. . .. . ... .,n. .,'. N. .YY . I .n. nl. _.LAr :,.4.t . ?. . l ,R �t ♦ ....:... a . .. wY . ,. F BRIDGE r MISCELLANEOUS ASPHALT, PARTIAL ROADWAY 1111 v a ON • • . . . - . . - - . - • • . • - • • 11 . • REINF. STEEL = NEW 8" RAISED SIDEWALK MODIFICATION : ON NORTH SIDE OF BRIDGE :INEW TYPE F CURB , NE CORNER ! • • ■ 1 • • • ■ . • a : . • • : • • • 05 ANCHORAGE OF GUARDRAIL, NW CORNER MCRSQ�� THRIE BEAM , NW CORNER , ■ - - JARDRAIL, NW CORNER SOUTH SIDE; DEMOLITION OF PIPE CRADLES . SOUTH . .BRIDGE ee ® 1 • ■ , MISCELLANEOUS ASPHALT, PARTIAL ROADWAY ;: 11 • ■ SIDEWALK ON • ■OF BRIDGE NEW ALUMINUM PEDESTRIAN RAILING PER INDEX 822 O�N iSOUTH SIDE OF BRIDGE iREINF. STEEL - NEW RAISED SIDEWALK ON SOUTH'SIDE ; OF BRIDGE . 1 1 NEW TYPE F CURB & GUTTER BEYOND BRIDGE ,�SEi • - ' NEW 320 VERTICAL FACE BARRIER WALL- It ME , SW CORNER • - • • ■ - ®® . . "M • • - • & �® • • . • • • x • Mot • • • - ■ 11 - • • • �® • • • • • • • • me t d}.'�eYiY� ✓ .�✓ /✓ / � y 6" a� L � '` T 'i 5}q�A yl 3 '�:•Si"Y'v�c lq. �' • y v � " �.Y N .L ✓' ✓ i " ✓ J . . .. . .. �Yy • .. +.t .../. . .:r. . S.7_:Wir(.i•. x ,FX}^�. ..L ✓ '.i3d< {amu `" _ L �✓ � t�� .?�L b '�!•'. nF `{ � . v � � s✓ - 1 a � '�M�. .l'� "��' `�yq� � . .... ., �T,. «..4'J. . /�i�!..Y ..J.f7ii^�3 .. .. .. .�,®® �i.Y... .AA....AN YSI . .Q! Y!? t ✓.: . :.:.✓.:� ivil.'Cy • • NMI 4 0 womeml •pjlL4jZp1ftkjmb • , �® • 1 • 1 11 BEAM ,ITHRIE • �® 11 • 1 • • . - • • • • 1 1 . : moM • . 1 • 1 • : EMOVEGUARDRAI SWCORNER - - ke • • MISCELLANEOUS CONSTRUCTION 10 28 , 900 . 00 : 1 SEC-. — ' 00454) k N Ilk 941411 =11 JAI r4 :151 : 119116illi • • • • • • MISCELLANEOUS SUB TOTAI • offilm Wt a� R . . . . - f � • 1 1 � � � 1 1 ITEMIZED BID SCHEDULE PROJECT NAME : OSLO ROAD (CR 606) PHASE II ROADWAY WIDENING (43RD AVENUE TO 27TH AVENUE) IRC PROJECT #05331BID #2011018 BIDDERS NAME: DICKERSON FLORIDA , INC . ALTERNATE 'A' 430.961-125 PVC PIPE CULVERT ( 18" SS ) 649 LF 16 . 80 10903 . 20 430-961 -129 PVC PIPE CULVERT (24" SS ) 313 LF 35 . 70 11174 . 10 430-961 - 133 PVC PIPE CULVERT (30" SS ) 181 LF 51 , 50 9321 . 50 Ll 430-961 -133 PVC PIPE CULVERT (36" SS ) . ' 912 LF 73 . 50 67032 . 00 ALTERNATES' 430-991 -125 HDPE PIPE CULVERT ( SMOOTH WALL N-12) ( 18" SS ) 649 LF 15 . 75 10221 . 75 430-991 -129 HDPE PIPE CULVERT (SMOOTH WALL NA2) (24" SS ) 313 LF 26 . 25 8216 . 25 430-991 -133 HDPE PIPE' CULVERT (SMOOTH WALL NA2) (30" SS ) . 181 LF 36 . 75 6651 . 75 430-991 -138 HDPE PIPE CULVERT ( SMOOTH WALL N-12 ) (36" SS) 912 LF 45 . 15 41176 . 80 430-991 -140 HDPE PIPE CULVERT (SMOOTH WALL N- 12) (42" SS ) 1 ,696 LF 57 . 75 97944 . 00 430-991 -141 HDPE PIPE CULVERT (SMOOTH WALL N- 12) (48" SS) 1 ,714 LF 74 . 50 127693 . 00 430-991 -142 HDPE PIPE CULVERT (SMOOTH WALL N- 12) (54" SS) 844 LF 151 . 00 127444 . 00 ALTERNATE 'A' & 'B' BIDS CAN POTENTIALLY BE UTILIZED IN LIEU OF ITEMS IN THE BASE BID, . NOTE : LOWEST RESPONSIVE RESPONSIBLE BIDDER WILL BE DETERMINED BY THE BASE BID PLUS EITHER ALTERNATE 'A' OR ALTERNATE ' Bt, OR ANY COMBINATION THEREOF, THAT IS IN THE BEST INTEREST OF THE COUNTY. . d. . _ _ . . . _ . ,. .._ . ....... D FAPublic W orks\ENGINEERING DIVISION PROJECTSp533-0sio Rd Phase 11 (43rd Ave to 271h Ave)1Admlmlbid documerdsUMIVILMD BID SCHEDULE.bs 00310-11 } 5. 01 Bidder shall complete the Work in accordance with the Contract Documents for the price (s ) contained in the Bid Schedule : A, The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any -column --0f .figures -and -the -ci3rrect -sum -thereof- -will -be -resolved -in favor --of -the -correct sum . Discrepancies between words and figures will be resolved in favor of the words . B . The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so , no action for damages or for loss of profits shall accrue to the Contractor by reason therepf, D , Unit Prices have been computed in accordance with paragraph 11 . 03 . 13 of the General Conditions . 6 . 01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14 . 07 . 8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. Ml The following documents are attached to and made a condition of this Bid : A, Required Bid security in the form of e) B , A tabulation of Subcontractors , Suppliers [and other] individuals and entities required to be identified in this Bid ; 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 ; G . Itemized Bid Schedule 8 . 01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders , the General Conditions , and the Supplementary Conditions . 00310 - Bid Form REV 04-07. doc 00310 - 12 F:\PubJ1CWorWENG1NEER1NG DNISION FROJECTSl0533-0sto Rd Phase 11 (43rd Ave to 27th Ave)Adrrimlbid docunentM00310 - Bid Form REV 04-07.doc SUBMITTED on 20 1� State Contractor License No. - -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 — attach evidence of authority to sign) Name (typed or printed) : Business address : Phone No. : FAX No . : A Corporation Corporation Name : t C, kms, (' �� I� ��r i c�a i t (1 C- (SEAL) State of Incorporation : F l o r i d Type (Gener I Bus ' , Professional , Service , Limited Liability) :�.p B (Si nature ch evidence of authority to sign) Name (typed or printed ) : WR ` >' r • �A L E Title : ( CORPORATE SEAL) Attest (Si nature of Corporate Secretary) Business address : r-fa plek.6 , rL Phone No . : FAX No . : QDate of Qualification to do business is 2 00310 - Bid Form REV 0"Tdoc 00310 - 13 F.\Public WorkS\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)WdmirtMid documents\00310 Bid Form REV D4-07.doc J A Joint Venture Joint Venture Name : (SEAL ) By: (Signature -of joint venture-partner —attach evidence of authority to sign) Name (typed or printed ) : Title : Business address : Phone No. : FAX No . : Joint Venture Name : (SEAL) By: (Signature – attach evidence of authority to sign) Name (typed or printed ) : Title : Business address : Phone No. : FAX No. : Phone and FAX Number, and Address for receipt of official communications : (Each joint venturor must sign . The manner of signing for each individual , partnership , and corporation that is a party to the joint venture should be in the manner indicated above . ) * * END OF SECTION 00310 - Bid Form REV 04-07. doc 00310 - 14 F:\PubhCWorkskENG1NEER1NG DNISION PROJECTS10533-0slo Rd Phase 11 (43rd Ave to 27th Ave)\Admimlbid documents100310 • Bid Forth REV 04-07.doc 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00430 - Bid Bond REV 04-07 . doc Rev. 05/01 BI ® BOND Travelers Casualty and Surety Company of America Hartford , CT 06183 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Dickerson Florida, Inc. Travelers Casualty and Surety Company of America P.O. Box 910 One Tower Square Fort Pierce, Florida 34954 Hartford, Connecticut 06183 OWNER: (Name, legal status and address) Indian River County Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 BOND AMOUNT: Five percent (5 %) of the amount bid. PROJECT: (Name, location or address, and Project number, if any) Oslo Road (CR 606) Phase Il Roadway Widening (43RD Avenue to 27TH Avenue) Bid Number 2011018 Indian River County The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein . The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either ( 1 ) enters .. into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety ' s consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor' s bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein . When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond . The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 edition 1 Signed and sealed this lith day of March 2011 Dickerson Flo Oda, Inc, ( incipa1 (Seal) ` WY �E it less) (Title) � s IGEN j Travelers sualty and Surety C pa f America (Surety) Karen K Beard, Attorney-in-Fact (Seal) Attorney-in-Fact and Florida Licensed Agent (Witness) (Title) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 edition 2 WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ 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 . 215729 Certificate No . 0 0 3 6 9 7 5 8 2 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 Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut , that United States Fidelity and Guaranty 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 Karen K. Beard, and Wallace N. Hyde of the City of Asheville State of �C—$ivliil^ their true and lawful Attomey(s)-in-Fact , N01=trt each in their separate capacity if more than one is named above , to sign , execute , seal and acknowledge any and all bonds , recognizances , conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any- actions or proceedings allowed by law. IN WITNESS WHEREOF , the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed , this 5th day of December 2006 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 uTy p\RE 6 AM IMS :�" U •,.T1 ANp Y � I,SU,�� aM„' • � �� .y ��.........,G,➢ f�P ,........ R� yJ aG g,�N'n sugRpc �� '4tD HARTFORD, 4 IV r pPFQ41� jL C�`i- rt• t� >P �tpN GORE >f�i �IC�:' RPORA '�n� �P T p o tin NORATEp � r n W : co re';^ `f m 577 T! I t Z ; 1977 1951 y : SEAL .) '- meEAL a° CONN. q% So cow e m .P wi•m S . AM�J S "�' t t •� State of Connecticut By : City of Hartford ss . /George& Thompson , enior ice President On this the 5th day of December 2006 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 , 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 . V w My Commission expires the 30th day of June , 2011 . `��$ Marie C . Tetreault, Notary Public 58440-4-09 Printed in U . S .A. WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER r SECTION 00452 SWORN STATEMENT UNDER SECTION 105 . 08, INDIAN RIVER COUNTY CODE , ] ON DISCLOSURE OF RELATIONSHIPS QTHIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . I . This sworn statement MUST be submitted withBid, Proposal or Contract No . 2011018 for Oslo Road (CR 606) Phase II Roadway Widening (43 rd Avenue to I27 1h Avenue) This sworn statement is submitted by: i� i e _ kP . f 5a n 0 or I G . � n G (Name of entity submitting Statement) whose business address is : 1 4 )� 6 4 0 r V Lfccl 3 . My name is 1 w y T - � d 1 -9 (Please print name of individual signing) and my relationship to the entity named above is I ES I D ,; N I 4 . I understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code, means : The term " affiliate" includes those officers, directors, executives, partners , shareholders , employees, members, and agents who are active in the management of the entity. 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild . 6 . Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies . ] V 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-\Fihlie Wnrla\ENGINFERING nivi..gmN PRn, 19:CT51n6'tinei^ De Ohmem 11 ieo.w n..- 6- rnw . . .-w w ._:.. w .__ .___._, .... A �- ..._ _. _ _. ._ _ . . SECTION 00452 Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) (Date) STATE OF I Of- 'I da COUNTY OF The foregoing instrument was acknowledged before me this day of t1 � G CD , 20 L by LR Q Q `�1 `r• IA L E who is personally known to me or who has produced as identification, ( NOTARY PUB C SIGN : PRINT : Notary Public, State at large My Commission Expires : ANTOINETTE PETERSON (SeaNOTARY PUBLIC STATE OF FLORIDA Comm# EE026292 *Expires 9/29/2014 - - -- - -.. ._ - -. . 00452-2 JSECTION 00454 = Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ( " BIDDER@') , OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 , This Sworn Statement is submitted with Project No . 0533 for Oslo Road (CR 606 ) Phase II Roadway Widening 2 , This Sworn Statement is submitted by a - C . (Legal Name of Entity Submitting SwornStatement) hereinafter " BIDDER" . The BIDDER's address is BIDDER's Federal Employer Identification Number ( FEIN ) is - b 3 . My name is L A 9q T. nA L6 and my relationship to the BIDDER (Print Name of Individual Signing) IS P��S I D E� t� T (Position or Title) I certify, through my signature at the end of this Sworn Statement , that I am an authorized representative of the BIDDER . 4 , The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553 . 60 et. seg , Florida Statutes and refer to the applicable Florida Statue(s ) and/or OSHA Regulation ( s ) and include the " effective date" in the citation (s ) . Reference to and compliance with the applicable Florida Statute (s) and OSHA Regulation (s ) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards , 6 . The BIDDER has allocated and included in its bid the total amount of $ 3 �� • 00 based on the linear feet of trench to be excavated over five (5) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method (s ) of compliance on this Project: 05LOPi Ir The determination of the appropriate method (s ) of compliance is the complete and sole 91 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 mpliance 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 Shdring - to 'be used for compliance wli h s bffng safety requirements and intends to comply with said shoring requirements by instituting the following specific method ( s) of compliance on this Project: 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 271h Ave)\Admlm\bid documenls\00454 - Florida Trench SafetyAct - REV 04- 07 .doc The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose . The OWNER and - -ENGINEER -sball - have -no -responsibility -to -review -or --checkthe BIDDER 's - compliance with the Trench Safety Standards . 8 . The BIDDER , in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that, based on such information and the BIDDER's own information , the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s ) for the Project. I BIDDER : , jar By: awn �? . (Ll Position or Title: Date : 3 STATE OF f' I Or i COUNTY OF z + . Personally appeared before me , the undersigned authority, AUq T- ML L who after first being sworn b me , affixed his/her siginature in the space provided above on this day of , 20 . ANTOINETTE PETERSON Mota Public, State a large NOTARY PUBLIC My Commission Expires : STATE OF FLORIDA Comm# EE026292 Expires 9/29/2014 " * END OF SECTION 00454 - Florida Trench Safety Act - REV 04-07 .doc 00454 - 2 F:xPubfic WorksIENGINEERING DIVISION PROJECTS0533-Osio Rd Phase 11 (43rd Ave to 271h Ave)Wdmim\bid documents\00454 - Florida Trench Safety Act - REV 04- 07.doc �.J SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON- RESPONSIBLE BIDDERS . -- -- UNDER -PENALTY OF "PERJURY;-the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No : 0533 Project Name : Oslo Road (CR 606) Phase II Roadway Widening (43`d Ave to 27"' Ave ) 1 . Bidder's Name / Ad ress0 2 . Bidder's Telephone & FAX Numbers : 7 3 . Licensing and Corporate Status : a . Is Contractor License current? - S b . Bidder's Contractor License No: G G C �� 7 qT_ [Attach a copy of Contractor's License to the bid] c. Attach documentation from the ' State of Florida Division of Corporations that indicates the business entity' s status is active and that lists the names and titles of all officers . 4 . Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 5 . What is t e last project OF THIS NATURE that the firm has completed ? 6 . Has the firm ever failed to complete work awarded to you ? A/Q [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which the firm failed to complete the work . ] 7 . Has the firm ever been assessed liquidated damages ? N 0 [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed . ] 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations? J_ [ 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 . ] in 00456 00456 - Qualifications Question naire.doc - I F :\Public Worcs\ENGINEERING OMSION PROJECTS\0533-0sio Rd Phase 11 (43rd Ave to 27th Ave)\Admlm\bid documents\00456 . Qualifications Questlonnaire.doc 9 . Has the firm ever been charged with noncompliance of any public policy or rules ? —tom_ [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number - --for-each -project .] - --- - . . . . .. . _. . . . __. . . . . .. . . . . . ... . . . 10 . Attach to this questionnaire , a notarized financial statement and other information tht documents the firm 's financial strength and history . WI L [. 5 �f�L� � 11 . Has the firm ever defaulted on any of its projects? c_ A/EC �SSA� [ if your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which a default occurred . ] 12 . Attach a separate page to this questionnaire that summarizes the firm 's current workload and that demonstrates its ability to meet the project schedule . 13 . Name of person who inspected the site of the proposed work for the firm : Name : 0.40. Date of Inspections : 14 . Name of on-site Project Foreman : f ,V 1 t, t,. Number of years of experience with similar projects as a Project Foreman : 15 . Name of Project Manager: ()J I L L Number of years of experience with similar projects as a Project Manager: 16 . State your total bonding capacity: 100 I Oct , 000 17 . State your bonding capacity per job: 0 i DOD d OO 18 . Please provide name , address , telephone number, and contact person of your bonding company: E `T'`� A �E �IC` � , l-� �Z �50� � flyiklnx [The remainder of this page was left blank intentionally] to VD 00456 - 2 00456 - Qualifications Questionnaire.doc F:\Public WorkMENGINEERING WISION PROJECTS%0533-0sio Rd Phase 11 (43rd Ave to 27th Ave)V.dmffftid documents\00456 . Qualifications Ques6onnalre.doc =3 =3 EM EM ISMI EMS EM ZEN I .:r. emlid 19 . Complete the following table for SIMILAR projects : Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Tele hone Number Amount Amount n, -/PJ arco ' c; 00456 - Qualificatlons Questionnaire. doc 00456 - 3 PAPuhlir Wnrlr6FNA1NFFPW(C n1VIRInN PPn IFf:TR1f15'i3-ncln Rd Phaco 11 (Alai Ava In 971h Ava %lArirrim\hid A�umonlc=ASR _ Aisniifir linnc nnaelinnnira rl r DICKERSON FLORIDA , INC . change order lob # Description Owner Contact Person Type of Work Engineer Original Final Date amount Name & Phone Price Price Completed St Lucie County 2300 Virginia Av. Ft. Pierce, Diana Lewis (772) Airport Runway 3446 RW 9L-27R Parallel TW SY FL 34982 462- 1732 Construction PBS&J 5 ,736 , 919 53738 ,291 4/30/2009 1 , 372 FDOT 3601 Oleander Ave . Ft. Pierce , FL Carolyn Gish (772) Mill & Resurface Interstate 3480 SR 9 195 FDOT Martin Co 34982 489-7081 195 Boyle 10 , 277 , 000 12 , 134 , 369 5/11 /2009 11857 , 369 FDOT 3601 Oleander Ave. Ft. Pierce , FL Carolyn Gish (772) 3485 SR 70 FR A PT W McCarthy34982 489-7081 Mill & Resurface SR 70 H .W. Lochner Inc 21320 , 345 21065 , 149 4/30/2009 (255 , 196) Kolter Property 9700 Reserve Blvd , Port St. Bob Fromm (772) 3487 Crosstown & Commerce Lucie , FL 34986 429-3505 Asphalt Paving Boyle 996 ,490 1 , 122 , 817 n/a 126 , 327 Martin Co 2401 SE Monterey Rd . Stuart, FL Don Donaldson 3490 Turn Lane High Meadow 34996 (772) 288-5927 Construct & Pave Turnlane Martin Co 331 , 304 277 , 766 3/31 /2009 (53 , 538) St Lucie County 2300 Virginia Av. Ft, Pierce , John Frank (772) 3491 Verada Ditch FL 34982 462-2097 Re-slope & Matt Canal Miller Legg 11797 , 651 11797 , 651 7/31 /2009 - St Lucie County 2300 Virginia Av. Ft. Pierce , John Frank (772) 3492 Calmoso Culvert I FL 34982 462-2097 Re-slope & Matt Canal Miller Legg 329 , 992 329 , 992 1 7/31 /2009 - \\Sbs01 \Data\Company\Estimatinq\Design Build Projects\references - comoleted oroierts . xlGx DICKERSON FLORIDA , INC . Martin Co 2401 SE Monterey Rd . Stuart, FL Don Donaldson Mill & Resurface 3497 Martin Downs / Matheson Int 34996 (772) 288-5927 Intersection Kimley Horn 1873803 224 , 735 7/31 /2009 367932 Martin Co 2401 SE Monterey Rd . Stuart, FL Don Donaldsop 3903 SW 69th Street - Pervious 34996 (772) 288-5927 Asphalt Paving Martin Co 126 , 472 124 , 648 8/31 /2009 ( 1 , 824) FPL 6501 S . Ocean Dr. Jensen Beach , Wyatt Jenkins 3442 Drainage Improvements - FPL FL 34957 wJenkins@fpl . com GZA GeoEnvironmental , Inc. 1 , 346 , 200 20361 , 284 9/30/2007 11015 , 084 FPL 6501 S. Ocean Dr. Jensen Beach , Wyatt Jenkins 3461 Haul Path FL 34957 w-jenkins@fpl . com GZA GeoEnvironmental , Inc. 159 ,499 759 , 617 11 /30/2007 600 , 118 FPL 6501 S. Ocean Dr. Jensen Beach , Wyatt Jenkins 3430 Soil Improvements - ISFSI FL 34957 wJenkins@fpl . com GZA GeoEnvironmental , Inc. 5 , 700 , 000 419573048 11 /30/2006 (742 , 952) Okeechobee Co 304 NW 2nd St. Okeechobee , FL Jim Threewits (863) 3463 Okeechobee Airport Runway 34972 763-4458 airport runway construction Avcon 11278 , 211 1 , 701 , 050 2/28!2008 422 , 839 St Lucie County 2300 Virginia Av. Ft. Pierce, Mike Powley (772) 3454 1 Prima Vista FL 34982 462- 1707 1 1 21414 , 087 21694 , 865 3/31 /2008 280 , 779 USbs01 \Data\Company\Estimating\Design Build Projects\references - completed prolects . xlsx zioion I a N II w<�n. y .. e `.v '°'l rv2 +r�id'A �� _7L � ev 1. ":- ti j(.:e:•l ..:. A Y ' } I.:i . W Y � Y" r 1 ( �kiL�' �$��1."�A.v�$Tt + .�.o..°�s -�.'� � (�I�R�F4�~_l^41�'�� ]di�M�IP��..—i. rva.—Ltd4Yi+�+ �y1i£:i ^. 'd+" 31: Ym>d;it.`x4�`' .�L't"vdGri�rsl .¢'l +�y.' .,,ill • , .E�id Project Name Client/Contact Info Start-End Dates Protect Cost Description Soil Improvements - FPL 6501 S . Ocean March 2006- $4 , 957 , 048 .00 Excavation of unsuitable soils over a 3. 5 acre site to depths of 15+ ISFI Dr. Jensen Beach , Nov 2006 ft and placement of soil compacted to meet FPL specifications . FL 34957 Geogrid reinforcement placed at perimeter of excavation for entire depth . We offered an alternate soil from a local mine operated by us at a considerable savings , which was accepted . Unique features of the site caused great concern for the ability to dewater and place the soil in dry conditions . Our innovative approach used 34 wells 50' deep surrounding the perimeter of the excavation successfully dewatering the site allowing us to deliver the pad ahead of schedule earning a full early completion bonus . Drainage FPL 6501 S . Ocean Sept 2006 - $2 , 361 , 284 . 00 Installation of manholes and pipe , drainage basin , headwalls and Improvements Dr. Jensen Beach , Sept 2007 grassing for the Spent Fuel Storage Pad drainage . Work was FL 34957 coordinated with many other trades . A quality product was delivered ahead of schedule earning a full early completion bonus . Haul Path St. Lucie FPL 6501 S . Ocean July 2007 - Nov $759 , 617 . 00 Connected the plant with the Spent Fuel site with a heavy haul Nuclear Plant Dr. Jensen Beach , 2007 path . Construction consisted of grading , base , asphalt paving . FL 34957 Coordination with plant security to create the tie in from the Nuclear Plant to the Spent Fuel Storage site. Soil Improvements - FPL 9760 SW 344th Nov 2009- $3 , 669 , 091 . 00 Excavation of approximately 69 , 500 cubic yards of unsuitable soil , ISFSI Turkey Point St. Florida City, FL Ongoing the placement of approximately 32 , 000 cubic yards of #57 stone Nuclear Plant 33035 and 98 , 000 cubic yards of general fill meeting FPL specifications . Excavation was to the surface of the existing Miami Oolite Limestone layer found at an average depth of -3 . 5" . #57 stone was placed and rolled to elevation +2' approximately one foot above the water table , filter fabric was placed and general fill compacted over the #57 stone . Geogrid is being placed adjacent to the canal. The work is ongoing and slightly ahead of schedule . • • 0 Project Name Chent/Contact Info StartEnd Dates Project Cost Description J r Lakeside Ranch South Florida Water May 2009- $ 15 ,475 , 000 . 00 Construction of a 1200 acre above ground Stormwater Treatment STA North Mgmt District John Ongoing Area includes clearing , excavation , embankment, storm drainage Creswell 2101 and construction of poured-in-place concrete control structures . ' Centrepark West Dr. Suite 110 , WPB 33409 SR AIA - St. Lucie FDOT Carolyn Gish , Dec 2006 - Dec $20 , 122 , 115 . 00 7 miles of milling & resurfacing , low level bridge replacement, County P . E . 3601 Oleander 2008 bridge widening , road widening , shoulder construction , sidewalk, Ave . Ft. Pierce, FL guardrail & grassing 34982 1-95 - Martin County FDOT Carolyn Gish , July 2008 - May $ 123134, 369 . 00 13 miles of milling & resurfacing , sign replacement, exotic t P . E. 3601 Oleander 2009 vegetation removal & landscaping Ave . Ft. Pierce , FL 34982 SR 70 - St. Lucie FDOT Carolyn Gish , June 2007 - $29 , 653 , 313 .29 Construct 2 new travel lanes to produce a 4-lane divided rural rr^ ; County P . E. 3601 Oleander April 2010 section approx 4 miles . Includes construction of 12' Shared-Use gyp; Ave. Ft. Pierce, FL Path , construction of 2 new highway bridges and 1 dry bridge , 34982 guardrail , drainage , striping and signs . a 1 [NOTE : If requested by the County, the Bidder shall furnish references, and other information , sufficiently comprehensive to permit an appraisal of its abilities as a contractor. By �1 NA (Signature ) 3 ( Position or Title) ► il, � ( Date ) * * END OF SECTION 00456 - Qualifications Questionnaire.doc W456 - 4 FAPublic Works%ENGINEERING DIVISION PROJECTSt0533-Oslo Rd Phase It (43rd Ave to 27th Ave)\Admimtbid documenls100456 - Qualifications Questionnaire.doc } SECTION 00458 = List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one- half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor . After the opening of Bids , --- -changes -or substitutions -will not - be --aHowed -untess -approved -by Indian - River County after -a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 0533 for Oslo Road ( CR 606 ) Phase II Roadway Widening (43`" Ave . to 27 h Ave . ) . Work to be Performed Subcontractor's Name/Address 2 . 3 ' 4 . 5 . 6 . 7 . 8 . 9 , 10 . 11 . 12 . 13 , 14 . 15 , 16 , 17 , Note : Attach additional sheets if required . * * END OF SECTION Mn 00458 - List of Subcontractors REV 04-07 .doc 00458 - 1 F:1Public Woft\ENGINEERING DIVISION PROJECTS0533-0slo Rd Phase 11 (43rd Ave to 27th Ave)Wdmtmlbid documents=458 - List of Subcontractors REV 04-07.doc Subcontract Bond Cost Company Name Contact Phone Amount Percent SPS Contracting Sheltra, Ray 11677 , 690.03 37 .39% ' Signal Group Inc. , The Higginbotham, Rob (561 ) 744-3206 Ext 33 238 ,439.45 5.31 % / Cornerstone Businesses Inc. Winsbro, Ken (813) 715-0808 220541 .00 0. 50% Gene's Striping Vandgrift, Gene (772) 464-9737 39 ,452. 18 0.88% / Sheltra & Sons Construction Pluswick, John (772) 597-3180 ext 15 78 ,057.25 1 .74% I Highway Technologies Goff, Mike (561 ) 262-1036 12,782.80 0 .28% Florida Silt Fencing , Inc. Devane, Joelle (386) 775-3774 153891 .40 0.35% Aerial Innovations Inc. Smith, Jenny (813) 254-7339 10020.00 0 .02% Traffic Control Products of Florida Inc. Richards, Lynn (813) 621 -8484 51648 .00 0 . 13% / Walkup Fence Co. Inc. Wilson, Billy (352) 591 -1114 311672.00 0.71 % / Robert Guettler Sod Guettler, Robert (772) 370-5222 50 ,400.00 1 . 12% / Tree Movers Inc. Gurley, Tom (888) 364-5240 45, 908.00 1 .02% / Roadway Specialty Devices Inc. Price, Gordy (813) 626-9032 36,830.92 0 .82% . vW ' - �: r•..�+ s�a4 "„�(T3 *w.�' `s iz � _ �� i.,i h s _ .7 ' .. i � � 3 s ' z��< Number of Vendors 0 Total Vendor Amount % of Target Price Company Name Contact Phone Amount Percent 3/1112011 12:37 PM Copyright© 1989-2009 Hard Dollar Corp. All Rights Reserved. 3 of 3 Indian River Count Purchasing Division A 1800 27th Street Vero Beach , FLS 32960 , Phone (772) 2264986 Fax (772) 770-5095 LORI ADDENDUM NO. 1 Date : February 22, 2011 Project Name : Oslo Road (CR 606) Phase H Roadway Widening (43rd Avenue to 27th Avenue) BID NO . 2011018 PROJECT No. 0533 Bid Opening Date : The Bid Opening date Wednesday March 2 , 2011 at 2 : 00pm is hereby amended to Friday March 11 , 2011 at 2 : OOpm A Pre-Bid Conference was held on February 9, 2011 at the Indian River Administration Building. Minutes will be included with this addendum . 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 questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department 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 ( 10) calendar days prior to the date for opening of Bids shall not be answered (Deadline March 1 , 2011 by 5 : 00pm). Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 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 Page I of 3 F:IPubfec Workc{ENGINEERING DI VISION PROJECTS10533-Oslo Rd Phase 11 (43rdAve to 27th Ave)L4dmimL4DDENDUMSL4ddendum G. doc o CLARIFICATIONS / CORRECTIONS : 1 ) The 6, 500 cubic yards of the excavated material from Pond 200 originally proposed to be placed on the Indian River Federal Credit Union site and the 10 ,000 cubic yards of the excavated material from Pond 200 originally proposed to be placed on the Elwill Associates, Inc. site shall be amended to not be placed on the two above sites. This material is hereby amended to be included in Line Item 120- 1 , EXCAVATION REGULAR. 2) IRC Utility services : a) Any service under pavement shall be placed in larger sized conduit sleeve . Any service extensions shall be constructed by replacing the entire polyethylene service from the water main to the new meter location. (No splicing permitted). The cost shall be included in Line Item 1645 - 800 WATER METER (RELOCATE) b) Prior to construction all valves shall be located by GPS and properly mapped out. The cost shall be included in Line Item 108- 1 AS -BUILTS c) All valves shall be maintained and accessible during construction. d) As-builts of the utilities shall be completed and approved prior to any testing (pressure , bacteriological , etc.) . The cost shall be included in Line Item Line Item 108 - 1 AS -BUILTS e) Pressure and/or bacteriological testing shall be included in all utility stub outs . f) The cost for the sampling points on the utility lines shall be included in the cost of the pipe. Also included in this cost and the responsibility of the contractor is the jumper for filling, pressure test, chlorination, filling, flushing, bacteriological testing, etc. 3 ) All phases of the Maintenance of Traffic (MOT) plan shall be submitted for review and approval by the Engineering Division. The MOT does not have to be certified by an engineer. 4) BRIDGE MODIFICATION — The existing pedestrian pole and signal box located at he northwest corner of the bridge will be re-located by the county prior to construction. 5) All planted trees and other plantings shall be guaranteed for 120 days after planting . The contractor must take due care to assure the plantings survival . 6) Line Item 630- 1 - 12 CONDUIT (F&l) (UNDERGROUND) (2" PVC) shall include two — two inch (2") conduits to be placed in the same trench. The price per linear foot includes the two conduits. 7) At approximately Station 194+50 , a bus turnout is shown on the plans (see Sheet 18 ) . At that location, south of the proposed 8 foot wide sidewalk a 6 . 5 foot by 15 foot — 8 inch thick concrete pad is shown. The Bus Shelter shall not be included in the contract. 8) The contract will not require the contractor to pay rent for the use of the Cumberland Farms building (site office) . However, utilities will be paid for by the contractor. 9) The contractor is responsible to remove the existing building as indicated on the plans (Sheet 16) . There is no asbestos report done for this building. Page 2 of 3 R IPubUe WorkslENGINEERING DIVISION PI?OJECTS)0533-Oslo Rd Phase H (43rd Ave to 27th Ave)lAdmimIADDENDUMSt4ddendum ## doe 10) The contractor does not have to be a FDOT Qualified Contractor to bid this project. 11 ) No additional survey is available on the types of trees to be removed or re- located except as indicated on the plans . 12) The contract does not require TVing or laser profiling of the drainage system. ATTACHMENTS : 1 . Pre-bid Meeting Minutes, February 9, 2011 * * * * * * * * * * * * *This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * ADDENDUM NO . 1 is submitted by Mic ael D. Nix , P.IEK, Roadway Production Manager and I Je& Da ' , Purchasing Manager Company Name I ('. Kf ('b (1 Eloc ► c� a-i n C� , Name : �. ( t " ( v� _ Title : ( Type / Printed) Authorized Signature: Date : ll Telephone : �T70 • r • y � Fax : Page 3 of 3 F:1Public workstENGINEERING DIVISION PROJECTSI0533-Oslo Rd Phase II (I3rdAve to 271h Ave) L4dndmIADDENDUMS1Addendum #I.doc 4 Bard of County Commissioners 180127th Street Vero Beach, Florida 32960-3365 Telephone: (772) 567=8000 Fax: (772) 778-9391 PRE - BID MEETING MINUTES FEBRUARY 9 , 2011 , 2 : 00 PaMe INDIAN RIVER COUNTY ADMINISTRATION BUILDING Room B1 - 501 Building B Project Name : OSLO ROAD (CR 606 ) PHASE II ROADWAY WIDENING (43R1) AVENUE TO 27TH AVENUE ) INTRODUCTIONS / SIGN IN SHEET ATTACHED All attendees in the room introduced themselves. All attendees were asked to sign in . A copy of the sign in sheets will be included in the minutes . CONTRACT DETAILS Bid opening : Wednesday , March 2 , 2011 at 2 : 00 PM Contract time: 330 days to substantial completion (Roadway open to traffic) 360 days to final completion Estimate : $5 , 500 , 000 . Liquidated Damages: $2 , 514. 00 per day The Notice to Proceed is anticipated to be issued April 2011 PROJECT CONSULTANTS INTRODUCTION: Kim ley-Hom and Associates, Inc. (Roadway) Bridge Design Associates, Inc. (Bridge Modifications) PROJECT DESCRIPTION: The project consists of widening Oslo Road to a five-lane configuration from 43` d Avenue to 27th Avenue. The project will also include extensive piping for drainage, curbing , and a traffic signal replacement at 27th Avenue , signing and marking , stormwater treatment ponds, utility relocations minor landscaping and a bridge modification at 43"' Avenue , CORRESPONDENCE/LINES OFAUTHORITy Communications concerning this bid shall be directed to IRC Purchasing Division at purchasingQ) ircgov. com . ISSUES DISCUSSED • FPL — Remaining power pole east of 271h Avenue is scheduled to be relocated in March 2011 ® IRC Utilities - utilities adjustments are built into this project. • Indian River Farms Water Control District. - Contact David Gunter, Manager to coordinate activities in their right-of-way • All other utilities will have to be coordination with the utility owners . F :Tubk Wor&ENGINEERING DIVISION PROJECTS .0533-0slo Rd Phase 11 ( 43rd Ave to 27th Ave)1Adinint'_\IEETINGS1Pre-bid meeting minutes 9- 1Ldoc • Maintenance of Traffic: o Contractor shall submit a Maintenance of Traffic Plan to Indian River County , Engineering Division for approval . o Access for all businesses and residences shall be maintained at all times . o Traffic shall be maintained at all times — Oslo Road o The Maintenance of Traffic Plan shall meet the FDOT Index 600 , 2010 edition ® The County will be removing the existing fuel tanks and canopy at the former Cumberland Farms convenience store located on Oslo Rd . at 27th Ave. This work is planned to be completed by March 1s`, 2011 . At that time , FPL will be completing their utility pole relocates. The Contractor will then be using the building as a construction office for this project. The Contractor will be required to transfer the utilities out of the County's name and into the Contractor's name . The Contractor will also provide phone lines and internet services for County inspectors. See Section 109 — Field Office of the Technical Specifications, Contact Terry Smith Manager, Telecommunications Division 226- 1318 The site may be used for storage . Fencing and security is the responsibility of the contractor. • POND 200 STORMWATER FACILITY — The Contractor shall construct the pond facility in accordance with the plans and specifications . In addition , the Contractor shall place and spread the excavated soil material from the pond site to specific locations near the pond site as directed by the County. In accordance with a Developer's Agreement between Indian River Federal Credit Union , Elwill Associates , Inc. and Indian River County, approximately 6 , 500 cubic yards of the excavated material shall be placed on the Indian River Federal Credit Union site and approximately 10 , 000 cubic yards of the excavated material shall be placed on the Elwill Associates , Inc. site . Both sites lie east and adjacent to the drainage access easement for the proposed Pond 200 site . See Section 120 — Excavation and Embankment of the Technical Specifications . Discussions on the availability of the two sites were done. The actual placement of the material will be addressed in Addendum No . 1 . • Alternate Bids A & B - Piping The County reserves the right to use the Alternates , A & B in lieu of piping in base bid . • All signal equipment removed shall remain the possession of Indian River County. • Erosion Control — Contact Todd Tardif, Sr. Stormwater Inspector/ Enforcement Coordinator. 226- 1564 • Review the plans and bid documents as soon as possible to allow time to address any questions or comments, no further comments will be considered 10 days prior to the bid opening . Any time extensions will be addressed in Addendum #1 . Comments -- Brian Good with Kimley- Horn and Associates , Inc. • Embankment - there will be excess material to be removed from the site. • Line item for the 2-2" conduit includes the cost for both pipes . • Vero Ministorage sign as indicated on the plans may include power and is to be relocated by the contractor. o Actual location is to be coordinated with the property owner by the contractor. o County will coordinate wind load and permit issues with the Building Department. • Security gate and fence as indicated on the plans shall be moved back 20 to 30' . Actual location is to be coordinated with the County and property owner by the contractor. • There is some sub soil excavation involved in the project. See line item . • There is a bus turn out included in the plan . The future bus shelter pad is not included in the contract. F :1Public WoTU ENGINEERING DIVISION PR0.IECTS`.0533-0slo Rd Phase 11 ( 43rd Ave to 271h A%,eYAdinimlA.ILG'f[NGS1Pre-hid meeting minures 2-9- 11 .doc Comments — Bryan Rheault with Bridge Design Associates , Inc. 9 An existing pedestrian-pole and box on ,the NW side of the 43rd Street Bridge will be re- located by the County. Comments Michael Hotchkiss with Utilities service o Any service under pavement shall be placed in larger sized conduit sleeve. Any service extensions shall be constructed by replacing the entire polyethylene service from the water main to the new meter location . ( No splicing permitted) . The cost shall be included in Line Item 1645-800 WATER METER ( RELOCATE) o Prior to construction , all valves shall be located by GPS and properly mapped out. The cost shall be included in Line Item 108- 1 AS-BUILTS o All valves shall be maintained and accessible during construction . o As-builts of the utilities shall be completed and approved prior to any testing (pressure , bacteriological , etc. ) . The cost shall be included in Line Item Line Item 108- 1 AS-BUILTS o Pressure and/or bacteriological testing shall be included in all utility stub outs. o The cost for the sampling points on the utility lines shall be included in the cost of the pipe . Also included in this cost and is the responsibility of the contractor is the jumper for filling , pressure test, chlorination , filling , flushing , bacteriological testing , etc. Y Utility services included in contract ® Locate all water Valves to the As-Builts a As- builts and pressure tests are required before Bacterial Testing Discussions ® MOT is it certified by engineer? Will be addressed in Addendum # 1 Trees must be guaranteed for 120 days , Contractor must take due care for survival . Meeting was adjourned Attachment : Sign in sheet. F:Tublic Wor6'NE;NGINEEFJNG DIVISION PROJECTS\(1333 -Oslo Rd Phase TI (43rd Are to 2:th A%je )% Admin(.>4EETEgGSl.Pre-bid meeting minutes 2-9- 1 / .doe PRE - BID MEETING SIGN4N SHEET INDIAN RIVER COUNTY ENGINEERING / ROADWAY PRODUCTION OSLO ROAD PHASE II ROADWAY WIDENING (43 " AVENUE TO 27TH AVENUE) FEBRUARY 9 , 2011 NAME COMPANY & ADDRESS PHONE # / FAX # / CELL # EMAIL ADDRESS ► � �� cher �t43rlec� 30cnlr�5 Co 7 ? 2 . - . ._�s (Q `7 -7z - 44 1 - 'Ft - SUS p �� R-• 33� 3a A'fy 77a - •33G - 0 Y} �V71 )CkJ\A LZ ` h � � `t ' —M - -714 -- y. I � v `0 n . KtTK� r cz d AOL �7 ) 1 -429 - 94 Lm ;, dam . 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'Y .a Y , r '.) >� . ? t S1 . r,'b` (' `l. •' >S ,3.tG `YJ ,r , ) 4.'Ud11� lir (,_r^ t r ..,^ r. 7 �>1.. .} .}�,il [ ! 'i_:� J'.: 7 , r+ ,., 1 , i , J . .j, IL1 '.. ar J ,J I •- ; i ` F . rt ,, t '.t .4 �„�y�.�`Y-' ' '` ♦ r�r.,-, . � � rj-ti>" ..y�� '�l� Lkkk�>4.5 . . ... . � 1 .. � .,�: .. 'i . . L . - . : � , )' .. . J • ttt� , : ) T , i 's. J' f ' }vyl L , /, ti2 ,J� lr �la:; IJ� t+Jr m State Of " Floriaa Department of° S'tate I certify from the records of this office that DICKERSON FLORIDA , INC . is a corporation organized under the laws of the State of Florida, filed on March 22 , 1982 , The document number of this corporation is F72845 . I further certify that said corporation has paid all fees due this office through December 31 , 2011 , that its most recent annual report was filed on February 11 , 2011 , and its status is active . I further certify that said corporation has not filed Articles of Dissolution . Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Eleventh day of February, 2011 - � =- Secretary of State � V� Authentication ID : 700193987037-021111 -F72845 ]� ^ To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. httpso //effle. sunbiz. org/certauthver. html 2011 FOR PROFIT CORPORATION ANNUAL REPORT FILED Feb 11 , 2011 DOCUMENT# F72845 Secretary of State Entity Name : DICKERSON FLORIDA, INC . Current Principal Place of Business : New Principal Place of Business : 3122 NORTH 25TH ST FT PIERCE, FL 34946 Current Mailing Address : New Mailing Address : PO BOX 910 FT PIERCE, FL 34954 US FEI Number: 56-1327509 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired (X) Name and Address of Current Registered Agent : Name and Address of New Registered Agent: DALE , LARRY T 3122 NORTH 25TH ST FT PIERCE , FL 34946 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both , in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS : Title : P Name : DALE , LARRY T Address : 3122 N 25TH ST City-St-Zip : FT PIERCE, FL 34946 Title: VPS Name: BARRILE, BERNARD Address : 421 DEWBERRY TERRACE City-St-Zip : JENSEN BEACH , FL 34957 Title : VP Name: BAILEY, MICHAEL G Address : 3916 58TH CIRCLE City-St-Zip: VERO BEACH , FL 32966 Title : VP Name: CAMERON, CHARLES H Address : 688 SW HIDDEN RIVER AVE. City-St-Zip : PALM CITY, FL 34990 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath ; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607 , Florida Statutes ; and that my name appears above, or on an attachment with all other like empowered . SIGNATURE: LARRY DALE P 02/ 11 /2011 Electronic Signature of Signing Officer or Director Date RPT - PC0013 DALE Status of Contracts on Hand PAGE - 1 Dickerson Florida , Inc . CPC - Construction Cost / Revenue ( 1 ) 8 . 17 02 / 15 / 11 - Uncompleted Amt . To Be Done - Job # Description Contract Amt . Sublet Amt . Contract Bal . As Prime As Sub X25 DFI - SHOP OVERHEAD P 1 . 00 1 . 00 1 . 00 V30 TRUCK / HAUL OVERHEAD ACCT . P 1 . 00 1 . 00 1 . 00 4- 2000 QUALITY CONTROL COSTS P 24 . 00 24 . 00 24 . 00 X2010 PRIME , TACK , RENT , HAUL , ETC P 284 . 68 284 . 68 284 . 68 2200 MATERIAL TESTING P 1 . 00 1 . 00 1 . 00 3494 LAKESIDE RANCH STA NORTH P 15 , 164 , 872 . 72 91501 , 813 . 75 516631058 . 97 2 , 8120824 . 73 3499 BECKER RD PH II SEG 2 P 41698 , 394 . 07 1 , 750 , 288 . 27 21948 , 105 . 80 2970252 . 63 3901 BLUE HERON & LITTLE LAKE S 11518 , 098 . 44 241 , 329 . 71 1 , 276 , 768 . 73 11057 , 319 . 74 3904 MANATEE POCKET DREDGING P 11 , 009 , 750 . 10 6 , 5071740 . 34 4 , 502 , 009 . 76 11603 , 540 . 74 3911 FDOT PUSHBUTTON P 600 , 016 . 13 10 , 635 . 45 589 , 380 . 68 582 , 665 . 69 3913 BRIDGE REPL AT OLD DIXIE P 21065 , 609 . 40 11535 , 677 . 98 529 , 931 . 42 3930090 . 41 3914 TURKEY POINT UNITS 6 & 7 P 186 , 450 . 00 141 , 400 . 00 45 , 050 . 00 330750 . 00 3915 CR 605 P 483 , 071 . 78 2730190 . 78 209 , 881 . 00 194 , 029 . 94 3917 53RD STREET P 5 , 0820958 . 55 3 , 421 , 801 . 27 1 , 661 , 157 . 28 115841272 . 87 3919 SR AlA P 41134 , 941 . 38 21147 , 873 . 39 10987 , 067 . 99 11987 , 067 . 99 3920 SEWALLS PT PVMT OVERLAY P 132 . 91 6 . 40 126 . 51 126 . 51 3921 SR 76 AND SR 710 P 3 , 955 , 545 . 06 531 , 165 . 28 31424 , 379 . 78 31424 , 379 . 78 3922 MIAMI TUNNEL PROJECT S 11302 , 700 . 00 255 , 600 . 00 11047 , 100 . 00 11047 , 100 . 00 vC4000 PLT 14 PRODUCTION P 1 . 00 1 . 00 1 . 00 8191 DFI BANDY ROAD P 700226 . 54 70 , 226 . 54 1 . 00 ^8255 SW MATHESON AVE RESURFACE P 104 , 650 . 00 104 , 650 . 00 1040650 . 00 8262 FPL ACCESS ROAD OPTIONS P 1 . 00 1 . 00 1 . 00 8267 T &M - BATHTUB BEACH P 43 , 242 . 50 43 , 242 . 50 8268 SPANISH LAKES P 524 , 123 . 00 350 . 55 523 , 772 . 45 231 , 030 . 31 8269 CR 714 RW REPAIR S 86 , 284 . 40 25 , 131 . 81 61 , 152 . 59 18 , 476 . 08 8270 INDIAN RIVER DR SIDEWALK S 43 , 385 . 00 30207 . 60 40 , 177 . 40 40 , 177 . 40 51 , 0741765 . 66 26 , 347 , 212 . 58 240727 , 553 . 08 13 , 248 , 996 . 28 21163 , 073 . 22 BOARD OF COUNTY COMMISSIONERS �iVErQ z �z �LOR1�P April 12 , 2011 Dickerson Florida, Inc . Attn : Mr. Larry T. Dale 3122 N . 25th Street Fort Pierce, FL 34946 NOTICE OF AWARD Reference : Indian River County Bid No. 2011018 Oslo Road (CR 606) Phase HRoadway Widening (43'd to 27'" Ave) Dear Mr. Dale : I am pleased to inform you that on April 12 , 2011 , the Board of County Commissioners awarded the above-referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1 . Public Construction Bond in the amount of 100 % of the contract amount . ( $3 , 896,951 . 64) . 2 . Certificate of Insurance, must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255 . 05 ( 1 ) (a) , Florida Statutes , you are required to execute a Public Construction Bond for the above referenced project . Please submit the Bond and Certificate of Insurance to this office at the address provided below no later than April 27, 2011 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . In addition enclosed are„ two 2 co les" , of the A reement + PLEASE . EXECUTE BOTH COPIES ' "AND (. ) P . RETURN THEM ' TOGETHER - WITH THE � _ REQUIRED . :°BONDS AND : CERTIFICATE OF INSURANCE TO THIS OFFICE. Thank you for your prompt attention and if you have any questions , please do not hesitate to contact this office . Sincerely, Jerry Davis , Purchasing Manager cc: Christopher R. Mora, P. W. , Public Works Director Office of Management and Budget • Purchasing Division 180027 1h Street, Vero Beach, Florida 329600 (772) 567-8000 Ext. 1416•Fax : (772) 770-5140 E-mail : purchasinM(a) ircgov.com �i SECTION 00520 - Agreement ( Public Works ) I TABLE OF CONTENTS Title Pia e i ARTICLE 1 - WORK i 1 ARTICLE2 - THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE3 - ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE4 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 - CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 7 - INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 8 - CONTRACTOR' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 - CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 1. 0 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ! [THE REMAINDER OF TRIS PAGE WAS LEFT BLANK INTENTIONALLYI I 1 i i I i 00520 - Agreement ( Public Works ) REV 04-07 00520 - 1 CADocuments and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content.Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07 .doc i i _ SECTION 00520 - Agreement ( Public Works ) i i t 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 DICKERSON FLORIDA , INC . ( hereinafter called CONTRACTOR ) . I OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , I 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 : f Consists of widening Oslo Road to a five-larie configuration from 4eAvenue to 27th Avenue. This widening will include the widening of the existing bridge located immediately east of 43rd Avenue and continue east to coordinate with the Oslo Road widening east of 27`h Avenue. 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 : Oslo Road ( CR 606 ) Phase II Roadway Widening ( 43rd Ave . to 27th Ave . ) County Project Number : 0533 Project Address : Oslo Road 43rd Avenue to 27th Avenue Vero Beach , 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 . I _ 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 . i 4 . 02 Days to Achieve Substantial Completion and Final Payment i A. The Work will be substantially completed on or before the 330 `" day after the date when I the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions , and completed and ready for final payment in accordance with paragraph i I 00520 - Agreement ( Public Works ) REV 04-07 00520 - 2 Q\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Contenl .Outlook124026LX8\00520 - Agreement (Public Works) REV 04-07.doc I i 14 . 07 of the General Conditions on or before the 360`" day after the date when the i Contract Times commence to run . 4 . 03 Days to Achieve Final Completion and Final Payment I A . The Work will be fully completed ( Final Completion ) and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 360 " day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of I the General Conditions . { 4 . 03 Liquidated Damages A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays , expense , and difficulties involved in proving in a legal preceding 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 $2 , 514. 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 $2 , 514 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for completion and readiness for final payment until the Work is completed and ready for final payment . ARTICLE 5 = CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the { Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . 