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2010-265
10101iv la - CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 53rd STREET ROADWAY IMPROVEMENTS ( IRFWCD Lateral H Canal to Indian River Boulevard ) BID NO . 2011011 PROJECT NO . 0107 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA PETER D . O ' BRYAN , CHAIRMAN BOB SOLARI , VICE CHAIRMAN COMMISSIONER JOSEPH E . FLESCHER COMMISSIONER , GARY C . WHEELER COMMISSIONER WESLEY S . DAVIS JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT ALAN S . POLACKWICH , SR . , COUNTY ATTORNEY CHRISTOPHER R . MORA , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER MICHAEL D . NIXON , P . E . , ROADWAY PRODUCTION MANAGER APPROVED AS TO FORM �► fid9 GAL FF I ISI B WILLIAM K . DEBRAAL 00001 - Project Title Page - REV 04-07 . doc DEPUTY COUNTY ATTORNEY 00001 - 1 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00001 - Project Title Page - REV 04- 07 .doc DIVISION 1 = GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS + + END OF TABLE OF CONTENTS + + 00010 -2 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract 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 : ( 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 Friday , October 8 , 2010 . 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 " 53rd Street Roadway Improvements ( I . R . F . W . C . D . Lateral H Canal to Indian River Boulevard ) " . 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 . 0107 INDIAN RIVER COUNTY BID NO, 2011011 PROJECT DESCRIPTION: The project consists of the construction of a 4 - lane divided roadway for 53rd Street from I . R . F . W . C . D . Lateral H Canal to Indian River Boulevard . The work will include the construction of a new roadway , widening of existing roadway, intersection improvements , extensive piping for drainage , curbing , mast arm for traffic signals , signing and marking , a stormwater treatment pond , utility relocation and landscaping . All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Public Works Department/ Engineering Division , 1801 27`h 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 $ 150. 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 purchasinq (a 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 00100 - Advertisement for Bids REV 04-07 Revised 09-01 - 10 . doc 00100 - 1 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00100 - Advertisement for Bids REV 04-07 Revised 09-01 - 10 .doc of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety , or a certified check or. a cashier' s check , drawn on any bank authorized to do business in the State of Florida . Bid Security must be in the sum of not less than Five Percent ( 5 % ) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100 % Public Construction Bond within the timeframe set by the County . If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as penalty . Please note that the questionnaire must be filled out completely including the financial statement . The County reserves the right to delay awarding of the Contract for a period of sixty 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 Monday , September 27 2010 at 10 : 00 a . m . , in the conference room B1 - 501 in Building " B " of the Indian River County Administration Building located at 1800 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 : September 7 , 2010 For : Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building " B " Vero Beach , FL 32960 * * END OF SECTION 00100 - Advertisement for Bids REV 04-07 Revised 09-01 - 10 . doc 00100 - 2 F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US #1 \Contract Documents\00100 - Advertisement for Bids REV 04-07 Revised 09-01 - 10 .doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No . - Title Page ARTICLE 1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 - PRE- BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seems . . . . . . . a . . . . . . . . . 4 ARTICLE8 - BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 as CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . mass . . . a . . . . . . . . . . . a . . . . 5 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * ease . . . . . . . . . . . . . 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID " . . . Islas . . , . . . . . . so . . . 0 a . . . 8 ARTICLE 17 - OPENING OF BIDS . , . . . . 11 . . . . . . . . . 0 . . . . . . . . . . . . . . 9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . , , . . . . 11 . . . am . a . . I am . I . . . . . . . . . 9 ARTICLE 19 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . a . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . mass ' . . . 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 - SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 00200 - i 00200 - Instructions to Bidders REV 04-07 .doc FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders ect TABLE OF ARTICLES (Alphabetical by Subject) Su-- b�. Article Award of Contract . , . , , . . . . . . Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract Security and Insurance . . . . . . . . . . . . . . . . . . . Contract Times . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . Copies of Bidding Documents . " , , , . . . . 2 ocuments . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda , . . . . . Liquidated Damages . . , . . , . . , . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 amages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Opening of Bids . I I . . . . . . . . . . . . I . . . I . . I . . . I . . I . . . . . . . . . . . . . I . . . Pre- Bid Conference . . I I . . . . . . . . . Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . I . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Substitute or " Or- Equal' Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - ii 00200 - Instructions to Bidders REV 04-07 . doc FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER . B . Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder's qualifications to perform the Work , within five days of OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called 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 . 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 . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 1 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 . EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE 4 . 01 Subsurface and Physical Conditions A . The Supplementary Conditions identify: 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities ) that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the " technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any " technical data or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER , or others . 4 . 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any , that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . 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 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 2 F :\Engineering\Capital Projects\0107-53rd St, 513th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05101 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 ) 1 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 Supplementary 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) 567-1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS , AND PERFORMANCE OF THE WORK , C