13 , below : A . For all Work , at the prices stated in CONTRACTOR ' s Bid , attached hereto as an exhibit . { f B . THE CONTRACT SUM subject to additions and deductions provided in the Contract: : Numerical Amount : $ 3l896 , 951 64 Written Amount : THREE MILLION EIGHT HUNDRED NINETY SIX THOUSAND NINE HUNDRED 4 FIFTY ONE DOLLARS AND SIXTY FOUR CENTS ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments I A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 6 . 02 Progress Payments. 00520 - Agreement ( Public Works ) REV 04-07 00520 - 3 CADocuments and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content.Outlook\24026LX8\00520 - Agreement ( Public Works) REV 04-07.doc A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is 1 attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent ( 5 % ) of the payment amount due to CONTRACTOR until final i 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 i 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 I other than claims in stated amounts as may be specifically excepted by the i i 00520 - Agreement ( Public Works) REV 04-07 00520 - 4 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content.0ullook\24026LX8\00520 - Agreement ( Public Works) REV 04-07.doc I j 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 . i E I ARTICLE 7 - INDEMNIFICATION I 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification ) of the General Conditions to the Construction Contract . ! ARTICLE 8 - CONTRACTOR ' S REPRESENTATIONS � 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A . CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents . B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and i Regulations that may affect cost , progress , and performance of the Work . D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site ( except Underground Facilities ) which have been identified in the Supplementary j 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 i identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . i E . CONTRACTOR has obtained and carefully studied ( or assumes responsibility for having j 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 j 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 , I 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 i others at the Site that relates to the Work as indicated in the Contract Documents . ! ! 00520 - Agreement ( Public Works ) REV 04-07 00520 - 5 C:\Documents and Settings\mmclaughlinlLocal Settings\Temporary Internet Files\Content.0utlook\24026LX8\00520 - Agreement (Public Warks) REV 04-07.doc i i H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . I I I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or j discrepancies that CONTRACTOR has discovered in the Contract Documents , and the f written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . G i 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 . Contractor' s Application for Payment ( pages 00622 - 1 to 00622-6 , inclusive ) ; 4 . General Conditions ( pages 00700- 1 to 00700-44 , inclusive ) ; I I I 5 . Supplementary Conditions ( pages 00800- 1 to 00800- 10 , inclusive ) ; 6 . Specifications as listed in the table of contents of the Project Manual ; 7 . Drawings consisting of a cover sheet and sheets numbered 1 through 129 , & T1 i through T7 inclusive , with each sheet bearing the following general title : Oslo Road ( CR 606 ) Phase II Roadway Widening ( 43rd Ave . to 27 Ave . ) ; Bridge drawings consisting of a cover and sheets numbered 61 through B5 , FDOT Standard Sheets Index No . 304 Public Sidewalk Curb Ramps ( 6 sheets ) , 410 Concrete Barrier Wall ISheet 7 of 25 Inclusive , with each sheet bearing the following general title : Concrete Bridge Sidewalk Modifications for: Oslo Road over the 43rd Avenue Ditch ; 8 . Addenda ( numbers 1 to 1 , inclusive ) ; 9 . Appendices to this Agreement ( enumerated as follows ) : Appendix A — Permits i 10 . CONTRACTOR ' S BID ( pages 1 to 14 , inclusive ) i ( 11 . Bid Bond ( pages 1 to 4 , inclusive ) , 12 . Qualifications Questionnaire ( page 1 to 4 , inclusive ) , 00520 - Agreement ( Public Works ) REV 04-07 00520 - 6 CADocuments and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content.0utlook\24026LX8\00520 - Agreement ( Public Works ) REV 04-07.doc i I 13 . List of Subcontractors ( page 1 inclusive ) . 14 . Sworn Statement Under the Florida Trench Safety Act ( pages 1 to 2 , inclusive ) i 15 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of j Relationships ( pages 1 to 2 , inclusive ) I 16 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a ) Written Amendments ; b ) Work Change Directives ; c) Change Order( s ) . I 14 . Contractor's Final Certificate of the Work ( page 00632 — 1 & 2 of the Specifications ) i { ARTICLE 10 - MISCELLANEOUS 10 . 01 Terms A . Terms used in this Agreement will have the meanings indicated in the General Conditions . i 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 t 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 . i 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 r 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 . t I 10 . 05 Venue I I i 00520 - Agreement ( Public Works ) REV 04-07 00520 - 7 C:\Documents and Settings\ mmclaughlin\Local SetlingslTemporary Internet Files\Content.Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07.doc fI 1 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 . I 10 . 06 Other Provisions NOTE TO USER 1 . Insert other provisions here if applicable. 1 G [The remainder of this page was left blank intentionally] c i k i fi i i i t i i' i (i i i 1 1 i i i t I i 00520 - Agreement ( Public Works ) REV 04-07 a 00520 - 8 CADocuments and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content .Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07.doc r 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 I L , 2011 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement ) . L p 000°Vo�� •� 0�� Y' ` OWNER : NTRACTOR : g°}� . •• Zo KERSON FLORIDA , INC . INDIAN RIVER COUNTY s ° ° o e 72 By . ° ° ° LA RY E PRESIDENT Bob Solari , Chairmana °moo„ ° aa ( Contras ) By :ts A \ 4 ( CO ORATE SEAL ) ephaird , County Administrator Attest BERNIE BARRILE , SECRETARY APPROVED AS TO FORM AND LEGAL SUF ICIE - � CY: By : Alan S . Polackwich , Sr. , County Attorney Addressforwing noticesERCE , FL 34954 Jeffrey K . Ba , lerk of ourt License No . CGC060797 Atte t : ( Where applicable ) Deputy k er ( SEAL ) Agent for service of process : Designated Representative : Name : Christopher J . Kafer Jr. , P . E . Designated Representative : Title : County Engineer Name : LARRY T . DALE 1801 27th Street Title : PRESIDENT Vero Beach , Florida 32960 Address : ( 772 ) 226 - 1221 P . O . Box 910 , FT . PIERCE , FL 34954 Facsimile : ( 772 ) 778- 9391 I Phone : ( 772 ) 429 - 4444 Facsimile : ( 772 ) 429 - 4445 i ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) I i i i * * END OF SECTION 00520 - Agreement ( Public Works ) REV 04-07 00520 - 9 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Conlent.Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07.doc t i SECTION 00550 - Notice to Proceed Dated [Certified Mail -- Return Receipt Requested ] TO : ( BIDDER) ADDRESS : Contract For : Oslo Road ( CR 606 ) Phase II Roadway Improvements (43 `d Ave . to 27t' Ave . ) IRC Project No : 0533 IRC Bid No . 2011018 You are notified that the Contract Times under the above contract will commence to run on By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated 330 days for Substantial Completion of this project and 360 days for Final Completion . In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . Also , before you may start any Work at the Site , you must : (add other requirements , if applicable ) INDIAN RIVER COUNTY (OWNER) By : (AUTHORIZED SIGNATURE ) (TITLE ) END OF SECTION 00550 - Notice to Proceed REV 04-07 . doc 00550 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00550 - Notice to Proceed REV 04-07 .doc Rev. 05101 00610 - PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla . Stat . 255 . 05 ( 1 ) ( a ) , and be substantially in the format shown on the first page following this instruction . The Public Construction Bond shall be in the form suggested by Fla . Stat . 255 . 05 ( 3 ) as shown on the second page following this instruction . A Power of Attorney from a surety insurer authorized to do business in Florida , authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond . 00610 - 1 00610 - Public Construction Bond . doc F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00610 - Public Construction Bond .doc 2134744 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2493 PG565 , Pagel of 4 Public Work 04/26/2011 at 03 : 30 PM , F . S . Chapter 255 . 05 (1 ) ( a) JEFFREY K BARTON , CLERK OF COURT 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. eOND NO: 105522573 CONTRACTOR NAME: Dickerson Florida , Inc. CONTRACTOR ADDRESS: 3122 N . 25th Street Fort Pierce, Florida 34946 CONTRACTOR PHONE NO: 772 - 429 -4444 SURETY COMPANY NAME: Travelers Casualty and Surety Company of America SURETY PRINCIPAL One Tower Square BUSINESS ADDRESS : Hartford Connecticut 06183 SURETY PHONE NO: 828- 236- 1000 OWNER NAME: Indian River County OWNER ADDRESS : 1800 27th Street Vero Beach , Florida 32960 L OWNER PHONE NO: 772 -567- 8000 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO: BOND AMOUNT: $39896 , 951 . 64 CONTRACT NO: County # 0533 (If applicable) DESCRIPTION OF WORK: Widening Oslo Road to a 5 lane configuration from 43rd Ave to 27th Ave. County Pro-i #0533 PROJECT LOCATION: Oslo Road 43rd Ave to 27th Ave, Vero Beach , Florida LEGAL DESCRIPTION: Indian River County Bid NO. 2011018 , Oslo Road ( CR 606) Phase 11 (If applicable) Roadway Widening (43rd to 27th Ave) FRONTPAGE All other bond page(s) are deemed subsequent to (his page regardless of any page number(%) that mny be printed thereon. 00610 - 2 00610 - Public Construdlon Bond .doc F9Pubik WoftkENGINEERING MOON PROJECTS%0533-Oslo Rd Phase It (43rd Ave to 27th Ave)tAdrrintbid docurrienls\00610 - Public Construction Bond.doc PUBLIC CONSTRUCTION BOND Bond No . 105522573 (enter -bond number ) BY THIS BOND , We Dickerson Florida , Inc , as Principal and Travelers Casualty and Surety Company of America , a corporation , as Surety , are bound to Indian River County herein called Owner , in the sum of $ 3 . 896 , 951 . 64 for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated April 12 , 2011 , between Principal and Owner for construction of Oslo [load ( CR 606 ) Phase 11 Roadway Widening ( 43rd to 27th Ave ) , the contract being made a part 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 I C 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 noncom I ! '63 with any formalities connected with the contract or the changes does not affect Surety's ' ; v . , . . . obligation under this bond . a "°4 1 P } y 17 ., DATED ON April 14, 2011 ` ' Dickerson Florida , Inc7, '� . . : ( Name of Pdricinallo. " K Vg, i Travelers Casualty and Surety Company of America k Name of rIrP By : (Attorney- in - Fact) ,` ' Karen K. Beard , Attorney- in - FacCand FJorida ;Licensed Agetkf 00610 - 3 L od 00670 - Public Construction Bond .doc F;1Pub11c WoftTNGINEERING DIVISION PROJECMD533-0sAo Rd Phase II (43(d Ave to 27th AVn)1AdmimWld documente100610 - Public C0nsvuc1w Bond.doc " Inquiries 828-236- 1000 " WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ 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 . '215729 Certificate No . 003697595 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 Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut , that United States Fidelity and Guaranty 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 tt 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 Karen K . Beard , and Wallace N . Hyde of the City of Avlevfll ' State of North_ arolina their true and lawful Attorney( s )- in -Fact • each in their separate capacity if more than one is named above , to sign , execute , seal and acknowledge any and all bonds , recognizances , conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. G IN WITNESS WHEREOF , the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed , this 5th day of December 2006 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 QJ��'��''��'7777',,,,///// Wo, iYUWIh �u.n+.•n.... �YY 64 O�pN ! MyG9 ..P+ 1HSL4q•,. JP�FV 4Nps !'1� wR[7Y FY O5 Y �� (\ �1��tFpIIATtO r T ��p0. P�R, E�:n iW i�oRPORAT�:..nt^•; w 9� 7 �� G � 911U v 1962 JO 1977 '" t� ; ! ml , 0 , a NAFITFOflD, ��RiFO '4 r 79gg z n �'•. " n ; V4 ' ° t i CONN. n CONN• £ N .r SE ... `:.SEAL D m r° 0' 6Y N !' SM�sb t G y . .......:Nva�f S,\o4....• d 's �p \Ql+,f ...✓ �F .. •9/ Atte State of Connecticut By : City of Hartford ss . Georg Thomps%eniorice President On this the 5th day of December 2006 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 . 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. p,T�T In Witness Whereof, I hereunto set my hand and official seal . TAR W �' My Commission expires the 30th day of June . 2011 . C1 '0l/BU� * Marie C . Tetrcault , Notary Public 58440-4-09 Printed in U . S . A . WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER VVMMINIINl . 1 n1J Fvvv L 1 , vI rI Mu . t- 1 .. 111 . . 1.- 1 _ . - . . . . _ _ . . . - - _ _ This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters , Inc . , St . Paul Fire and Marine Insurance Company, St . Paul Guardian Insurance + Company , St . Paul Mercury Insurance Company , Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America , and United States Fidelity and Guaranty Company , which resolutions are now in full force and effect , reading as follows : RESOLVED , that the Chairman , the President , any Vice Chairman , any Executive Vice President , any Senior Vice President , any Vice President , any Second Vice President , the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys- in- Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company ' s name and seal with the Company ' s seal bonds , recognizances , contracts of indemnity, and other writings obligatory in the nature of a bond . recognizance , or conditional undertaking , and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED , that the Chairman , the President , any Vice Chairman , any Executive Vice President . any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company , provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary ; and it is FURTHER RESOLVED , that any bond , recognizance , contract of indemnity, or writing obligatory in the nature of a bond , recognizance , or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President , any Vice Chairman , any Executive Vice President , any Senior Vice President or any Vice President , any Second Vice President , the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company ' s seal by a Secretary or Assistant Secretary ; or ( b) duly executed ( under seal , if required) by one or more Attorneys- in- Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority ; and it is FURTHER RESOLVED , that the signature of each of the following officers : President , any Executive Vice President , any Senior Vice President . any Vice President . any Assistant Vice President , any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents , Resident Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached . I , Kori M . Johanson , 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 day of 20 1 Kori M . Johans Assistant Secretary OLSU� QW ' � � FlRE6"W FRN IMyG ..PV IN SU j 2y � rL CST}' �pooqn � i @I[ �' p t_ p q FY • . C7U5 �� n Y �o NcanroaArto H y OR POR� �F � : �pPPOFA)f. c^ i w Tom • ` ' Tt t < to �t sus a 1977 g 1951 t o f W turFo�. rsxttror t fess b� CONN. nZ »1 1 • N s ` SEA oSEAL.a3 Wbi �e f v�F S6. "vEC� D y To verify the authenticity of this Power of Attomey . call 1 - 800-421 -3880 or contact us at www .travelersbond .com . Please refer It ttie Attorney-In-Fact number, the above - named individuals and the details of the bond to which the power is attached . 3 t e f r WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER DATE ( MM/DD/YYYY) ACOR " CERTIFICATE OF LIABILITY INSURANCE 04/ 14/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S ) , AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED , the policy ( ies ) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER CONTACT NAME KAREN BEARD SURETY AGENCY, LLC PHOFAX Ext): 828-236- 1000 (AC, No). 828-236- 1001 552-B NEW HAW CREEK ROAD AD_D_RES_ S:__ _ ASHEVILLE , NC 28805 INSURER( S) AFFORDING COVERAGE NAIC # 828-236 -1000 FAX 828 -236-1001 INSURER A : CHARTER OAK FIRE INS . CO . INSURED INSURER B : TRAVELERS INDEMNITY COMPANY DICKERSON FLORIDA , INC . INSURER C : TRAVELERS PROPERTY CASUALTY CO. OF AMERICA P . O . BOX 910 INSURER D: FT . PIERCE , FL 34954-0910 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : 100011 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS , INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER ( MM/DDNYYY) . (MM/DD/YYYY) LIMITS B GENERAL LIABILITY 8280B629 07/01 /201007/01 /2011 _ EACH OCCURRENCE $ 110009000 X COMMERCIAL GENERAL LIABILITY PREMISES (( ETO a occu ence) $ 300 , 000 CLAIMS-MADE X OCCUR X MED EXP (Any one person; $ 10 , 000 PERSONAL & ADV INJURY $ 11000 , 000 GENERAL AGGREGATE $ 21000 , 000 GEN ' L AGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP/OP AGG $ 21000 , 000 PRO- — _ . - _.. . ..- -- --- --- - - -- - - - -._- . _ POLICY X JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - - C 82808630 07/01 /2010 07/01 /2011 . (Ea accident) $ 1 , 000 , 000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED - -- --- - - - - - - - -- - - - --- - - -- - - - - AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNED (P Oac accident) AMAGE $ - AUTOS C X UMBRELLA LAB X OCCUR 828OB654 07/01 /201007/01 /2011 EACH OCCURRENCE $ 3 , 0001000 EXCESS LAB CLAIMS-MADE AGGREGATE $ 31000 , 000 DED RETENTION $ $ TH- A AND EMPLOYERS' LIABILITY WORKERS COMPENSATION Y / N 8280B549 07/01 /201007/01 /2011 , . . _ TORYLIMITS OER ANY PROPRIETOR/PARTNER/EXECUTIVE N / A E. L. EACH ACCIDENT $ 500 , 000 OFFICER/MEMBER EXCLUDED? -- - _ - - ( Mandatory in NH ) E . L. DISEASE - EA EMPLOYEE $ 500 , 000 If yes, describe under - I - - - DESCRIPTION OF OPERATIONS below _ - - E. L. DISEASE - POLICY LIMIT $ 500 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) INDIAN RIVER COUNTY IS AN ADDITIONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF , THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT , FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY , ITS AGENTS OR REPRESENTATIVES . CERTIFICATE HOLDER CANCELLATION INDIAN RIVER COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED 1800 27TH STREET ACCORDANCE WITH THE POLICY P ISIONS . VERO BEACH , FL 32960 AUTHORIZED REPRESENTATIVE R BEARD © 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2010/05) The ACORD name and logo are registered marks of ACORD SECTION 00622 - Contractor' s Application for Payment Oslo Road ( CR 606 ) Phase II Roadway Widening Application for Payment No . For Work Accomplished through the period of through To : ( OWNER ) From : ( CONTRACTOR ) Bid : 2011018 Project : 0533 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or - ) : $ 3 . Current Contract Price ( 1 plus 2 ) : 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : % of completed Work : $ of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7 ) : $ CONTRACTOR' S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; ( 2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , below ; ( 3 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances ( except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (4 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective ; and ( 5 ) If this Periodic Estimate is for a Final Payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , ( Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Attached to or submitted with this form are : 1 . Signed release of lien forms ( partial or final as applicable ) from all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , together with an explanation as to why any release of lien form is not included ; 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev. 05/01 Page 2 of 5 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 PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)Wdmlm\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev. 05/01 Page 3of5 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev. 05/01 Page 4of5 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and /or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE CERTIFICATION OF INSPECTOR : I have checked the estimate against the Contractor' s Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project . To the best of my knowledge , this statement of work performed and /or 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 Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev. 05/01 Page 5 of 5 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid ( attach additional pages as necessary) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release of lien form ( partial or final as applicable ) is not included with this Pay Request , together with an explanation as to why the release of lien form is not included ( attach additional pages as necessary) : 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev . 05/01 PROJECT NAME : OSLO ROAD ( CR 606 ) PHASE II ROADWAY WIDENING Project No . 0533 Payment Application No . PREVIOUS BALANCE TO SCHEDULED VALUE APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS FINISH Item No . Description Unit Quantity Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL 3 v tIle mE aF 5`£..u' {T , , 1 I - 5 rv: $ >`, r ^i zf rsK:c x , e>_� C E' s �+ wt aA = t ,a ,�`✓> : 3 a -t'G } ,« yx; 1 YI - z Dur .z : s m x� i ' n� lee tp'ls. x �'imhr, ry ° 3Y. n.,,. .,q o 4>w . �. i . .n ,.. -c . . t 2re . ,� > pry r. .tee xo n ,, .,le , >F'a.` . SUBTOTAL SUBTOTAL 0 . 00 0 . 00 1 0 . 00 1 0 . 00 0 . 00 1 0 . 00 �. a `?3,�i1 � ;. m Ile FORCE ACCOUNT 1 LS F:. leeu i :.' Yx P w'- v 11 'i ,.., s f"F ¢� x ,K e. Y . . : ` ^:°. . . , rr s. y ,2x:: .. +h .��`. . " s. C ` ,Pa >,� x :`,�,?- ..e,� : �� 3 .� hr . GRAND TOTAL TOTAL 0 . 00 AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0 .00 SUB-TOTAL MATERIALS STORED AND COMPLETE TO DATE $0. 00 RETAINAGE OF WORK COMPLETED AT 10 % $0 . 00 M C1 TOTAL RETAINAGE $0.00 0 N TOTAL COMPLETED AND STORED LESS RETAINAGE $0.00 N o� LESS PREVIOUS PAYMENT $0 .00 AMOUNT DUE CONTRACTOR $0.00 F : \ Public Works\ ENGINEERING DIVISION PROJECTS\0533 - Oslo Rd Phase II ( 43rd Ave to 27th Ave ) \Admim \ bid documents\00622 - Contractor ' s Application for Payment Spreadsheet Example . doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance : 20 OWNER : Indian River County CONTRACTOR : Contract : Project : Oslo Road ( CR 606 ) Phase II Roadway Widening (43rd Ave . to 27th Ave . ) Bid No . 2011018 ENGINEER' s Project No . 0533 CONTRACT FOR : Oslo Road ( CR 606 ) Phase II Roadway Widening This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To - OWNER And To - CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion REV 04-07. doc 00630 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00630 - Certificate of Substantial Completion REV 04-07 .doc The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : CONTRACTOR : The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR' s obligation to complete the Work in accordance with the 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 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00630 - Certificate of Substantial Completion REV 04-07 .doc SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 20 , enter into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that: 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below . 5 . The Work is complete and ready for final acceptance by the OWNER . 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . 00632 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )VAdmim\bid documents\00632 - Contractor's Final Certification REV 04-07. doc ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this _ day of 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632 -2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\00632 - Contractor's Final Certification REV 04-07 . doc SECTION 00634 = PROFESSIONAL SURVEYOR AND MAPPER' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by : ( Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project : PROJECT NAME : Oslo Road ( CR 606) Phase II Roadway Widening ( 43 " Ave . to 27t Ave . ) INDIAN RIVER COUNTY PROJECT # 0533 1 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\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07 .doc Rev. 06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N . W . , Washington , DC 20005 American Society of Civil Engineers 345 East 47th Street, New York , NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 04 CONTRACTOR 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 05 OWNER 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Rep/ace . . . . . . . e . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 00700 - General Conditions REV 04-07 . doe 00700 - 2 F:\Public Works\ENGINEERING DNISION PROJECTS\0533 -Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 6 . 08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 22 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE8 - OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 02 Replacement of ENGINEER . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 :05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 .04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 . 01 Cost of the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 .02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 00700 - General Conditions REV 04-07 . doc 00700 - 3 17APublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07.doc 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 03 Delays Beyond CONTRACTOR 's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 04 Uncovering Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 08 Acceptance of Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 14 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14 . 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 ARTICLE16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 17 . 04 Survival of Obligations . . . . . . . . m . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . .44 17 . 05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 00700 - General Conditions REV 04-07 . doc 00700 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533 -Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - Genera] 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Adrnim\bid documents\00700 - General Conditions REV 04-07.doc 17 . Drawings--That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by ENGINEER tion of all the Work . which graphically shows the scope , extent , and character of the Work to be performed by 28 . Notice of Award--The written notice by CONTRACTOR . Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined . bidder with the conditions precedent listed therein , OWNER will sign and deliver the Agreement . 18 . Effective Date of the Agreement--The date indicated in the Agreement on which it becomes 29 . Notice to Proceed--A written notice given effective , but if no such date is indicated , it means the by OWNER to CONTRACTOR fixing the date on date on which the Agreement is signed and delivered which the Contract Times will commence to run and by the last of the two parties to sign and deliver . on which CONTRACTOR shall start to perform the Work under the Contract Documents . 19 . ENGINEER--The individual or entity named as such in the Agreement . 30 . OWNER--The individual , entity, public body, or authority with whom CONTRACTOR has 20 . ENGINEER 's Consultant--An individual or entered into the Agreement and for whom the Work is entity having a contract with ENGINEER to furnish to be performed . services as ENGINEER's independent professional associate or consultant with respect to the Project and 31 . Partial Utilization --Use by OWNER of a who is identified as such in the Supplementary substantially completed part of the Work for the pur- Conditions . pose for which it is intended (or a related purpose ) prior to Substantial Completion of all the Work . 21 . Field Order--A written order issued by ENGINEER which requires minor changes in the 32 . PCBs--Polychlorinated biphenyls . Work but which does not involve a change in the Contract Price or the Contract Times . 33 . Petroleum--Petroleum , including crude oil or any fraction thereof which is liquid at standard 22 . General Requirements--Sections of conditions of temperature and pressure (60 degrees Division 1 of the Specifications . The General Fahrenheit and 14 . 7 pounds per square inch Requirements pertain to all sections of the Specifica- absolute ) , such as oil , petroleum , fuel oil , oil sludge , oil tions . refuse , gasoline , kerosene , and oil mixed with other non- Hazardous Waste and crude oils . 23 . Hazardous Environmental Condition--The presence at the Site of Asbestos , PCBs , Petroleum , 34 . Project--The total construction of which Hazardous Waste , or Radioactive Material in such the Work to be performed under the Contract quantities or circumstances that may present a Documents may be the whole , or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents . thereto in connection with the Work . 35 . Project Manual--The bound documentary 24 . Hazardous Waste--The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section Work . A listing of the contents of the. Project Manual , 1004 of the Solid Waste Disposal Act (42 USC which may be bound in one or more volumes , is Section 6903 ) as amended from time to time . contained in the table (s ) of contents . 25 . Laws and Regulations; Laws or Regulat- 36 . Radioactive Material--Source , special ions--Any and all applicable laws , rules , regulations , nuclear , or byproduct material as defined by the ordinances , codes , and orders of any and all govern - Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies , agencies , authorities , and courts seq . ) as amended from time to time . having jurisdiction . 37 . Resident Project Representative--The 26 . Liens--Charges , security interests , or authorized representative of ENGINEER who may be encumbrances upon Project funds , real property, or assigned to the Site or any part thereof. personal property. 38 . Samples--Physical examples of 27 . Milestone--A principal event specified in materials , equipment , or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 00700 - General Conditions REV 04 -07 .doc 00700 - 6 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc establish the standards by which such portion of the Work will be judged . 47 . Unit Price Work--Work to be paid for on the basis of unit prices . 39 . Shop Drawings--All drawings , diagrams , illustrations , schedules , and other data or information 48 . Work--The entire completed construction which are specifically prepared or assembled by or for or the various separately identifiable parts thereof re- CONTRACTOR and submitted by CONTRACTOR to quired to be provided under the Contract Documents . illustrate some portion of the Work. Work includes and is the result of performing or providing all labor, services , and documentation 40 . Site--Lands or areas indicated in the necessary to produce such construction , and Contract Documents as being furnished by OWNER furnishing , installing , and incorporating all materials upon which the Work is to be performed , including and equipment into such construction , all as required rights-of-way and easements for access thereto , and by the Contract Documents . such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 49 . Work Change Directive--A written statement to CONTRACTOR issued on or after the 41 . Specifications--That part of the Contract Effective Date of the Agreement and signed by Documents consisting of written technical descriptions OWNER and recommended by ENGINEER ordering of materials , equipment, systems , standards , and an addition , deletion , or revision in the Work , or workmanship as applied to the Work and certain responding to differing or unforeseen subsurface or administrative details applicable thereto . physical . conditions under- which - the- Work is to be performed or to emergencies . A Work Change 42 . Subcontractor--An individual or entity Directive will not change the Contract Price or the having a direct contract with CONTRACTOR or with Contract Times but is evidence that the parties expect any other Subcontractor for the performance of a part that the change ordered or documented by a Work of the Work at the Site . Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by 43 . Substantial Completion--The time at the parties as to its effect, if any, on the Contract Price which the Work (or a specified part thereof) has or Contract Times . progressed to the point where , in the opinion of ENGINEER, the Work (or a specified part thereof) is 50 . Written Amendment--A written statement sufficiently complete , in accordance with the Contract modifying the Contract Documents , signed by Documents , so that the Work (or a specified part OWNER and CONTRACTOR on or after the Effective thereof) can be utilized for the purposes for which it is Date of the Agreement and normally dealing with the intended . The terms "substantially complete" and nonengineering or nontechnical rather than strictly "substantially completed" as applied to all or part of the construction-related aspects of the Contract Docu - Work refer to Substantial Completion thereof. ments . 44 . Supplementary Conditions--That part of 1 . 02 Terminology the Contract Documents which amends or supplements these General Conditions . A. Intent of Certain Terms or Adjectives 45 . Supplier--A manufacturer, fabricator, 1 . Whenever in the Contract Documents the supplier, distributor, materialman , or vendor having a terms "as allowed ," "as approved ," or terms of like direct contract with CONTRACTOR or with any effect or import are used , or the adjectives Subcontractor to furnish materials or equipment to be "reasonable , " "suitable ," "acceptable ," "proper, " incorporated in the Work by CONTRACTOR or any "satisfactory, " or adjectives of like effect or import Subcontractor. are used to describe an action or determination of ENGINEER as to the Work, it is intended that such 46 . Underground Facilities--All underground action or determination will be solely to evaluate , in pipelines , conduits , ducts , cables , wires , manholes , general , the completed Work for compliance with vaults , tanks , tunnels , or other such facilities or the requirements of and information in the Contract attachments , and any encasements containing such Documents and conformance with the design facilities , including those that convey electricity, gases , concept of the completed Project as a functioning steam , liquid petroleum products , telephone or other whole as shown or indicated in the Contract communications , cable television , water, wastewater, Documents (unless there is a specific statement storm water, other liquids or chemicals , or traffic or indicating otherwise ) . The use of any such term or other control systems . adjective shall not be effective to assign to ENGI- 00700 - General Conditions REV 04-07 .doc 00700 - 7 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07.doc NEER any duty or authority to supervise or direct E . Unless stated otherwise in the Contract Docu - the performance of the Work or any duty or ments , words or phrases which have a well- known authority to undertake responsibility contrary to the technical or construction industry or trade meaning are provisions of paragraph 9 . 10 or any other provision used in the Contract Documents in accordance with of the Contract Documents . such recognized meaning . B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 . The word "day' shall constitute a 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 Agreements to OWNER, CONTRACTOR shall also 1 . The word "defective , " when modifying deliver to OWNER such Bonds as CONTRACTOR the word "Work," refers to Work that is may be required to furnish . unsatisfactory , faulty, or deficient in that it does not conform to the Contract Documents or does 2 . 02 Copies of Documents not meet the requirements of any inspection , reference standard , test , or approval referred to A. OWNER shall furnish to CONTRACTOR up in the Contract Documents, or has been to ten copies of the Contract Documents . Additional damaged prior to ENGINEER's recom - copies will be furnished upon request at the cost of mendation of final payment (unless responsi- reproduction . bility for the protection thereof has been assumed by OWNER at Substantial 2 . 03 Commencement of Contract Times; Notice Completion in accordance with paragraph to Proceed 14 . 04 or 14 . 05 ) . A. The Contract Times will commence to run on D . Furnish, Install, Perform, Provide the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given , on the day 1 . The werd"furnish ," WhGR used in indicated in the Notice to Proceed . A Notice to Pro- GORnestieA vlith services , materials;Or ceed may be given at any time within 30 days after the Effective Date of the Agreement . In no event will the ca4id. cnn ,iGeS materials , nr oni iinm on + +n the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth e day after the Effective Date of the Agreement, GE) RditiGR. whichever date is earlier . 2 . The word "iastall"whea—used—ire 2 . 04 Starting the Work GIDRReGtien -viith—seWiGes , mateF; als , er A. CONTRACTOR shall start to perform the in final POSitiOR Said sre ; s , G; Work on the date when the Contract Times com - e Ge plete and rood „ for intended mence to run . No Work shall be done at the Site prior use to the date on which the Contract Times commence to run . 3 . The words"Perferm " er "Prevido" when used—in GerrnestieR with seruises 2 . 05 Before Starting Construction materials , shall me2R tO ish and install said sewiGes , materials , or A. CONTRACTOR 's Review of Contract Docu- 8E}+ Ij�rnEfl+ GO plete onrl ready for intended ments: Before undertaking each part of the Work , use. CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent 4 . When "furnish , " " install , " " perform , " or figures therein and all applicable field measurements . " provide" is not used in connection with services , CONTRACTOR shall promptly report in writing to materials , or equipment in a context clearly ENGINEER any conflict , error, ambiguity, or requiring an obligation of CONTRACTOR, discrepancy which CONTRACTOR may discover and "provide" is implied . shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 00700 - General Conditions REV 04-07 .doc 00700 - 8 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\00700 - General Conditions REV 04-07.doc thereby; however, CONTRACTOR shall not be liable 2 . 07 Initial Acceptance of Schedules to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the A. Unless otherwise provided in the Contract Contract Documents unless CONTRACTOR knew or Documents , at least ten days before submission of the reasonably should have known thereof. first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri - B . Preliminary Schedules: Within ten days after ate will be held to review for acceptability to ENGI - the Effective Date of the Agreement ( unless otherwise NEER as provided below the schedules submitted in specified in the General Requirements ) , CONTRAC- accordance with paragraph 2 . 05 . 13 . CONTRACTOR TOR shall submit to ENGINEER for its timely review : shall have an additional ten days to make corrections and adjustments and to complete and resubmit the 1 . a preliminary progress schedule schedules . No progress payment shall be made to indicating the times (numbers of days or dates ) CONTRACTOR until acceptable schedules are for starting and completing the various stages submitted to ENGINEER . of the Work , including any Milestones specified in the Contract Documents ; 1 . The progress schedule will be acceptable to ENGINEER if it provides an 2 . a preliminary schedule of Shop orderly progression of the Work to completion Drawing and Sample submittals which will list within any specified Milestones and the each required submittal and the times for sub- Contract Times . Such acceptance will not miffing , -- reviewing , -and - processing such impose on ENGINEER responsibility for the submittal ; and progress schedule , for sequencing , scheduling , or progress of the Work nor interfere with or 3 . a preliminary schedule of values for relieve CONTRACTOR from CONTRACTOR's all of the Work which includes quantities and full responsibility therefor. prices of items which when added together equal the Contract Price and subdivides the 2 . CONTRACTOR's schedule of Shop Work into component parts in sufficient detail to Drawing and Sample submittals will be serve as the basis for progress payments acceptable to ENGINEER if it provides a during performance of the Work. Such prices workable arrangement for reviewing and will include an appropriate amount of overhead processing the required submittals . and profit applicable to each item of Work . 3 . CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form the Site is started , CONTRACTOR and NEIOWall and substance if it provides a reasonable each deliver to the other, with copi o each allocation of the Contract Price to component additional insured identified in t Supplementary parts of the Work . Conditions , certificates of urance (and other evidence of insurance treasonably h either of them or any ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , additional insur may request) which AMENDING , REUSE CONTRA and OWNER . respectively are 3 . 01 Intent 2 . 06 Preconstruction Conference A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all . to run , bUtr before any Work at the Site i acted , a conference attended by CONTRACT , ENGINEER, B . It is the intent of the Contract Documents to and others as appropriate wil held to establish a describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract =submittals , hedules referred to in para- Documents . Any labor , documentation , services , or handling Shop Drawings materials , or equipment that may reasonably be ocessing Applications for inferred from the Contract Documents or from . prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER . 00700 - General Conditions REV 04-07.doc 00700 - 9 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Ndmim\bid documents\00700 - General Conditions REV 04-07.doc shall not be liable to OWNER or ENGINEER for C . Clarifications and interpretations of the failure to report any such conflict , error , Contract Documents shall be issued by ENGINEER ambiguity, or discrepancy unless CON - as provided in Article 9 . TRACTOR knew or reasonably should have known thereof. 3 . 02 Reference Standards B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and Regulations 1 . Except as may be otherwise specifically stated in the Contract Documents , 1 . Reference to standards , specifica- the provisions of the Contract Documents shall tions , manuals , or codes of any technical take precedence in resolving any conflict, error, society, organization , or association , or to Laws ambiguity, or discrepancy between the or Regulations , whether such reference be provisions of the Contract Documents and : specific or by implication , shall mean the stan - dard , specification , manual , code , or Laws or a . the provisions of any standard , Regulations in effect at the time of opening of specification , manual , code , or instruction Bids (or on the Effective Date of the Agreement (whether or not specifically incorporated by if there were no Bids ) , except . as may be reference in the Contract Documents ) ; or otherwise specifically stated in the Contract Documents . b . the provisions of any Laws or Regulations applicable to the performance 2 . No provision of any such standard , of the Work ( unless such an interpretation of specification , manual or code , or any instruction the provisions of the Contract Documents of a Supplier shall be effective to change the would result in violation of such Law or duties or responsibilities of OWNER , Regulation ) . CONTRACTOR , or ENGINEER , or any of their subcontractors , consultants , agents , or employ- 3 . 04 Amending and Supplementing Contract ees from those set forth in the Contract Documents Documents , nor shall any such provision or instruction be effective to assign to OWNER , A. The Contract Documents may be amended to ENGINEER , or any of ENGINEER's provide for additions , deletions , and revisions in the Consultants , agents , or employees any duty or Work or to modify the terms and conditions thereof in authority to supervise or direct the performance one or more of the following ways : ( i ) a Written of the Work or any duty or authority to Amendment; ( ii ) a Change Order; or ( iii ) a Work undertake responsibility inconsistent with the Change Directive . provisions of the Contract Documents . B . The requirements of the Contract Documents 3 . 03 Reporting and Resolving Discrepancies may be supplemented , and minor variations and deviations in the Work may be authorized , by one or A. Reporting Discrepancies more of the following ways : ( i ) a Field Order; ( ii ) ENGINEER' s approval of a Shop Drawing or Sample ; 1 . If, during the performance of the or ( iii ) ENGINEER 7s written interpretation or clarifi- Work , CONTRACTOR discovers any conflict , cation . error, ambiguity, or discrepancy within the Con - tract Documents or between the Contract 3 . 05 Reuse of Documents Documents and any provision of any Law or Regulation applicable to the performance of the A. CONTRACTOR and any Subcontractor or Work or of any standard , specification , manual Supplier or other individual or entity performing or or code , or of any instruction of any Supplier , furnishing any of the Work under a direct or indirect CONTRACTOR shall report it to ENGINEER in contract with OWNER : ( i ) shall not have or acquire writing at once . CONTRACTOR shall not any title to or ownership rights in any of the Drawings , proceed with the Work affected thereby (except Specifications , or other documents (or copies of any in an emergency as required by paragraph thereof) prepared by or bearing the seal of 6 . 16 . A) until an amendment or supplement to ENGINEER or ENGINEER' s Consultant , including the Contract Documents has been issued by electronic media editions ; and ( ii ) shall not reuse any one of the methods indicated in paragraph of such Drawings , Specifications , other documents , or 3 . 04 ; provided , however, that CONTRACTOR copies thereof on extensions of the Project or any 00700 - General Conditions REV 04-07.doc 00700 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07.doc other project without written consent of OWNER and subsurface structures at or contiguous to the ENGINEER and specific written verification or Site (except Underground Facilities ) that ENGI - adaption by ENGINEER. This prohibition will survive NEER has used in preparing the Contract final payment, completion , and acceptance of the Documents . Work, or termination or completion of the Contract . Nothing herein shall preclude CONTRACTOR from B . Limited Reliance by CONTRACTOR on retaining copies of the Contract Documents for record Technical Data Authorized: CONTRACTOR may rely purposes . upon the general accuracy of the "technical data" contained in such reports and drawings , but such reports and drawings are not Contract Documents . ARTICLE 4 - AVAILABILITY OF LANDS ; Such "technical data" is identified in the Supplementa- SUBSURFACE AND PHYSICAL CONDITIONS ; ry Conditions . Except for such reliance on such REFERENCE POINTS "technical data ," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to : 4 . 01 Availability of Lands 1 . the completeness of such reports A. OWNER shall furnish the Site . OWNER shall and drawings for CONTRACTOR's purposes , notify CONTRACTOR of any encumbrances or including , but not limited to , any aspects of the restrictions not of general application but specifically means , methods , techniques , sequences , and related to use of the Site with which CONTRACTOR procedures of construction to be employed by must comply in performing the Work . OWNER will CONTRACTOR, and safety precautions and obtain in a timely manner and pay for easements for programs incident thereto ; or permanent , structures or permanent changes in existing facilities . If CONTRACTOR and OWNER are 2 . other data , interpretations , opinions , unable to agree on entitlement to or on the amount or and information contained in such reports or extent, if any, of any adjustment in the Contract Price shown or indicated in such drawings ; or or Contract Times , or both , as a result of any delay in OWNER's furnishing the Site , CONTRACTOR may 3 . any CONTRACTOR interpretation of make a Claim therefor as provided in paragraph or conclusion drawn from any "technical data" 10 . 05 . or any such other data , interpretations , opinions , or information . B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement 4 . 03 Differing Subsurface or Physical Conditions of record legal title and legal description of the lands upon which the Work is to be performed and A. Notice: If CONTRACTOR believes that any OWNER's interest therein as necessary for giving subsurface or physical condition at or contiguous to notice of or filing a mechanic's or construction lien the Site that is uncovered or revealed either: against such lands in accordance with applicable Laws and Regulations . 1 . is of such a nature as to establish that any "technical data" on which CONTRAC- C . CONTRACTOR shall provide for all additional TOR is entitled to rely as provided in paragraph lands and access thereto that may be required for 4 . 02 is materially inaccurate ; or temporary construction facilities or storage of materials and equipment . 2 . is of such a nature as to require a change in the Contract Documents ; or 4 . 02 Subsurface and Physical Conditions 3 . differs materially from that shown or A. Reports and Drawings: The Supplementary indicated in the Contract Documents ; or Conditions identify: 4 . is of an unusual nature , and differs 1 . those reports of explorations and materially from conditions ordinarily tests of subsurface conditions at or contiguous encountered and generally recognized as inher- to the Site that ENGINEER has used in ent in work of the character provided for in the preparing the Contract Documents ; and Contract Documents ; 2 . those drawings of physical then CONTRACTOR shall , promptly after becoming conditions in or relating to existing surface or aware thereof and before further disturbing the 00700 - General Conditions REV 04-07.doc 00700 - 11 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (431"d Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc subsurface or physical conditions or performing any c . CONTRACTOR failed to give the Work in connection therewith (except in an emergency written notice within the time and as ye- as required by paragraph 6 . 16 .A) , notify OWNER and quired by paragraph 4 . 03 .A . ENGINEER in writing about such condition . CONTRACTOR shall not further disturb such 3 . If OWNER and CONTRACTOR are condition or perform any Work in connection therewith unable to agree on entitlement to or on the (except as aforesaid ) until receipt of written order to do amount or extent , if any, of any adjustment in so . the Contract Price or Contract Times , or both , a Claim may be made therefor as provided in B . ENGINEER 's Review. After receipt of written paragraph 10 . 05 . However, OWNER , notice as required by paragraph 4 . 03 . A, ENGINEER ENGINEER , and ENGINEER's Consultants will promptly review the pertinent condition , determine shall not be liable to CONTRACTOR for any the necessity of OWNER's obtaining additional claims , costs , losses , or damages ( including exploration or tests with respect thereto , and advise but not limited to all fees and charges of OWNER in writing (with a copy to CONTRACTOR) of engineers , architects , attorneys , and other ENGINEER's findings and conclusions . professionals and all court or arbitration or other dispute resolution costs ) sustained by C . Possible Price and Times Adjustments CONTRACTOR on or in connection with any other project or anticipated project . 1 . The Contract Price or the Contract Times , or both , will be equitably adjusted to the 4 . 04 Underground Facilities extent that the existence of such differing subsurface or physical condition causes an in- A. Shown or Indicated. The information and data crease or decrease in CONTRACTOR's cost shown or indicated in the Contract Documents with of, or time required for, performance of the respect to existing Underground Facilities at or Work ; subject , however, to the following : contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the a . such condition must meet any one or owners of such Underground Facilities , including more of the categories described in para- OWNER, or by others . Unless it is otherwise graph 4 . 03 .A; and expressly provided in the Supplementary Conditions : b . with respect to Work that is paid for 1 . OWNER and ENGINEER shall not on a Unit Price Basis , any adjustment in be responsible for the accuracy or com - Contract Price will be subject to the pleteness of any such information or data; and provisions of paragraphs 9 . 08 and 11 . 03 . 2 . the cost of all of the following will be 2 . CONTRACTOR shall not be entitled included in the Contract Price , and CONTRAC - to any adjustment in the Contract Price or TOR shall have full responsibility for : Contract Times if: a . reviewing and checking all such a . CONTRACTOR knew of the information and data , existence of such conditions at the time CONTRACTOR made a final commitment b . locating all Underground _ Facilities to OWNER in respect of Contract Price and shown or indicated in the Contract Contract Times by the submission of a Bid Documents , or becoming bound under a negotiated contract; or c . coordination of the Work with the owners of such Underground Facilities , b . the existence of such condition could including OWNER, during construction , and reasonably have been discovered or revealed as a result of any examination , d . the safety and protection of all such investigation , exploration , test, or study of Underground Facilities and repairing any the Site and contiguous areas required by damage thereto resulting from the Work . the Bidding Requirements or Contract Documents to be conducted by or for CON - B . Not Shown or Indicated TRACTOR prior to CONTRACTOR's making such final commitment; or 1 . If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions REV 04-07. doc 00700 - 12 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)V\dmim\bid documents\00700 - General Conditions REV 04-07 . doc 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 entary Conditions for the identification of therewith (except in an emergency as required the Supplem 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 ENGI - 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 Supplementary Conditions . Except for such reliance Facility. 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 2 . 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 . 4 . 05 Reference Points C . CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or A. OWNER shall provide engineering surveys to revealed at the Site which was not shown or indicated establish reference points for construction which in in Drawings or Specifications or identified in the ENGINEER's judgment are necessary to enable Contract Documents to be within the scope of the CONTRACTOR to proceed with the Work . CON - Work. CONTRACTOR shall be responsible for a TRACTOR shall be responsible for laying out the Hazardous Environmental Condition created with any Work, shall protect and preserve the established materials brought to the Site by CONTRACTOR , reference points and property monuments , and shall Subcontractors , Suppliers , or anyone else for whom make no changes or relocations without the prior CONTRACTOR is responsible . written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or D . If CONTRACTOR encounters a Hazardous property monument is lost or destroyed or requires Environmental Condition or if CONTRACTOR or relocation because of necessary changes in grades or anyone for whom CONTRACTOR is responsible locations , and shall be responsible for the accurate creates a Hazardous Environmental Condition , replacement or relocation of such reference points or CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition ; (ii ) stop all Work in 00700 - General Conditions REV 04-07 .doc 00700 - 13 17APublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\A.dmim\bid documents\00700 - General Conditions REV 04-07 .doc connection with such condition and in any area by CONTRACTOR or by anyone for whom affected thereby (except in an emergency as required CONTRACTOR is responsible . Nothing in this para- by paragraph 6 . 16 ) ; and ( iii ) notify OWNER and ENGI - graph 4 . 06 . E shall obligate OWNER to indemnify any NEER (and promptly thereafter confirm such notice in individual or entity from and against the consequences writing ) . OWNER shall promptly consult with of that individual ' s or entity's own negligence . ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or H . To the fullest extent permitted by Laws and take corrective action , if any. Regulations , CONTRACTOR shall indemnify and hold harmless OWNER , ENGINEER, ENGINEER's E . CONTRACTOR shall not be required to Consultants , and the officers , directors , partners , resume Work in connection with such condition or in employees , agents , other consultants , and any affected area until after OWNER has obtained any subcontractors of each and any of them from and required permits related thereto and delivered to against all claims , costs , losses , and damages CONTRACTOR written notice : (i ) specifying that such (including but not limited to all fees and charges of condition and any affected area is or has been engineers , architects , attorneys , and other rendered safe for the resumption of Work ; or ( ii ) professionals and all court or arbitration or other specifying any special conditions under which such dispute resolution costs ) arising out of or relating to a Work may be resumed safely. If OWNER and Hazardous Environmental Condition created by CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom on the amount or extent , if any, of any adjustment in CONTRACTOR is responsible . Nothing in this Contract Price or Contract Times , or both , as a result paragraph 4 . 06 . E shall obligate CONTRACTOR to of such Work stoppage or such special conditions indemnify any individual or entity from and against the under which Work is agreed to be resumed by consequences of that individual ' s or entity' s own negli- CONTRACTOR, either party may make a Claim gence . therefor as provided in paragraph 10 . 05 . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and F . If after receipt of such written notice 4 . 04 are not intended to apply to a Hazardous CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the based on a reasonable belief it is unsafe , or does not Site . agree to resume such Work under such special condi - tions , then OWNER may order the portion of the Work that is in the area affected by such condition to be ARTICLE 5 - BONDS AND INSURANCE deleted from the Work . If OWNER and CON - TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract 5 . 01 Performance, Payment, and Other Bonds Price or Contract Times as a result of deleting such portion of the Work , then either party may make a I f„ FRish peFfn .. . . aqee Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amount at le equal OWNER may have such deleted portion of the Work performed by OWNER Is own forces or others in Fn@RGe and PayMeflt at accordance with Article 7 . G . To the fullest extent permitted by Laws andaftpr the date vrh � pi—' . 4 ntQe^^w ,,� 6�1 Regulations , OWNER shall indemnify and hold eXGept a& :,Nise by Laws or Regulations harmless CONTRACTOR, Subcontractors , ENGI ^ r kit +k ^ I 2F18FItS . CONTRACTOR c: h - NEER, ENGINEER's Consultants and the officers , directors , partners , employees , agents , other . consultants , and subcontractors of each and any of them from and against all claims , costs , losses , and B . All Bonds shall be in the form prescribed by damages ( including but not limited to all fees and the Contract Documents except as provided otherwise charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed by professionals and all court or arbitration or other such sureties as are named in the current list of "Com - dispute resolution costs ) arising out of or relating to a panies Holding Certificates of Authority as Acceptable Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable such Hazardous Environmental Condition : ( i ) was not Reinsuring Companies" as published in Circular 570 shown or indicated in the Drawings or Specifications (amended ) by the Financial Management Service , or identified in the Contract Documents to be included Surety Bond Branch , U . S . Department of the within the scope of the Work , and ( ii ) was not created Treasury . All Bonds signed by an agent must be 00700 - General Conditions REV 04-07.doc 00700 - 14 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)Mnninl\bid documents\00700 - General Conditions REV 04-07 .doc accompanied by a certified copy of such agent's 2 claims for damages because of authority to act . bodily injury, occupational sickness or disease , C . If the surety on any Bond furnished by CON - or death of CONTRACTOR's employees ; TRACTOR is declared bankrupt or becomes insolvent 3 . claims for damages because of or its right to do business is terminated in any state g where any part of the Project is located or it ceases to bodily injury, sickness or disease , or death of meet the requirements of paragraph 5 . 01 . 13 , any person other than CONTRACTOR's CONTRACTOR shall within 20 days thereafter employees ; substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 4 . claims for damages insured by 5 . 01 . 13 and 5 . 02 . reasonably available personal injury liability coverage which are sustained : (i ) by any person 5 . 02 Licensed Sureties and Insurers as a result of an offense directly or indirectly related to the employment of such person by A. All Bonds and insurance required by the CONTRACTOR, or ( ii ) by any other person for Contract Documents to be purchased and maintained any other reason ; by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 5 . claims for damages , other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located- to issue Bonds or insurance policies- for the of-tangible property wherever located , -including limits and coverages so required . Such surety and loss of use resulting therefrom ; and insurance companies shall also meet such additional requirements and qualifications as may be provided in 6 . claims for damages because of the Supplementary Conditions . bodily injury or death of any person or property damage arising out of the ownership , mainte- 5 . 03 Certificates of Insurance nance or use of any motor vehicle . A. CONTRACTOR shall deliver to OWNER, with B . The policies of insurance so required by this copies to each additional insured identified in the paragraph 5 .04 to be purchased and maintained shall : Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWN - 1 . with respect to insurance required by ER or any other additional insured ) which CON - paragraphs 5 . 04 . A. 3 through 5 . 04 .A. 6 inclusive , TRACTOR is required to purchase and maintain . include as additional insureds (subject to any OWNER shall deliveF to GONTRACTGRWith Gepies customary exclusion in respect of professional in pAn dditi „ „ I • „ , red • do tif•PCI OR the S ,,.,ie- liability) OWNER , ENGINEER, ENGINEER's Consultants , and any other individuals or entities identified in the Supplementary Condi- tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , 5 . 04 CONTRACTOR 's Liability Insurance agents , and other consultants and subcontractors of each and any of all such A. CONTRACTOR shall purchase and maintain additional insureds , and the insurance afforded such liability and other insurance as is appropriate for to these additional insureds shall provide the Work being performed and as will provide primary coverage for all claims covered protection from claims set forth below which may arise thereby; out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations 2 . include at least the specific under the Contract Documents , whether it is to be per- coverages and be written for not less than the formed by CONTRACTOR, any Subcontractor or limits of liability provided in the Supplementary Supplier, or by anyone directly or indirectly employed Conditions or required by Laws or Regulations , by any of them to perform any of the Work , or by whichever is greater; anyone for whose acts any of them may be liable : 3 . include completed operations 1 . claims under workers' compensation , insurance ; disability benefits , and other similar employee benefit acts ; D0700 - General Conditions REV 04-07.doc 00700 - 15 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07.doc 4 . include contractual liability insurance PENGIrWEER'sCensultants , and-4n,—eta eT covering CONTRACTOR' s indemnity individuals or eRtities id —in the obligations under paragraphs 6 . 07 , 6 . 11 , and Supplementary CGRdifi +vers; 6 . 20 ; direGteFs , partReFs, empleyees , agents , afld atheF GGR6 ltafl 5 , contain a provision or endorsement that the coverage afforded will not be canceled , have2R ipsi treble. ipfere f And chA11 hp rgtPA_a? materially changed or renewal refused until at aan aadditio,nal insured ; least thirty days prior written notice has been given to OWNER and CONTRACTOR and to 2 pe-wr4 #en nn a Buildpr' s Risk "";; ' Ij each other additional insured identified in the er opeR peril-er-spesia Supplementary Conditions to whom a certificate fes', r,-that-srhaN-�st- dude„4s�nce feF of insurance has been issued (and the physiGal loss 9F damage te the Work , telmTrlo— certificates of insurance furnished by the CON - Fary bUildiRgg , false wGFk , and matw4als_and TRACTOR pursuant to paragraph 5 . 03 will so equipmeRt iR traRSitj 2Rd shall insure against at provide ) ; least the fnlln\ ^ Ilnn perils OF not ices of less , fire- 4ghtn * Rg,ex+ceRded—wrerage , theft , vandalism 6 . remain in effect at least until final , payment and at all times thereafter when CON - TRACTOR may be correcting , removing , or f9FGeMent of Laws- and Regulatiens , Watef replacing defective Work in accordance with eels Ar no ices e€ paragraph 13 . 07 ; and less as rRay be speGifiG211y required by the ; 7 . with respect to completed operations insurance , and any insurance coverage written 3 . rl-+r��161de 8XPeRSeS—inGUFF13d in the on a claims -made basis , remain in effect for at repair eF--repla least two years after final payment (and ed-tn fees oprf nhaFgeSG€ CONTRACTOR shall furnish OWNER and epg 4eeF -and-arrh+tests}; each other additional insured identified in the Supplementary Conditions , to whom a 4 . GgVeF—mate r als and eta certificate of insurance has been issued , �s + erl a+� m;esit evidence satisfactory to OWNER and any such additional insured of continuation of such rat it the WpFk , PFGVid8d t#at-� insurance at final payment and one year thereafter) . ded- by 5 . 05 OWNER 's Liability Insurance 5 . allow fer partial #e-W ark by-OWNER ; provided by CONTRACTOR under par p 5 . 04 , OWNER , at OWNER's optiqDmay purchase and maintain at OWNER's se OWNER's own liability insurance as M41protect OWNER against claims meet—is made Unless nthen ^ ,isp onreprl +n in OWNER ,WFit! Rg by CONTRACTR--anrt It 11_ 1_ a 5 . 06 Property Insurance in01 Fa RGe hos been issi led A. mssn +-o�hepwise- previded in the Supple Ma Rt UpeR the VVeFk at the Site boiler enrl mprbinpnr ' nsuronne nr orlieRal- prgpel-��f iAthe RmAllnf of the full renlonem pet nest fherpnf emeE�t@'7 the — IRtefestsof f EN OWNE-rR , CONTRACTOR , � r , SubGG I_�t,FAGte.Fs , E '' GINEEi , GINEER' S—r�ernrSFi - fonfs and onether iRdiyid als or epfit ' es�m�ed-4n r 1 . include—tlpinterests of QW�' E-R-, the gupplemeRtaFy GnnditieRs , each of whem_-is hGGRtrontnrs Ef\ I ('_ INIEG [7 00700 - General Conditions REV 04-07. doc 00700 - 16 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc _ WA . . _ . . . . . . a. • - ._ _ . . . . 1 . I Mal 01 WNIMIWOMWAMNIPA A& rAl ... WA.MIWIWIIIIWI MINIM 1 • , - , . . . ♦ • • • • • _ - AL AM a W IF • • • . . • • _ • • - • • - _ � . 1 _ � �*�mmmmmmmmAWEMAWAMAMM - MM • • • • • • • • •.WMMMIO . . • . . . • - . . _ • 1 • - • , • ' • • • , . • . • • . • , •. Ift -w �.A.AMWAIIAWLWIL M "JIM RHMIR IF MIA a A . ._ _ _ • • . , . • . , • • , I • - 1 1 A • TOS"M = am • ._ • WTMEI1WF&ILVArA . • ._ . • . M . _ • . u . . . _ - . . . _ . MI N INA •Ailsa • • • - . • 5 . 08 Receipt and Application of Insurance arid-a-Change Order Proceeds Coat A. Any -insured less wader the-PeIiGiGS of 5 . 10 Partial Utilization, Acknowledgment of lasurar�se Feqjjired by paF2gfaph 5 . 06 will be adjusted Property Insurer s fidYdary fnr the-iRsureds , aG theiF iRte><estS Ma-y A . If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial MGFtgage Glause and of paFagraph 5 . 0843 . OWNER Completion of all the Work as provided in paragraph eaey-S,,e,, 14 . 05 , no such use or occupancy shall commence rerce terl_Q_ aand sh�l_misa#tribAt Gh before the insurers providing the property insurance agreement aS theparties in interest may FeaGh . Il—rf-ne pursuant to paragraph 5 . 06 have acknowledged notice ether s, edalagreemen+ is reach ^rt the damaged thereof and in writing effected any changes in cover- t crn crrt ra--rcuvr�cc—cr-ro—czcr age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on appropriate the policy or policies , but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy . B—OWN €Rs fiducar3 -saall have power +n raIr adjUSt and settle n „ Ince vVith the ins , rers unless GRe of + he parties in interest shall ehiert in _Fting , ..ithin 15 ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES da7s- after the- rer�sc�- ^gess +- o 0;4!Np , exercise of this-power . If sureesti^ ^ be mad QWNF= R as fidWGiaFY S11211 make lerne^t with the 6 . 01 Supervision and Superintendence s the parties in interest may FlBaGh . If ^ ^ S , Gh agreemerol A. CONTRACTOR shall supervise , inspect , and among the parties in int^ res + ' s rearherl OWNER a6 direct the Work competently and efficiently, devoting #+daaci�af4-ad lst .... settle the-gesswit-,.,�h the such attention thereto and applying such skills and aRsurers and if reg „ irert ig WFi+inn by any part , in expertise as may be necessary to perform the Work in in+eyes + (1WN ' F.= R as fr7 'Wrian , Shan give hAAdl fnr the accordance with the Contract Documents . CON - TRACTOR shall be solely responsible for the means , methods , techniques , sequences , and procedures of 5 . 09 Acceptance of Bonds and Insurance; Option construction , but CONTRACTOR shall not be to Replace responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means , method , technique , sequence , or procedure of construction which is shown or indicated in and +n " cions of the Bends or irasararase re ^ , firer+ expressly required by the Contract Documents . CON - TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract ^hall Documents . receipt of the Gertifirates— (er ether . eviQeRGe B . At all times during the progress of the Work , requested}-required by paragraph 2 . 05 . G . t ^ IE-R CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced ase without written notice to OWNER and ENGINEER provided as the-ether may reaSenab 'Y Fequest . if except under extraordinary circumstances . The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR . All communications part}-i given to or received from the superintendent shall be binding on CONTRACTOR . aniGhaRge iR the required Beverage . Withew nreii dire to aRy ether right I .er remerl � , the other n -„-+„ 6 . 02 Labor; Working Hours nrnter+ S „ rh ether narhrs interests at the expense of A . CONTRACTOR shall provide competent , suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu - 00700 - General Conditions REV 04 -07.doc 00700 - 18 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase It (43rd Ave to 27th Ave)Wdmim\bid documents\00700 - General Conditions REV 04-07 .doc 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 . B . 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 ; 1 -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 B . 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 satisfactory evidence (including reports of required ENGINEER's sole discretion , be accomplished tests ) as to the source , kind , and quality of materials without compliance with some or all of the and equipment. All materials and equipment shall be requirements for approval of proposed substi- stored , applied , installed , connected , erected , tute items . For the purposes of this paragraph protected , used , cleaned , and conditioned in 6 . 05 .A . 11 a proposed item of material or accordance with instructions of the applicable equipment will be considered functionally equal Supplier, except as otherwise may be provided in the to an item so named if: Contract Documents . a . in the exercise of reasonable 6 . 04 Progress Schedule judgment ENGINEER determines that: (i ) it is at least equal in quality, durability, A. CONTRACTOR shall adhere to the progress appearance , strength , and design schedule established in accordance with paragraph characteristics ; (ii ) it will reliably perform at 2 . 07 as it may be adjusted from time to time as least equally well the function imposed by provided below. the design concept of the completed Project as a functioning whole , and ; 1 . CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- b . CONTRACTOR certifies that : ( i ) cated in paragraph 2 . 07 ) proposed adjustments there is no increase in cost to the OWNER; in the progress schedule that will not result in and (ii ) it will conform substantially, even changing the Contract Times (or Milestones ) . with deviations , to the detailed requirements Such adjustments will conform generally to the of the item named in the Contract progress schedule then in effect and additional- Documents . 00700 - General Conditions REV 04.07. doc 00700 - 19 17APublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Ndmim\bid documents\00700 - General Conditions REV 04-07 .doc 2 . Substitute Items directly or indirectly from use of such substitute item , including costs of redesign a . If in ENGINEER's sole discretion an and claims of other contractors affected by item of material or equipment proposed by any resulting change , all of which will be CONTRACTOR does not qualify as an considered by ENGINEER in evaluating the "or-equal " item under paragraph 6 . 05 .A. 1 , it proposed substitute item . ENGINEER may will be considered a proposed substitute require CONTRACTOR to furnish additional item . data about the proposed substitute item . b . CONTRACTOR shall submit suffi- B . Substitute Construction Methods or Proce - cient information as provided below to allow dures: If a specific means , method , technique , se - ENGINEER to determine that the item of quence , or procedure of construction is shown or material or equipment proposed is indicated in and expressly required by the Contract essentially equivalent to that named and an Documents , CONTRACTOR may furnish or utilize a acceptable substitute therefor . Requests for substitute means , method , technique , sequence , or review of proposed substitute items of procedure of construction approved by ENGINEER . material or equipment will not be accepted CONTRACTOR shall submit sufficient information to by ENGINEER from anyone other than allow ENGINEER, in ENGINEER's sole discretion , to CONTRACTOR . determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents . c . The procedure for review by ENGI - The procedure for review by ENGINEER will be similar NEER will be as set forth in paragraph to that provided in subparagraph 6 . 05 .A. 2 . 6 . 05 .A- 2 . d , as supplemented in the General Requirements and as ENGINEER may C . Engineer's Evaluation: ENGINEER will be decide is appropriate under the allowed a reasonable time within which to evaluate circumstances . each proposal or submittal made pursuant to para- graphs 6 . 05 .A and 6 . 05 . 13 . ENGINEER will be the d . CONTRACTOR shall first make sole judge of acceptability. No "or-equal" or substitute written application to ENGINEER for review will be ordered , installed or utilized until ENGINEER's of a proposed substitute item of material or review is complete , which will be evidenced by either a equipment that CONTRACTOR seeks to Change Order for a substitute or an approved Shop furnish or use . The application shall certify Drawing for an or equal . " ENGINEER will advise that the proposed substitute item will CONTRACTOR in writing of any negative perform adequately the functions and determination . achieve the results called for by the general design , be similar in substance to that D . Special Guarantee: OWNER may require specified , and be suited to the same use as CONTRACTOR to furnish at CONTRACTOR' s ex- that specified . The application will state the pense a special performance guarantee or other extent , if any, to which the use of the pro- surety with respect to any substitute . posed substitute item will prejudice CONTRACTOR's achievement of Substan - E . ENGINEER 's Cost Reimbursement: tial Completion on time , whether or not use ENGINEER will record time required by ENGINEER of the proposed substitute item in the Work and ENGINEER's Consultants in evaluating substitute will require a change in any of the Contract proposed or submitted by CONTRACTOR pursuant to Documents (or in the provisions of any other paragraphs 6 . 05 . A. 2 and 6 . 05 . 13 and in making direct contract with OWNER for work on the changes in the Contract Documents (or in the Project) to adapt the design to the proposed provisions of any other direct contract with OWNER substitute item and whether or not for work on the Project) occasioned thereby. Whether incorporation or use of the proposed substi- or not ENGINEER approves a substitute item so pro- tute item in connection with the Work is sub- posed or submitted by CONTRACTOR, CON - ject to payment of any license fee or royalty . TRACTOR shall reimburse OWNER for the charges All variations of the proposed substitute of ENGINEER and ENGINEER's Consultants for item from that specified will be identified in evaluating each such proposed substitute . the application , and available engineering , sales , maintenance , repair , and F . CONTRACTOR 's Expense: CONTRACTOR replacement services will be indicated . The shall provide all data in support of any proposed application will also contain an itemized esti- substitute or "or- equal " at CONTRACTOR's expense . mate of all costs or credits that will result 00700 - General Conditions REV 04-07. doc 00700 - 20 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)1Ndmim\bid documents\00700 - General Conditions REV 04-07 .doc 6 . 06 Concerning Subcontractors, Suppliers, tractors , Suppliers , and other individuals or entities and Others performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. A. CONTRACTOR shall not employ any Subcontractor, Supplier , or other individual or entity E . CONTRACTOR shall require all Subcontrac- ( including those acceptable to OWNER as indicated in tors , Suppliers , and such other individuals or entities paragraph 6 . 06 . 13) , whether initially or as a performing or furnishing any of the Work to commu- replacement, against whom OWNER may have nicate with ENGINEER through CONTRACTOR . reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or F . The divisions and sections of the Specifica- other individual or entity to furnish or perform any of tions and the identifications of any Drawings shall not the Work against whom CONTRACTOR has reason - control CONTRACTOR in dividing the Work among able objection . Subcontractors or Suppliers or delineating the Work to be performed by any specific trade . B . If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , or other G . All Work performed for CONTRACTOR by a individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an advance for acceptance by OWNER by a specified appropriate agreement between CONTRACTOR and date prior to the Effective Date of the Agreement, and the Subcontractor or Supplier which specifically binds if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier to the applicable terms accordance with the Supplementary Conditions , and conditions of the Contract Documents - for the OWNER's acceptance (either in writing or by failing to benefit of OWNER and ENGINEER . Whenever any make written objection thereto by the date indicated such agreement is with a Subcontractor or Supplier for acceptance or objection in the Bidding Documents who is listed as an additional insured on the property or the Contract Documents ) of any such Subcon- insurance provided in paragraph 5 . 06 , the agreement tractor, Supplier, or other individual or entity so between the CONTRACTOR and the Subcontractor identified may be revoked on the basis of reasonable or Supplier will contain provisions whereby the objection after due investigation : CONTRACTOR Subcontractor or Supplier waives all rights against shall submit an acceptable replacement for the OWNER, CONTRACTOR, ENGINEER, ENGINEER's rejected Subcontractor, Supplier, or other individual or Consultants , and all other individuals or entities entity, and the Contract Price will be adjusted by the identified in the Supplementary Conditions to be listed difference in the cost occasioned by such as insureds or additional insureds (and the officers , replacement, and an appropriate Change Order will be directors , partners , employees , agents , and other issued or Written Amendment signed . No acceptance consultants and subcontractors of each and any of by OWNER of any such Subcontractor, Supplier, or them ) for all losses and damages caused by, arising other individual or entity, whether initially or as a out of, relating to , or resulting from any of the perils or replacement, shall constitute a waiver of any right of causes of loss covered by such policies and any other OWNER or ENGINEER to reject defective Work . property insurance applicable to the Work. If the insurers on any such policies require separate waiver C . CONTRACTOR shall be fully responsible to forms to be signed by any Subcontractor or Supplier , OWNER and ENGINEER for all acts and omissions of CONTRACTOR will obtain the same . the Subcontractors , Suppliers , and other individuals or entities performing or furnishing any of the Work just 6 . 07 Patent Fees and Royalties as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions . Nothing in A. CONTRACTOR shall pay all license fees and the Contract Documents shall create for the benefit of royalties and assume all costs incident to the use in any such Subcontractor, Supplier, or other individual the performance of the Work or the incorporation in or entity any contractual relationship between OWNER the Work of any invention , design , process , product , or ENGINEER and any such Subcontractor, Supplier or device which is the subject of patent rights or or other individual or entity, nor shall it create any copyrights held by others . If a particular invention , obligation on the part of OWNER or ENGINEER to design , process , product , or device is specified in the pay or to see to the payment of any moneys due any Contract Documents for use in the performance of the such Subcontractor, Supplier, or other individual or Work and if to the actual knowledge of OWNER or entity except as may otherwise be required by Laws ENGINEER its use is subject to patent rights or and Regulations . copyrights calling for the payment of any license fee or royalty to others , the existence of such rights shall be D . CONTRACTOR shall be solely responsible disclosed by OWNER in the Contract Documents . To for scheduling and coordinating the Work of Subcon - the fullest extent permitted by Laws and Regulations , 00700 - General Conditions REV 04-07.doc 00700 - 21 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07.doc CONTRACTOR shall indemnify and hold harmless of the . Agreement if there were no Bids ) having an OWNER , ENGINEER , ENGINEER's Consultants , and effect on the cost or time of performance of the Work the officers , directors , partners , employees or agents , may be the subject of an adjustment in Contract Price and other consultants of each and any of them from or Contract Times . If OWNER and CONTRACTOR and against all claims , costs , losses , and damages are unable to agree on entitlement to or on the ( including but not limited to all fees and charges of amount or extent , if any, of any such adjustment , a engineers , architects , attorneys , and other Claim may be made therefor as provided in paragraph professionals and all court or arbitration or other 10 . 05 . dispute resolution costs ) arising out of or relating to any infringement of patent rights or copyrights incident 6 . 10 Taxes to the use in the performance of the Work or resulting from the incorporation in the Work of any invention , A. CONTRACTOR shall pay all sales , consum - design , process , product, or device not specified in the er, use , and other similar taxes required to be Contract Documents . paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the 6 . 08 Permits Project which are applicable during the performance of the Work . A. Unless otherwise provided in the Supple- mentary Conditions , CONTRACTOR shall obtain and B . OWNER qualifies for state and local sales tax pay for all construction permits and licenses . OWNER exemption in the purchase of all material and shall assist CONTRACTOR, when necessary, in equipment . obtaining such permits and licenses . CONTRACTOR shall pay all governmental charges and inspection 6 . 11 Use of Site and Other Areas fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids , or , if A. Limitation on Use of Site and Other Areas there are no Bids , on the Effective Date of the Agreement . CONTRACTOR shall pay all charges of 1 . CONTRACTOR shall confine utility owners for connections to the Work , and construction equipment, the storage of OWNER shall pay all charges of such utility owners materials and equipment, and the operations of for capital . costs related thereto , such as plant workers to the Site and other areas permitted investment fees . by Laws and Regulations , and shall not unreasonably encumber the Site and other 6 . 09 Laws and Regulations areas with construction equipment or other materials or equipment. CONTRACTOR shall A. CONTRACTOR shall give all notices and assume full responsibility for any damage to comply with all Laws and Regulations applicable to the any such land or area , or to the owner or performance of the Work . Except where otherwise occupant thereof, or of any adjacent land or expressly required by applicable Laws and areas resulting from the performance of the Regulations , neither OWNER nor ENGINEER shall be Work . responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations . 2 . Should any claim be made by any such owner or occupant because of the B . If CONTRACTOR performs any Work know- performance of the Work, CONTRACTOR shall ing or having reason to know that it is contrary to Laws promptly settle with such other party by or Regulations , CONTRACTOR shall bear all claims , negotiation or otherwise resolve the claim by costs , losses , and damages ( including but not limited arbitration or other dispute resolution to all fees and charges of engineers , architects , proceeding or at law. attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out 3 . To the fullest extent permitted by of or relating to such Work; however, it shall not be Laws and Regulations , CONTRACTOR shall CONTRACTOR's primary responsibility to make indemnify and hold harmless OWNER, certain that the Specifications and Drawings are in ENGINEER, ENGINEER's Consultant , and the accordance with Laws and Regulations , but this shall officers , directors , partners , employees , agents , not relieve CONTRACTOR of CONTRACTOR Is and other consultants of each and any of them obligations under paragraph 3 . 03 . from and against all claims , costs , losses , and damages ( including but not limited to all fees C . Changes in Laws or Regulations not known at and charges of engirieers , architects , attorneys , the time of opening of Bids ( or, on the Effective Date and other professionals and all court or 00700 - General Conditions REV 04-07.doc 00700 - 22 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)V\dnninn\bid documents\00700 - General Conditions REV 04-07 .doc 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 2 . 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 . 3 . 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 com - 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 in any manner that will endanger the structure , nor CONTRACTOR, any Subcontractor, Supplier, or any shall CONTRACTOR subject any part of the Work or other individual or entity directly or indirectly employed adjacent property to stresses or pressures that will by any of them to perform any of the Work , or anyone endanger it. for whose acts any of them may be liable , shall be remedied by CONTRACTOR (except damage or loss 6 . 12 Record Documents attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER A. CONTRACTOR shall maintain in a safe place or ENGINEER's Consultant, or anyone employed by at the Site one record copy of all Drawings , Specifica- any of them , or anyone for whose acts any of them tions , Addenda , Written Amendments , Change may be liable , and not attributable , directly or Orders , Work Change Directives , Field Orders , and indirectly, in whole or in part, to the fault or negligence written interpretations and clarifications in good order of CONTRACTOR or any Subcontractor, Supplier, or and annotated to show changes made during other individual or entity directly or indirectly employed construction . These record documents together with by any of them ) . CONTRACTOR's duties and all approved Samples and a counterpart of all responsibilities for safety and for protection of the approved Shop Drawings will be available to ENGI- Work shall continue until such time as all the Work is NEER for reference . Upon completion of the Work, completed and ENGINEER has issued a notice to these record documents , Samples , and Shop OWNER and CONTRACTOR in accordance with Drawings will be delivered to ENGINEER for OWNER. paragraph 14 . 07 . 13 that the Work is acceptable (except as otherwise expressly provided in connection 6 . 13 Safety and Protection with Substantial Completion ) . A. CONTRACTOR shall be solely responsible 6 . 14 Safety Representative for initiating , maintaining and supervising all safety precautions and programs in connection with the A. CONTRACTOR shall designate a qualified Work . CONTRACTOR shall take all necessary and experienced safety representative at the Site precautions for the safety of, and shall provide the whose duties and responsibilities shall be the necessary protection to prevent damage , injury or loss prevention of accidents and the maintaining and to : supervising of safety precautions and programs . 00700 - General Conditions REV 04-07 .doc 00700 - 23 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc 6 . 15 Hazard Communication Programs approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data D . Submittal Procedures sheets or other hazard communication information required to be made available to or exchanged be- 1 . Before submitting each Shop tween or among employers at the Site in accordance Drawing or Sample , CONTRACTOR shall have with Laws or Regulations . determined and verified : 6 . 16 Emergencies a . all field measurements , quantities , dimensions , specified performance criteria , A. In emergencies affecting the safety or protec- installation requirements , materials , catalog tion of persons or the Work or property at the Site or numbers , and similar information with adjacent thereto , CONTRACTOR is obligated to act to respect thereto ; prevent threatened damage , injury, or loss . CONTRACTOR shall give ENGINEER prompt written b . all materials with respect to intended notice if CONTRACTOR believes that any significant use , fabrication , shipping , handling , storage , changes in the Work or variations from the Contract assembly, and installation pertaining to the Documents have been caused thereby or are required performance of the Work ; as a result thereof . If ENGINEER determines that a change in the Contract Documents is required be- c . all information relative to means , cause of the action taken by CONTRACTOR in methods , techniques , sequences , and response to such an emergency, a Work Change procedures of construction and safety Directive or Change Order will be issued . precautions and programs incident thereto ; and 6. 17 Shop Drawings and Samples d . CONTRACTOR shall also have A. CONTRACTOR shall submit Shop Drawings reviewed and coordinated each Shop to ENGINEER for review and approval in accordance Drawing or Sample with other Shop with the acceptable schedule of Shop Drawings and Drawings and Samples and with the Sample submittals . All submittals will be identified as requirements of the Work and the Contract ENGINEER may require and in the number of copies Documents . specified in the General Requirements . The data shown on the Shop Drawings will be complete with 2 . Each submittal shall bear a stamp or respect to quantities , dimensions , specified perfor- specific written indication that CONTRACTOR mance and design criteria , materials , and similar data has satisfied CONTRACTOR's obligations to show ENGINEER the services , materials , and under the Contract Documents with respect to equipment CONTRACTOR proposes to provide and CONTRACTOR's review and approval of that to enable ENGINEER to review the information for the submittal . limited purposes required by paragraph 6 . 17 . E . 3 . At the time of each submittal , CON - B . CONTRACTOR shall also submit Samples to TRACTOR shall give ENGINEER specific ENGINEER for . review and approval in accordance written notice of such variations , if any, that the with the acceptable schedule of Shop Drawings and Shop Drawing or Sample submitted may have Sample submittals . Each Sample will be identified from the requirements of the Contract clearly as to material , Supplier, pertinent data such as Documents , such notice to be in a written com - catalog numbers , and the use for which intended and munication separate from the submittal ; and , in otherwise as ENGINEER may require to enable ENGI - addition , shall cause a specific notation to be NEER to review the submittal for the limited purposes made on each Shop Drawing and Sample sub- required by paragraph 6 . 17 . E . The numbers of each mitted to ENGINEER for review and approval of Sample to be submitted will be as specified in the each such variation . Specifications . E . ENGINEER 's Review C . Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop 1 . ENGINEER will timely review and Drawings and Sample submittals acceptable to ENGI - approve Shop Drawings and Samples in NEER as required by paragraph 2 . 07 , any related accordance with the schedule of Shop Work performed prior to ENGINEER's review and Drawings and Sample submittals acceptable to 00700 - General Conditions REV 04-07. doc 00700 - 24 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)VAdmim\bid documents\00700 - General Conditions REV 04-07 .doc ENGINEER . ENGINEER's review and approval will be only to determine if the items 6 . 19 CONTRACTOR 's General Warranty and covered by the submittals will , after installation Guarantee or incorporation in the Work , conform to the information given in the Contract Documents A. CONTRACTOR warrants and guarantees to and be compatible with the design concept of OWNER, ENGINEER, and ENGINEER's Consultants the completed Project as a functioning whole as that all Work will be in accordance with the Contract indicated by the Contract Documents . Documents and will not be defective . CONTRACTOR's warranty and guarantee hereunder 2 . ENGINEER's review and approval excludes defects or damage caused by: will not extend to means , methods , techniques , sequences , or procedures . of construction 1 . abuse , modification , or improper (except where a particular means , method , maintenance or operation by persons other technique , sequence , or procedure of con- than CONTRACTOR, Subcontractors , struction is specifically and expressly called for Suppliers , or any other individual or entity for by the Contract Documents ) or to safety whom CONTRACTOR is responsible ; or precautions or programs incident thereto . The review and approval of a separate item as such 2 . normal wear and tear under normal will not indicate approval of the assembly in usage . which the item functions . B . CONTRACTOR's obligation to perform and 3 . ENGINEER's review and approval of complete the Work in accordance with the Contract Shop Drawings or Samples shall not relieve Documents shall be absolute . None of the following CONTRACTOR from responsibility for any will constitute an acceptance of Work that is not in variation from the requirements of the Contract accordance with the Contract Documents or a release Documents unless CONTRACTOR has in of CONTRACTOR's obligation to perform the Work in writing called ENGINEER's attention to each accordance with the Contract Documents : such variation at the time of each submittal as required by paragraph 6 . 17 . D . 3 and ENGI - 1 . observations by ENGINEER; NEER has given written approval of each such variation by specific written notation thereof 2 , recommendation by ENGINEER or incorporated in or accompanying the Shop payment by OWNER of any progress or final Drawing or Sample approval ; nor will any payment; approval by ENGINEER relieve CON - TRACTOR from responsibility for complying 3 . the issuance of a certificate of Sub- with the requirements of paragraph 6 . 17 . D . l . stantial Completion by ENGINEER or any payment related thereto by OWNER; F . Resubmittal Procedures 4 . use or occupancy of the Work or any 1 . CONTRACTOR shall make correc- part thereof by OWNER; tions required by ENGINEER and shall return the required number of corrected copies of 5 . any acceptance by OWNER or any Shop Drawings and submit as required new failure to do so; Samples for review and approval . CON- TRACTOR shall direct specific attention in 6 . any review and approval of a Shop writing to revisions other than the corrections Drawing or Sample submittal or the issuance of called for by ENGINEER on previous a notice of acceptability by ENGINEER; submittals . 7 . any inspection , test, or approval by 6 . 18 Continuing the Work others ; or A. CONTRACTOR shall carry on the Work and 8 . any correction of defective Work by adhere to the progress schedule during all disputes or OWNER. disagreements with OWNER . No Work shall be delayed or postponed pending resolution of any 6 . 20 Indemnification disputes or disagreements , except as permitted by paragraph 15 . 04 or as OWNER and CONTRACTOR A. To the fullest extent permitted by Laws and may otherwise agree in writing . Regulations , CONTRACTOR shall indemnify and hold 00700 - General Conditions REV 04-07.doc 00700 - 25 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc harmless OWNER , ENGINEER , ENGINEER' s opinions , reports , surveys , Change Orders , Consultants , and the officers , directors , partners , designs , or Specifications ; or employees , agents , and other consultants and subcontractors of each and any of them from and 2 . giving directions or instructions , or against all claims , costs , losses , and damages failing to give them , if that is the primary cause (including but not limited to all fees and charges of of the injury or damage . engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out of or relating to ARTICLE 7 - OTHER WORK the performance of the Work , provided that any such claim , cost, loss , or damage : 7 . 01 Related Work of Site 1 . is attributable to bodily injury, sickness , disease , or death , or to injury to or A. OWNER may perform other work related to destruction of tangible property (other than the the Project at the Site by OWNER's employees , or let Work itself) , including the loss of use resulting other direct contracts therefor, or have other work therefrom ; and performed by utility owners . If such other work is not noted in the Contract Documents , then : 2 . is caused in whole or in part by any negligent act or omission of CONTRACTOR, 1 . written notice thereof will be given to any Subcontractor , any Supplier, or any CONTRACTOR prior to starting any such other individual . or entity directly or indirectly work ; and employed by any of them to perform any of the Work or anyone for whose acts any of them 2 . if OWNER and CONTRACTOR are may be liable , regardless of whether or not unable to agree on entitlement to or on the caused in part by any negligence or omission of amount or extent , if any, of any adjustment in an individual or entity indemnified hereunder or the Contract Price or Contract Times that whether liability is imposed upon such indemni- should be allowed as a result of such other fied party by Laws and Regulations regardless work , a Claim may be made therefor as of the negligence of any such individual or provided in paragraph 10 . 05 . entity. B . CONTRACTOR shall afford each other B . In any and all claims against OWNER or contractor who is a party to such a direct contract and ENGINEER or any of their respective consultants , each utility owner (and OWNER, if OWNER is per- agents , officers , directors , partners , or employees by forming the other work with OWNER's employees ) any employee (or the survivor or personal proper and safe access to the Site and a reasonable representative of such employee) of CONTRACTOR , opportunity for the introduction and storage of any Subcontractor , any Supplier , or any individual or materials and equipment and the execution of such entity directly or indirectly employed by any of them to other work and shall properly coordinate the Work with perform any of the Work , or anyone for whose acts theirs . Unless otherwise provided in the Contract any of them may be liable , the indemnification Documents , CONTRACTOR shall do all cutting , obligation under paragraph 6 .20 .A shall not be limited fitting , and patching of the Work that may be required in any way by any limitation on the amount or type of to properly connect or otherwise make its several damages , compensation , or benefits payable by or for parts come together and properly integrate with such CONTRACTOR or any such Subcontractor, Supplier, other work . CONTRACTOR shall not endanger any or other individual or entity under workers' compen - work of others by cutting , excavating , or otherwise sation acts , disability benefit acts , or other employee altering their work and will only cut or alter their work benefit acts . with the written consent of ENGINEER and the others whose work will be affected . The duties and C . The indemnification obligations of CON - responsibilities of CONTRACTOR under this TRACTOR under paragraph 6 . 20 .A shall not extend to paragraph are for the benefit of such utility owners and the liability of ENGINEER and ENGINEER' s other contractors to the extent that there are Consultants or to the officers , directors , partners , comparable provisions for the benefit of employees , agents , and other consultants and CONTRACTOR in said direct contracts between subcontractors of each and any of them arising out of: OWNER and such utility owners and other contractors . 1 . the preparation or approval of , or the. failure to prepare or approve , maps , Drawings , 00700 - General Conditions REV 04-07 .doc 00700 - 26 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase It (43rd Ave to 27th Ave)Wdmim\bid documents\00700 - General Conditions REV 04-07 .doc 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 7 . 02 Coordination A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to A. If OWNER intends to contract with others for establish reference points are set forth in paragraphs the performance of other work on the Project at the 4 . 01 and 4 . 05 . Paragraph 4 .02 refers to OWNER's Site , the following will be set forth in Supplementary identifying and making available to CONTRACTOR Conditions : copies of reports of explorations and tests of subsurface conditions and drawings of physical 1 . the- individual or entity- who will have conditions in or relating to existing surface or authority and responsibility for coordination of subsurface structures at or contiguous to the Site that the activities among the various contractors will have been utilized by ENGINEER in preparing the be identified ; Contract Documents . 2 . the specific matters to be covered by 8 . 06 Insurance such authority and responsibility will be itemized ; and A. OWNER's responsibilities , if any, in respect to purchasing and maintaining liability and property insur- 3 . the extent of such authority and ance are set forth in Article 5 . responsibilities will be provided . 8 . 07 Change Orders B . Unless otherwise provided in the Supplementary Conditions , OWNER shall have sole A. OWNER is obligated to execute Change authority and responsibility for such coordination . Orders as indicated in paragraph 10 . 03 . 8 . 08 Inspections, Tests, and Approvals ARTICLE 8 - OWNER'S RESPONSIBILITIES A. OWNER's responsibility in respect to certain inspections , tests , and approvals is set forth in 8 . 01 Communications to Contractor paragraph 13 . 03 . 8 . A. Except as otherwise provided in these 8 . 09 Limitations on OWNER 's Responsibilities General Conditions , OWNER- shall issue all communi - cations to CONTRACTOR through ENGINEER . A. The OWNER shall not supervise , direct, or have control or authority over, nor be responsible for , 8 . 02 Replacement of ENGINEER CONTRACTOR's means , methods , techniques , se- quences , or procedures of construction , or the safety A. In case of termination of the employment of precautions and programs incident thereto , or for any ENGINEER , OWNER shall appoint an engineer to failure of CONTRACTOR to comply with Laws and whom CONTRACTOR makes no reasonable Regulations applicable to the performance of the objection , whose status under the Contract Work . OWNER will not be responsible for Documents shall be that of the former ENGINEER. CONTRACTOR's failure to perform the Work in accordance with the Contract Documents . 00700 - General Conditions REV 04-07.doc 00700 - 27 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)Wdmim\bid documents\00700 - General Conditions REV 04-07 .doc 8 . 10 Undisclosed Hazardous Environmental of ENGINEER's visits or observations of Condition CONTRACTOR's Work ENGINEER will not supervise , direct, control , or have authority over or be A. OWNER's responsibility in respect to an responsible for CONTRACTOR's means , methods , undisclosed Hazardous Environmental Condition is techniques , sequences , or procedures of construction , set forth in paragraph 4 . 06 . or the safety precautions and programs incident thereto , or for any failure of CONTRACTOR to comply 8 . 11 Evidence of Financial Arrangements with Laws and Regulations applicable to the performance of the Work. A . If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that 9 . 03 Project Representative financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents , A. If OWNER and ENGINEER agree , ENGI - OWNER's responsibility in respect thereof will be as NEER will furnish a Resident Project Representative set forth in the Supplementary Conditions . to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident ARTICLE 9 - ENGINEER' S STATUS DURING Project Representative and assistants will be as CONSTRUCTION provided in paragraph 9 . 10 and in the Supplementary Conditions . If OWNER designates another represen - tative or agent to represent OWNER at the Site who is 9 . 01 OWNER 'S Representative not ENGINEER's Consultant , agent or employee , the responsibilities and authority and limitations thereon of A. ENGINEER will be OWNER's representative such other individual or entity will be as provided in the during the construction period . The duties and Supplementary Conditions . responsibilities and the limitations of authority of ENGINEER as OWNER Is representative during 9 . 04 Clarifications and Interpretations construction are set forth in the Contract Documents and will not be changed without written consent of A . ENGINEER will issue with reasonable OWNER and ENGINEER. promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9 . 02 Visits to Site as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably A. ENGINEER will make visits to the Site at inferable from the Contract Documents . Such written intervals appropriate to the various stages of construc- clarifications and interpretations will be binding on tion as ENGINEER deems necessary in order to OWNER and CONTRACTOR. If OWNER and CON - observe as an experienced and qualified design TRACTOR are unable to agree on entitlement to or on professional the progress that has been made and the the amount or extent, if any, of any adjustment in the quality of the various aspects of CONTRACTOR's Contract Price or Contract Times , or both , that should executed Work . Based on information obtained be allowed as a result of a written clarification or during such visits and observations , ENGINEER , for interpretation , a Claim may be made therefor as the benefit of OWNER , will determine , in general , if provided in paragraph 10 . 05 . the Work is proceeding in accordance with the Con - tract Documents . ENGINEER will not be required to 9 . 05 Authorized Variations in Work make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . A. ENGINEER may authorize minor variations in ENGINEER's efforts will be directed toward providing the Work from the requirements of the Contract for OWNER a greater degree of confidence that the Documents which do not involve an adjustment in the completed Work will conform generally to the Contract Contract Price or the Contract Times and are compati - Documents . On the basis of such visits and ble with the design concept of the completed Project observations , ENGINEER will keep OWNER informed as a functioning whole as indicated by the Contract of the progress of the Work and will endeavor to guard Documents . These may be accomplished by a Field OWNER against defective Work . Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved B . ENGINEER' s visits and observations are promptly . If OWNER and CONTRACTOR are unable subject to all the limitations on ENGINEER' s authority to agree on entitlement to or on the amount or extent , and responsibility set forth in paragraph 9 . 10 , and if any , of any adjustment in the Contract Price or particularly, but without limitation , during or as a result Contract Times , or both , as a result of a Field Order , 00700 - General Conditions REV 04-07.doc 00700 - 29 PAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc a Claim may be made therefor as provided in accordance with the provisions of paragraph 10 . 05 , paragraph 10 . 05 . with a request for a formal decision . 9 . 06 Rejecting Defective Work B . When functioning as interpreter and judge under this paragraph 9 . 09 , ENGINEER will not show A. ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will not or reject Work which ENGINEER believes to be be liable in connection with any interpretation or defective , or that ENGINEER believes will not produce decision rendered in good faith in such capacity. The a completed Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this Documents or that will prejudice the integrity of the paragraph 9 . 09 with respect to any such Claim , design concept of the completed Project as a dispute , or other matter (except any which have been functioning whole as indicated by the Contract waived by the making or acceptance of final payment Documents . ENGINEER will also have authority to as provided in paragraph 14 . 07 ) will be a condition require special inspection or testing of the Work as precedent to any exercise by OWNER or provided in paragraph 13 . 04 , whether or not the Work CONTRACTOR of such rights or remedies as either is fabricated , installed , or completed . may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim , 9 . 07 Shop Drawings, Change Orders and dispute , or other matter. Payments 9 . 10 Limitations on ENGINEER 's Authority and A. In connection with ENGINEER's authority as Responsibilities - to Shop Drawings and Samples , see paragraph 6 . 17 . A. Neither ENGINEER's authority or respon- B . In connection with ENGINEER's authority as sibility under this Article 9 or under any other provision to Change Orders , see Articles 10 , 11 , and 12 . of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not C . In connection with ENGINEER's authority as exercise such authority or responsibility or the to Applications for Payment, see Article 14 . undertaking , exercise , or performance of any authority or responsibility by ENGINEER shall create , impose , 9 . 08 Determinations for Unit Price Work or give rise to any duty in contract, tort , or otherwise owed by ENGINEER to CONTRACTOR, any Subcon - A. ENGINEER will determine the actual quanti- tractor, any Supplier, any other individual or entity, or ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them . by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary B . ENGINEER will not supervise , direct, control , determinations on such matters before rendering a or have authority over or be responsible for written decision thereon (by recommendation of an CONTRACTOR's means , methods , techniques , se- Application for Payment or otherwise ) . ENGINEER's quences , or procedures of construction , or the safety written decision thereon will be final and binding precautions and programs incident thereto , or for any (except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and factual conditions or more accurate data ) upon Regulations applicable to the performance of the OWNER and CONTRACTOR , subject to the Work . ENGINEER will not be responsible for provisions of paragraph 10 . 05 . CONTRACTOR's failure to perform the Work in accordance with the Contract Documents . 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work C . ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any A . ENGINEER will be the initial interpreter of the Subcontractor, any Supplier, or of any other individual requirements of the Contract Documents and judge of or entity performing any of the Work . the acceptability of the Work thereunder. Claims , disputes and other matters relating to the acceptability D . ENGINEER's review of the final Application of the Work , the quantities and classifications of Unit for Payment and accompanying documentation and all Price Work, the interpretation of the requirements of maintenance and operating instructions , schedules , the Contract Documents pertaining to the guarantees , Bonds , certificates of inspection , tests performance of the Work , and Claims seeking and approvals , and other documentation required to changes in the Contract Price or Contract Times will be delivered by paragraph 14 . 07 .A will only be to be referred initially to ENGINEER in writing , in determine generally that their content complies with the requirements of, and in the case of certificates of 00700 - General Conditions REV 04-07.doc 00700 - 29 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc inspections , tests , and approvals that the results 2 . changes in the Contract Price or certified indicate compliance with , the Contract Contract Times which are agreed to by the Documents . parties , including any undisputed sum or amount of time for Work actually performed in E . The limitations upon authority and responsibil - accordance with a Work Change Directive ; and ity set forth in this paragraph 9 . 10 shall also apply to ENGINEER' s Consultants , Resident Project Repre- 3 . changes in the Contract Price or sentative , and assistants . Contract Times which embody the substance of any written decision rendered by ENGINEER ARTICLE 10 - CHANGES IN THE WORK; CLAIMS pursuant to paragraph 10 . 05 ; provided that , in lieu of executing any such Change Order , an appeal may be taken from any such decision in 10 . 01 Authorized Changes in the Work accordance with the provisions of the Contract Documents and applicable Laws and Regula- A. Without invalidating the Agreement and tions , but during any such appeal , without notice to any surety, OWNER may, at any time CONTRACTOR shall carry on the Work and or from time to time , order additions , deletions , or adhere to the progress schedule as provided in revisions in the Work by a Written Amendment , a paragraph 6 . 18 .A. Change Order, or a Work Change Directive . Upon receipt of any such document , CONTRACTOR shall 10 . 04 Notification to Surety promptly proceed with the Work involved which will be performed under the applicable conditions of the A . If notice of any change affecting the general Contract Documents (except as otherwise specifically scope of the Work or the provisions of the Contract provided ) . Documents ( including , but not limited to , Contract Price or Contract Times ) is required by the provisions B . If OWNER and CONTRACTOR are unable to of any Bond to be given to a surety, the giving of any agree on entitlement to , or on the amount or extent , if such notice will be CONTRACTOR's responsibility . any, of an adjustment in the Contract Price or Contract The amount of each applicable Bond will be adjusted Times , or both , that should be allowed as a result of a to reflect the effect of any such change . Work Change Directive , a Claim may be made therefor as provided in paragraph 10 . 05 . 10 . 02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended , modified , or supplemented as provided in paragraph 3 . 04 , except in the case of an emergency as provided in paragraph 6 . 16 or in the case of uncovering Work as provided in paragraph 13 . 04 . B . 10 . 03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI - NEER (or Written Amendments ) covering : 1 . changes in the Work which are : ( i ) ordered by OWNER pursuant to paragraph 10 . 01 . A, ( ii ) required because of acceptance of defective Work under paragraph 13 . 08 . A or OWNER's correction of defective Work under paragraph 13 . 09 , or ( iii ) agreed to by the parties ; 00700 - General Conditions REV 04 -07.doc 00700 - 30 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\007D0 - General Conditions REV 04-07 .doc 10 . 05 Claims and Disputes C . If ENGINEER does not render a formal A. Notice: Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim , dispute , or other matter shall be 10 . 05 . 13 , a decision denying the Claim in its entirety delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly (but in no event later receipt of the last submittal of the claimant or the last than 30 days ) after the start of the event giving rise submittal of the opposing party, if any. thereto . Notice of the amount or extent of the Claim , dispute , or other matter with supporting data shall be D . No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times (or Milestones ) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10 . 05 . (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim , dispute , or other matter) . A Claim for ARTICLE 11 - COST OF THE WORK; CASH an adjustment in Contract Price shall be prepared in ALLOWANCES ; UNIT PRICE WORK accordance with the provisions of paragraph 12 . 01 . 13 . A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of 11 . 01 Cost of the Work paragraph 12 . 02 . 13 . Each Claim shall be accom - panied by claimant's written statement that the adjust- A. Costs Included: The term Cost of the Work ment claimed is the- entire adjustment to -which the means the sum of all costs necessarily incurred and claimant believes it is entitled as a result of said event. paid by CONTRACTOR in the proper performance of The opposing party shall submit any response to the Work . When the value of any Work covered by a ENGINEER and the claimant within 30 days after Change Order or when a Claim for an adjustment in receipt of the claimant's last submittal (unless Contract Price is determined on the basis of Cost of ENGINEER allows additional time) . the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or B . ENGINEER 's Decision: ENGINEER will incremental costs required because of the change in render a formal decision in writing within 30 days after the Work or because of the event giving rise to the receipt of the last submittal of the claimant or the last Claim . Except as otherwise may be agreed to in submittal of the opposing party, if any. ENGINEER's writing by OWNER, such costs shall be in amounts no written decision on such Claim , dispute , or other higher than those prevailing in the locality of the matter will be final and binding upon OWNER and Project, shall include only the following items , and CONTRACTOR unless : shall not include any of the costs itemized in para- graph 11 . 01 . 13 . 1 . an appeal from ENGINEER's decision is taken within the time limits and in 1 . Payroll costs for employees in the accordance with the dispute resolution direct employ of CONTRACTOR in the perfor- procedures set forth in Article 16 ; or mance of the Work under schedules of job classifications agreed upon by OWNER and 2 , if no such dispute resolution CONTRACTOR. Such employees shall include procedures have been set forth in Article 16 , a without limitation superintendents , foremen , written notice of intention to appeal from and other personnel employed full time at the ENGINEER's written decision is delivered by Site . Payroll costs for employees not employed OWNER or CONTRACTOR to the other and to full time on the Work shall be apportioned on ENGINEER within 30 days after the date of the basis of their time spent on the Work . such decision , and a formal proceeding is Payroll costs shall include , but not be limited to , instituted by the appealing party in a forum of salaries and wages plus the cost of fringe competent jurisdiction within 60 days after the benefits , which shall include social security date of such decision or within 60 days after contributions , unemployment, excise , and Substantial Completion , whichever is later payroll taxes , workers' compensation , health (unless otherwise agreed in writing by OWNER and retirement benefits , bonuses , sick leave , and CONTRACTOR) , to exercise such rights or vacation and holiday pay applicable thereto . remedies as the appealing party may have with The expenses of performing Work outside of respect to such Claim , dispute , or other matter regular working hours , on Saturday, Sunday, or in accordance with applicable Laws and legal holidays , shall be included in the above to Regulations . the extent authorized by OWNER. D0700 - General Conditions REV 04-07.doc 00700 - 31 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc 2 . Cost of all materials and equipment dance with rental agreements approved by furnished and incorporated in the Work , includ - OWNER with the advice of ENGINEER, and ing costs of transportation and storage thereof, the costs of transportation , loading , unloading , and Suppliers ' field services required in assembly, dismantling , and removal thereof. connection therewith . All cash discounts shall All such costs shall be in accordance with the accrue to CONTRACTOR unless OWNER terms of said rental agreements . The rental of deposits funds with CONTRACTOR with which any such equipment, machinery, or parts shall to make payments , in which case the cash cease when the use thereof is no longer discounts shall accrue to OWNER . All trade necessary for the Work . discounts , rebates and refunds and returns from sale of surplus materials and equipment d . Sales , consumer, use , and other shall accrue to OWNER , and CONTRACTOR similar taxes related to the Work , and for which shall make provisions so that they may be CONTRACTOR is liable , imposed by Laws and obtained . Regulations . 3 . Payments made by CONTRACTOR e . Deposits lost for causes other than to Subcontractors for Work performed by negligence of CONTRACTOR , any Sub- Subcontractors . If required by OWNER, CON - contractor, or anyone directly or indirectly TRACTOR shall obtain competitive bids from employed by any of them or for whose acts any subcontractors acceptable to OWNER and of them may be liable , and royalty payments CONTRACTOR and shall deliver such bids to and fees for permits and licenses . OWNER, who will then determine , . with the advice of ENGINEER, which bids , if any , will be f. Losses and damages (and related acceptable . If any subcontract provides that the expenses ) caused by damage to the Work , not Subcontractor is to be paid on the basis of Cost compensated by insurance or otherwise , sus- of the Work plus a fee , the Subcontractor's tained by CONTRACTOR in connection with Cost of the Work and fee shall be determined the performance of the Work ( except losses in the same manner as CONTRACTOR's Cost and damages within the deductible amounts of of the Work and fee as provided in this para- property insurance established in accordance graph 11 . 01 . with paragraph 5 . 06 . D ) , provided such losses and damages have resulted from causes other 4 . Costs of special consultants than the negligence of CONTRACTOR, "any ( including but not limited to engineers , Subcontractor, or anyone directly or indirectly architects , testing laboratories , surveyors , employed by any of them or for whose acts any attorneys , and accountants ) employed for of them may be liable . Such losses shall services specifically related to the Work . include settlements made with the written consent and approval of OWNER . No such 5 . Supplemental costs including the losses , damages , and expenses shall be following : included in the Cost of the Work for the purpose of determining CONTRACTOR's fee . a . The proportion of necessary trans- portation , travel , and subsistence expenses of g . The cost of utilities , fuel , and sanitary CONTRACTOR's employees incurred in dis- facilities at the Site . charge of duties connected with the Work . h . Minor expenses such as telegrams , b . Cost, including transportation and long distance telephone calls , telephone service maintenance , of all materials , supplies , equip- at the Site , expressage , and similar petty cash ment, machinery, appliances , office , and items in connection with the Work . temporary facilities at the Site , and hand tools not owned by the workers , which are consumed i . When the Cost of the Work is used to in the performance of the Work , and cost , less determine the value of a Change Order or of a market value , of such items used but not con- Claim , the cost of premiums for additional sumed which remain the property of CON- Bonds and insurance required because of the TRACTOR. changes in the Work or caused by the event giving rise to the Claim . C . Rentals of all construction equipment and machinery, and the parts thereof whether j . When all the Work is performed on rented from CONTRACTOR or others in accor- the basis of cost- plus , the costs of premiums 00700 - 32 00700 - General Conditions REV 04-07.doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)VAdmim\bid documents\00700 - General Conditions REV 04-07 .doc for all Bonds and insurance CONTRACTOR is D . Documentation: Whenever the Cost of the required by the Contract Documents to Work for any purpose is to be determined pursuant to purchase and maintain . paragraphs 11 . 01 .A and 11 . 013 , CONTRACTOR will establish and maintain records thereof in accordance B . Costs Excluded: The term Cost of. the Work with generally accepted accounting practices and shall not include any of the following items : submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting 1 . Payroll costs and other compensation data . of CONTRACTOR's officers , executives , princi- pals (of partnerships and sole proprietorships ) , 11 . 02 Cash Allowances general managers , engineers , architects , estimators , attorneys , auditors , accountants , A. It is understood that CONTRACTOR has in - purchasing and contracting agents , expediters , cluded in the Contract Price all allowances so named timekeepers , clerks , and other personnel in the Contract Documents and shall cause the Work employed by CONTRACTOR, whether at the so covered to be performed for such sums as may be Site or in CONTRACTOR's principal or branch acceptable to OWNER and ENGINEER . office for general administration of the Work CONTRACTOR agrees that: and not specifically included in the agreed upon schedule of job classifications referred to in 1 . the allowances include the cost to paragraph 11 . 01 .A. 1 or specifically covered by CONTRACTOR (less any applicable trade paragraph 11 . 01 .A. 4 , all of which are to be discounts ) of materials and equipment required considered administrative costs covered by the by the allowances to be delivered at the Site , CONTRACTOR's fee . and all applicable taxes ; and 2 . Expenses of CONTRACTOR's princi- 2 . CONTRACTOR's costs for unloading pal and branch offices other than and handling on the Site , labor, installation CONTRACTOR's office at the Site . costs , overhead , profit, and other expenses contemplated for the allowances have been 3 . Any part of CONTRACTOR's capital included in the Contract Price and not in the expenses , including interest on allowances , and no demand for additional CONTRACTOR's capital employed for the payment on account of any of the foregoing will Work and charges against CONTRACTOR for be valid . delinquent payments . B . Prior to final payment, an appropriate Change 4 . Costs due to the negligence of CON - Order will be issued as recommended by ENGINEER TRACTOR , any Subcontractor, or anyone to reflect actual amounts due CONTRACTOR on directly or indirectly employed by any of them or account of Work covered by allowances , and the Con- for whose acts any of them may be liable , tract Price shall be correspondingly adjusted . including but not limited to , the correction of defective Work , disposal of materials or 11 . 03 Unit Price Work equipment wrongly supplied , and making good any damage to property . A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially 5 . Other overhead or general expense the Contract Price will be deemed to include for all costs of any kind and the costs of any item not Unit Price Work an amount equal to the sum of the specifically and expressly included in unit price for each separately identified item of Unit paragraphs 11 . 01 .A and 11 .01 . 6 . Price Work times the estimated quantity of each item as indicated in the Agreement . The estimated C . CONTRACTOR 's Fee: When all the Work is quantities of items of Unit Price Work are not guaran - performed on the basis of cost-plus , CONTRACTOR's teed and are solely for the purpose of comparison of fee shall be determined as set forth in the Agreement . Bids and determining an initial Contract Price . Deter- When the value of any Work covered by a Change minations of the actual quantities and classifications of Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be Price is determined on the basis of Cost of the Work , made by ENGINEER subject to the provisions of CONTRACTOR's fee shall be determined as set forth paragraph 9 . 08 . in paragraph 12 . 01 . C . B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 00700 - General Conditions REV 04-07.doc 00700 - 33 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc quate to cover CONTRACTOR's overhead and profit Documents and agreement to a lump sum is for each separately identified item . not reached under paragraph 12 . 01 . 8 . 2 , on the basis of the Cost of the Work ( determined as C . OWNER or CONTRACTOR may make a provided in paragraph 11 . 01 ) plus a . Claim for an adjustment in the Contract Price in accor- CONTRACTOR' s fee for overhead and profit dance with paragraph 10 . 05 if: (determined as provided in paragraph 12 . 01 . C ) . 1 . the quantity of any item of Unit Price C . CONTRACTOR 's Fee : The Work performed by CONTRACTOR differs CONTRACTOR's fee for overhead and profit shall be materially and significantly from the estimated determined as follows : quantity of such item indicated in the Agreement; and 1 . a mutually acceptable fixed fee ; or 2 . there is no corresponding adjustment 2 . if a fixed fee is not agreed upon , then with respect any other item of Work ; and a fee based on the following percentages of the various portions of the Cost of the Work : 3 . if CONTRACTOR believes that CONTRACTOR is entitled to an increase in a . for costs incurred under para - Contract Price as a result of having incurred graphs 11 . 01 .A. 1 and 11 . 01 .A. 2 , the additional expense or OWNER believes that CONTRACTOR's fee shall be 15 percent; . OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to b . for costs incurred under paragraph the amount of any such increase or decrease . 11 . 01 .A. 3 , the CONTRACTOR's fee shall be five percent; ARTICLE 12 - CHANGE OF CONTRACT PRICE ; c. where one or more tiers of subcon - CHANGE OF CONTRACT TIMES tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon , the intent of paragraph 12 . 01 . C . 2 . a is that 12 . 01 Change of Contract Price the Subcontractor who actually performs the Work , at whatever tier, will be paid a fee A. The Contract Price may only be changed by a of 15 percent of the costs incurred by such Change Order or by a Written Amendment . Any Subcontractor under paragraphs 11 . 01 .A. 1 Claim for an adjustment in the Contract Price shall be and 11 . 01 .A. 2 and that any higher tier based on written notice submitted by the party making Subcontractor and CONTRACTOR will the Claim to the ENGINEER and the other party to the each be paid a fee of five percent of the Contract in accordance with the provisions of para- amount paid to the next lower tier Subcon - graph 10 . 05 . tractor; B . The value of any Work covered by a Change d . no fee shall be payable on the Order or of any Claim for an adjustment in the basis of costs itemized under paragraphs Contract Price will be determined as follows : 11 . 01 .A.4 , 11 . 01 . A. 5 , and 11 . 01 . 13 ; 1 . where the Work involved is covered e . the amount of credit to be allowed by unit prices contained in the Contract by CONTRACTOR to OWNER for any Documents , by application of such unit prices to change which results in a net decrease in the quantities of the items involved (subject to cost will be the amount of the actual net the provisions of paragraph 11 .03 ) ; or decrease in cost plus a deduction in CONTRACTOR' s fee by an amount equal 2 . where the Work involved is not cov- to five percent of such net decrease ; and ered by unit prices contained in the Contract Documents , by a mutually agreed lump sum f. when both additions and credits are (which may include an allowance for overhead involved in any one change , the adjustment and profit not necessarily in accordance with in CONTRACTOR' s fee shall be computed paragraph 12 . 01 . C . 2 ) ; or on the basis of the net change in accordance with paragraphs 12 . 01 . C . 2 . a 3 . where the Work involved is not cov- through 12 . 01 . C . 2 . e , inclusive . ered by unit prices contained in the Contract 00700 - General Conditions REV 04 -07.doc 00700 - 34 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc 12 . 02 Change of Contract Times surety for or employee or agent of any of them , for damages arising out of or resulting from : A. The Contract Times (or Milestones ) may only be changed by a Change Order or by a Written 1 . delays caused by or within the control Amendment . Any Claim for an adjustment in the of CONTRACTOR; or Contract Times (or Milestones ) shall be based on written notice submitted by the party making the claim 2 . delays beyond the control of both to the ENGINEER and the other party to the Contract OWNER and CONTRACTOR including but not in accordance with the provisions of paragraph 10 . 05 . limited to fires , floods , epidemics , abnormal weather conditions , acts of God , or acts or B . Any adjustment of the Contract Times (or neglect by utility owners or other contractors Milestones ) covered by a Change Order or of any performing other work as contemplated by Claim for an adjustment in the Contract Times (or Article 7 . Milestones ) will be determined in accordance with the provisions of this Article 12 . B . Nothing in this paragraph 12 .06 bars a change in Contract Price pursuant to this Article 12 to 12 . 03 Delays Beyond CONTRACTOR 's Control compensate CONTRACTOR due to delay, interference , or disruption directly attributable to A. Where CONTRACTOR is prevented from actions or inactions of OWNER or anyone for whom completing any part of the Work within the Contract OWNER is responsible . Times (or Milestones ) due to delay beyond-the- control of CONTRACTOR, the Contract Times (or Milestones ) will be extended in an amount equal to the ARTICLE 13 - TESTS AND INSPECTIONS ; time lost due to,<such delay if a Claim is made therefor CORRECTION , REMOVAL OR ACCEPTANCE OF as provided in paragraph 12 . 02 .A. Delays beyond the DEFECTIVE WORK control of CONTRACTOR shall include , but not be limited to , acts or neglect by OWNER , acts or neglect of utility owners or other contractors performing other 13 . 01 Notice of Defects work as contemplated by Article 7 , fires , floods , epidemics , abnormal weather conditions , or acts of A. Prompt notice of all defective Work of which God . OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be 12 . 04 Delays Within CONTRACTOR 's Control rejected , corrected , or accepted as provided in this Article 13 . A. The Contract Times (or Milestones ) will not be extended due to delays within the control of 13 . 02 Access to Work CONTRACTOR . Delays attributable to and within the control of a Subcontractor or Supplier shall be A. OWNER, ENGINEER, ENGINEER's Con- deemed to be delays within the control of CONTRAC - sultants , other representatives and personnel of TOR. OWNER , independent testing laboratories , and governmental agencies with jurisdictional interests will 12 . 05 Delays Beyond OWNER 's and have access to the Site and the Work at reasonable CONTRACTOR's Control times . for their observation , inspecting , and testing . CONTRACTOR shall provide them proper and safe A. Where CONTRACTOR is prevented from conditions for such access and advise them of completing any part of the Work within the Contract CONTRACTOR's Site safety procedures and Times (or Milestones ) due to delay beyond the control programs so that they may comply therewith as of both OWNER and CONTRACTOR , an extension of applicable . the Contract Times (or Milestones ) in an amount equal to the time lost due to such delay shall be 13 . 03 Tests and Inspections CONTRACTOR's sole and exclusive remedy for such delay. A . CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required 12 . 06 Delay Damages inspections , tests , or approvals and shall cooperate with inspection and testing personnel to facilitate A. In no event shall OWNER or ENGINEER be required inspections or tests . liable to CONTRACTOR, - any Subcontractor, any Supplier, or any other person or organization , or to any 00700 - General Conditions REV 04-07.doc 00700 - 35 F1Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc B . &AINER shall employ @Rd—Pay for - the nniirn of an iRdepenrl ont test ' ,,�,,,,�s- o , g , r , , , a �,�„a�rr�«�+Rgaberate"o B . If ENGINEER considers it necessary or perform all iRspeGtiGRS , tests-, -Gr apprevals required b advisable that covered Work be observed by ENGI - u oRtS E?, GePr NEER or inspected or tested by others , CONTRAC- TOR , at ENGINEER's request , shall uncover, expose , 1 for inSt✓ ortinncr tests , rpr nr nrn„ols or otherwise make available for observation , inspec- GAVEIF19d by paragFaphs 1. 2 - 03 - C arid 13 . 03 . 9 p tion , or testing as . ENGINEER may require , that below-, portion of the Work in question , furnishing all neces - sary labor, material , and equipment. If it is found that 2 . tth ;; t GesrSr,ro .1such Work is defective , CONTRACTOR shall pay all tests OF iRspeGtiGRS. GGRGIIJGted t—to Claims , costs , losses , and damages (including but not limited to all fees and charges of engineers , architects , said paragFaph 13 . 04 . 13a, @Rd attorneys , and . other professionals and all court or arbitration or other dispute resolution costs ) arising out of or relating to such uncovering , exposure , observa - tion , inspection , and testing , and of satisfactory replacement or reconstruction (including but not C . If Laws or Regulations of any public body limited to all costs of repair or replacement of work of having jurisdiction require any Work (or part thereof) others ) ; and OWNER shall be entitled to an specifically to be inspected , tested , or approved by an appropriate decrease. in the Contract Price . If the employee or other representative of such public body, parties are unable to agree as to the amount thereof, CONTRACTOR shall assume full responsibility for OWNER may make a Claim therefor as provided in arranging and obtaining such inspections , tests , or paragraph 10 . 05 . If, however , such Work is not found approvals , pay all costs in connection therewith , and to be defective , CONTRACTOR shall be allowed an furnish ENGINEER the required certificates of inspec- increase in the Contract Price or an extension of the tion or approval . Contract Times (or Milestones ) , or both , directly attributable to such uncovering , exposure , D . CONTRACTOR shall be responsible for observation , inspection , testing , replacement , and arranging and obtaining and shall pay all costs in reconstruction . If the parties are unable to agree as to connection with any inspections , tests , or approvals the amount or extent thereof, CONTRACTOR may required for OWNER's and ENGINEER's acceptance make a Claim therefor as provided in paragraph of materials or equipment to be incorporated in the 10 . 05 . Work; or acceptance of materials , mix designs , or equipment submitted for approval prior to 13 . 05 OWNER May Stop the Work CONTRACTOR' s purchase thereof for incorporation in the Work . Such inspections , tests , or approvals A. If the 'Aferk is defeGtiVe , OF GONITRAICT shall be performed by organizations acceptable to falls t ' able OWNER and ENGINEER . E . If any Work (or the work of others ) that is to be inspected , tested , or approved is covered by CON - , TRACTOR without written concurrence of ENGI - URtil the Gayse fGF S6113h eFder has boon eliminated ; NEER, it must, if requested by ENGINEER, be uncovhewever, this right of OWNER to step the Work shall - ered for observation . n� pp evorn��vicuc� -Q Pr F . Uncovering Work as provided in paragraph al 13 . 03 . E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice atRefthem . of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice . 13 . 04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER , it must , if requested by ENGI - NEER , be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense . 00700 - General Conditions REV 04 -07. doc 00700 - 36 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc 13 . 06 Correction or Removal of Defective Work C . Where defective Work (and damage to other Work resulting therefrom ) has been corrected or A. CONTRACTOR shall correct all defective removed and replaced under this paragraph 13 . 07, Work, whether or not fabricated , installed , or the correction period hereunder with respect to such completed , or, if the Work has been rejected by ENGI - Work will be extended for an additional period of one NEER, remove it from the Project and replace it with year after such correction or removal and replacement Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed . all Claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , D . CONTRACTOR's obligations under this architects , attorneys , and other professionals and all paragraph 13 . 07 are in addition to any other obligation court or arbitration or other dispute resolution costs ) or warranty. The provisions of this paragraph 13 . 07 arising out of or relating to such correction . or removal shall not be construed as a substitute for or a waiver ( including but not limited to all costs of repair or of the provisions of any applicable statute of limitation replacement of work of others ) . or repose . 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work A. If within one year after the date of Substantial A. If, instead of requiring correction or removal Completion or such longer period of time as may be and replacement of defective Work , OWNER (and , prescribed by Laws or Regulations or by the terms of prior to ENGINEER Is recommendation of final pay- - any applicable special guarantee - required- - by the ment, ENGINEER) prefers to accept it, OWNER. may Contract Documents or by any specific provision of the do so . CONTRACTOR shall pay all Claims , costs , Contract Documents, any Work is found to be losses , and damages ( including but not limited to all defective , or if ,the repair of any damages to the land fees and charges of engineers , architects , attorneys , or areas made available for CONTRACTOR's use by and other professionals and all court or arbitration or OWNER or permitted by Laws and Regulations as other dispute resolution costs ) attributable to contemplated in paragraph 6 . 11 .A is found to be OWNER's evaluation of and determination to accept defective , CONTRACTOR shall promptly, without cost such defective Work (such costs to be approved by to OWNER and in accordance with OWNER's written ENGINEER as to reasonableness ) and the diminished instructions : (i ) repair such defective land or areas , or value of the Work to the extent not otherwise paid by ( ii ) correct such defective Work or, if the defective CONTRACTOR pursuant to this sentence . If any Work has been rejected by OWNER, remove it from such acceptance occurs prior to ENGINEER's recom - the Project and replace it with Work that is not mendation of final payment, a Change Order will be defective , and ( iii ) satisfactorily correct or repair or issued incorporating the necessary revisions in the remove and replace any damage to other Work, to the Contract Documents with respect to the Work, and work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate decrease from . If CONTRACTOR does not promptly comply in the Contract Price , reflecting the diminished value of with the terms of such instructions , or in an Work so accepted . If the parties are unable to agree emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim loss or damage , OWNER may have the defective therefor as provided in paragraph 10 . 05 . If the Work corrected or repaired or may have the rejected acceptance occurs after such recommendation , an Work removed and replaced , and all Claims , costs , appropriate amount will be paid by CONTRACTOR to losses , and damages (including but not limited to all OWNER. fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or 13 . 09 OWNER May Correct Defective Work other dispute resolution costs ) arising out of or relating to such correction or repair or such removal and A. If CONTRACTOR fails within a reasonable replacement ( including but not limited to all costs of time after written notice from ENGINEER to correct repair or replacement of work of others) will be paid by defective Work or to remove and replace rejected CONTRACTOR . Work as required by ENGINEER in accordance with paragraph 13 . 06 .A, or if CONTRACTOR fails to B . In special circumstances where a particular perform the Work in accordance with the Contract item of equipment is placed in continuous service Documents , or if CONTRACTOR fails to comply with before Substantial Completion of all the Work , the any other provision of the Contract Documents , correction period for that item may start to run from an OWNER may, after seven days written notice to earlier date if so provided in the Specifications or by CONTRACTOR, correct and remedy any such Written Amendment. deficiency. 00700 - General Conditions REV 04-07.doc 00700 - 37 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc B . In exercising the rights and remedies under 14 . 02 Progress Payments this paragraph , OWNER shall proceed expeditiously . In connection with such corrective and remedial A. Applications for Payments action , OWNER may exclude CONTRACTOR from all or. part of the Site , take possession of all or part of the 1 . At least 20 days before the date Work and suspend CONTRACTOR' s services related established for each progress payment (but not thereto , take possession of CONTRACTOR's tools , more often than once a month ) , appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for the Site , and incorporate in the Work all materials and review an Application for Payment filled out and equipment stored at the Site or for which OWNER has signed by CONTRACTOR covering the Work paid CONTRACTOR but which are stored elsewhere . completed as of the date of the Application and CONTRACTOR shall allow OWNER , OWNER'S accompanied by such supporting representatives , agents and employees , OWNER's documentation as is required by the Contract other contractors , and ENGINEER and ENGINEER' s Documents . If payment is requested on the Consultants access to the Site to enable OWNER to basis of materials and equipment not exercise the rights and remedies under this incorporated in the Work but delivered and paragraph . suitably stored at the Site or at another location agreed to in writing , the Application for Payment C . All Claims , costs , losses , and damages shall also be accompanied by a bill of sale , (including but not limited to all fees and charges of invoice , or other documentation warranting that engineers , architects , attorneys , and other OWNER has received the materials and equip - professionals and all court or arbitration or other ment free and clear of all Liens and evidence dispute resolution costs ) incurred or sustained by that the materials and equipment are covered OWNER in exercising the rights and remedies under by appropriate property insurance or other this paragraph 13 . 09 will be charged against CON - arrangements to protect OWNER' s interest TRACTOR , and a Change Order will be issued therein , all of which must be satisfactory to incorporating the necessary revisions in the Contract OWNER . Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the 2 . Beginning with the second Contract Price . If the parties are unable to agree as to Application for Payment , each Application shall the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating Claim therefor as provided in paragraph 10 . 05 . Such that all previous progress payments received claims , costs , losses and damages will include but not on account of the Work have been applied on be limited to all costs of repair, or replacement of work account to discharge CONTRACTOR's of others destroyed or damaged by correction , legitimate obligations associated with prior removal , or replacement of CONTRACTOR's Applications for Payment. defective Work . 3 . The amount of retainage with respect D . CONTRACTOR shall not be allowed an to progress payments will be as stipulated in extension of the Contract Times (or Milestones ) the Agreement . because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's B . Review of Applications rights and remedies under this paragraph 13 . 09 . 1 . ENGINEER will , within 10 days after receipt of each Application for Payment , either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing 14 . 01 Schedule of Values ENGINEER' s reasons for refusing to recommend payment . In the latter case , LON - A. The schedule of values established as provid - TRACTOR may make the necessary ed in paragraph 2 . 07 .A will serve as the basis for corrections and resubmit the Application . progress payments and will be incorporated into a form of Application for . Payment acceptable to ENGI - 2 . ENGINEER' s recommendation of NEER . Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed . Payment will constitute a representation by ENGINEER to OWNER, based on 00700 - General Conditions REV 04-07 .doc 00700 - 38 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\od documents\00700 - General Conditions REV 04-07.doc ENGINEER's observations on the Site of the make any examination to ascertain how or for executed Work as an experienced and qualified what purposes CONTRACTOR has used the design professional and on ENGINEER's moneys paid on account of the Contract Price , review of the Application for Payment and the or to determine that title to any of the Work , accompanying data and schedules , that to the materials, or equipment has passed to best of ENGINEER's knowledge , information OWNER free and clear of any Liens . and belief: 5 . ENGINEER may refuse to recom - a . the Work has progressed to the point mend the whole or any part of any payment if, indicated ; in ENGINEER's opinion , it would be incorrect to make the representations to OWNER referred b . the quality of the Work is generally in to in . paragraph 14 . 02 . 8 .2 . ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment (subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent Substantial Completion , to the results of any inspections or tests , revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made , to Documents , to a final determination of such extent as may be necessary in quantities and classifications for Unit Price ENGINEER's opinion to protect OWNER from Work under paragraph 9 . 08 , and to any loss because : -- other - -qualifications_ - stated - in _ - the - - -. recommendation ) ; and a . the Work is defective , or completed Work has been damaged , requiring c. The conditions precedent to correction or replacement; CONTRACTOR's being entitled to such payment appear to have been fulfilled in so b . the Contract Price has been reduced far as it is ENGINEER's responsibility to by Written Amendment or Change Orders ; observe the Work. c . OWNER has been required to correct 3 . By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13 . 09 ; or deemed to have represented that: (i ) inspec- tions made to check the quality or the quantity d+ . ENGINEER has aGt ial kReWledg r,f of the Work as it has been performed have the GGGLIFreRGe of an„ of the o„or,to o Mmo been exhaustive , extended to every aspect of ated OR papagraph 15 . 02 .A. the Work in progress , or involved detailed inspections of the Work beyond the responsi- C . Payment Becomes Due bilities specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may 1 . Ton days after pFeseRtatien f the not be other matters or issues between the parties that might entitle CONTRACTOR to be €NINE € R's reEemmendatien , the a+ pAslAt paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR . paragraph 14 . 02 . D ) become die ,— ad when due will be paqd by OWNER to Q1QN1TR�41QTQR . 4 . Neither ENGINEER's review of CONTRACTOR's Work for the purposes of D . Reduction in Payment recommending payments nor ENGINEER Is recommendation of any payment, including final 1 . OWNER may refuse to make payment, will impose responsibility on payment of the full amount recommended by ENGINEER to supervise, direct; or control the ENGINEER because : Work or for the means , methods , techniques , sequences , or procedures of construction , or a . claims have been made against the safety precautions and programs incident OWNER on account of CONTRACTOR's thereto , or for CONTRACTOR's failure to performance or furnishing of the Work ; comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. b . Liens have been filed in connection Additionally, said review or recommendation will with the Work , except where not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific 00700 - General Conditions REV 04-07.doc 00700 - 39 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc Bond satisfactory to OWNER to secure the Completion . There shall be-a irate satisfaction and discharge of such Liens ; a tentativelist ^f��of iter^Tte be GOMpl before final payment . OWNER- shall ,have seven. d- layS c . there are other items entitling OWN - aftt of hem ER to a set-off against the amount make—written objeGt• n to ENGINEER as to any recommended ; or pafte GeRsideFi lNF= FR rnnrlwdPq d . OWNER has actual knowledge of the that thhp WArkis nettst bstantiAlT —GomYlete , occurrence of any of the events enumerated FENIGI " IRGR will ith • n 44 days after s , ihmirsopn Af 04e in paragraphs 14 . 02 . B . 5 . a through to 14 . 02 . B . 5 . c or paragraph 15 . 02 . A. in—writ' ^ ^,restating—the reasees ther-efeF . If, afteF GA- ns .d € R's—ebjel3tiens , ENGINEER 2 . If OWNER refuses to make payment sensiders the—%A!A� ,ksub- St2Rtially complete of the full amount recommended by ENGINEER will within said—14—days exeGute ^ ^ ENGINEER , OWNER must give dei ' or to QWN1l= R nr+ CONTRACTOR A definitive CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTORS 11 , 111 any amount remaining after deduction of the as F=NG ," E� el eeev jY6tified afteF GensideretieR of amount so withheld . OWNER shall promptly anyc) bjeGtieRs # ) FR OWNER . Af—r t the tirAe of c' elive 'Y pay CONTRACTOR the amount so withheld , orSubStaRtial Camp ! any adjustment thereto agreed to by OWNER ENIrINFER will dplkrpr +n OWNER And CONTRaG and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons FespoRsibilities—;,eRdmg--; ��al—payment h— :ween for such action . CANNER and CONTRACTOR with respeGt tG SeGUr*l epeFatieF —sa k- 3 . If it is subsequently determined that maiRteRaRGe , heat , utilities iRSUFa RGe and Wa FFaRties OWNER's refusal of payment was not justified , and—guarantees . URIess- OWNER @ ^ the amount wrongfully withheld shall be .treated CONTRACTOR agree AthpPArirp in writing and see as an amount due as determined by paragraph nfnrm GnlrinlGCR in •+ nn nrinr to GnIGInIEs fifiqate of SubstaRtial COM 14 . 02 . C . 1 . 6661 Rg the 1 . t• nn ENGINEER ' c aferesair+ rnrnmmeRdatinn , mill ho 14 . 03 CONTRACTOR 's Warranty of Title paymeRb A. CONTRACTOR warrants and guarantees that title to all Work , materials , and equipment covered B . OWNER shall have the right to exclude by any Application for Payment, whether incorporated CONTRACTOR from the Site after the date of in the Project or not, will pass to OWNER no later than Substantial Completion , but OWNER shall allow CON - the time of payment free and clear of all Liens . TRACTOR reasonable access to complete or correct items on the tentative list. 14 . 04 Substantial Completion 14 . 05 Partial Utilization A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall A. Use by OWNER at OWNER's option of any notify OWNER and ENGINEER in writing that the substantially completed part of the Work which has entire Work is substantially complete (except for items specifically been identified in the Contract Documents , specifically listed by CONTRACTOR as incomplete) or which OWNER, ENGINEER , and CONTRACTOR and request that ENGINEER issue a certificate of agree constitutes a separately functioning and usable Substantial Completion . Promptly thereafter , pari of the Work that can be used by OWNER for its OWNER, CONTRACTOR , and ENGINEER shall intended purpose without significant interference with make an inspection of the Work to determine the CONTRACTOR's performance of the remainder of status of completion . If ENGINEER does not consider the Work, may be accomplished prior to Substantial the Work substantially complete , ENGINEER will Completion of all the Work subject to the following notify CONTRACTOR in writing giving the reasons conditions . therefore . If FISIGINFER rensiders the—T ' eF substaRtially Gomplete ENGINEER ` " illpropare and 1 . OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER 00700 - General Conditions REV 04 -07 . doc 00700 - 40 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV D4-07 .doc believes to be ready for its intended use and tees , Bonds , certificates or other evidence of substantially complete . If CONTRACTOR insurance certificates of inspection , marked -up agrees that such part of the Work is record documents ( as provided in paragraph substantially complete , CONTRACTOR will 6 . 12 ) , and other documents , CONTRACTOR certify to OWNER and ENGINEER that such may make application for final payment follow- part of the Work is substantially complete and ing the procedure for progress payments . request . ENGINEER to issue a certificate of Substantial Completion for that part of the 2 . The final Application for Payment Work . CONTRACTOR at any time may notify shall be accompanied (except as previously OWNER and ENGINEER in writing that delivered ) by: ( i ) all documentation called for in CONTRACTOR considers any such part of the the Contract Documents , including but not Work ready for its intended use . and . substan- limited to the evidence of insurance required by tially complete and request ENGINEER to issue subparagraph 5 . 04 . B . 7 ; ( ii ) consent of the a certificate of Substantial Completion for that surety, if any, to final payment; and ( iii ) part of the Work . Within a reasonable time complete and legally effective releases or after either such request, OWNER , waivers (satisfactory to OWNER) of all Lien CONTRACTOR, and ENGINEER shall make rights arising out of or Liens filed in connection an inspection of that part of the Work to with the Work . determine its status of completion . If ENGINEER does not consider that part of the 3 . In lieu of the releases or waivers of Work to be--substantially complete, ENGINEER Liens specifiedin paragraph 14. 07 . A. 2- and as will notify OWNER and CONTRACTOR in approved by OWNER , CONTRACTOR may writing giving the reasons therefor . If furnish receipts or releases in full and an ENGINEER considers that part of the Work to affidavit of CONTRACTOR that : (i ) the releases be substantially complete , the provisions of and receipts include all labor, services , paragraph 14 . 04 will apply with respect to material , and equipment for which a Lien could certification of Substantial Completion of that be filed ; and (ii ) all payrolls , material and part of the Work and the division of equipment bills , and other indebtedness responsibility in respect thereof and access connected with the Work for which OWNER or thereto . OWNER's property might in any way be responsible have been paid or otherwise satis- 2 . No occupancy or separate operation fied . If any Subcontractor or Supplier fails to of part of the Work may occur prior to furnish such a release or receipt in full , CON - compliance with the requirements of paragraph TRACTOR may furnish a Bond or other 5 . 10 regarding property insurance . collateral satisfactory to OWNER to indemnify OWNER against any Lien . 14 . 06 Final Inspection B . Review of Application and Acceptance A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 1 . If, on the basis of ENGINEER's complete , ENGINEER will promptly make a final observation of the Work during construction inspection with OWNER and CONTRACTOR and will and final inspection , and ENGINEER's review notify CONTRACTOR in writing of all particulars in of the final Application for Payment and which this inspection reveals that the Work is accompanying documentation as required by incomplete or defective . CONTRACTOR shall the Contract Documents , ENGINEER is immediately take such measures as are necessary to satisfied that the Work has been completed complete such Work or remedy such deficiencies . and CONTRACTOR's other obligations under the Contract Documents have been fulfilled , 14 . 07 Final Payment ENGINEER will , within ten days after receipt of the final Application for Payment, indicate in A. Application for Payment writing ENGINEER's recommendation of payment and present the Application for 1 . After CONTRACTOR has , in the Payment to OWNER for payment. At the same opinion of ENGINEER, satisfactorily completed time ENGINEER will also give written notice to all corrections identified during the final OWNER and CONTRACTOR that the Work is inspection and has delivered , in accordance acceptable subject to the provisions of with the Contract Documents , all maintenance paragraph 14 .09 . Otherwise , ENGINEER will and operating instructions , schedules , guaran - return the Application for Payment to 00700 - General Conditions REV 04-07.doc 00700 - 41 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Adnnim\bid documents\00700 - General Conditions REV 04-07.doc CONTRACTOR , indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall 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 i Thirty days after the preseRtati8of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will , the ameuR fix the date on which Work will be resumed . CON - resoaanaended by Gf` Il2INEEC? will bOGG ne due TRACTOR shall resume the Work on the date so ant,—wh rave,will be paid by 01AINIFIR tA fixed . 14 . 08 Final Completion Delayed as provided iRparagFaph 10 . 05 . A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed , and if 15 . 02 OWNER May Terminate for Cause ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER , and without terminat- following events will justify termination for cause : ing the Agreement , make payment of the balance due for that portion of the Work fully completed and 1 . CONTRACTOR's persistent failure accepted . If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents (including , but not limited less than the retainage stipulated in the Agreement , to , failure to supply sufficient skilled workers or . and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5 . 01 , the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2 . 07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6 . 04 ) ; by CONTRACTOR to ENGINEER with the Application for such payment . Such payment shall be made 2 . CONTRACTOR's disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment, except that it shall not constitute a waiver of jurisdiction ; Claims . 3 . CONTRACTOR' s disregard of the 14 . 09 Waiver of Claims authority of ENGINEER; or A. The making and acceptance of final payment 4 . CONTRACTOR's violation in any will constitute : substantial way of any provisions of the Contract Documents . 1 . a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising B . If one or more of the events identified in from unsettled Liens , from defective Work paragraph 15 . 02 .A occur, OWNER may, after giving appearing after final inspection pursuant to CONTRACTOR (and the surety, if any) seven days paragraph 14 . 06 , from failure to comply with the written notice , terminate the services of Contract Documents or the terms of any special CONTRACTOR , exclude CONTRACTOR from the guarantees specified therein , or from Site , and take possession of the Work and of all CONTRACTOR's continuing obligations under CONTRACTOR's tools , appliances , construction the Contract Documents ; and equipment, and machinery at the Site , and use the same to the full extent they could be used by 2 . a waiver of all Claims by CONTRAC - CONTRACTOR (without liability to CONTRACTOR for TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all previously made in writing which are still materials and equipment stored at the Site or for unsettled . which OWNER has paid CONTRACTOR but which are stored elsewhere , and finish the Work as OWNER may deem expedient . In such case , CONTRACTOR 00700 - General Conditions REV 04-07 .doc 00700 - 42 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc shall not be entitled to receive any further payment 4 . for reasonable expenses directly until the Work is finished . If the unpaid balance of the attributable to termination . Contract Price exceeds all claims , costs , losses , and damages (including but not limited to all fees and B . CONTRACTOR shall not be paid on account charges of engineers , architects, attorneys , and other of loss of anticipated profits or revenue or other eco- professionals and all court or arbitration or other nomic loss arising out of or resulting from such dispute resolution costs ) sustained by OWNER arising termination . out of or relating to completing the Work , such excess will be paid to CONTRACTOR. If such claims , costs , 15 . 04 CONTRACTOR May Stop Work or losses , and damages exceed such unpaid balance , Terminate CONTRACTOR shall pay the difference to OWNER . Such claims , costs , losses , and damages incurred by A. If, through no act or fault of CONTRACTOR , OWNER will be reviewed by ENGINEER as to their the Work is suspended for more than 90 consecutive reasonableness and , when so approved by days by OWNER or under an order of court or other ENGINEER, incorporated in a Change Order. When public authority, or ENGINEER fails to act on any exercising any rights or remedies under this Application for Payment within 30 days after it is paragraph OWNER shall not be required to obtain the submitted , lowest price for the Work performed . TR.A.QTQR aRY SUM f Rally determiRed te be due , then CONTRACTOR may, upon seven days written notice C . Where CONTRACTOR's services have been to OWNER and ENGINEER, and provided OWNER so terminated by OWNER, the termination will not or ENGINEER do not remedy such suspension or affect any .rights or remedies of OWNER against failure within that time , terminate the Contract and CONTRACTOR then existing or which may thereafter recover from OWNER payment on the same terms as accrue . Any retention or payment of moneys due provided in paragraph 15 . 03 . In lieu of terminating the CONTRACTOR by OWNER will not release CON - Contract and without prejudice to any other right or TRACTOR from liability.. remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is 15 . 03 OWNER May Terminate For Convenience submitted , oF QVVNER has; failed. fer 30 days to pay , A. Upon seven days written notice to CON - CONTRACTOR may, seven days after written notice TRACTOR and ENGINEER, OWNER may, without to OWNER and ENGINEER, stop the Work until cause and without prejudice to any other right or payment is made of all such amounts due remedy of OWNER, elect to terminate the Contract. CONTRACTOR, including interest thereon . The In such case , CONTRACTOR shall be paid (without provisions of this paragraph 15 . 04 are not intended to duplication of any items ) : preclude CONTRACTOR from making a Claim under paragraph 10 . 05 for an adjustment in Contract Price 1 . for completed and acceptable Work or Contract Times or otherwise for expenses or executed in accordance with the Contract damage directly attributable to CONTRACTOR's Documents prior to the effective date of stopping the Work as permitted by this paragraph . termination , including fair and reasonable sums for overhead and profit on such Work; ARTICLE 16 - DISPUTE RESOLUTION . 2 . for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials , or 16 . 01 Methods and Procedures equipment as required by the Contract Documents in connection with uncompleted A. Dispute resolution methods and procedures , if Work, plus fair and reasonable sums for any, shall be as set forth in the Supplementary overhead and profit on such expenses ; Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 3 . for all claims , costs , losses , and and 10 . 05 , OWNER and CONTRACTOR may damages ( including but not limited to all fees exercise such rights or remedies as either may and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by and other professionals and all court or Laws or Regulations in respect of any dispute . arbitration or other dispute resolution costs ) in - curred in settlement of terminated contracts with Subcontractors , Suppliers , and others ; and 00700 - General Conditions REV 04-07.doc 00700 - 43 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice , it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known to the giver of the notice . 17 . 02 Computation of Times A. When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction , such day. will be omitted from the computation . 17 . 03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail - able hereunder to the parties hereto are in addition to , and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee , or by other provisions of the Contract Documents , and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation , right, and remedy to which they apply. 17 . 04 Survival of Obligations A. All representations , indemnifications , warran- ties , and guarantees made in , required by, or given in accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract Documents , will survive final payment, completion , and acceptance of the Work or termination or comple- tion of the Agreement . 17 . 05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located . 00700 - General Conditions REV 04-07.doc 00700 - 44 FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00700 - General Conditions REV 04-07 .doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC - 1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910-8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below. All provisions , which are not so amended or supplemented , remain in full force and effect . The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC - 1 . 01 Defined Terms SC- 1 . 01 . A. 20 . Add the following language at the end of GC 1 . 01 . A . 20 ENGINEER'S Consultant: Kimley- Horn & Associates , Inc . 601 21 st Street Ste . 400 Vero Beach , FL . 32960 Phone : ( 772 ) 562-7981 Bridge Design Associates , Inc 1402 Royal Palm Beach Blvd , Bldg , 200 Royal Palm Beach , Florida 33411 Phone : (561 ) 656-3660 Fax: (561 ) 791 - 1995 SC - 1 . 02 Terminology SC - 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place: D . Furnish, Install, Perform, Provide 1 . The word "furnish " shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install" shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform " or " provide" shall mean to furnish and install services , materials , or equipment complete and ready for intended use . SC -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 00800- 1 00800 - Supplementary Conditions 06-09 rev. doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc 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 . SC -3 . 06 Coordination of Plans , Specifications , and Special Provisions SC -3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 05: SC -3 . 06 Coordination of Plans, Specifications, and Special Provisions A . In case of discrepancy , the governing order of the documents shall be as follows : 1 . Written Interpretations 2 . Addenda 3 . Specifications 4 . Supplementary Conditions to the General Conditions 5 . General Conditions 6 . Approved Shop Drawings 7 . Drawings 8 . Referenced Standards . B . Written/computed dimensions shall govern over scaled dimensions . SC402 Subsurface and Physical Conditions SC -4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. B: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER' s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : Roadway Soil Survey — Oslo Road ( CR 606 ) Phase II Roadway Widening (43rd Avenue to 27th Avenue ) . D . Reports and drawings itemized in SC-4 . 02 . 0 are not included with the Bidding Documents . Copies may be examined at Indian River County Administration Building , Public Works , 1801 27th Street Vero Beach FL 32960 during regular business hours . These reports and drawings are not part of the Contract Documents . SC -5 . 01 Performance , Payment and Other Bonds SC -5 . 01 . A . Delete paragraph GC- 5. 01 . A in its entirety and insert the following paragraphs in its place : Within ten ( 10 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100 % of the Contract Price . 00800-2 00800 - Supplementary Conditions 06-09 rev. doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc 1 . In lieu of the Public Construction Bond , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check , cashier' s check , irrevocable letter of credit or a security as listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER . 2 . Such Bond shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER . 3 . The CONTRACTOR shall record , the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after it is recorded . The CONTRACTOR shall pay all costs . SC -5 . 03 Certificates of Insurance SC-5 . 03 Delete the second sentence of paragraph- GC=5. 03 in its entirety. SC -5 . 04 CONTRACTOR' s Liability Insurance SC-5 . 04 Add the following new paragraphs immediately after paragraph GC-5. 04 . B: C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker' s Compensation : To meet statutory limits in compliance with the Worker' s Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident , $500 , 000 disease ( policy limit) and $ 100 , 000 disease (each employee ) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee ( s ) of the CONTRACTOR . 2 . Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C. Contractual Liability d . Independent Contractors e . Explosion f. Collapse 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 00800-3 00800 - Supplementary Conditions 06-09 rev.doc F:\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 271h Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc 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 OW NER' s Risk Manager for review and approval . b . " Indian River County Florida " will be named as "Additional Insured " on both the General Liability , Auto Liability and Builder' s Risk "All Risk" Insurance . C . The OWNER will be given thirty ( 30 ) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER ' s Risk Manager. d . An appropriate " Indemnification " clause shall be made a provision of the Contract (see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best' s Rating . D . Additional Insureds : 1 . In addition to " Indian River County , Florida , " the following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR' s liability insurance policies : a . NONE b . C . SC -5 . 05 OWNER 7s Liability Insurance SC-5 . 05 Delete paragraph GC-5. 05. A in its entirety. SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06. A, B. and C in their entirety and insert the following paragraphs in their place : A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER' s Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 00800-4 00800 - Supplementary Conditions 06-09 rev. doc F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\0533.Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc 2 . be written on a Builder' s Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . 3 . include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects ) ; 4 , cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 5 . allow for partial utilization of the Work by OWNER ; 6 . include testing and startup ; and 7 . be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self-insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . SC-5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : 1 . The following individuals or entities shall be listed as " additional insureds" on the CONTRACTOR' s property insurance policies : a . Indian River County , Florida b . 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 GC-5. 09 (paragraph A) in its entirety. SC -6 . 02 Labor ; Working Hours SC -6 . 02 . B . Add the following paragraphs immediately after paragraph GC- 6. 02. B : 00800-5 00800 - supplementary Conditions 06-09 rev.doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc 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 Is employees and costs of ENGINEER ' s Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m . except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC-6 . 06 . C . Add the following sentence at the end of paragraph GC- 6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity . SC -6 . 08 Permits SC-6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : A . The OWNER has obtained the following permits ( copies of these permits are contained in Appendix "A" ) : 1 . St . Johns River Water Management District - Permit no . 40- 061 - 104191 -2 2 . Indian River Farms Water Control District — Permit no . 07- 64 3 . Indian River Farms Water Control District — Bridge Permit no . 09 - 07 4 . U . S . Department of the Army Corps of Engineers Permit no . SAJ2007 - 05144 B . 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 . C . 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 . 00800-6 00800 - Supplementary Conditions 06-09 rev.doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc SC - 13 . 03 Test and Inspections SC- 13 . 03 . 13 . Delete the first sentence of paragraph GC- 13. 03. B in its entirety, and insert the following sentences in its place : B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below . Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below ; 2 . costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 . tests otherwise specifically provided in the Contract Documents . 13 . 05 OWNER May Stop the Work SC- 13 . 05 . A . Delete paragraph GC- 13. 05.A in its entirety and insert the following paragraph in its place: A . If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment , or fails to comply with permit requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated ; however, this 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 . 13 . 5 . Delete paragraph GC- 14. 02. B. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A ; or SC- 14 . 02 . B . 5 . Add the following sentences at the end of paragraph GC- 14. 02. B. 5: e . OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing, inspections , tests , or approvals . SC- 14 . 02 . C . 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place: 00800-7 oo800 - supplementary conditions 06-09 rev.doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act . F . S . 218 . 70 et. seq . SC - 14 . 04A . After the third sentence in paragraph GC- 14. 04A of the General Conditions, delete the remainder of paragraph 14 . 04A in its entirety and replace with the following: " If Engineer considers the Work substantially complete , Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735 ( 7 ) (x ) ( 2005 ) , upon receipt of the tentative certificate of Substantial Completion from Engineer , the Owner , the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete , satisfactory , and acceptable under this Agreement ( herein the " Statutory List" ) . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer , and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion . The Owner and Contractor acknowledge and agree that : 1 ) the failure to include any corrective work , or pending items that are not yet completed , on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement ; 2 ) upon completion of all items on the Statutory List , the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement ; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement . After receipt of the Statutory List by the Contractor , the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project . " SC- 14 . 04B Add the following new paragraph immediately after paragraph GC 14. 04B: C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security , operation , safety , and protection of the Work , maintenance , heat , utilities , insurance , and warranties and guarantees SC -14 . 07 Final Payment SC- 14 . 07 . C . 1 . Delete paragraph GC- 14. 07. C. 1 in its entirety and insert the following paragraph in its place : C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218 . 70 , et . seq . SC - 15 . 01 OWNER May Suspend Work SC- 15 . 01 . A Delete the last sentence in paragraph GC- 15. 01 . A and insert the following in its place : 00800-8 00800 - Supplementary Conditions 06-09 rev. doc F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension . SC - 15 . 02 OWNER May Terminate For Cause SC- 15 . 02 . A. 5 and SC- 15 . 02 . A . 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4: 5 . CONTRACTOR' s violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water from the Construction Site . " 6 . CONTRACTOR ' s failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC -15 . 04 CONTRACTOR May Stop Work or Terminate - SC- 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04. A : SC- 15 . 04 Delete the following text from the second sentence . of paragraph GC- 15. 04. A : SC - 16 DISPUTE RESOLUTION SC - 16 . 02 Mediation SC- 16 Add the following new paragraph immediately after paragraph GC- 16. 01 . SC- 16 . 02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties . The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . 00800-9 00800 - Supplementary Conditions 06-09 rev.doc F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc SCA7 Miscellaneous Add the following new paragraphs immediately after paragraph GC17. 05: SC- 17 . 06 Liens A . This project is a " Public Works " under Chapter 255 , Florida Statutes . No merchant' s liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract . The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor , materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR' S Name ) and to ( CONTRACTOR Surety Company Name ) , pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub -subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . + + END OF SUPPLEMENTARY CONDITIONS + + 00800- 10 00800 - Supplementary Conditions 06-09 rev. doc F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No . : 2011018 Project : Oslo Road ( CR 606 ) Phase II Roadway Widening (43rd Ave . to 2f' Ave . ) ENGINEER' s Contract No . 0533 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 Completion : 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 : 4 (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\0533-Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\00942 - Change Order Form REV 04-07 .doc Rev. 05/01 SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No : 2011018 Project : Oslo Road ( CR 606 ) Roadway Widening (43 d Ave . to 27 `h Ave . ) ENGINEER's Contract No . 0533 ENGINEER : Indian River County Field Activity 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 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\00946 - Field Order Form REV 04-07 . doc SECTION 00948 - Work Change Directive No . EFFECTIVE DATE : DATE OF ISSUANCE : OWNER : Indian River County CONTRACTOR : Bid No . : 2011018 Project : Oslo Road ( CR 606 ) Phase II Roadway Widening (43rd Ave . to 27th Ave . ) ENGINEER' s Contract No . 0533 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 II Unit Prices II Contractor' s Records Lump Sum II Engineer's Records II Other : II Other : II By Change Order : II By Change Order : Estimated increase ( decrease ) in Contract Price : Estimated increase ( decrease ) in Contract Times : $ Substantial Completion : days ; Ready for Final Completion : days . If the change involves an increase , the estimated If the change involves an increase , the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature ) Date : Date : [ Date : * * END OF SECTION F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\00948 - Work Change Directive REV 04-07 . doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO , SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS 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\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\DIVISION 1 GENERAL REQUIREMENTS . doc SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor, construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC -6 . 02 . C . All salvageable material and equipment , for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : 4550 41 st Street , at the CONTRACTOR 7s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR' s expense . D . In addition to these Specifications all work must comply with the requirements of the local governing agency , St . Johns River Water Management District , Department of Environmental Protection , Corps of Engineers , Indian River Farms Water Control District , and all other applicable State or Federal agencies ' specifications and permits . In the event of a conflict , the more stringent specification or requirement shall govern . E . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner , or verify in writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate owner ten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the work site . F . The County will be removing the existing fuel tanks and canopy at the former Cumberland Farms convenience store located on Oslo Rd . at 27th Ave . This work is planned to be completed by March 1 St , 2011 . At that time FPL will be completing there utility pole relocates . The Contractor will then be using the building as a construction office for this project . The Contractor will be required to transfer the utilities out of the County' s name and into the Contractor' s name . The Contractor will also provide phone lines and internet services for County inspectors . See Section 109 — Field Office of the Technical Specifications . 01009 - 1 01009 -Special Provisions F :\PublicWorks\ENGlNEERlNG DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )Wdmim\bid documents\01009 - Special Provisions . doc G . POND 200 STORMWATER FACILITY — The Contractor shall construct the pond facility in accordance with the plans and specifications . In addition , the Contractor shall place and spread the excavated soil material from the pond site to specific locations near the pond site as directed by the County . In accordance with a Developer ' s Agreement between Indian River Federal Credit Union , Elwill Associates , Inc . and Indian River County approximately 6 , 500 cubic yards of the excavated material shall be placed on the Indian River Federal Credit Union site and approximately 10 , 000 cubic yards of the excavated material shall be placed on the Elwill Associates , Inc . site . Both sites lie east and adjacent to the drainage access easement for the proposed Pond 200 site . Through the Developer' s Agreement , the County shall provide an area on the two sites to stock pile the excavated soil . The County shall assure that the sites are cleared , acquire all necessary permits and assure that the sites are ready to receive the excavated soil material from the proposed pond site excavation . Once the sites are prepared , the Contractor shall excavate , haul and stock pile the soil material on the designated sites . The stock pile shall not have side slopes greater than 2 : 1 and shall not be placed any greater than elevation 24 feet NGVD . The Contractor shall provide Hydro - seed over the stock pile and all disturbed areas . The Contractor shall provide silt fencing around the stock piles and shall remain in place until grassing is established . The stock piles shall remain the property of the developers , Indian River Federal Credit Union and Elwill Associates , Inc . See Section 120 — Excavation and Embankment of the Technical Specifications . 01009-2 01009 -Special Provisions F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid 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\0533 -Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\01024 - Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor. B . Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . C . Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work . D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . F . Safeguard all points , stakes , grademarks , monuments and benchmarks made or established on the Work , and reestablish same , if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR . Do no excavation or embankment work until all cross - sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental . No separate payment will be made for surveying or engineering . 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A . Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR Is acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . 1050 - 1 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\01050 - Field Engineering .doc B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR' s work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR Is expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work , the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract . C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper . D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper . 1 . 3 STATION BOARDS A . CONTRACTOR shall erect and maintain white/ black standard FDOT station markers every 100 feet . 1 . 4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5- 7 of FDOT Standard Specifications . + + END OF SECTION + + 1050- 2 01050 Field Engineering F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\01050 - Field Engineering .doc SECTION 01091 REFERENCE STANDARDS 1 . 1 GENERAL A . Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization or body , it shall be construed to mean the latest standard , code, specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or when applicable laws , ordinances , rules , regulations or codes establish stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full. B . Reference to a technical society , organization , or body may be made in the Specifications by abbreviations , in accordance with the following list : AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA 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 CRSI Concrete Reinforcing Steel Institute DNR Department of Natural Resources 01091 - 1 01091 Reference Standards F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01091 - Reference Standards. doc FDEP/ DEP Florida Department of Environmental Protection FDOT/ DOT Florida Department of Transportation FED . SPEC . Federal Specifications IRFWCD Indian River Farms Water Control District 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 SSPC Steel Structures Painting Council SJRWMD St . Johns River Water Management District U . L . , Inc . Underwriter' s Laboratories , Inc . C . When no reference is made to a code , standard or specification , the standard specifications of ASTM , FDOT , or ANSI shall govern . D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevails . + + END OF SECTION + + 01091 -2 01091 Reference Standards F :\Pub1icWorks\ENG1NEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01091 - Reference Standards. doc SECTION 01215 GENERAL QUALITY CONTROL 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Specific quality control requirements for the work are indicated throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term " Quality Control " includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A . Residual OWNER Responsibility : The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests . B . CONTRACTORS General Responsibility : No failure of test agencies , whether engaged by the OWNER or CONTRACTOR , to perform adequate inspections of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR , OWNER , ENGINEER , and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work . The program is not intended to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . 1 . 3 QUALITY ASSURANCE A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre - qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . 1 . 4 PRODUCT DELIVERY- STORAGE - HANDLING Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses ( and resulting delays ) , thereby ensuring highest quality results as the performance of the work progresses . Control delivery schedules so as to minimize unnecessary long -term 01215 - 1 01215 General Quality Control F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01215 General Quality. doc storage at the project site prior to installation . 1 . 5 PROJECT PHOTOGRAPHS/VIDEOS A . The CONTRACTOR shall make provisions , at his expense , for photographs and video tapes of all work areas just prior to construction , and for unusual conditions during construction . The photographs and videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . B . Pre- Construction Photographs and Video : 1 . Contractor shall provide the Owner with photographic 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 F :\Pub1icWorks\ENG1NEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01215 General Quality.doc SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 , Other Meetings : On call . B . Place : CONTRACTOR' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR B . SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER D . OWNER ' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders . 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off-site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220 - 1 01220 Progress Meetings F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\01220 - Progress Meetings. doc SECTION 01310 CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR ' s schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised ( updated ) progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . B . Show changes occurring since the previous submission listing : 1 . Major changes in scope . 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . 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\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid 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 :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\01310 - Construction Schedule . doc 01340 — Submittal of Shop Drawings 1 . 1 SCOPE A . Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Article 6 . 17 of the General Conditions , Section 00700 , and as described in this Section . 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor , supplier , or distributor , which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Article 6 . 17 , Section 00700 . B . Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings . 1 . 3 PRODUCT DATA A . Product data are manufacturer' s standard schematic drawings and manufacturer' s catalog sheets , brochures , diagrams , schedules , performance charts , illustrations , and other standard descriptive data . Product data are further defined in Article 6 . 17 , Section 00700 . B . Modify standard drawings to delete information which is not applicable to the project and supplement them to provide, additional information applicable to the project . C . Clearly mark catalog sheets , brochures , etc . , to identify pertinent materials , products , or models . 1 . 4 SAMPLES Samples are physical examples to illustrate materials , equipment , or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Article 6 . 17 , Section 00700 . 01340 - Submittal of Shop Drawings . doc 01340 - 1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\01340 - Submittal of Shop Drawings. doc 01340 — Submittal of Shop Drawings 1 . 5 CONTRACTOR' S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . The CONTRACTOR ' s responsibilities for submittal of shop drawings , product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . B . Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work . Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means , methods , techniques , sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTOR' s responsibility . 1 . It is CONTRACTOR' S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to 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 Is responsibility for errors and omissions in submittals is not relieved by the ENGINEER' s review of submittals . The CONTRACTOR shall approve the shop drawings based on his in -the-field measurements , prior to submittal to the ENGINEER for his review . D . Notify the ENGINEER , in writing at the time of submission , of deviations in submittals from the requirements of the Contract Documents . The CONTRACTOR ' s responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER ' s review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER ' s stamp and initials or signature indicating the submittal has been reviewed . 01340 - Submittal of Shop Drawings . doc 01340-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01340 - Submittal of Shop Drawinqs . doc 01340 — Submittal of Shop Drawings 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER ' S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Engineering Division 1801 27th Street Vero Beach , FL 32960 B . A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER' S Name 2 . Project Name 3 . Contract Number 4 . Transmittal Number 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:\PubIicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01340 - Submittal of Shop Drawinqs . doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO . Contractor : Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re - Submittal ❑ 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\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix " B " for the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six ( 6 ) copies of all submittals that are on 11 - inch by 17 - inch or smaller sheets ( no less than 8 1 /2 - inch x 11 - inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 - inch by 17 - inch . H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations : 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 . Not Approved I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected " . Three ( 3 ) prints or copies of the submittal will be returned to CONTRACTOR . J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order , ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . K . If a Shop Drawing marked "Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit . " L . If a submittal is unacceptable , three ( 3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . " Revise and Resubmit" 2 . " Not Approved " M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . 01340 - Submittal of Shop Drawings . doc 01340 -5 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )Wdmim\bid documents\01340 - Submittal of Shop Drawinqs. 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:\Pu1blicWorks\ENG1NEERlNG DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01340 - Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . B . All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses , etc . , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all temporary water lines . 01520 - 1 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01520 - Construction Facilities .doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B . TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather , spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + I 01520 -2 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01520 - Construction Facilities . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . B . In order to prevent damage , injury or loss , CONTRACTOR' S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly , safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather , theft , breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5 . Provide barricades and guard rails around openings, for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment , except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway , right-of-way , or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work . CONTRACTOR Is responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 01541 - 1 F :\PubficWorks\ENGINEERING DIVISION PROJECTS\0533 -Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim \bid 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 Oslo Road and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality . The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way . 01541 - 2 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533 -Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim \bid documents\01541 - Protection of Property. doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer , water, gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water , sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR' 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 Is operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility , contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/ restore utility service to the satisfaction of the appropriate utility . Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , the CONTRACTOR shall notify the owner or occupant , both before the interruption ( 24- hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR shall obtain permission from their owner , or shall make suitable arrangement for their disconnection by their owner . 01541 - 3 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533 -Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid 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 F :\Pub1icWorks\ENGINEERING DIVISION PROJECTS\0533 -Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim \bid documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may e encountered , whether or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer . This information is not guaranteed , however, and it shall be this CONTRACTOR ' s responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . B . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + 01541 - 5 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533 - Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01541 - Protection of Property. doc SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 1 . 1 GENERAL A . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions . B . Prevent interference with traffic and the OWNER' s operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR' s operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract . Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner . He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . B . All trucks carrying earth shall be covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two (2 ) written warnings , after which . the CONTRACTOR shall pay a fine of $ 50 per uncovered truck to the Owner when invoked by the Owner to Owner' s Engineer . All cleanup shall be the responsibility of the CONTRACTOR . C . All trucks/ moving equipment shall have backup warning horns in proper working order while on the job site . + + END OF SECTION + + 01550 Access Roads 01550- 1 F :\Pub1icWorks\ENG1NEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01550 - Access Roads . doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . 01610- 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly . G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging . B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment . + + END OF SECTION + + 01610-2 F :\PubIicWorks\ENG1NEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including . proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01611 - Storage of Materials . doc SECTION 01630 SUBSTITUTIONS 1 . 1 GENERAL A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , " Substitutes and Or- Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents . 1 . 2 CONTRACTOR' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer , fabricator , supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . B . For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating " or equivalent , " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR' s option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 7 of General Condi - tions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer' s name and address . b . Manufacturer' s literature with product description , performance and test data , and reference standards . 01630 - 1 01630 Substitutions F :\Pub1icWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01630 - Substitutions .doc c . Samples , if appropriate . . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods ( if specified ) : a . Detailed . description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , . manufacturer or method specified . C . In making Request for Substitution , CONTRACTOR represents that : 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer , or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents . 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product , manufacturer , or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents , G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 3 . If the substitution will not require a more extensive review , Engineer will proceed with the review without additional cost to CONTRACTOR . 01630 -2 01630 Substitutions F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid 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 :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid documents\01630 - Substitutions . doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor , equipment , appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project , unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway , roadside , and landscaping work within any right-of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\01710 - Site Cleanup . doc G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer' s directions and recommendations at all times . I : Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and /or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710 -2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\01710 - Site Cleanup. doc 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\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave)\Admim\bid documents\001620 - Post Final Inspection . doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO . 00001 Technical Specifications SECTION NO . 00004 Scope of Work SECTION NO . 00101 Mobilization SECTION NO . 00102 Maintenance of Traffic SECTION NO . 00104 Erosion and Water Pollution Control SECTION NO . 00108 Record Drawings/As- Built Drawings SECTION NO . 00110 Clearing and Grubbing SECTION NO . 00120 Excavation and Embankment SECTION NO . 00160 Stabilization SECTION NO . 00285 Cemented Coquina Shell Base SECTION NO . 00327 Milling of Existing Asphaltic Pavement SECTION NO . 00334 Superpave Asphaltic Concrete SECTION NO . 00339 Miscellaneous Asphalt Pavement SECTION NO . 00400 Concrete SECTION NO . 00425 Inlets , Manholes and Junction Boxes SECTION NO . 00430 Pipe Culverts and Storm Sewers SECTION NO . 00520 Concrete Curb & Gutter SECTION NO . 00522 Concrete Sidewalk SECTION NO . 00570 Performance Turf SECTION NO . 00700 Signing and Pavement Markings SECTION NO . 01000 Water and Sewer Utilities SECTION NO . 02670 Flushing , Testing and Disinfecting F :\Public Works\ ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase II (43rd Ave to 27th Ave )\Admim\bid 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 February , 2008 . 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 September 5 , 2000 . SECTION 4 - SCOPE OF WORK Section 4 - 3 . 9 Value Engineering Incentive is deleted in its entirety . SECTION 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . (2010 Edition ) Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 101 - 1 - Mobilization - Lump Sum Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid SECTION 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 Edition ) , except as modified herein . A . GENERAL PROVISIONS - DESCRIPTION : The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period , including any temporary suspensions of the work . It shall include the construction and maintenance of any necessary detour facilities ; the providing of necessary facilities for access to residences , businesses , etc . , along the project ; the furnishing , installing and maintaining of traffic control and safety devices during construction , the control of dust through the use of calcium chloride if necessary , and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans . The term , Maintenance of Traffic , as used herein , shall include all of such facilities , devices and operations as are required forthe safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . B . BEGINNING DATE OF CONTRACTOR' S RESPONSIBILITY : The Contractor shall present his Maintenance of Traffic Plan at the pre - construction conference . The Maintenance of Traffic Plan shall indicate the type and location of all signs , lights , barricades , striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen . The plan will indicate conditions and setups for each phase of the Contractor' s activities . When the project plans include or specify a specific Maintenance of Traffic Plan , alternate proposals will be considered when they are found to be equal to or better than the plan specified . In no case may the Contractor begin work until the Maintenance of Traffic Plan. has been approved in writing by the Engineer . Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing . Except in an emergency , no changes to the approved plan will be allowed until approval to change such plan has been received . The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic . The Contractor shall be responsible for performing daily inspections , including weekends and holidays , with some inspections at nighttime , of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection . The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary . C . TRAFFIC CONTROL - STANDARDS : The FDOT Design Standards For Design , Construction Maintenance and Utility Operations On The State Highway System , Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design , application , installation , maintenance and Technical Specifications C •\ PiiKhn \Alnrlrc\ FN (, INFFRiwr; ni\/ i .ginN PR () , IFPH Phaca 11 /AArri Aua to 97th A\/a \\ Arlmim\ hiri removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits . The standards established in the aforementioned manual constitute the minimum requirements for normal conditions , and additional traffic control devices warning devices , barriers or other safety devices will be required where unusual , complex or particularly hazardous conditions exist . The above referenced standards were developed using F . H . W . A . , U . S . D . O . T . Manual on Uniform Traffic Control Devices ( MUTCD ) . D . TRAFFIC CONTROL DEVICES WARNING DEVICES AND BARRIERS - INSTALLATION : The responsibility for installation and maintenance of adequate traffic control devices , warning devices and barriers , for the protection of the travel in public and workmen , as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices , warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re - routing of traffic . The Contractor shall immediately remove , turn or cover any devices or barriers which do not apply to existing conditions . All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged . Damaged devices diminishing legibility and recognition , during either night or day conditions , are not acceptable for use . E . NO WAIVER OF LIABILITY : The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article , and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the . liability of the Contractor or his surety . F . Non - Compliance : Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control plan or presents a public safety concern , the contractor shall have until the end of the working day , in which notification is given , to take action to modify the maintenance of traffic . Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied . G . Contractor' s Maintenance of Traffic Plan shall maintain continuous vehicular traffic on Oslo Road at all times . The Contractor shall maintain one lane of traffic at all times during Oslo Road cross drain culvert constructions . Owner shall have option to fine the Contractor $ 1 , 000 . 00 per day for Maintenance of Traffic Plan non - compliance . 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 Technical Specifications P -\ Piihlir Wnrkc\ FN (; I NF FRINn nwi .o I (1N PRn. IF ('.TS\flf, 't3-(lsln PH Ph ::; 11 (A4rri AvP fn 97th AvP )\ Arim im\hiri SECTION NO . 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 , http : //www . dep . state . fl . us/water/ nonpoint/ ero man . htm and other references as may be required by regulatory permits . D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section . Alternatively , the OWNER may halt the CONTRACTOR ' s operations until the CONTRACTOR is in full compliance with this Section . If the OWNER halts the CONTRACTOR ' s work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with Chapter - " Best Management Practices for Erosion and Sedimentation Control " and Chapter 5 — " Best Management Practices for Dewatering " of the Florida Erosion and Sediment Control Inspector' s Manual . In the event of a conflict between the referenced Chapters and these Specifications , the more stringent requirement shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A . The OWNER has obtained certain permits for this project and they are listed in paragraph SC - 6 . 08 of the Supplementary Conditions . Per paragraph SC - 6 . 08 . 0 of the Supplementary Conditions , the CONTRACTOR shall apply for , obtain , and pay for all other required permits , licenses , sampling , and tests . Permits the Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th AveMdmim\bid 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 ) 984 -4940 to determine which permit is required and the associated statutory requirements ; 2 . SJRWMD RDS - 50 Permit ( required ) ; 3 . The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities ( required ) . Contact the Florida Department of Environmental Protection ( FDEP ) at ( 866 ) 336 - 6312 (toll free ) or ( 850 ) 245 - 7522 or www , dep . state . fl . us/water/stormwater/ npdes/ 4 . FDEP ' s Uncontaminated Groundwater Release Permit ( required if dewatering occurs ) . This permit requires water quality testing by a State certified laboratory . B . Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER . If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall govern . C . In addition to paying for all permit fees , CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit . 1 . 3 GENERAL A . Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities . B . From time to time , the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER . If at any time , the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not in compliance , and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications . C . Schedule construction to minimize erosion and stormwater runoff from the construction site . Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . In addition to other temporary erosion control measures that may be implemented , application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased , unless final landscaping has been installed . Polyacrylamide application shall be as specified herein . 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 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Avel\Adminn\hid manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property , nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable owner , regulatory agency , and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 . 4 SUBMITTALS A . Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340 . B . Stormwater Pollution Prevention Plan . 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION , AND MAINTENANCE A . State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance : Installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices . After installation , this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER ' s sole opinion , the devices are no longer necessary ( such time not to extend past the date the OWNER formally accepts the project as complete ) . Before beginning construction , submit to Indian River County for review and approval , a Stormwater Pollution Prevention Plan ( SWPPP ) , prepared by the certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County . Submit the approved SWPPP to the ENGINEER before beginning construction . Include in the SWPPP , the " Contractor' s Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site " ( located at the end of this Section ) . 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A . With respect to this Section and as may be further defined in paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D , " pollution " is the presence in off- site waters of any substances , contaminants , or manmade or human - induced impairment of off- site waters or alteration of the chemical , physical , biological , or radiological integrity of off- site 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 , Technical Specifications F •\ Pi ihlir to/nrkc\ FNC' I NF FRINr; ni\/ IRIr1N PRr1. PH Phase 11 Wd rr1 Ave to 97th A\/e1\ 4rimim\ hirl stucco mixer washout , curb machine washout , washout from other construction equipment , construction chemicals , and construction debris . B . When the Discharge is Directly Into an Existing Water Body , Pollution Occurs When An existing water body ( including ditches and canals ) is defined to be polluted by the CONTRACTOR ' 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 . C . When the Discharge is not Directly Into an Existing Water Body , Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly , such as after traveling through pipes or by overland flow . Before construction commences , the Contractor will measure background levels of total suspended solids (TSS ) and turbidity , in the immediate vicinity of the discharge water' s ultimate discharge point into the receiving water body . If the discharge water' s TSS and turbidity measurements exceed these pre -construction background values by 20 percentfor TSS and 29 NTUs for turbidity , then the discharge from the CONTRACTOR' s operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6 . 5 or greater than 8 . 5 , or whenever any of the following is present in the discharge water: ( 1 ) Hazardous waste or hazardous materials in any quantity , (2 ) Any petroleum product or by- product in any quantity , ( 3 ) Any chemical in any quantity , or (4 ) Concentrated pollutants . E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the types of conditions in which pollution may be determined to occur . 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A . In addition to the OWNER ' s specific remedies , if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site , the OWNER will immediately report the violations to the Indian River County Code Enforcement Board , SJRWMD , FDEP , Indian River Farms Water Control District (or other F . S . Chapter 298 Drainage District , as appropriate ) , and other pertinent regulatory or enforcement agencies . PART 2 - MATERIALS AND INSTALLATION 2 . 1 GENERAL Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid A . Polyacrylamide : As required in Paragraph 1 . 3 . C , place polyacrylamide ( PAM ) on bare ground to reduce the potential for erosion . PAM may also be used in water bodies to remove turbidity . Use the anionic form of polyacrylamide that does not stick to fish gills . For PAM information and its proper application , contact Applied Polymer Systems , Inc . , ( 678 ) 494 - 5998 , www . siltstop . com . B . Staked Silt Fences : 1 . General : Use silt fences to control runoff from the construction site where the soil has been disturbed . 2 . Installation : Install perthe manufacture ' s recommendations and as specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric . All supporting posts shall be on the down - slope side of the fencing . Place the bottom of the fabric 6 - inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Place silt fences away from the toe of slopes . Otherwise , install in accordance with FDOT Index No . 102 . 3 . Product : All material shall be new and unused . Use FDOT Types II through IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal ) or steeper , or as directed by the ENGINEER ; otherwise use FDOT Type III silt fence . ( a ) For FDOT Type III Silt Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence . U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre - attached to 48 - inch long stakes on 6 -foot centers . ( 1 - 800 -448 -3636 ) . ( b ) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No . 102 . ( c ) Or equivalent . C . Turbidity Barriers : 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc . 2 . Installation : Install per the manufacturer' s recommendations and per FDOT . Index No . 103 unless directed otherwise by the ENGINEER . 3 . Product : All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow . a . Parker Systems , Inc . ( 1 - 866 -472 - 7537 ) , model Type II or Type I b . Or equivalent . D . Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags : 1 . Remove silt , sediment , and other particles from dewatering or pumping applications using a filter bag . The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double - needle machine , 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 . Technical Specifications PAPt61ir \Nnrke\ FNr; INFFRINr; ni\/ I .glnN PRr), IFr TF\ f15RR-r)cln PH Phages 11 W4 rr1 Ava to 77th AvA1\Arimim\hH 3 . Product : The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , Inc . ( 1 - 800 -448 - 3636 ) . b . " DANDY DEWATERING BAG " supplied by Dandy Products , Inc . ( 1 - 800 - 591 -2284 ) . C . Or equivalent . E . Curb Inlet Protection : 1 . Filter stormwater before it enters curb inlets . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening . a . " GUTTERBUDDY , " supplied by ACF Environmental , Inc . ( 1 -800-448 - 3636 ) . b . Or equivalent . F . Catch Basin Protection : 1 . Filter stormwater before it enters catch basins ( drop inlets ) . The filter " sack" shall be manufactured from woven polypropylene geotextile and sewn by a double- needle machine , using a high strength nylon thread . The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features : two dump straps attached at the bottom to facilitate emptying ; lifting loops as an integral part of the system to be used to lift the sack from the basin ; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls . The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . a . " SILTSACK " ( regular flow ) , supplied by ACF Environmental , Inc . ( 1 - 800 -448 -3636 ) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc . ( 1 - 800 - 579 - 8819 ) . C . Or equivalent . G . Construction Site Egress Driveways : Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels . Construct a crushed rock driving surface at the vehicle exit point ( s ) . Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area . Provide wash - down stations as required to wash vehicle tires and retain all washwater on - site . Do not use limerock . H . Rock and Stone for Erosion Control and Pollution Control and Treatment : 1 . Crushed Limerock : Crushed limerock shall not be used under any circumstance . 2 . Acceptable Material : FDOT #4 non - calcareous aggregate ( usually granite ) , washed and meeting the requirements of FDOT Standard Specifications for Technical Specifications F -\Piihlic Wnrks\ENGINEERING DIVISION PRO. ] F_CTS\0533-nsln Rd Phases 11 (43rd AvP to 27th AVP. \\Admim\hiH Road and Bridge Construction , Section 901 . I . Hay Bales : Hay bales shall not be used . PART 3 - EXECUTION A . Design , construct , and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities . B . Apply polyacrylamide only as directed bythe polyacrylamide manufacturer/supplier . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 104- 11 — Turbidity Barrier Floating — Linear Foot Bid Item No . 104- 12 — Turbidity Barrier Staked — Linear Foot Bid Item No , 104- 13 - 1 - Silt Fence Staked (Type III ) — Linear Foot Bid Item No . 104 - 18 — Inlet Protection Systems — Per Each [The remainder of this page was left blank intentionally] Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid CONTRACTOR ' s AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN ) This sworn statement is submitted for Indian River County Project No . 0533 for Oslo Road ( CR 606 ) Phase II Roadway Widening . 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 : " . . . 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 Technical Specifications G •\ � h1in \A/ nrLc\ CSI (] I AICCC� IAIf] ni \ wzio I EDQn K: rTQ\ nr. q _r ) c1n DA Phoco 11 / A1rr1 A ..o fn 77th Avc \l Arlmim\ hirV Statutes Ch . 403 . 141 and Ch . 403 . 161 and that there are other penalties listed in these Technical Specifications . I understand that CONTRACTOR may be liable for these and other penalties if pollution occurs as a result of CONTRACTOR ' s activities associated with the Project . Under penalty of perjury , I declare that I have read the foregoing affidavit and the facts stated 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 + + Technical Specifications P -\ Pi i h I it \A/ nr4c\ F Nr, I AIFFPwr, f1IVIC1nK1 PW) IF ("TC\ nFQ 'Lr) cln PH Phaco 11 ld4rrl A \/= fn 77th wc1\ 4rlmim\ hirl SECTION 108 — RECORD DRAWINGS /AS - BUILT DRAWINGS GENERAL A . Maintain and provide the ENGINEER with record documents as specified below , except where otherwise specified or modified in Divisions the Supplementary Conditions . B . Maintenance of Documents : 1 . Maintain in CONTRACTOR ' s field office in clean , dry , legible condition complete sets of the following : Drawings , Specifications , Addenda , approved Shop Drawings , samples , photographs , Change Orders , other modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR' S Work . 2 . Provide files and racks for proper storage and easy access . 3 . Make documents available at all times for inspection by ENGINEER and OWNER . 4 . Do not use record documents for any other purpose and do not remove them from the field office . C . Recording : 1 . Label each document " PROJECT RECORD " in 2 - inch high printed letters . 2 . Keep record documents current . 3 . Do not permanently conceal any Work until required information has been recorded . RECORD AS - BUILT DRAWINGS A . During the entire construction operation , the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare there from " record " drawings showing correctly and accurately all changes and deviations from the work , made during construction to reflect the work as it was actually constructed . B . Record /As- Built survey shall be performed and subsequent plans prepared by a registered Professional Surveyor and Mapper in the state of Florida and certified per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards forthattype of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida accordingly . The following items are required to be shown on County project Record /As - Built drawings submitted to ENGINEER : As per Chapter 472 , Florida Statutes and Chapter 61G17 - 6 . 007 Florida Administrative Code As - Built — Record — Specific Purpose Surveys : A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record /As - Built survey as it relates to the regulations and standards established for said surveys . AND Field measurements of vertical or horizontal dimensions of constructed Technical Specifications � a o . . t, r ,, ini ,. .� ,. cir` miCCDI � I /'_ f11\ / IClrl �l PR (1 IF ('TA\ nS '23_lldn Rri Phaca 11 td. 2rri A\/P, to 97th Ava1\ Arimim\hiri improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . 1 . Right- of-way Swale/ Drainage — All culvert inverts , elevations and station offsets ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows along top of bank . Size of swale . 2 . Pipe Culvert/ PVC Sleeves — All inverts , stations and offsets . 3 . Outfalls — All pipe inverts , elevations and station offsets , weir box elevations , weir elevation , and sizes . 4 . Roadway/Off Site Drainage — All inverts , elevations and station offsets ; manhole top elevation ; grate top elevations . 5 . Retention Ponds — Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . 6 . Roadway : a . Stations and offset related to controlling baseline and elevations of all structures , side street and major driveway radius returns ( edge of pavement ) , bends and /or change in direction of roadway alignment , OR minimum at 1000 ' intervals along roadway alignment . b . Elevations along Profile Grade Line ( PGL ) , of all edge of pavements either side of Profile Grade Line ( PGL ) , at medians at the high / low and PVI points along Profile Grade Line ( PGL ) . c . All final Elevations to be plotted on PGL AND Plan - Profile sheets as applicable . d . Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets . SURVEY CONTROL 1 . Install / re -establish : It shall be the contractor' s responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472 , Florida Statutes , to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction . 2 . New roadway alignment control points ( Survey Baseline or controlling line and all points as indicated on the plans or control sheet ) upon final roadway completion . Include all intersections and side streets . State Plane Coordinates and elevations for all control points . 3 . Either if shown on plans or not : Any Public Land Corner or Governmental Survey Control point ( s ) , vertical control ( bench marks ) , property corners 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 underthe 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 . Technical Specifications F •\ Piihlir 1A/ nrkc\ FNc; iNFFRINC; nivic; InN RH Phaca 11 (d'3rri Ava to 77th AvP.. \\ Arlmim\hitt RECORD /AS - BUILTS DRAWINGS FORMAT - SUBMITTALL A . ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As - Built information . B . CONTRACTOR shall deliver seven ( 7 ) certified sets of Record /As - Builts with Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER . C . CONTRACTOR ' s surveyor shall review , sign and seal As - Builts or Record drawing ( s ) . Said drawing ( s ) shall clearly state , type of survey , positional tolerances , adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida , any standards set forth by Florida Statutes , Administrative code and Minimum Technical Standards for As - Built/ Record surveys . D . All Record /As - Built drawings are subject to review and approval by County Surveyor . ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As - Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR . COMPLETION OF WORK Upon Substantial Completion of the Work , deliver Record Drawings/As - Built Drawings to ENGINEER . Final payment will not be made until satisfactory record documents are received and approved by ENGINEER . AERIAL PHOTOGRAPH The CONTRACTOR shall provide aerial photographs of the project every 30 days during construction . The photographs shall be done in a manner to show the construction progress the entire length of the project . It is estimated that five ( 5 ) photographs will be needed during one flight . The photographs can be angled and not to a particular scale however must be detailed enough to identify the work in detail . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 108 - 1 — Record Drawings/As - Built Drawings - Lump Sum Bid Item No . 108 -2 — Survey Control ( install / Re- Establish ) — Lump Sum Bid Item No . 108 - 3 — Aerial Photography — Lump Sum Bid Item No . 108 -4 — N . P . D . E . S . Permitting - Lump Sum Technical Specifications F •\ Puhlic Wnrkc\ FNrINFFRINr; NVIRICA PRn. IFrTS\n51.,i-ncln Rd Phaca 11 143rri Ava to 27th Aval\Arimim\hiri Board of Professional Surveyors and Mappers As - Built Record Survey Checklist Lic . Name Date : Chapter 61 G17 -6 Minimum Technical Standards F . A. C . 61 G17 - 6 . 003 General Survey , Map , and Report Content Requirements ❑ ( 1 ) REGULATORY OBJECTIVE : The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper . In meeting this objective , surveyors and mappers must achieve the following minimum standards of accuracy, completeness , and quality : ❑ ( a ) Accuracy of survey measurements based on the type of survey and expected use . ❑ ( b ) Measurements made in accordance with the United States standard , feet or meters . ❑ ( c) Records of measurements maintained for each survey ( check field notes.. ) ❑ (d ) Measurement and computation records dated . ❑ ( e) Measurement and computation records substantiate the survey map . ❑ (f) Measurement and computation records support accuracy statement ( closure calculations or redundant measurements , if applicable . ) (2 ) Other More Stringent Requirements : ❑ ( a ) Met more stringent requirements set by federal , state , or local governmental agencies . ( 3) Other Standards and /or Requirements that Apply to All Surveys , Maps , and /or Survey Products : ❑ (a ) REGULATORY OBJECTIVE : In order to avoid misuse of a survey and map , the surveyor and mapper must adequately communicate the survey results to the public through a map , report , or report with an attached map . ( b ) Survey map or report identified the responsible surveyor and mapper and contain standard content . In meeting this objective , surveyors and mappers must meet the following minimum standards of accuracy, completeness , and quality : ❑ ( c) Type survey stated on map and report : As - Built Survey Mean High Water Line Survey Boundary Survey Quantity Survey Condominium Survey Record Survey Construction Layout Survey Specific or Special Purpose Survey Control Survey Topographic Survey Hydrographic Survey ❑ ( d ) Name , certificate of authorization number , and street and mailing address of the business entity on the map and report . ❑ ( e ) Name and license number of the surveyor and mapper in responsible charge . ❑ (f) Name , license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report . ❑ ( g ) Survey date ( date of data acquisition . ) ❑ ( h ) Revision date for any graphic revisions (when survey date does not change . ) ❑ ( i ) Map and report statement " Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. " ❑ (j ) Insurance statement in 1/4" high letters " The survey depicted here is not covered by professional liability insurance " if there is no professional liability insurance . Technical Specifications C •kotthc ,. r) 1\ / ICI (lf 1 PP (-) IF (1TC\ nF33_() c1n PH Phaco 11 td'3rri Ava to 97th Agra )\ Arimim\ hiri ❑ ( k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties . ❑ ( 1 ) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise . ❑ ( m ) Bearings , distances , coordinates , and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise . ❑ ( n ) Bearing reference (well established and monumented line) ❑ ( o ) A designated " north arrow " ❑ ( p) Stated scale or graphic scale ❑ ( q ) Abbreviations in legend or notes . ❑ ( r) Special conditions and any necessary deviation from the standards noted upon the map or report . ❑ ( s) Responsibility for all mapped features stated on the map or report ❑ ( t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others . ( u ) Map Accuracy. ( 1 ) Vertical Feature Accuracy : ❑ ( a ) Vertical Control : Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark . ❑ ( b) Closure in feet must be accurate to a standard of plus or minus . 05 ft . times the square root of the distance in miles . ❑ ( c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s ) upon which the survey is based . ❑ ( d ) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum . ( 2) Horizontal Feature Accuracy : ❑ ( a) Horizontal Control : All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based . ❑ ( b ) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum . ❑ ( c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures . All control measurements shall achieve the following closures : Commercial / High Risk Linear : 1 foot in 10 , 000 feet ; Suburban : Linear : 1 foot in 7 , 500 feet ; Rural : Linear : 1 foot in 5 , 000 feet ; ❑ ( d ) When statistical procedures are used to calculate survey accuracies , the maximum acceptable positional tolerance , based on the 95 % confidence level , should meet the same equivalent relative distance standards as set forth in 61G17 - 6 . 003 ( 3 ) ( p) (2 . ) ( c) F . A. C . ❑ ( e) Intended Display Scale : All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of : "This map is intended to be displayed at a scale of 11 or smaller" . 61G17 -6 . 004 Specific Survey, Map , and Report Requirements 01025- 17 Technical Specifications F •\ Piihlir \A/ nrkc\ FN (nINFFRIN ( ; f) IVISinN PRO. IFCTS\(1533-\7cln Rri Phase 11 (43rd AvP to 27th AVP. )\Arlmim\hiri rinm imantc\TPchniral ( 1 ) As - Built/ Record Survey : ❑ ( a ) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . ❑ ( b ) Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . ❑ ( c) All maps prepared shall meet applicable minimum technical standards . ❑ ( d ) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations . + + END OF SECTION + + 01025- 18 Technical Specifications F •\ Piihlir. Wnrks\F_ NGINE_ E_ RING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\Technical SECTION NO - 109 - FIELD OFFICE The Specifications for Field Office ( Contractor) shall include furnishing and installing a Construction Field Office at or near the Project Limits in accordance with these Specifications . The Contractor shall maintain , in good condition , for use by the Owner, Owner' s representative and Contractor' s office personnel , the Cumberland Farms building located at the N . E . corner of Oslo Road and 27th Avenue , which will be used as a field office . It is the Contractor' s responsibility to clean the inside of the building and provide furnishings . The building shall be equipped with tables and chairs for the use of minimum four (4 ) people and shall have sufficient drawers for the standard size plans , either attached to the tables or in cabinet form , one ( 1 ) rough plan rack , one ( 1 ) supply cabinet , a minimum of five ( 5 ) gallons of potable water maintained by the Contractor, one ( 1 ) dual cassette telephone answering machine , one ( 1 ) fax machine , and one ( 1 ) fire- resistant ( 2 ) drawer legal size file cabinet meeting fire underwriters ' approval for no less than a 1 -hour test . The room also shall be provided with a desk and chair. The Contractorwill be required to transfer the utilities out of the County' s name and into the Contractor' s name . The Contractor will also provide phone lines and internet services for County inspectors . The field office shall be ready for use no later than ten ( 10 ) calendar days after the date of mailing the fully executed Contract and before any other work is started , and shall be maintained by the Contractor until one ( 1 ) month after final acceptance of the Project by the Owner. See Section 01009 ( Special Provisions ) of the General Requirements . Item of Payment Payment shall be made under : Bid Item No . 109 - 71 - Field Office — Per Lump Sum SECTION NO - 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . ( 2010 ) with the following modifications : A . Prior to any clearing and grubbing , the contractor will stake the right-of-way . Unimproved areas shall be cleared of trees , logs , stumps , brush , vegetation , rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade . No stumps , roots , or perishable matter of any description shall remain under concrete slabs or footing , including pavement and sidewalks . B . No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved , after a review of the project site with the Contractor' s representative . C . Where the final pavement or structural work will be close to existing trees , the Contractor shall exercise care in the vicinity of the trees . Further , the Contractor shall saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer 01025- 19 Technical Specifications F -\ Piihlir 1A1nrkc\ FNr, INFFPI N ('" Ill\/ i .czin i PP (I. IF (:TC\ nriZ '2_rlcln PH Phnca 11 ldRrrl Awo to 97th Ava1\ Arimim\ hirl rinrmm � nfc\Tnrhnir� l or where shown on the drawings , work shall be done by hand in order to protect the trees . D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull hair or major root structures . All severed roots shall be sawn clean and paint with pruning paint . Stumps , roots , etc . , shall be completely removed and disposed of by the Contractor . Undesirable , dead , and /or damaged trees ( as so designated by the Engineer) shall be removed . E . All trees to be removed shall be disposed off site ; burning will be strictly prohibited . F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor . Where the removal of valuable trees or shrubs specifically for transplanting is required , this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G . All items to be removed shall be excavated to their full depth . All culverts removed from residential driveway entrances within the right- of-way shall become the property of the respective homeowner . Those homeowners not desiring the culverts may donate them to the County free of charge . ( See Paragraph C , Special Provisions ) The Contractor shall transport the culverts to the County' s storage yard . All metal castings for catch basins , manholes , or other structures shall be carefully removed and stored in the County' s Storage Yard if they are deemed salvageable by the Engineer . The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner . Any culverts , structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor . Where required , suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground . The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications . H . No additional payment will be made , nor will additional work , or change orders be authorized for work needed to remove , relocate , protect , or otherwise account for in the construction of the work depicted in the plans , for any feature , or item that would be apparent from a careful inspection of the site and review of the plans , even though such feature or item is not specifically called out in the plans . It is therefore essential the contractor make such inspection and review . I . The unit price bid for this item shall include the cost of all labor , tools , and equipment necessary to excavate , remove , and dispose of those items as directed by the Engineer and where designated on the Drawings . The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 110 - 1 - 1 — Standard Clearing and Grubbing - Lump Sum Bid Item No . 110 - 3 — Removal of Existing Structure — Lump Sum Bid Item No . 110 - 7 - 1 — Mailbox ( F & I ) ( Single ) — Per Each 01025-20 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th AveMdmim\bid documents\Technical SECTION — 120 = EXCAVATION AND EMBANKMENT A . Earthwork , including earthwork for drives outside the right- of-way limits , shall be paid for as embankment . Cost shall include all work specified in this section and Section 120 of the Standard Specifications . Such price and payment shall specifically include all cost of any roadway , lateral ditch or canal , and final dressing operations . B . Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . C . Pond 200 Stormwater Facility See Section 01009 of the Special Provisions ( G ) for special material placement requirements . D . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , isolated swale bottom locations , isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation . Approximately 2 . 0 ft of subsoil excavation is required in sublateral canals . Cost of replacement embankment shall be included in cost of subsoil excavation . Contractor to coordinate with county representative prior to any subsoil excavation . E . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120- 7 . 2 : Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner . Backfill material containing more than 2 . 0 % by weight of organic material , as determined by FM 1 -T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material , shall not be used in construction of the reinforced volume . If an individual test value of the three samples exceeds 3 . 0 % , the stratum or stockpile will not be suitable for construction of the reinforced volume . No A- 8 material permitted in embankment . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 120 - 1 — Excavation , Regular — Per Cubic Yard Bid Item No . 120 -4 - Excavation , Subsoil - Per Cubic Yard Bid Item No . 120 -6 — Embankment ( compacted in place ) — Per Cubic Yard SECTION - 160 = STABILIZATION The work specified in this item shall conform to Section 160 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . A . Sub Article 160 - 5 . 1 is modified by the addition of the following : "The stabilization thickness indicated on plans shall be considered a minimum thickness . Thickness will vary to conform to the lines , and grades shown in the plans . " Minimum L . B . R . = 40 - No under-tolerance . 01025-21 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\Technical Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 160 -4 -Type B Stabilization LBR40 ( 12 " ) - Per Square Yard SECTION — 285 - CEMENTED COQUINA SHELL BASE The work specified in this item shall conform to Section 285 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . A . Sub Article 285 -4 is modified by the addition of the following : Base material , thickness and requirements are described in the construction plans . Only one type of alternate base material shall be used . No additional payment will be made for base thickness in excess of the specified thickness B . Payment shall be made under : Item of Payment Bid Item No . 285-707 — Optional Base Group 7 ( 8 " ) Two Lifts — Per Square Yard Bid Item No . 285 -714 — Optional Base Group 14 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 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 327 - 70 - 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 334 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment 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 - 13A — Superpave Asphaltic Concrete ( Traffic C ) ( SP- 12 . 5 ) ( 2 " ) — Per Square Yard . Bid Item No . 334 - 1 - 13B — Superpave Asphaltic Concrete ( Traffic C ) ( SP 9 . 5 ) ( 1 " )Per Square Yard . Bid Item No . 334 - 1 - 13C — Superpave Asphaltic Concrete (Traffic C ) ( SP- 12 . 5 ) ( Overbuild ) - Per Ton SECTION - 339 — MISCELLANEOUS ASPHALT PAVEMENT The work specified in this item shall conform to Section 339 of the Florida Department of Transportation Standard Specifications for Road and Bridge ' Construction ( 2010 ) . Item of Payment 01025-22 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\Technical Payment for the work specified in this item shall be made under : Bid Item No . 339 - 1 - Asphalt Pavement Miscellaneous - Per Ton SECTION - 400 — CONCRETE STRUCTURES The work specified in this item shall conform to Section 400 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 400 - 1 -2 — Concrete Class I ( Endwalls ) - Per Cubic Yard SECTION - 425 — INLETS , MANHOLES AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 425 - 1 -311 — Inlets ( Curb ) ( Type P - 1 ) ( < 10 ' ) - Per Each Bid Item No . 425 - 1 -312 - Inlets ( Curb ) (Type P - 1 ) ( > 10 ' ) - Per Each Bid Item No . 425 - 1 - 321 - Inlets ( Curb ) (Type P-2 ) ( < 10 ' ) - Per Each Bid Item No . 425- 1 - 351 - Inlets ( Curb ) (Type P - 5 ) ( < 10 ' ) - Per Each Bid Item No . 425- 1 -352 - Inlets ( Curb ) (Type P - 5 ) ( > 10 ' ) - Per Each Bid Item No . 425 - 1 - 355 - Inlets ( Curb ) (Type P -2 ) ( Partial ) - Per Each Bid Item No . 425 - 1 -361 - Inlets ( Curb ) ( Type P- 6 ) ( < 10 ' ) - Per Each Bid Item No . 425 - 1 -452 - Inlets ( Curb ) (Type J - 5 ) ( > 10 ' ) - Per Each Bid Item No . 425- 1 -461 - Inlets ( Curb ) (Type J - 6 ) ( < 10 ' ) - Per Each Bid Item No . 425 - 1 -462 - Inlets ( Curb ) (Type J - 6 ) ( > 10 ' ) - Per Each Bid Item No . 425 - 1 -467 - Inlets ( Curb ) (Type J - 6 ) ( < 10 ' ) ( Special ) - Per Each Bid Item No . 425- 1 - 521 - Inlets ( Ditch Bottom ) (Type C ) ( < 10 ' ) - Per Each Bid Item No . 425- 1 - 523 - Inlets ( Ditch Bottom ) (Type C ) (J Bot . < 10 ' ) - Per Each Bid Item No . 425 - 1 - 524 - Inlets ( Ditch Bottom ) ( Type C ) ( J Bot . > 10 ' ) - Per Each Bid Item No . 425 - 1 - 527 - Inlets ( Ditch Bottom ) (Type C ) ( Special ) - Per Each Bid Item No . 425-2 - 61 - Manholes ( P -8 ) ( < 10 ' ) - Per Each Bid Item No . 425-2 - 63 - Manholes ( P-8 ) ( Partial ) - Per Each Bid Item No . 425 -2 -71 - Manholes (J - 7 ) ( < 10 ' ) - Per Each Bid Item No . 425-2 - 92 - Manholes ( J -8 ) ( > 10 ' ) - Per Each Bid Item No . 425-2 - 102A - Manholes ( J - 7 ) ( Special ) - Per Each Bid Item No . 425 -2 - 102B - Manholes ( J - 8 ) ( Special ) - Per Each Bid Item No . 425- 6 — Valve Box (Adjust ) - Per Each Bid Item No . 425 - 11 — Drainage Structure Modify - Per Each 01025-23 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\Technical SECTION - 430 — PIPE CULVERTS AND STORM SEWERS The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 430 - 171 - 125 — Concrete Pipe Culvert ( 18 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 125A — Corrugated Aluminum Pipe ( 18 " SS ) — Per Linear Foot Bid Item No . 430 - 171 - 129 — Concrete Pipe Culvert ( 24 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 129A — Corrugated Aluminum Pipe ( 24 " SS ) — Per Linear Foot Bid Item No . 430 - 171 - 133 — Concrete Pipe Culvert ( 30 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 138 — Concrete Pipe Culvert ( 36 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 138A — Corrugated Aluminum Pipe ( 36 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 140— Concrete Pipe Culvert (42 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 140A — HDPE Pipe Culvert ( Smooth wall N - 12 ) (42 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 141 — Concrete Pipe Culvert (48 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 142 — Concrete Pipe Culvert ( 54 " SS ) - Per Linear Foot Bid Item No . 430 - 171 - 142A — HDPE Pipe Culvert ( Smooth wall N - 12 ) ( 54 " SS ) - Per Linear Foot Bid Item No . 430 - 171 -225 — Elliptical Concrete Pipe Culvert ( 14 "x23 " SS ) - Per Linear Foot Bid Item No . 430 - 171 -238 — Elliptical Concrete Pipe Culvert (29 "x45 " SS ) - Per Linear Foot Bid Item No . 430 - 961 -218 — PVC Pipe Culvert ( 8 " SS ) - Per Linear Foot Bid Item No . 430 - 982 - 129 — Mitered End Section Concrete ( 24 " CD ) - Per Each SECTION 520 = CONCRETE CURB AND GUTTER The work specified in this item shall conform to Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 520 - 1 - 10 — Concrete Curb and Gutter (Type " F " ) — Per Linear Foot Bid Item No . 520 -2 -2 — Concrete Curb (Type " B " ) — Per Linear Foot Bid Item No . 520 - 2 -4 — Concrete Curb (Type " D " ) — Per Linear Foot Bid Item No . 520 - 3 — Valley Gutter ( Concrete ) — Per Linear Foot SECTION 522 — CONCRETE SIDEWALK The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : 01025-24 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\Technical Bid Item No . 522 -2 — Concrete Sidewalk ( 6 " Thick ) ( Sidewalk & Turnouts ) — Per Square Ya rd Bid Item No . 522 -2 — Concrete Sidewalk ( 8 " Thick ) ( Shelter Pad ) — Per Square Yard SECTION — 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . A . Description : Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer . This work shall also include mowing in accordance with Section 104 - 7 . 2 , to be mowed at 6 " height with a mulching mower. B . Work Included : Scope of Work : The work specified in this section consists of the establishing of a stand of grass , within the project , right- of-way , easements , and other areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required to assure a healthy stand of grass . Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed " . C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square ) indication of probable non survival or lack of health and vigor , or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished / installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws . The numerical designations forfertilizer indicate the minimum percentages ( respectively ) of ( 1 ) total nitrogen , ( 2 ) available phosphoric acid and ( 3 ) water- soluble potash contained in the fertilizer . The chemical designation of the fertilizer shall be 16-4 - 8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur . The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container . Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570 - 5 and 2 . 34 . B . F . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner , at his discretion , may authorize the elimination of ground preparation . 01025-25 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th AveMdmim\bid documents\Technical G . Application of Fertilizer : Before applying fertilizer , the soil pH shall be brought to a range of 6 . 0 - 7 . 0 . Contractor shall apply two (2 ) applications . The initial shall be fertilizer and the second application shall be "weed and feed " . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre , or 10 pounds per 1 , 000 square feet , by a spreading device capable of uniformly distributing the material at the specified rate . Contractor shall apply applications as per manufacturer' s specification . All tickets from bags shall be handed over to the County Inspector . On steep slopes , where the use of a machine for spreading or mixing is not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches . H . Placing Sod : The sod shall be placed on the prepared surface , with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow . Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits , the outer pieces of sod shall be tamped so as to produce a featheredge effect . Where sodding is placed abutting paved shoulder , the contractor is to ensure that the finished sod elevation is 1 '/2" below paved shoulder . On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . Sodding shall not be performed when weather and soil conditions are , in the Engineer' s opinion , unsuitable for proper results . Sod shall be placed around all structures , equipment pads , etc . I . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer , for optimum results . After being placed , the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter , the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days ( or until final acceptance , whichever is latest ) . J . Maintenance : The Contractor shall , at his expense , maintain the sodded areas in a satisfactory condition until final acceptance of the project . Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily . Replanting or repair necessary due to the Contractor' s negligence , carelessness or failure to provide routine maintenance shall be at the Contractor' s expense . The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer . Grass height shall not exceed 6 " without mowing . Clippings shall be removed from sidewalk . K . Article 570 - 9 . The first two paragraphs under this , Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod , fertilizer ( 2 01025-26 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid documents\Technical 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 - 2A — Performance Turf ( Sod ) ( Bahia ) - Per Square Yard Bid Item No . 570 - 1 - 213 — Performance Turf ( Sod ) ( St . Augustine ) — Per Square Yard SECTION - 00700 SIGNING AND PAVEMENT MARKINGS A . Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010 ) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer' s specifications . B . Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner' s Engineer or Resident Construction Inspector , the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4 " x 411 . Item of Payment Payment shall be made under : Bid Item No . 700 -20 - 11 — Sign Single Post ( less than 12 ) - Per Assembly Bid Item No . 701 -89 — Relocation/ Reconstruction of Monument Sign — Per Each Bid Item No . 706 - 3 — Retro- reflective Pavement Markers — Per Each Bid Item No . 711 - 11 - 111 — Traffic Stripe ( Sol id ) ( Thermoplastic ) (White ) ( 6 " ) — Per Linear Foot Bid Item No . 711 - 11 - 122 — Traffic Stripe ( Sol id ) (Thermoplastic ) (White ) ( 8 " ) — Per Linear Foot Bid Item No . 711 - 11 - 123 — Traffic Stripe ( Sol id ) (Thermoplastic ) (White ) ( 12 " ) — Per Linear Foot Bid Item No . 711 - 11 - 124 — Traffic Stripe ( Solid ) (Thermoplastic ) (White ) ( 18 " ) — Per Linear Foot Bid Item No . 711 - 11 - 125 — Traffic Stripe ( Solid ) (Thermoplastic ) (White ) ( 24 " ) — Per Linear Foot Bid Item No . 711 - 11 - 141 — Traffic Stripe ( Skip ) (Thermoplastic ) (White )— Per Linear Foot Bid Item No . 711 - 11 - 151 — Guidelines ( Thermoplastic ) (White ) ( 6 " ) — Per Linear Foot Bid Item No . 711 - 11 - 160 — Pavement Messages (Thermoplastic ) — Per Ea Bid Item No . 711 - 11 - 170 — Directional Arrows (Thermoplastic ) — Per Each Bid Item No . 711 - 11 -211 — Traffic Stripe ( Solid ) (Thermoplastic ) (Yellow ) ( 6 " ) — Per Linear Foot Bid Item No . 711 - 11 - 224 — Traffic Stripe ( Solid ) (Thermoplastic ) ( Yellow ) ( 18 " ) — Per Linear Foot 01025-27 Technical Specifications F -\Puhlic Wnrks\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th Ave )\Admim\bid dncuments\Technical Bid Item No . 711 - 11 -241 — Traffic Stripe ( Skip ) ( Thermoplastic ) ( Yellow ) — Per Linear Foot Bid Item No . 711 - 11 -251 — Guidelines ( Thermoplastic ) ( Yellow ) ( 6 " ) — Per Linear Foot SECTION — 1000 - WATER AND SEWER UTILITIES A . Water Utilities The water utilities for this project shall be constructed per the " Indian River County Department of Utility Services Water & Wastewater Standards " , February 2008 . This document can be purchased from Indian River County Utilities . Relocation of existing fire hydrants shall include the cost of all pipe , fittings , thrust blocks , retaining rods , trenching grading , and incidental items associated with relocation . Bid Item No . 1050 - 11 -423 — Utility Pipe ( F & I ) ( DI ) ( 6 " ) ( Sewer) — Per Linear Foot Bid Item No . 1050 - 11 -424 — Utility Pipe ( F & I ) ( DI ) ( 8 " ) (Water) — Per Linear Foot Bid Item No . 1080 - 11 -403A - Utility Fixture , Tapping Sleeve & Valve ( F & I ) ( 6 " x 10 " ) Per Each Bid Item No . 1080 - 11 -403B - Utility Fixture , Tapping Sleeve & Valve ( F & I ) ( 8 " x 20 " ) Per Each Bid Item No . 1510 - 12 — Sanitary Sewer Fittings — Per Ton Bid Item No . 1610 - 14 — Water Fittings — Per Ton Bid Item No . 1611 - 147 - 18 — Water Fittings ( Line Stop ) ( 8 " ) — Per Each B . Sewer Utilities The sewer utilities for this project shall be constructed per the " Indian River County Technical Specifications " , February 2008 . This document can be purchased from Indian River County Utilities . C . Earthwork and Backfill Compaction - All fill must be compacted by hand tamping from under the pipe up to the center line . Backfill shall be compacted in 6 " lifts up to the surface to achieve a minimum compaction of 98 percent of maximum density in roadways and shoulders and 95 percent in easements , in accordance with AASATO T- 180 and D -2167 . D . Ductile Iron Pipe and Fittings 1 . General : All ductile iron pipe shall be manufactured in accordance with AWWA Specifications C - 150 & C - 151 . All buried ductile iron pipe shall be manufactured in accordance with AWWA Specification C - 151 and shall be Class 52 minimum . All exposed ductile iron pipe shall be Class 53 minimum . 2 . Fittings : All underground fittings shall be either bell and spigot , or mechanical joint . Mechanical joints shall conform to AWWA specification C110 (ANSI 21 . 10 -87 ) , or latest revision . All exposed aboveground fittings shall be 01025-28 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th AveMdmim\bid documents\Technical flanged joint . 3 . Bell and Spigot Connections : Joints in bell and spigot pipe shall be push -on , mechanical , or restrained joints in accordance with AWWA Standard C - 111 (ANSI 21 . 11 - 85 ) , or latest revision . Mechanical joint pipe set- screw type retainer glands will not be permitted . 4 . Flanged Connections : Flanged pipe with screwed -on flanges shall be furnished with long hubs , and the flanges shall be screwed on the threaded end of the pipe in the shop , and the face of the flange and end of pipe refaced together . There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside . The back of the hub shall be caulked where the hub threads joint with the pipe . 5 . Valve Box Adjustments : Cost of valve nut extenders shall be included in cost of valve box adjustments where needed . E . Disinfecting Potable Water Pipelines Before being placed in service , all potable water pipelines shall be chlorinated in accordance with the latest edition of AWWA C -651 , ".Standard Procedure for Disinfecting Water Mains " , except that the use of tablets is strictly prohibited . The procedure shall be approved by the Engineer . The location of the chlorination and sampling points will be as specified by the Florida Department of Environmental Protection , Water Distribution System Permit . Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor , as required . SECTION - 02670 FLUSHING TESTING AND DISINFECTING PART 1 - GENERAL 1 . 01 WORK INCLUDED A . Flushing , Pressure Testing , and Disinfection of all piping systems . B . Contractor shall furnish all necessary pumps , hoses , piping , fittings , meters , gauges , chemicals and labor to conduct specified testing . C . Testing shall be repeated at the Contractor' s expense until satisfactory results are achieved . D . Refer the . specific chemical system specification section for additional flushing and testing procedures . 1 . 02 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A . Section 1000 — Water and Sewer Utilities 1 . 03 REFERENCES A . ANSI /AWWA C651 - Standard for Disinfecting Water Mains . 1 . 04 SUBMITTALS A . Test Reports : Indicate results comparative to specified requirements . Submit two ( 2 ) copies of test results to Engineer in accordance with Submittal specifications . 01025-29 Technical Specifications F :\Puhlir. Wnrks\ FNGINF_ FRING nivISION PRn, IF_ CTS\0533-0sln Rd Phase 11 (43rd Ave to 27th AVP. )\Adrnim\hiri rinnimants\Tarhniral 1 . 05 QUALITY ASSURANCE A . Perform Work in accordance with ANSI /AWWA C651 . 1 . 06 REGULATORY REQUIREMENTS A . Conform to applicable Florida DEP requirements for performing the work of this Section . B . Work shall conform to Indian River County Standards . PART 2 - PRODUCTS 2 . 01 DISINFECTION CHEMICALS A . Chemicals : The disinfecting agent shall be sodium hypochlorite solution ANSI /AWWA B303 or liquid chlorine ANSI /AWWA B301 . Dry hypochlorite , similar to " HTH " or equal may also be used as the disinfecting agent . Bleach or Clorox is not acceptable . PART 3 - EXECUTION 3 . 01 EXAMINATION A . Verify that piping systems have been cleaned , inspected , and tested . B . Coordinate scheduling of flushing , pressure testing , and disinfection activities with tie- ins , certifications , and sequence of construction . 3 . 02 FLUSHING AND PRESSURE TESTING - PIPING A . The Contractor shall furnish and install suitable temporary testing plugs or caps for the water lines , all necessary pressure pumps , hose , pipe connections , meters , gauges and other similar equipment , and all labor required , all without additional compensation for conducting pressure and leakage tests and flushing of the piping . Flushing and pressure testing shall be conducted in the following order . B . After all piping lines have been installed and before pressure testing , each run of pipe shall be thoroughly flushed so as to remove all debris and foreign matter from the piping and equipment . Clean and flush all piping using potable water . Sufficient flushing water and pigging shall be introduced into the piping to produce a discharge that is clear with no evidence of silt or foreign matter is visible . Contractor to provide means of discharging and disposing of water at Contractor' s expense . C . Pressure testing ductile iron piping systems : 1 . The test pressure for the water piping , irrigation quality water piping , and force main piping systems constructed of ductile iron shall be 150 psi and this pressure shall be maintained for a period of not less than two hours . Tests shall be made between valves and as far as practicable and as approved by the Engineer . Potable water from the distribution system shall be used . Pressure shall not vary more than five ( 5 ) psi for piping during the test periods or as approved by the Engineer . Allowable leakage shall be computed on the basis of AWWA C - 600 . 2 . All leaks evident at the surface shall be uncovered and repaired regardless of the total leakage as indicated by the test , and all pipes , valves and fittings and other materials found defective under the test shall be removed and replaced at the Contractor' s expense . Tests shall be repeated until leakage has been reduced below the allowable amount . 01025-30 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase 11 (43rd Ave to 27th AveMdmim \bid documents\Technical 3 . In the judgment of the Engineer, should it not be practical to follow the foregoing procedures exactly for any reason , modifications in the procedure shall be made as approved by the Engineer . In any event , the Contractor shall be responsible for the ultimate water tightness of the piping within the preceding requirements . 3 . 03 DISINFECTION A . The Contractor shall furnish and install suitable temporary connections to the piping , all necessary pressure pumps , hose , pipe connections , meters , gauges and other similar equipment , and all labor required , all without additional compensation for the disinfection of all required piping systems . Disinfection shall be conducted on the following systems : 1 . Water main piping and valves . B . Conform to AWWA Standards and as modified herein . C . Maintain disinfectant for a minimum of 8 hours in such a manner that the entire system will be filled with water containing a minimum chlorine concentration of 50 ppm at any point . D . After the disinfecting agents have been permitted to remain for the specified contact periods , the water lines , and valves shall be thoroughly flushed with water until the residual chlorine tests are less than 2 PPM in each instance . The determination of the amount of residual chlorine in the system shall be made at such points and in accord with standard tests by means of a standard orthotolodine test set . 3 . 04 BACTERIOLOGICAL SAMPLING A . It shall be the responsibility of the Contractor under this contract to perform the bacteriological testing required by the Florida Department of Environmental Protection and Indian River County to obtain clearance of the water main piping . The Contractor shall be responsible to disinfect and repeat testing as needed until clearance is obtained for all required plant systems . The Contractor shall be responsible to pay for additional water needed if the bacteriological testing must be repeated for the clearance of the ground storage tank . B . The piping systems require two ( 2 ) consecutive daily samples taken from the locations called out on the plans or as determined by the Engineer . The samples shall be taken at all the respective sample point locations . C . Sampling must be coordinated with Engineer and other construction activities so as to minimize re- sampling . D . Contractor shall submit schedule for bacteriological testing and pressure tests . E . The Contractor shall incur all costs needed to provide bacteriological clearance of the piping systems . 3 . 11 QUALITY CONTROL A . The laboratory and personnel collecting bacteriological samples shall be Florida State certified in accordance with FDEP requirements . 01025-31 Technical Specifications F •\ Pnhlir 1Alnrkc\ FNl; INFFRIN (z nivi .gIf1N PR (11PH Phaco 11 ld3rri Avo fn 97th A\/ol\ AHmim\ hiri rinriimantc\Tcrhnirml APPENDIX ' A9 PERMITS 13 St. Johns River Water Management District 13 Indian River Farms Water Control District United States Army Corps of Engineers Appendix A-Permits F :\Public Works\ENGINEERING DIVISION PROJECTS\0533 -Oslo Rd Phase II (43rd Ave to 27th Ave)\Admim\bid documents\APPENDIX A - Permits . doc O'HAIRE,. QUINN', CANDLER & CASALINO - Attorneys CARTER ASSOCIATES - Surveyors & Engineers INDIAN RIVER FARMS • WATER CONTROL DISTRICT 7305 4th Street VERO BEACH, FLORIDA 32968 Phone: (772) 562-2141 Fax: ( 772) 562-2532 DAVID E. GUNTER Board of Supervisors Secretary-Treasurer W. C. GRAVES, IV SCOTT W LAMBETH MARK TRIPSON March 24 , 2010 Mr. Brian Good,. P . E . Kimley-Horn and Associates, Inc. 601 21St Street, Suite 300 Vero Beach, FL 32960 -0861 Re : Permit Modification Request Oslo Road (CR-606"i Phase 11 Roadway Widening Indian River Farms Water Control District Permit No . 07- 64 Indian River County, FL Dear Mr. Good, This will acknowledge receipt of your transmittal letter of February 9 , 2010 , and above referenced modified project plans, signed and sealed by you, dated February 12 , 2010 . In reviewing these modified plans, we find no substantial changes , other than as outlined in your transmittal letter. Please be advised that Permit No . 07- 64 is hereby granted an extension of time until September 9, 2011 , subject to the standard provisos shown on face and back of said permit, and the special conditions attached to , and issued with said Permit No . 07- 64 . This permit extension is issued based on your modified plans as identified above . Please attach this letter to the original Permit No . 07- 64.. If you have any questions or need any additional information, please do not hesitate to call . Sincerely, INDIAN RIVER FARMS WATER CONTROL DISTRICT ,L,. is, David E . Gunter Superintendent C :1Documents and Settings\Deborah VaughnTonl Safings\ Pemporaq Irdernet Piles\Content.Outlook\DQ1714331P\MzTWc,1 -good- permit07-64ext.doc cc : Chris Kafer, P .E . — Indian River County Mike Nixon, P .E. — Indian River County Carter Associates , Inc . O CADocuments and Settings\Deborah Vaughn\Local Settings\Temporary Internet Files\Content. 0utlook\DQH433 Mirfwcd-good- permit07-64ext.doc Date : _ No . 67 6 4 A . Applicant Information : Name : ,C 0 Rkye4z C30CLrc� Of Address : C V1 S .1240 ps"a� 3�rrweA V Authorized Agent and Title : & I axel 0' popL m Telephone Number: A .1 -12) ' I a14 � 4C) $3 Be Proposed Connection or Use : (check appropriate box or boxes) NON-REFUNDABLE ❑ Culvert connection to District canal for irrigation or drainage $ 100 . 00 ❑ Pump connection to District canal for irrigation or drainage $300 . 00 ❑ Culvert and/or control structure in District canal for crossing and/or water storag $200. 00 Ifi Other (specify) QrGanap✓p V%emey ' S $ 100 .00 C . Location : Tract , Section �, Township 33S , Range 6 , Canal No . Other appropriate description : � PMAdE�4 7u Property I .D . Parcel No . : 43 42%6L +0 Attach drawing to show details (include acreage to be served) . D. Details of proposed Construction : ( Give diameter' and length of culvert ; diameter and rated capacity of pump ; height and width of riser or other details on water control structure . ) E. Special Conditions : (for District use only) Fs Estimated Date of Construction Commencement: I I s DSS Estimated Date of Construction Completion : t a G. As the Applicant for permit, I do understand and agree that : 1 . The use of, or construction within, the right-of,--way of the Indian River Farms Water Control District will be in accordance with the details of the approved sketch and/or permit conditions shown hereon, supporting this application ; and if any changes are required, same will be cleared with the District . (Count-i-nuueedd mon Reverse �hereof) Signed : . , , L--t ['KcQ _ - c� bate �> D Applicant — ` - - _ - - - - - (For District Use Only) - - - - - - - - -- - - - - - - - Y 119 , Application approved by : 7./ Indian Riv s Water Control District. Annlirntinn nnnrnvPLH by YX. ice_ 1J13UAt, L VLi Ll 1 JJ A 11y11L V1 V \.111Li1LJ YY 1L11V LiL JVD. LAI 111 b, 1J1 VFJ01 4t1 L11 Vi1Llt 11 VA LL1�IVVL . 4 . It is further understood and agreed that any .other requirements of the District are binding upon me , the application, and I do hereby indicate acceptance of this notice thereof. 5 . It is further understood and agreed that the lands to be benefited by this request are , or may be , subject to flooding during periods. of high water due to heavy rains or other acts of God , and that the permit will be accepted subject to this possibility which, is recognized not to be within the control of the District. STANDARD PROVISOS' 1 . Permittee assumes full responsibility for any construction , operation or maintenance of District property or right-of-way subject to this Permit and shall save and hold harmless District from any expense , loss , damage or claim in regard thereto , and the District assumes and shall have no liability in connection therewith. 2 . This Permit may not be assigned or subletted to a third party and any transfer of Perrnittee ' s property abut- ting District' s property or right- of-way shall ipsofacto and without move , cancel , nullify and revoke this Permit . This Permit is subject always to the paramount right .of the District to keep and maintain its drainage district functions . and operations , and is subject to revocation, and cancellation upon thirty days ' notice from District to Permittee . . 4: In no event shall the District be :liable for " any damages done or caused by the District to the Public , to Permittee or . any other person using the right- of-way or property subject to this Permit, and Permittee shall save the District, its _officers; agents , supervisors and employees harmless from any costs , charge or expense of claim or demand of any person against the District arising from or pertaining to any use made of the property or right-of way subject to this permit. Permittee shall, at any time upon request of District , provide to District evidence, satisfactory to District, of liability insurance coverage, in amounts and with companies as may be required by District, protecting the interests of District and naming District as an additional in- sured . . 5 . The District may, on thirty days' written notice to Permittee; require removal. and/or alteration of any instal- lation or construction on District right- of-way. 6 . Any construction on District right- of- way or property and clean up . shall be completed promptly by Permit- tee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion .within ten - days after completion of construction or installation . 7 . Permittee shall advise District 's office prior to .commencement and upon completion of all construction . (562-2141 ) 8 . Permittee shall not discharge any pollutants , contaminants or deleterious materials into water or structures owned or maintained by,, or subject !to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shawl save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request of District. 9 . Permittee, as a condition to the continuance of this Permit, shall reimburse District immediately upon de - mand, for any testing or other costs or expenses to District associated with or arising from Permittee 's use of District facilities . 10 . Applicant is cautioned that electrical , water and sewer, or other installations or utilities may be located within the construction area , and applicant shall use diligent efforts to first detect and locate all such instal- lations and shall coordinate construction with all other lawful users of said right-of- way. Applicant shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of way users. 11 . This permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the imp1 ovements specified on the face hereof, and does not convey any other right, title or interest of the District ii4 the subject right-of-way property. SPECIAL CONDITIONS FOR PERMIT NO . 07-64 FOR OSLO ROAD (CR-606) PRASE II ROADWAY WIDENING FROM 27TH AVENUE WEST TO 43" AVENUE INDIAN RIVER COUNTY, FLORIDA 1 ) This permit issued based on plans signed and sealed by Brian A . Good, P .E . , dated September 26, 2007 . 2) Existing guardrail along existing ditch to remain in place on portions of ditch to remain as open ditch section. Any new guardrail, where required, adjacent to remaining open ditch section shall be placed no more than three (3 ) feet from north top of bank of ditch. 3 ) In all remaining open ditch sections (i . e. not culverted) final berm to be graded away from top of canal bank to top of roadway curb to prevent ponding of stormwater on berm and over bank discharge (and resulting erosion) into canal . 4) Remaining berm between back of curb and top of bank to be compacted and stabilized to withstand heavy canal maintenance equipment traffic. 5) The Indian River Farms Water Control Plan provides that all properties lying within % mile north and south of Sub -lateral B -7-E (Oslo Road — 91h Street) Canal ultimately discharge into said canal . (A) Future drainage connections (and/or legal outfall access to proposed connections) for all ownership parcels (now developed or undeveloped) lying north of Oslo Road shall be provided. 6) Drainage within Sub-lateral B -7 -E (Oslo Road) Canal shall be maintained at all times during construction. Any scheduled temporary blockage of the canal for construction of culvert installation shall be coordinated with David E. Gunter, Superintendent of Indian River Farms Water Control District (phone : 772-562- 2141 ) on a day-to -day basis . 7) As-built plans and certification of project drainage facilities, and related structures, shall be performed by a Florida. Registered Surveyor and Mapper, and fiunshed to the District upon completion of the project. i i I 1.t /C!'. cnnn nnl.in nn ncricnel .._....:..t ..... A 44n7 LA Ai. O,HAIRE, QUINN , CANDLER & CASALINO - Attorneys CARTER ASSOCIATES - Surveyors & Engineers INDIAN RIVER FARMS WATER CONTROL DISTRICT 7305 4th Street VERO BEACH, FLORIDA 32968 Phone: ( 772 ) 562-2141 Fax: (772 ) 562- 2532 DAVID E. GUNTER Board of Supervisors Secretary-Treasurer W. C. GRAVES, IV SCOTT W. LAMBETH May 24 , 20 10 MARK TRIPSON Indian River County Oceo 1801 275' Street Vero Beach, FL 32960 MAY 2 7 �D Attn : Michael Nixon, P . E . /N ) ?010 ENGiANRIV E E REQ ABY NESCpIV SNOB Re : Permit 909 - 07 Bridge — Oslo Rd . & 43rd Avenue Dear Mike : Please accept this letter as an approval for an extension of the above named permit until February 16 , 2012 . Please attach this letter to the original permit . If any changes are made to the original permit plans , review and possible re - submittal may be required . If you have any questions or need any additional information , please do not hesitate to contact our office . Sincerely, c: ) 0 Deborah Vau Administrative Assistant cc : Marvin Carter , Carter Associates , Inc INDIAN RT-Tv- R FARMS WAAR CONTROT --'DISTRICT 7305 4th Street Vero Beach, Florida 32968 (772) 562-2141 APPLICATION FOR CONNECTION TO: OR USE OF DISTRICT FACILITIES Date : oI � 12, 1 09No . � g � � 7 A . Applicant Information : Name : _ 1R L 9na-Q-n c F CQ,_„� Address : i Ago Authorized Agent and Title: ?:: 2t" G . R NEi>3�. P E . t R ems , 0 .C,-3 i Telephone Number: -T& d -- S4> r 31,to d B . Proposed Connection or Use : (check appropriate pox or boxes) NON-REFUNDABLE ❑ Culvert connection to District canal for irrigation or drainage $ 100. 00 ❑ Pump connection to District canal for irrigation or drainage $300 . 00 ❑ Culvert and/or control structure in District canal for crossing and/or water storage $200 . 00 ,Q2Other (specify) $V-t7t�c +� �� w �+ tS, 4�a �� Mr�ttiLrv,�100.00 4 h C. Location : Tract 15 Section ZZ Township .33 Range ZPP Canal No . Other appropriate description : CZLo ?—n , -Aa� rn, .ef ou � 43 " J 4 �� rte + • Property I.D . Parcel No. : Attach drawing to show details (include acreage to be served) . Z Cac- PLA � t (o ,uf-b A-.,Lp v=n Bey 4L -JA>v C . ILtiLAuL� D. Details of proposed Construction : (Give diameter and length of culvert; diameter and rated capacity of pump ; height and width of riser or other details on water control structure. ) No 6, C0 S�ngS j(t-�tC.Z'�2c . No c{�� 3 �o SUPEP-5 ?R-KLTu� c—b -T,.}L w� 10 l Fl • ' E. Special Conditions : (for District use only) —F-7- 3 P €2u/T, ' s S1l1JE� Y�� 5 teb ray l3+l , nv C • /2tat=AVLT Rd5A. ) rcc- /JU Q � 30 --� L/�7 � Z �Ij � >�t7Jl.eC�Yl � �+L'7b dZr' S>/jgH✓yi.t A1G0� !'/ G/JT�.YA+7 i=.�r�. F. Estimated Date of Construction Commencement$ Estimated Date of Construction Completion : G. As the Applicant for permit, I do understand and agree that : 1 . The use of, or construction within, the right-of-way of the Indian River Farms . Water Control District will be in accordance with the details of the approved sketch and/or permit conditions shown hereon , supporting this application; and if any changes are required, same will be cleared with the District. I (Continued on Reverse hereof Signed: 4� � Q .7�L �7 Date C _ Applicant (For Di trio se Only Application approved by : G L2 for the than River Farrgg Water Control District Application approved by : for Carter ;Associates , Inc. , Engineer for District Date of approval : J6- Expiration Date of this approved application : PERMISSION , WHEN GRANTED , WILL BE SUBJECT TO THE STANDARD PROVISOS. SET FORTH ON THE REVERSE HEREOF. G . (continued) 2 . I accept full responsibility for any erosion to or shoaling in the District' s canal or levee due to my work and I shall remove or repair same promptly and at no expense to the District; and I will. prevent the discharge of any hyacinths or aquatic growth into the District' s canal through my connection . 3 . I will neither plant trees or shrubs or erect any structure that will prohibit or limit the existing access of District equipment or veluicles without securing proper authorization thereof. 4 . It is further understood and agreed that any other requirements of the District are binding upon me , the application, and I do hereby indicate acceptance of this notice thereof. 5 . It is further understood and agreed that the lands to be benefited by this request are , or may be , subject to flooding during periods of high water due to heavy rains or other acts of God, and that the permit will be accepted subject to this possibility which is recognized not to be within the control of the District. STANDARD PROVISOS 1 . Permittee assumes full responsibility for any construction , operation or liiairiteriance of District property or right-of-way subject to this Permit and shall save and hold harmless District from any expense , loss , damage or claim in regard thereto , and the District assumes and shall have no liability in connection therewith . 2 . This Permit may not be assigned or subletted to a third party and any transfer of Permittee ' s property abut- ting District' s property or right-of-way shall ipsofacto and without move , cancel, nullify and revoke this Permit . 3 . This Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations , and is subject to revocation and cancellation upon thirty days' notice from District to Permittee . 4 . In no event shall the District be liable for any damages done or caused by the District to the Public , to Permittee or airy other person using the right-of-way or property subject to this Permit , and Permittee shall save the District, its officers , agents , supervisors and employees harmless from any costs , charge or expense of claim or demand of any person against the District arising from or pertaining to any use made o the ide property or right-of-way subject to this permit . Permittee shall , at any time upon request of District, p to District evidence , satisfactory to District, of liability insurance coverage , in amounts and with companies as may be required by District , protecting the interests of District and naming District as . . additional in- _ cured . . _ _ . . .. .. . 5 . The District may, on thirty days' written notice to Permittee , require removal and/or alteration of any instal- lation or constriction on District right-of-way. rty and clean up shall be completed promptly by Permit 6 . Any construction on District right- of-way or prope tee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosiowithin ten days after completion of n construction or installation . 7 . Permittee shall advise District' s office . prior to commencement and upon completion of all construction. ( 562-2141 ) g . Permittee shall not discharge any pollutants , contaminants or deleterious materials into water or structures owned or maintained by, or subject to the jurisdiction of District , nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request of District. o Permittee, as a condition to the continuance of this Permit , shall reimburse District immediately upon de- with or arising from Pernuttee' s use of mand, for any testing or other costs or expenses to District associated District facilities . 10 . Applicant is cautioned that electrical, water and seweri or other. installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such instal- lations and shall coordinate construction with all other, lawful users of said right-of-way. Applicant shall be elresulting from its interference with or interruption of services provided liable for all damages proximaty by other lawful right-of-way users . the limited ose of installation , be a license only 11 . This pernut shall be of the improvemered ents specified on the face ihereof and doers not convey any otherright, nt or maintenanceP interest of the District in the subject right-of-way property. tions within the 12 . An as-built/location erformed bytca. tion of all culverUstructi-ire a Florida Re istered Profess onal Surveyor and Mapper'on form provided by the way shall b p daysfollowing completion of installation . If as-built District, and submitted to the District within thirty (30) certification is not received within thirt da s :of installation , the District will either have certification t s expense or order removal of the installation. completed at owner/applicant St ns River Water Mmagement D strict Kirby. B. Green III, Director • David W. Fisk, Assistant Executive Director 4049 Reid Street ® RD, Box 1429 ® Palatka, FL 32178- 1429 � (386) 329-4500 March 4, 2010 On the Internet at. floridaSWater. com. Christopher R Mora [MAR Indian River County 1801 27th St 0 9 2010Vero Beach , FL32960 SUBJECT: Permit Number 40-061 - 104191 -2 Oslo Road ( CR 606 ) Phase II Roadway Widening Dear Sir/Madam : Enclosed is your general permit as authorized by the staff of the. St. Johns River Water Management District on March 4, 2010 . This permit is a legal. document and should be kept with your other important documents . The attached MSSW/Stormwater As-Built Certification Form should be filled in and returned to the Palatka office, within thirty days after the work is completed . By so doing , you will enable us to schedule a prompt inspection of the permitted activity. In addition to the MSSW/Stormwater As-Built Certification Forint , your permit also contains conditions which require submittal of additional information . All information submitted as compliance to permit conditions must be submitted to the Palatka office address . Permit issuance does not relieve you from the responsibility of obtaining permits from any federal , state and/or local agencies asserting concurrent jurisdiction for this work. Please be advised that the District has not published a notice in the newspaper advising the public that it is .issuing a permit for this proposed project. . Publication , using the District form , notifies members of the public (third parties ) of their rights to challenge the issuance of the general permit, if proper notice is given by publication , third parties have a 21 -day time limit on the time they have to file a. petition opposing .the issuance of the permit. If you do not publish, a party's right to challenge the issuance of the general permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation . A copy of the form of the notice and a list of newspapers of general circulation is attached for your use . in the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale and if you provide the information required by 40c- 1 , 612 , F .A. C. Please assist us in this matter so as to maintain a valid permit for the new property owner. GOy91131141iNG BOARD Susan N. Hughes, cKomm W. Leonard Wood, VICE CHAIRMAN Hersey 'Herky' Huffman; sEmErwr Hans G. Taller III, hA wi a PW E VEDRA F-EROM INA BEACH ENTMPRISE app�yl� Douglas C. Boumique Michael Ertel Maryam H. Ghyabi Richard G. Hamann Arlari b . hmr Thank you for your cooperation , and if this office can be of any further assistance to you, please do not hesitate to contact us . Sincerely, Ja White Regulatory Information Management Specialist II Division of Regulatory Information Management Enclosures : Permit with As -built Certification Form Notice of Rights List of Newspapers for Publication cc : District Permit File Consultant: Kimley-Horn & Associates Inc. C/O Brian Good , P . E . 1201 19th Place, Ste 13-100 Vero Beach , FL 32960 ST. JOHNS RIVER WATER MANAGEMENT 'DISTRICT Post Office Box 1429 Palatka , Florida 3217&1429 PERMIT NO , 40-061 - 104191 -2 DATE ISSUED : March 4 , 2010 PROJECT NAME : Oslo Road ( CR 606 ) Phase II Roadway Widening A PERMIT AUTHORIZING : Construction of a Surface Water Management. System with stormwater treatment by Wet Detention for Oslo Road (CR 606) Phase II Roadway Widening , a 20 . 37 - acre project to be constructed as per plans received by the District on February 12 , 2010. LOCATION , Section (s) : 2.2127 Township (s ) : 33S Range( s) : 39E Indian River County Indian River County 1801 27th St Vero Beach , FL 32960 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages , claims, or liabilities which may arise from permit issuance . Said application , including all plans and specifications attached thereto , is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein , nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. - All structures and works- installed by permittee hereunder shall remain the property of the. permittee. This permit may be revoked , modified or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes : PERMIT IS CONDITIONED UPON , See conditions on attached " Exhibit A" , dated March 4, 2010 AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management 4� ��J� By (Service Center Director - Palm Bay) John Juilianna " EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-06110419 '1 -2 INDIAN RIVER COUNTY DATED MARCH 4, 2010 1 . All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2 . This permit or a copy thereof, complete with all conditions., attachments , exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete - permit prior to commencement of the activity authorized by this permit. 3 . Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards . 4. Prior to and during construction , the permittee shall. implement and maintain all erosion and sediment control measures ( best management practices) required to retain sediment on-site and to prevent violations of state water quality standards . All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988), which are incorporated by reference , unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control. plan , the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual : A Guide to - Sound Land and Water Management ( Florida Department of Environmental Regulation 1988 ) . The permittee shall correct any erosion or shoaling that causes adverse - impacts to the water resources . 5 . oStabili.zation measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently -ceased . 6 . At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40C-4. 900(3) indicating the actual start date and the expected completion date . 7. When the duration of construction will exceed one year, the permittee shall .submit construction status reports to the. District on an annual basis utilizing an Annual Status Report Form No . 40C-4. 900(4). These forms shall be submitted during June of each year. 8 . For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain .the system , such easement or deed restriction , together with any other final operation or maintenance documents as are required by subsections 7. 1 . 1 through 7 . 1 . 4 of the Applicant's Handbook: Management and Storage of Surface Waters , must be submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved . Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary .of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system , or upon completion of construction of the system , whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities , final operation and .maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee . remaining liable for carrying out maintenance and operation of the permitted system . 9 . Each phase or independent portion of the . permitted 'system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system . Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10 . Within 30 days after completion of construction of the permitted system , or independent portion of the system , the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C- 1 . 181 ( 13 ) or 40CA . 181 ( 14) supplied with this permit. When the completed system differs substantially from the permitted plans , any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District. Submittal of the completed form shall serve to notify the District that the system is ready for inspection . The statement of completion and certification shall be based on on-site observation of construction ( conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision ) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications . As-built drawings shall be the permitted drawings revised to reflect any changes made during construction . Both the original and any revised specifications must be clearly shown . The plans must be clearly labeled as "as-built" or "record " drawing . All surveye4 dimensions and elevations. .shall be certified by ' a registered surveyor. The following information , at a minimum , shall be verified on the as�built drawings: 1 . Dimensions and elevations of all discharge structures including all weirs , slots , gates, Pumps , pipes , and oil and grease skimmers ; 2 . Locations , dimensions, and elevations of all filter, exfiltration , or underdrain systems including cleanouts , pipes , connections to control structures , and points of discharge to the receiving waters ; 3 . Dimensions , elevations , contours , or cross-sections of all treatment storage areas sufficient to determine state-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems , when appropriate ; 4. Dimensions , elevations , contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system ; 5 . Dimensions, elevations, contours , final grades , or cross-sections of all conveyance systems utilized to convey off-site runoff around the system ; 6 . Existing water elevation (s ) and the date determined ; and Elevation and location of benchmark(s ) for the survey. 11 . The operation phase of this permit shall not become effective until the permittee has submitted the appropriate As-Built Certification Form, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District in accordance with subsections 7. 1 . 1 through 7. 1 . 4 of the Applicant's Handbook: Management and Storage of Surface Waters , accepts responsibility for operation and maintenance of the system . The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective . Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee . Until the permit is transferred pursuant to section 7 . 1 of the Applicant's Handbook: Management and Storage of Surface Waters , the permittee shall be liable for compliance with the terms of the permit. 12 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be imadewhether a permit modification is required . 13 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey any rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40 "01 F.A. C . 14. The permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the activities authorized by the permit or any- use of the permitted system . 15 . Any delineation 'of the extent of a wetland or other surface water submitted as part of the permit application , including plans or other supporting documentation , shall not be considered specifically approved unless a specific condition of this permit or a formal determination under rule 40C- 1 . 1006 , F .A. C. , provides otherwise : 16 . The permittee shall notify the District in writing within 30 days of any sale, conveyance , or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located . All transfers of ownership or transfers of a permit are subject to the requirements of rule 40C- 1 .612 , F.A. C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations. prior to such sale, conveyance or other transfer. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18 . If historical or archaeological artifacts are discovered at any time on the project site , the permittee shall immediately notify the District. 19 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate . 20 . This permit for construction will- expire five years from the date of issuance. 21 . At a . minimum , all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities . To prevent reduction in storage volume and percolation rates , all accumulated sediment must be removed from the storage area prior to final grading and stabilization . 22. All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion , siltation , scouring or excess turbidity, and dewatering . 23 . Prior to construction , the permittee must clearly designate the limits of construction on- site . The permittee: must advise the contractor that any work outside the limits of construction , including clearing , may be a violation of this permit. 24. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted . The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection , the name , address , and telephone number of the inspector, and whether the - system was functioning as designed and permitted , and make such record available for inspection upon request by the District during normal- business hours. if at any time the system isnot functioning as designed and permitted , then within 14 days the entity shall submit an Exceptions Report. to the District, on form number. 40C-42 .:900 (6 ), Exceptions Report for Stormwater Management Systems Out of Compliance . 25 . The project must be constructed and operated in accordance with the. plans and information received by the District on February 12 , 2010 . Notice Of Rights 1 . A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with. the St. Johns River Water Management District ( District) . Pursuant to Chapter 28-106 and Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must . be filed (received ) either by delivery at the office of the District Clerk at District Headquarters , P. O. Box 1429 , Palatka Florida 32178-1429 (4049 Reid St. , Palatka , FL 32177) or by e-mail with the District Clerk at Clerk(cb.sirwmd . com , within twenty-six (26) days of the District depositing the notice of intended District decision in the mail (for those persons to whom the District mails actual notice) , within twenty-one (21 ) days of the District emailing the notice of intended : District decision (for those persons to wham the District emails actual notice ), or within twenty- one (21 ) days of newspaper publication of the notice of intended District decision (for those persons to whom the District does not mail or email actual notice) . A petition must comply with Sections 120 .54(5)(b )4. and 120 .569(2)(c), Florida Statutes , and Chapter 28- 106 , Florida Administrative Code . The District will not accept a petition sent by , facsimile (fax) , as explained in paragraph no . 5 below. Mediation pursuant to Section 120 . 573 , Florida Statutes , is not available . 2 . If the District takes action that substantially differs from. the notice of intended District decision , a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation . Pursuant to Chapter 28- 106 and Rule 40C- 1 . 1007, Florida Administrative Code , the petition must be filed (received ) at the office of the District Clerk at the mail/street address or email address described in paragraph no . 1 above , within twenty-six (26 ) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) , within twenty-one (21 ) days of the District em.ailing the notice of final District decision (for those persons to whom the District emails actual notice ) , or within twenty-one (21 ) days of newspaper publication of the * notice of final District ,decision (for those persons to whom the District does not mail or email actual notice) . A petition must comply with Sections 120. 54(5)( b )4. and 120 . 569(2)(c) , Florida Statutes , and Chapter 28- 106 , Florida Administrative Code . Mediation pursuant to Section 120. 573 , Florida Statutes , is not available . . 3 . A person whose substantial interests .are or may be affected has the right to a formal administrative hearing pursuant to Sections 120 . 569 and 120. 57( 1 ), Florida Statutes , where there is a dispute between the District and the party regarding an issue of material fact. A. petition for formal hearing must also. comply with the requirements set forth in Rule 28- 106 . 201 , Florida Administrative Code. 4 . A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120 .569 and 120 . 57(2), Florida Statutes , where no material facts are in dispute . A petition for an informal hearing must also complywith the requirements set forth in Rule 28-106 . 301 , Florida Administrative Code . Notice Of Rights 5 . A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the. District Headquarters in Palatka , Florida during the District's regular business hours . The District's regular business hours are 8 : 00 a . m . — 5 : 00 p . m . , excluding weekends and District holidays . Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 : 00 a . m . on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the Districf's Statement of Agency Organization and Operation (issued pursuant to Rule - 28- 1 01 , 001 , Florida Administrative Code), which is available for viewing at floridaswater. com . These conditions include, but are not limited to , the petition being in the form of .9 PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation , attempting to file a petition by facsimile is prohibited and shall not constitute filing . 6 . Failure to file a petition -for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing . ( Rule 28=106 . 111 , Florida Administrative Code ), 7. The right to. an administrative hearing and the relevant procedures to be followed are governed by Chapter 120 , Florida Statutes , Chapter 28- 106, Florida Administrative Code , and Rule 400. 1 . 1007, Florida Administrative Code . Because the administrative hearing process is designed . to formulate final:agency action , the filing of a petition means the Districfs final action may be different from the position taken by it in this notice . A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding , in accordance with the requirements set forth above . 8. Pursuant to Section 120. 68 , Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9 . 110 and 9 . 190 , Florida Rules of Appellate Procedure , within 30 days of the rendering of the final District action . 9 . A District , action is considered rendered , as refen'ed to in paragraph no . 8 above , after it is signed on . behalf of the District, and . is filed by the District - Clerk. 10 . Failure to observe the relevant. time frames for filing a petition for judicial review as described in paragraph no . 8. above will result in waiver of that right to review. NOR. DOC. 001 Revised 7127/09 Notice Of Rights Certificate of Service HEREBY CERTIFY. that a copy of the foregoing Notice of Rights has been sent by U .S . Mail to : Christopher R Mora Indian, River County 1801 27th St Vero Beach , FL 32960 At 4: 00 p . m . this 4th day of March , 2010 . Division of Regulatory Information Management Robert Presley, Director St. Johns River Water Management District ; Post Office Box 1429 Palatka , FL 32178- 1429 (386 ) 329-4570 Permit Number: 40-061 - 104191 -2 FORM EN-45 40C-01 F.A C. 40C-42, F A G MSSW/STORMWATER AS. BUII ,T CERTIFICATION BY A REGISTERED PROFESSIONAL * PERMIT NUMBER PROJECT NAME: INSPECTION DATE(S) : I HEREBY CERTIFY THAT ALL COMPONENTS OF SUBSTANTIALLY THIS STORMWATER MANAGEMENT SYSTEM HAVE BEEN BUILT SUBSTANTIAL DEVIATIONS ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND IS READY FOR INSPECTION. ANY IATIONS (NQTED BELOW) FROM THE APPROVED PLANS AND SPECIFICATIONS WILL. NOT PREVENT THE SYSTEM FROM FUNCTIONING IN COMPLIANCE WITH THE REQUIREMENTS OF CHAPTERS 40C.4 , 40C-411 OR 40C-421 F.A.C, (AS APPLICABLE), WHEN PROPERLY MAINTAINED AND OPERATED. THESE DETERMINATIONS HAVE BEEN BASED UPON ON-SITE OBSERVATION OF THE SYSTEM CONDUCTED BY ME OR BY MY DESIGNEE. UNDER MY DIRECT SUPERVISION AND/OR MY REVIEW OF AS-BUILT PLANS CERTIFIED BY A REGISTERED PROFESSIONAL OR LAND SURVEYOR LICENSED IN THE STATE OF FLORIDA NAME (please print) SIGNATURE OF PROFESSIONAL COMPANY NAME FLORIDA REGISTRATION NUMBER COMPANY ADDRESS DATE . CITY, STATE, ZIP CODE TELEPHONE NUMBER (Affix Seal) SUBSTANTIAL DEVIATIONS FROM THE APPROVED PL ANS' AND SPECIFICATIONS : (NOTE: ATTACH TWO COPIES OF AS-BUILT PLANS WHEN THERE ARE SUBSTANTIAL DEVIATIONS) WITHIN 30 DAYS OF INSPECTION OF TEE SYSTEM, SUBMIT TWO COPIES OF THIS FORM TO: DIVISION OF PERMIT DATA SERVICES ST, JOHNS RIVER WATER MANAGEMENT DISTRICT P.O. BOX 1429 PALATKA, FL 32178-1439. * A REGISTERED PROFESSIONAL IS D.EF94M IN SUBSECTSON 40C-42021 (1) AS A PROFESSIONAL REGISTERED IN FLORIDA WITH THE NECESSARY EXPERTISE IN THE FIELDS OR HYDROLOGY, I?RAINAGE, FLOOD CONTROL, EROSION AND SEDMINNT CONTROL, AND STORMWATER POLLUTION CONTROL TO DESIGN AND CERTIFY STORMWATER MANAGEIv1ENT SYSTEMS". EXAMPLES OF REGISTERED PROFESSIONALS MAY INCLUDE PROFESSIONAL ENGINEERS LICENSED UNDER CHAPTER 471, .5 NAL LANDSCAPE REGISTERED SKILLS. PROFESSIO LICENSED UNDER CHAPTER 481, F.S., AND PROFESSIONAL GEOLOGISTS LICENSED UNDER CH OF F.S, WHO HAVE THE REFERENCED FORM 40G I. 18I ( 13) ' 1�CTIVE.32 ] /93 .FORM EN-46 40C-4, F.A.0 40C-4L F,kC: 40C407 F.A.C. MSSW STORMWATER REGISTERED PROFESSIONAL ' S * INSPECTION REPORT PERMIT NUMBER: PROJECT NAME: INSPECTION DATE(S): INSPECTION RESULTS : (CHECK ONE) I HEREBY VERIFY THAT I OR MY DESIGNEE UNDER. MY DIRECT SUPERVISION HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT THE SYSTEM APPE.AR..S TO BE FUNCTIONING IN ACCORDANCE WITH THE REQUIREMENTS OF THE PERMIT AND CHAPTERS 40C4 , 40C-4I2 OR 40C-42, • F.A:C., (AS APPLICABLE), THE FOLLOWING NECESSARY MATNTBNANCE WAS CONDUCTED: I HEREBY CERTIFY THAT I OR MY DESIGNEE UNDER MY DIRECT SUPERVISION HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT THE SYS'TE'M. DOES NOT APPEAR TO BE FUNCTIONING IN ACCORDANCE WITH THE REQUIREMENTS- OF THE PERMIT` AND CHAPTERS 40C-4. 40G41 , OR 40C-425 EA.C_, (AS APPLICABLE). I HAVE INFORMED TEE OPERATION AND MAINTENANCE ENTITY OF THE FOLLOWING: (A) THAT THE SYSTEM DOES NOT APPEAR -TO BE FUNCTIONING PROPERLY, (B) THAT MAINTENANCE IS REQUIRED TO BRING THE SYSTEM INTO COMPLIANCE, AND (C) IF MAINTENANCE MEASURES ARE NOT ADEQUATE. TO BRING THE SYSTEM INTO COMPLIANCE, THE SYSTEM MAY HAVE TO BE REPLACED OR AN ALTERNATIVE DESIGN CONSTRUCTED SUBSEQUENT TO DISTRICTSAPPROVAL. NAME (please print) SIGNATURE OF PROFESSIONAL COMPANY NAME FLORIDA REGISTRATION NUMBER COMPANY ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NUMBER (Affix Seal) WITHIN 30 DAYS OF COMPLETION OF THE SYSTEM; SUBMIT TWO COPIES OF THIS FORM TO: DEPARTMENT OF RESOURCE MANAGEMENT DIVISION OF PERMIT DATA SERVICES ST. JOHNS RIM WATER MANAGEMENT DISTRICT P.O. BOR 1429 PALATKA, FL 32178=1429 * A REGISTERED PROFESSIONAL IS DEFINED IN SUBSECTION 40G42.02. 1 (1) .AS "A PROFESSIONAL REGISTERED IN FLORIDA WITH THE NECESSARY EXPERTISE IN THE FIELDS OR HYDROLOGY, DRAINAGE, FLOOD CONTROL, EROSION AND SEDIMENT CONTROL, AND STORMWATER POLLUTION CONTROL TO DESIGN AND CERTIFY STORMWATER MANAGEME C SYSTEMS", EXAMPLES OF REGISTERED PROFESSIONALS MAY INCLUDE PROFESSIONAL ENGINEERS LICENSED UNDER CHAPTER 471, F.S., PROFESSIONAL LANDSCAPE ARCHITECTS LICENSED UNDER CHAPTER 481 , F.S ., AND PROFESSIONAL GEOLOGISTS LICENSED UNDER CHAPTER 492, F.S., WHO HAVE THE REFERENCED SKILLS. FORM 40C-1 . 181(1 5) EFFL'CIIVE 321N3 FORM EN - 57 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Construction Commencement Notice St. Johns River Water Management District Palm Bay Service Center 525 Community College Parkway, SE Palm Bay, FL 32909 PROJECT: PHASE - I hereby notify the St. Johns River Water Management District that the construction of the surface-water management system authorized by Environmental Resource Pen-nit Number has commenced/is expected to commence on 199., and will require a duration of approximately months weeks days to complete. It is understood that should the construction .term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction for no . 40Q -4 .900 (4) . PLEASE NOTE : If the actual construction commencement date is not know ; District staff should be so notified in writing in order to satisfy permit conditions. Permittee' s or Authorized Title and Company Date Agent' s Telephone Address HAPDSWORMs1EN-57.DO0 Form 40C-4.900(3) FORM EN - 56 St. Johns River Water Management District . Annual Status Report for Surface Water Management System Construction ( Required whenever construction - duration exceeds one ( 1 ) year). St . Johns River Water Management District Post Office Box 1429 Palatka , FL 32178- 1429 Permit Number: Project .Name ; Phase : Control Structures ) Percent of Date of .Anti;cipated Date of Completion Comofetion Gom letion Benchmark Description ( one per major control structure) Surface Water Date of Management Percent of Anticipated Date of Works Completion Comnfetion Completion Lake(s ) Ditch (es) / Swale (s) Exfiltration Trench Dry Area (s ) Berm (s) Print Name Phone Permittee 's or Authorized Title and Company Date .Agent' s Signature Address HAPDSTORMSSN-56MOC form 400-4 .900(4) DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 400 HIGH POINT DRIVE, SUITE 600 COCOA, FLORIDA 32926 REPLY TO ATTENTION OF North Permits Branch May 12 , 2010 Cocoa Section SAJ - 2007 - 05144 ( NW - TSD ) 2010 Indian River CountyY`ti C / o Mr . Chris Mora 1801 27th Street Vero Beach , Florida 32960 Dear Mr , Mora : Your request for a Department of the Army permit received on April 22 , 2010 , has been assigned number SAJ - 2007 - 05144 ( NW - TSD ) . A review of the information and drawings provided on April 22 , 2010 , shows the proposed work is to discharge clean fill into 0 . 12 acres of surface waters for the widening of Oslo Road between 43rd Avenue east to 27th Avenue , Oslo Road will be widened from 2 lanes to 5 lanes and this . project will authorize culvert extensions into surface waters at four different locations . In addition , to the various size culvert extensions , at one location rip rap will be installed in the Indian River Farms Sub - Lateral J - 2 Canal to provide stabilization of the headwall . The project is located on Oslo Road ( 9th Street SW , aka CR 606 ) between 43rd Avenue and 27th Avenue , in Sections 22 , 27 , Township 33 South , Range 39 South , in Vero Beach , Indian River County , Florida . Your project , as depicted on the enclosed drawings , is authorized by Nationwide Permit ( NWP ) Number 13 and 14 . In addition , project specific conditions have been enclosed . This verification is valid until March 18 , 2012 . This verification is valid until the NWP is modified , reissued , or revoked prior to March 18 , 2012 . It is incumbent upon you to remain informed of changes to the NWPs . We will issue a public notice when the NWPs are issued . Furthermore , if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked , you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit . Please access the U . S . Army Corps of Engineers ' ( Corps ) Jacksonville District ' s Regulatory webpage to access web links to view the Final Nationwide Permits , Federal Register Vol . 72 , dated March 12 , 2007 , the Corrections to the Final Nationwide Permits , Federal Register 72 , May 8 , 2007 , and the List of Regional Conditions . The website address is as follows : http : / / www . saj . usace . army . mil / Divisions / Regulatory / sourcebook . htm . Please be aware this web address is case sensitive and should be entered as it appears above . Once there you will need to click on " Nationwide Permits . " These files contain the description of the Nationwide Permit authorization , the Nationwide Permit general conditions , and the regional conditions , which apply specifically to this verification for NWP 13 and 14 . Enclosed is a list of the six General Conditions , which apply to all Department of the Army authorizations . You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action . In the event you have not completed construction of your project within the specified time limit , a separate application or re - verification may be required . The following special conditions are included with this verification : 1 . Reporting Address : All reports , documentation and correspondence required by the conditions of this permit shall be submitted to the following address : U . S . Army Corps of Engineers , Regulatory Division , Enforcement Section , Attn : Teresa Frame , P . O . Box 4970 , Jacksonville , FL 32232 . The Permittee shall reference this permit number , SAJ - 2007 - 05144 ( NW - TSD ) , on all submittals . 2 . Commencement Notification : Within 10 days from the date of initiating the authorized work , the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit . 3 . Completion Notification : Within 60 days of completion of the work authorized , the attached " Self - Certification Statement of Compliance " must be completed and submitted to the U . S . Army Corps of Engineers . Mail the completed form to the U . S . Army Corps of Engineers , Regulatory Division , Enforcement Section , P . O . Box 4970 , Jacksonville , FL 32232 . 4 . No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register . Prior to the start of work , the Permittee or other party on the Permittee ' s behalf , shall conduct a search in the National Register Information System ( NRIS ) . Information can be found at ; http : / / www , cr . nps . gov / nr / research / nris . htm . Information on properties eligible for inclusion in the National Register can be identified by contacting the Florida Master File Office by email at fmsfile@dos . state . fl . us or by telephone at 850 - 245 - 6440 . If unexpected cultural resources are encountered at any time within the project area that was not the subject of a previous cultural resource assessment survey , work should cease in the immediate vicinity of such discoveries . The permittee , or other party , should notify the SHPO immediately , as well as the appropriate Army Corps of Engineers office . After such notifications , project activities should not resume without verbal and / or written authorization from the SHPO . If unmarked human remains are encountered , all work shall stop immediately , and the proper authorities notified in accordance with Section 872 . 05 , Florida Statutes , unless on Federal lands . After such notifications , project activities on non - Federal lands shall not resume without verbal and / or written authorization from the Florida State Archaeologist for finds under his or her jurisdiction . 5 . Turbidity / Erosion Control : Best management practices for turbidity / erosion control shall be used when performing any activity authorized in this permit . The permittee agrees that all wetland areas and surface waters outside of the specific limits of construction authorized in this permit must be protected from erosion , siltation , scouring or excess turbidity and dewatering . 6 . Regulatory Agency Changes : Should any other regulatory agency require changes to the work authorized or obligated by this permit , the Permittee is advised that a modification to this permit instrument is required prior to initiation of those changes . It is the Permittee ' s responsibility to request a modification of this permit from the Cocoa Regulatory Office . 7 . Eastern Indigo Snake : The permittee agrees to adhere to the Standard Protection Measures for the Eastern Indigo Snake ( Attachment 2 ) . This letter of authorization does not obviate the necessity to obtain any other Federal , State , or local permits , which may be required . In Florida , projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection , a water management district under § . 373 . 069 , F . S . , or a local government with delegated authority under § . 373 . 441 , F . S . , and receive Water Quality Certification ( WQC ) and Coastal Zone Consistency Concurrence ( CZCC ) ( or a waiver ) , as well as any authorizations required by the State for the use of sovereignty submerged lands . You should check State - permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district . This letter does not give absolute Federal authority to perform the work as specified on your application . The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program . You should contact your local office that issues building permits to determine if your site is located in a flood - prone area , and if you must comply with the local building requirements mandated by the National Flood Insurance Program . If you are unable to access the internet or require a hardcopy of any of the conditions , limitations , or expiration date for the above referenced NWP , please contact Tamy Dabu by telephone at 321 - 504 - 3771 extension 11 . Thank you for your cooperation with our permit program . The Corps Jacksonville District Regulatory Division is committed to improving service to our customers . We strive to perform our duty in a friendly and timely manner while working to preserve our environment . We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey : http : / / per2 . nwp . usace . army . mil / survey . html Your input is appreciated - favorable or otherwise . Sincerely , Tamy Dabu Project Manager Enclosures Copy Furnished : CESAJ - RD - PE GENERAL CONDITIONS 33 CFR PART 320 - 330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1 . The time limit for completing the work authorized ends on date identified in the letter . If you find that you need more time to complete the authorized activity , submit your request for a time extension to this office for consideration at least one month before the above date is reached . 2 . You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit . You are not relieved of this requirement if you abandon the permitted activity , although you may make a good faith transfer to a third party in compliance with General Condition 4 below . Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer , you must obtain a modification of this permit from this office , which may require restoration of the area . 3 . If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit , you must immediately notify this office of what you have found . We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places . 4 . If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization . 5 . If a conditioned water quality certification has been issued for your project , you must comply with the conditions specified in the certification as special conditions to this permit . For your convenience , a copy of the certification is attached if it contains such conditions . 6 . You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit . SELF - CERTIFICATION STATEMENT OF COMPLIANCE Permit Number : NW- 13 & 14 Application Number : SAJ- 2007 - 05144 Permittee ' s Name & Address ( please print or type ) : Telephone Number : Location of the Work : Date Work Started : Date Work Completed : Description of the Work ( e . g . , bank stabilization , residential or commercial filling , docks , dredging , etc . ) : Acreage or Square Feet of Impacts to Waters of the United States : Describe Mitigation completed ( if applicable ) : Describe any Deviations from Permit ( attach drawing ( s ) depicting the deviations ) : * * * * * * * * * * * * * * * * * * * * I certify that all work , and mitigation ( if applicable ) was done in accordance with the limitations and conditions as described in the permit . Any deviations as described above are depicted on the attached drawing ( s ) . Signature of Permittee Date Mail this completed form to the U . S . Army Corps of Engineers , Regulatory Division , Special Projects & Enforcement Section , Post Office Box 4970 , Jacksonville , Florida 32232 - 0019 . DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER : SAJ- 2007 - 05144 ( NW- TSD ) When the structures or work authorized by this permit are still in existence at the time the property is transferred , the terms and conditions of this permit will continue to be binding on the new owner ( s ) of the property . Although the construction period for works authorized by Department of the Army permits is finite , the permit itself , with its limitations , does not expire . To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions , have the transferee sign and date below and mail to the U . S . Army Corps of Engineers , Enforcement Branch , Post Office Box 4970 , Jacksonville , FL 32232 - 0019 . ( TRANSFEREE - SIGNATURE ) ( SUBDIVISION ) ( DATE ) ( LOT ) ( BLOCK ) ( STREET ADDRESS ) ( NAME - PRINTED ) ( MAILING ADDRESS ) ( CITY , STATE , ZIP CODE ) ( Telephone number ) ( Fax number ) .—_.__.,.._' ��--G�._.—„v,., rlrl',, .•t_—�- "fir. — �- ' { ='; � ' --� ;' I ' . � 1� CI ,••. ' V ' I rj UJ €i GI ? � Lr 'L' l. L _� 4:�.�/' fJ ' It ft It IA It ki ""'�_—j I V� z D- I i I ,. a v = G O -I 41 ( y _ Itco I lz1- O 1 1 .1 th Ct W` Cott M U a o i G' U1; c 8A CL i o lB r . U O tJ r = = _ r U w 18th '}� + e r� � T- ,, = �, O f + , itOt SAS T �1l1Lf o o o -:_J 1 it If it .:•, mob' ItOZ �VtS OAV eAy PUE- a �' puZ� III 4y _ It CO. uj o �- MS ZI a � 8Z.- f s � i ___ 4 �i � � 1 �«+ ff_ CSA' f 4J - �T .._. ._ > °[ ,; 7... 1 1 ray . .-. . s ` '. r ' g� _ � . C+7 0 Cl ,1 tiftttte It Ij I '' � tt r C `J U16E _ , N �" •f-1 . - _..: i . . � CLS r1 1 Zj C77In 8 A . :. - If cra It : _� (� . C� UJ . . . a tY - 1 U CTJ O f/ P...'um,G :AG w06i, :Z LOOZ ' R 6^N 1 —Old 6«0'u0q 000 _ vm6:j\vw«1s\sa:wny\yp,\Z�OSfOL�\ 'H IINd L42V -RIVER COUNTY BOA-RD OF COUNTY CONTRACT PLANS : r ' r ( U IU INDEX OF ROADWAY PLANS OSLO ROAD (CR (DOG ) PHASE 11 JACKSONVILLF. DISTRICT SHEET NO. SHEET DESCRIPTION ROADWAY WIDENING USACI I KEY SHEET 43RD AVENUE TO 27TH AVENUE 2 GENERAL NOTES �-a — sewMaR>`eF Par rTfMs- INDIAN RIVER COUNTY PROJECT No . XXXX - --------------PAY-I�EM-FOOTNBTf3- 6 -6 -- —PAr�TNBTf3- 6 -B TYPICAL SECTIONS PLANS PREPARED DY: E] = n bml�-Hom 9 SUMMARY OF QUANTITIES 1 ; nm St . 8(1dA660g910S1 Inc. IO -!J SUMMARY OF DRAINAGE STRUCTURES - - Y » 6012ISr STREET, SUITE 300 VERO BEACH, FL J2950 I4 —/7 HORIZONTAL & VERTICAL CONTROL !7721562- 7981 Pena iree� )( v 1u I1 CERTIFICATE OF AUTHORIZATION: 00900169E IB—J2 PLAN & PROFILE sw : P�rM. - 15` sw eu St . JJ OSLO ROAD / 278) AVENUE INTERSECTION PLATEAU SHEET Nevins to - - - - Steven. 1s 14 a END CONST. OSLO RD PHASE ll STA . J4 27TH AVENUE OVERBUILD DETAIL +e st SIM Park + I. 4 ROADWAY PLANS RIVER .� :: — Ana c ENGINEER OF RECORD: BRIAN A . GOOD, P.E. J5 - 37 SPECIAL DETAILS E .a _ _ TJJS 19 stn st . sw e1 Sou/h G a\ r P.E. NO_ 56979 J5 - 45 STORMWATER FACILITIES -U zu 33 R 2 - - a 613 . . .. PVA Ono ` 46 CROSS SECTION SOIL SURVEY flwd v. 606 e . Project Nunew KErs9001 DcN 47 -/04 ROADWAY CROSS SECTIONS 30 lith s1 . 1. H ouoaso + z OSLO ROAD PHASE I i 105 -117 EROSION CONTROL PLANS ( 998 28 ':y iei,e _ -£s veea ee+ch Data; ____ 2010-hih ;;s5 INLIF! WROVEktENT-fbkV5-- IT St . SW pi010 :"Jii Nighhnda p 607 126 -135 SIGNING & MARK/NG PLANS ' . 31 rr^'°^ " ' n+r1 „ rs- NOTE: THE i SCALEof THESE PLANS MAY OL snA Sf . Sw "- - - - - - HAVE CHANGED WE TO REPROWYTI0.V. l2 ] 3 T-1 - T-7OSLO ROAD / 27th AVENUE m I Re.1:$iiizii: SIGNALIZATION PLANS \ I + BEGIN CONST. OSLO RD PHASE 11 Y J STA. /71+ 6. I ROAGVAY SHOP DRAWINGS TG BE SUBMITTED TO: BRIAN A. GOOD, P.E. P R E P A R E D F O R 601211' -HORN AND ASSOCIATES , INC . .7O / PLAN 0772, 562-7980 T STREET, ITE 301 VERO VERO BEACH, fC 7292960 < P1r ER no SUBMITTAL a GOVERNING STANDARDS AND SPECIFICATIONS. z- FEBRUARY 20 /0 FLORIDA DEPARTMENT OF TRANSPORTArIONe LDat ° DESIGN STANDARDS - DATED 2010, AND65TANDARDS SPECIFICATIONS FOR ROAD De a r tme n t o f Public Works AND BRIOGE CONST RUCTp ION" DATED 2010, AS AMENDED BY CONTRACT O(XUMENTS. CHRISTOPHER MORAI P.E. , DIRECTOR MICHAEL N/XONt P.E. t PROJECT MANAGER /4b^+anvrl E/Ir/AN 1,51,21 Pv e+'r,aJwwoyMOJ50lZViVel0.yleflSn(XYOP'I U . S . Army Corps of Enbrr3eers Permit #F SAJ - 2007 - 05144 (NW -TSD ) Date : 05 / 10/2010 Drawing 2 of 7 Attachment 1 CO5 t„) 1 - O . a Z. a CONST. /2 DRIVE Of CONST. RECOVERY PIPE S-/OSA CONST STRAIGHT CONST. J4 IF F O S-I00 CLEANOUT, INV = 1525 OF 24 ' 6CCMP ASPHALT TIE TO EX/ST. STA- f77+24,y, LT STA. 177+00.21, 80.50' LT EL. 22.00± CONST. J-5 INLET CONST. STRAIGHT +35.67 73.00' LT, RELOCATE EXIST CONST. URBAN EL. 22.16± CONST. IO IF INDEX N0. 200 & Z/J SAND{ENEMY ENOWALL OF I6 ' RCP 6 ' PVC +30.12 IRR/GATfONGATE S-106 FLARED TURNOUT EP ELEV = ZIJ9 PROP. R/W EL. 21.38 ' i ' ` . - E. I = 11.7 INDEX No. 256 UR T& 7GUTTER F E NV 0 .: < . . CONST !21 CF 1 +80.12 W. INV = I1.70 TOP OF WALL +75b7, J .00' LT Z2.lfir " ' � BOTTOM E 970 �'� " OF % RCP. EL 21.66 ' '! .p i i f ,.I - .. . - FL /NV. = 14.80 CONST. 500 GN LOF �. L CN NST. 2-2' PvC SIGNAL • -- , _ * `-- �- r' i a . ;. I ' PROP. R/W� /� 2�E PVC 5/GMAC I —p TERCONNECT CONDUITS _ RCONNECT CONDUITS E F � t 7 fRSOCII • . _ . _F P. ,I _ , _CD T,aP, utBpA �' + 0 /0 3D 40 D ' c . . . p . . t, ada 9 O N !7Y U. C NST TYP 'F ' .- A "- - r CONST. 6 ' SWK. . . ... , ._.. _ EXIST. RM' G . . E � JS URB & G TE, CO ST. AWC T 8 SCH - � 5 / REMOVE EXIST• INLET r lW _— A7 AT s - & CONST. CDNC. COLLAR ' DIP Ty s TYP - — & _ — - - - �� \ E H 0 19' P .... +57I r _CONST. UTT R - Q I INV. 16.05t _ _ _ _ lY7 _ _ BONST. lOZ (F - s LCJJ - - -CUR _&FTY - - - • Ir r78 - QF_ 18' RCP _ _ _ _ _ _ _ _ l _ _ _ _ _ ng s� •- 1 - /80 l i : : CO FS R CURB L _ _ I $ 9 0 _ _ _ „. ^_ 'Y.„Ea - . . . - 2 ` DiP "' - AMP {Tl'P.1 .' _ ,� IBI , s w `. _ . _ 12f y @ OF CONST. " - v, POT STA. 479+46J 5P A�l- / [ ' ; IS 69' 49' I!' E S I09 > TO REMAIN —�^ « MILLING .¢F R85URFgCING LIMITS EXIST 'GUARDRAIL SECTION LINE/ IR.F.W.C.O. BIN LINE ,- - - ' L TO REMAIN CONST. 8 ' SWK 1p TO REMAIN TO REMAIN EXIST. I.R. F.W.C.D. BIN (-1 ,(. . s 4 ,-- +` `� � TO REMAIN y " . MURPHY RESERVATION - .. S /5 07 'a 'r5 108 1 STA. /77f97 jf2,00 'LT I I STA /78+J2.86, LT Cf ---- -" GY)NS�J f FLICT MH CONST J 6 /N \ 1p LREF -R WV DETAIL) ..I,,...: 1 . : ...:..IADEX •N0. BX) &r2lT _ -..t, t.f INDE HO Z� .4�:L0 . ... f I))) EP f(EV = 2l % la . .. �Al RIM LSV - 27.9/ E. INV 1/.75 I� N INV 14.80 `L.+ W. !NV = 11.75 - l / LEGEND , S. INV = 14.81 (EX1ST.) BOTTOM ELEV - 9.75 - '•� - BOTTOM ELEV = 9.50 1 I�'"�/ � EXIST GAD.GRD. ALONG @ OF CONS L-�—� PAVEMENT WIDENING 22 1 —, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I_ _ _ _ _ _ _ . . 22 20 5 -105 5105 S_� S-/ I j i 20 i IB" RCP I , j 8 ! 6 EX. 18 ' RCP EX. I6• RCP I I i I 14 48 RCP I ' i 16 r %• RCP i . .. , j 46 ' RCP 14 12 ! p 12 10 SCALE HDR: I '=40 ' - M " aVERT: 14= 4 ' Jo N N m 8 0 /77 00N REV 1 S I o N s 378 00 - 179 00 780 00 DA E ar n SCR/P I/Oh• OZ TE 6f OEsc 1PT1oN �p® K1 s, Inc. INDLlN RIVER COLTIVI I 1 00 8 W BOARD OF CiOUNTy` WI C1DM.►fLSSlOLVEIt,S SHEET YP " �" GLSLO RCLlD (C�4 6041 pgiASS iT PLAN & PROFILE ND. mvsrrrvi2 Jw ROADiPAY wm&NBVO nrzlxz-rav U . S . Army Corps of Engineers mmW .L vmvuc' TO mae vElvua /ov«.+.urn znvzao zseus vv .r•.re_roowawrwso.zr<aeveawvnntvnp. Permit # SAJ -2007 -05144 (NW -TSD ) Date : 05 / 10/ 2010 Drawing 3 of 7 m Attachment 1 5-125 5-127 5-129 CURVE DATA 5TA. 204+86.941 LT PI STA. = 210+267 CONST. J-6 INLET STA. 206+80.x, LT STA . 207+62.J0, 67.00 ' LT DELTA = 6' 13 ' l0' (Rr) CONST, 2- PVC SIGNAL TIE TO EXIST. CONST. P-5 INLET CONST. 4:/ MES J\ _ !, 08 ' 45' INDEX N0. 2G21 & Ell ) p 'NT .!CONNECT CONIXIITS EP ECFV = 21.47 EL t2lJO INDEX N0. 200 & 2/1 INDEX N0. 272 \I/ T = 271.64 EP ELEV = 22,16 FL INV = 18.00 14.25 CONST. 15 CF OF L = 542.76 W. INV = 18.50 • ;i.,�T E. INV = R.30 ASPHALT DRIVE BOTTOM ELEV = 16.50 I R = 5,000.00 0 10 ZO 30 40 1 _ I 14.25 _ _ _ _ _ _ _ PC STA. = 207 +97.03 ELEV 'r. 12:25- -. . . . . v, -' -- - -- - -- -- -- -- -- -- -- 14 '. - ur -- -_ _. -_ _- _- _. .- ._ .. .- .- y4 . __ PTTq.-2l.Lt].9.7.9._. FBBI _ •1 IST. R/W -lam _ TEMP. CONST. fSMT. q CONST. 68 LF OF /8' RCP tJa MURPHY RESERVATION 15 ' . . . . . . . . . _ . _ . . CONST, B : SWK. - _- . _- . - . _ _ .- - ' - - • _ - - -_ . - . - - - - - - . ... _.CONST. PULL BOX _ - - � - - - - . 4' PE GAS � _ CONST, TYPE 'F ' 36 ' RCP G ISM CURB & GUTTER • ' . . . . 5-/25 . . • * . . . . . . . . . . . . . . . . . . - - , liONST. 190 (F - - - • • . S.. 7 . . . . ST. 500 LF �t-{ L . . . .. .J CONST. 67 LF � .` OF l8' RCP ! � 2�-p' PVC SIGNAL -50' OF f8' RCP r ' � �`•• rpA ! :: '; / q TERCQNNECT COIV ITS ' \'-� '`•`; r� / > IE 'r E r . J RELOCATE Lr 204 205 206 PGL @ DF CONST. �Q r,Jr Lt_ _208 £Xfsr. R x ZO ' ' • •� S 89436 , 55 E TO BE OTHERS7YP D l 'CONST 98 Lf '.' i r 1 r I f7CP •� Ir ri . _- _ . . - t(�IP DM . . .- Os .5 a _ - _ Y2•. s - - - CONST. TYPE 'F: .L, , ; J'_ - _- : 7_BT LOY vipj FNI"I I : $ s a . . . J 5 IJO B J6 55' E + « ._ n + W CURB & GUTTER J . .1 ,� TI ,. 1. :. � .. i ; 35 . . _ o - ... .. ._ .. . .._... _ -_-. _. R J5' 45.ERCP . ._.. __ .. . O _._..... . ....... .. . 65' CONST. 190 LF- . S�.2i r ar. + 22.84 60.49' RT OF 18 R ... S-12B ' ... SECTION LJOVEI I.R :+ Co - TO REMAIN Lu TO REMAIN -- - - - - - - STA. 204+86.94r RT STA 206+80.00, RT COO+60 OR 6 70 /AyT CONST P-3 INLET -; :: > E= Is= CONST P 4 INLET INDEX N0. 200°& Ll � � . .. . ® I - INDEX N0. 200 & 2NJ INDEX NO. 200 & 2/0 r ' I i 5-126 - 'CONST. FLARED END & 'GUT--TER.'. . ; (f'p' F(EV- '21.7Y-. . I ^B ._EP ELEV w...22.RT RIM ELEV = 2721 ; r r; . . . o + . , + N. INV = 14.J5 W. !NV = 18.50 . r .._ .. N. !NV = p.00 - " STA. 20J+84.95, RT CONST, FARED NO E. lNV = 18.20 S INV - /7.01 (EXIST.) TO REMAIN CONST. P-J INLET CURB & GUTTER BOTTOM ECFV /6.50 W. INV = /5.35 BOTTOM ELEV = 15.00 INDEX N0. 0 & 2/0 +�BJ3F'J#f; L i � TIE TO EX. ROWY BOTTOM ELEV - /2.35 I EP ELEV = O.9/ '�'• CONST. PAVT. LAP JOINT - 1 , I E. INV .15. BOTTOM ELEV = 0.50 200 ' V.C. I i I r 26 7 F 6 � � a h a pyo 24 w N rynI y tyy 4 W • ' I P FILE GRADE LINEi _ PROFILE ILT! �� ( EXIS . GRD. ALONG OF C ST. r . . . . . .. i. . . . ._._ SPECIAL. GUTTER + I 22 5-125 PROFILE ILT ' & R 1 . L.. . . . . . ._ . i :24 _ _ - Y-I /. (+/ 0. J4i9 Jt - -' _ _� _5-127 i JGC7 ' V.C. .22 -I26A lZd T _ -5'!26 - - 0.64X - - - (L 1 - 20 ti ZJ /0' DIF FM m (+J 0.63% YR I i 5-128 ; -l� _ g p -QT Lu 20 l8 l 1 IB' CP ,iv r -. - -• - - - W RCP IN sl l6 _ _ 18 ' R P ' 0/P WM �1a 0" DIP WM \ \ \ ' ; i / .' 4 STEEL GAS J6' RC I16 + + W ' _ r - 1 14 16' RCP SCALE HDR: 1'-40 ' N 206 VERT: I = 4 , : 14 In l204 00 06 OC� 07 00 00 R e v r s / o N s ® ® C dApad� G INDIAN RIVER G10I11V7T 09 / 2 OAT �' 'CFIP rION DATE HY DESCRIPTION ' BOARD OF GIOUNTY C1O.►fM WIONERS sRE E r L. sr srm r,B F J®J9 m usr KN. Ft , srrrz xv QQO ROAD (L9Q 6A6J ) KSSS IT PLAN & PROFILE U0 n"`"' F ID 0 ROADWAY WIDENING U . S . Army Corps of Engineers Milw-7m ttnn[c+r[ o� wrronu.rnw. m-m.w /,Iqp A76M/E 7DT7fHA131VUb I' el Illlt # SA -1- 2007 - romiurl .r gizmo nea ru wro_.� ww+osso zmeo,ra wvnnwco. OS 144 NNW-TSD ) Date .- 05 /_ 100 Drawing 4 of- 7 Attachment I " ° " S-IJl 5 -IJ/A REFER TO POND 200 PLAN 5-132 5-/31 /318 MATCHLINE C-C r' STA . 210 +91.70. 47.25 ' CT STA. 21/+03.84, 53.72 ' L7 STA. 211+20.00/ LT 5TA. 2124-90.00r 55.00 ' LT � ' t„ TIE TO EXIST RLiVY. CONST. � ( } 1 _ i� _ PY.f.AP JOINT CONST. P-8 MH CONST. J-7 MH W/ INTERNAL WEIR STA. 210+92.25, 70.40 ' LT CONST. J� INLEi CONST. TYPE C' INLET W TTOM 'fi r END F'U B y l�' INDEX N0. 200 & 201 INDEX N0. 200 & 2201 CONST. 4:/ MES 1 INDEX NO. 200 & 21/ INDEX NO. 232 (J RIM ELEV = 23.05 _ `W (REFER V POND ZCO DETAILS) INDEX N0. 6.2 _ BP ELEV = 22 42 G -- /5' TEMP I N T - TRANS r N. INV = T7.50 RIM ELEV = 23.10 FC /NV = 18.25 ` ^ �yy 1 "-•+/3 J4 9 LT L ZZ.4Jr S. INV = 17.40 (EXIST.) N. INV - 12.30 �' 'x'00 li ', E / CONST ESMT r 42 RCP INV tem 7 BOTTOM ELEV 15.40 S. INV - 12.60 TEMP. N INV 12.90 r _ f PE % 3.00 TIE TO W. /NV - p.75 CONST. 6 • PVC _ BDM �. . t BOTTON ECFV lI _ : -: r . A C RB . b - I EXIST. BOTTOM ELEV = /O.JO� ESY7. �' _ _rf+L - - ,JO. g s r ELs2/.30 _ LL , - s . D _' pJr; RA.MP� m I RETMA TTGA TE - - t is R //0' -. ' ^ ` - " ' EXIST. R/W - MURP RESERVATIO I I _ Faef +J6.BOr 71.0.0' LT . . - . . . �- CONST. 167 LF CONST. 25 Lf OF ;-��.,L_-. r -.�0; N -[ .C, . : U ' OF 364 RCP 5-134 CC�� ASP caNST 8 ,4W/S I L . t- C NST d2\TF —_ V CONST. URBAN FLARE O - _. �T. -, C 3,� i7 ' — • — ' ' !_ �_ —' • — • ' CONST. PULL BOX ... �ppj 45 COON 36. RC (F —"OF . 4 CAP • � .. J2 C 1 ;. 71 DU . . ' `rte. -/ �, \ 5 .) Flc NT. - _...CONST 202 t LF " `TfE 'TO . ; � TO 6E REL TED t . Y � % _ CURBS (X1T7ER OF 2Po2 P.VC-Sf6NAC G ISM 76 ' ACT BY OFHERSP 1 _ - - - ""'o LF - INTE ONNECi CONW/ TS z , EXIST. CURB CONST. 2-2' PJC SIGNAL r 024 /RCP - . . -. + ' 2 214 o�y INTERCONNECT 00N0XIK5 - - S 331 - - EF"I T R/W CON57% (F 212 ggg 213 q ' � r �p /=9;r- '-.'�._x_T4- ':: F - p / . t Pt RCP _ . . _ _ FD I / t ' /t CONST. SA LF DIP WM . - w B OF CONST. CONST. TYPE- 'F " CUAB & GUTTER I . . . . . .. . . . . . . . . DI . . ' � 20" P WMw M ,. . ' ' . . I NOTE: / . ,. + l r 7y N TO REMAIN ° I 3 5-133 EE 2J:G5 5-!JJ 5-l3IC ; 1 I (p CONTRACTOR TO MATCH KIND SOD _ . - - 11 5TA, 2// +20.00, RT 5TA• 230+91.15, 12.00 ' LT W _. .._ .. .._ -- CONST. P -6 INLET CONST. J-7 MANHOLE. _ . - " "_ " ' F - - TO REMAIN INDEX NO. 200 & 41 INDEX ' NO. 200 _— SECTION LINE/ 1AFW.C.O. RJLW LINE , �.,,., ® ;,3 - - EP ELEV c I ynT.(' Wim - .- .. , NrlNtr�A70 -N - 1/.75 , - \ _ -® . _ �( � • V - _ .. . BOTTOM ELEV = 15.00 S. INV = 17.75 - .r.^0 ,' ' -� 1 / r• ( / �� --� Z y 3�.:--: 7 .. . . . o G 637 -G T EL 15®- _ �- SECTION LINE EXIST•;l.A.('.W.C.D. R/W AIN EXIST. CURB TO EXIST. I.RF.W.C.O. RJW ' Ci. •: . c. `t. FLnix: V;= L CONST. J GUTTER TRANS. 7/E TO EXIST. +23.0Jr 71.20 ' RT; EL. 2J.3/t IN . CONST. LAP JOINT 24 010.JOOL (+) o.3007 . .� . . . - . . _ . . . , . '. 24 22 300 , V.C. _ - _ _ _ _._ _ ._ _ _ _ - _ i - - - - - - _ - _ _ _ _ _ _ _ _ - _ _ � _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - S-131A _m PROFILE GRADE LINE -� - - - 4 - _ E-XIS GRD. ALONG .� I . .. .. N 22 '. OF CONST. `�` S -/JJ ' t : y, . . f 20 N N N N W n W t l0" 0/P fM 20 18 ! I EX. 24' RCP 16J8f R 42' RCP l C I n . -� 16 ZO' CI N'M 14 ; 36' RCPI /5 1 36' RCP 36HCP ! 4 I 2 p ci ! 1 t SCALEVERR: P=40 ' 12 nip) I m v, 210 Loo TT 00 REVISIONS 1 OAT gr (1ESCAlP LION l I OO 14 OO OD SCAIPTfpv INDAN R �VwR CIOU 7v® ® MeA. A. P.E. OF COUNTY CIOMMINSIONERS SHEET x. uEAsr ACIMMA smn N0. Du nsr sTxrer, vlrE sw QSZO ROAD (CR PHASE D' PLAN & PRORAM U . S . Army Cogs of Il Engineers 71pvw_`,. " 'a'° ROADWAY WZVEAw0 /L K2 N. Permit # SAl ^ 007 -05144 ( N - TQ ) r<+rrc.rr D- wr„�.,:.r.A„D�„ IYtD AVENUE ro nf8n rr9vua zmw P4 Y/D_/wpwgMlOJ 0Z 000\/DMV PflFWap Datc : 05 / 10/2010 Drawing 5 of 7 ; Attachment 1 5 -/42 5 -143 5 -H9 NOTES; STA. ?23+37 .25,223+3725, 61.72' RT STA . 225124.60, 61.00 ' RT STA. 223+75.92, 51.96 ' RT I. REFER TO S/GNAL/ZAT/ON PLANS FOR �+ CONST. TYPE J-B MH CONST. STRAIGHT CONCRETE CONST. TYPE P-B NH ADDITIONAL INFORMATION 0 10 20 30 40 (9' X 5 ') ENDWALL 130' WIDEI ( TOP ONLY) INDEX NO. 201 INDEX NO. 251 INDEX NO. 201 2. REFER TO OSLO RD/ 27111 AVENUE PLATEAU RIM ELEV = 24.41 TOP OF HW = 24.16 RIM ELEV = 23.60 SHEET FOR ADDITIONAL INFORMATION Feet 4 E. INV = 16 .00 FL INV = 17 .00 N. INV = f7.70 2 W. INV = 16.07 (EXIST) S. INV = 17.66 (EXIST.) 3. REFER TO 27TH AVENUE OVERBUILD PLAN BOTTOM ELEV = 14.00 BOTTOM ELEV = (EXIST.! - SHEET FOR ADDITIONAL INFORMATION t 5-145 ^ STA. 2 CONST. TYPE 1 C INLET LT INDEX NO. 232 MATCHL/N TA - 223 +15.83 GRATE ELEV = 18.85 ( 3v DIA WEEP HOLE= 20.72 ! I I + + 9.ie .4 RT `t + 5 NST 5_(�C EL. 24.3S . INV r F8.009R � BOTTOM ELEV - 16.00 +59.52 92.58' RT i R 1 5-N OF CONST4 'FNC(IAB &E , . PUCE T'ITO EXIST SWK e ; . r I" R 50' I GUT £R (TYP 1 .. :. - rr ND TYP 'F ' CUR AN T �1 •. I I I 1 r - ' +6B.Di, 7 } CR 1 II : I L .� ' + N 7. IF N . .. . _z - - - TI T +65.40 /27.05' RT ` ! " CR 1 i ; pitN� r BB 02 2Z3,!G5.8J, /0.7.38 LT . EXIST SWK + 4. , I .6B T, L. .8 s f 4 R lO6 ' R M . $X S `II it I - hi-: ' - - .__ . _. " . . _ . - TO REMAIN PROPOSED RM' mNsr 6 svx. / 14zP '_ r I >; 30 �� END 27TH AVENUE . . _� R 94 - 2/ CONST 78G \ 3' , PPP111111n - - PAVEMENT OVERBUILD 5 !45 . .r m s I i , , T- - STA . 224 + J5 29v 27.`3- . 42 ' LT C -� TO REMAIN 2y$ - _. " � -` � s ' ' PLATTE 6:I OR . 'll ; 9.17 L 767- R7- t I EX/ST,I. 45 To Pc � L r � I � ` 5 144 N$�/ ¢�I LF - R. " ! c'�. .1 . . . _ iT�R . ._ 4V fLA ]i .I REMA 5 ;� I EXIS 24'RCP. TO REMAN : PROPOSED 1 TO R HA/N BEGIN 27TH AVENUECp tl E P PAVEMENT OVERBUILD 5 TA , 224 +33 .88, 187.85 R / kY R R A7r<' TIE TO -, • n 27TH AVENUE - - OPER 54&RCP \n- ° p = PUT ST), Zzvd>B 27TH AV ADJ I T Ip IN REMAIN i ` c� pj 1 " P ` .. . - 1 PPO h' - ST 16 I�wi I \ POSE 1 In 1 : , +7 ., i 1458 �K+y D . . - I �� ri - : . CONST 12 WIDE O FATTER e{ 1 PEB F T�P.J N D URBAN F _ r , `\ .. r, FLARE J I s. .PLA TURNOUT_ EXIST. R/yy - - . - EXIST. INLETS AND IF R BSc i CR N i { s. CR 1 100.�5T`):: " q NNST. :60 LF . PIPES TO REMAIN CON5T EN CHORJD +14.74 L - f u - TYPE (i T - ;. 42. I ; E - n a *`-- CONST. EX/ST R71�'N T. F N R T R i �� rd . � S1 � 'I 4iI V11 Fir �- 50 .. ` ' - R END SWK ZZ4+74.54, 31 .74 RT _ J +23.39 ^ r , CO S7ii TYPE CONST. RUBBLE iy " ' 'GU 4 & ) )GUTTER c g +3 .40 I is RIP-RAP PAD ; `y� 5 !13 .� VIII (, 1 If (REFER TO DETAIU -{ '� ,., -� MATCHLINE STA. 225+51.25 7 STA . 224+55.14, LT STA. 224 +55.54, CT BUNS r. TYPE 5 INLEr CONST. P-6 INLET (fSifNQi (TOP ONLY) INDEX N0. 200 & 211 N. N0. & Z/ EP ELEV = 22.75 EP ELEV = 23 .16 S. INV = 19.30 INV J U N. /NV = /9.25.z5 BOTTOM ELEV = 17.30 PAVEMENT OVERBUILD W. INV = 19.23 (EXIST .) BOrTOM ELEV = (EXIST.) , ,- -J PAVEMENT WIDENING R EV 1510N5 �� rR*Hom BOA" RT1J�.�/�ER L •VvULL�7TYr ��.pc JaT RJ SCRIPTIpN GATE BY OESCRIP )ION m " � Irk. BOARD OF COUN • C10Jf f&W O[ WJ? S NO. m •r .. vm. ,c. tea, OSLO ROAD C,Yt 00 PjLt5W IT PLAN & PROFILE MKN, Pill ROADWAY MDEAWO ra asr srnerr,suirr sm U . S . Amy C orpS o1 Engineers arc.rrrc ru:ur0000 rma )DID AvmwaromaAY6NXJJ5 /rymlaffarl U/I/ZMO 269tl5 fL hVfO-rw YryMrOdSpQwJv\rOr/WlPflflp'pAdO^ Permit # Sn .i - ? 007 - 05144 ( NW -TSD ) Date : 05 / 10 /2010 Drawing 6 Of- 7 Attachment I 4y �� oil SUB LATERAL- V- � I CANAL Ln ZD I / .} U u u u u6 n �Uo — (J00 VOJUO.� U�J U�OO I uUu Uu Uu UuUu U THE CONTRACTOR IS TO REFER TO THE PLAN & PROFILE SHEETS FOR THE PROPOSED LIMITS OF RUBBLE RIP —RAP REVENTMENT ALONG THE OSLO ROAD SUB —LATERAL CANAL GEOTEXTILE FABRIC RUBBLE RIP -RAP DETAIL N. T. S. U . S . Army Corps of Engineers Peiillit # SAJ 2007 05144 ( NW -TSDI Date : 05 /�I 0 Drawing _7 of 7 Attachment 1 TOP OF BANK ( TYP .) o a CJ o�p�`� 1' VARIES J u a W Gp GUS o �jJ SUB LATERAL-1 �uvv oa W CANALJ _Z �u'o GC Q: GGc , GC N X00 pJ� �Oa ��aUvOjU�OGj�U�Ujo��OOUVOj O wU�j�°�JJ �Uuuu UuUu Uu Uu uUu Uu Uu v RUBBLE RIP -RAP APRON i t GEOTEXTILE FABRIC RUBBLE RIP -RAP CROSS SECTION .A -A i NO LES: i I. COST OF GEOTEXTILE FABRIC TO BE INCLUDED IN COST OF RUBBLE -RIP -RAP j 2 . GEOTEXTILE FABRIC SHEET SHALL MEET FDOT TYPE D -2 FABRIC CRITERIA ! INDIf11lT J?IVM COEN77 SHEET BOAT " OF COLT= CO' p®pNEM g�� p DET A n N0. OMO ROAD CCS � id �driidldli Dl3l �15III.J i Ra DWAT a 23 1 dMDAVEVVZr ZV r NA l Attachment z 1 Page STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE 1 . An eastern indigo snake protection/education plan shall be developed by the applicant or requestor for all construction personnel to follow. The plan shall be provided to the Service for review and approval at least 30 days prior to any clearing activities . The educational materials for the plan may consist of a combination of posters, videos, pamphlets, and lectures (e. g. , an observer trained to identify eastern indigo snakes could use the protection/education plan to instruct construction personnel before any clearing activities occur). Informational signs should be posted throughout the construction site and along any proposed access road to contain the following information : a , a description of the eastern indigo snake, its habits , and protection under Federal Law; b . instructions not to injure, harm, harass or kill this species ; C . directions to cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site on its own before resuming clearing; and, d . telephone numbers of pertinent agencies to be contacted if a dead eastern. indigo snake is encountered . The dead specimen should be thoroughly soaked in water and then frozen . 2 . If not currently authorized through an Incidental Take Statement in association with a Biological Opinion, only individuals who have been either authorized by a section I0 (a)( 1 )(A) permit issued by the Service, or by the State of Florida through the Florida Fish Wildlife Conservation Commission (FWC) for such activities, are permitted to come in contact with an eastern indigo snake. 3 . An eastern indigo snake monitoring report must be submitted to the appropriate Florida Field Office within 60 days of the conclusion of clearing phases . The report should be submitted whether or not eastern indigo snakes are observed. The report should contain the following information : a. any sightings of eastern indigo snakes and b . other obligations required by the Florida Fish and Wildlife Conservation Commission, as stipulated in the permit . Revised February 12 , 2004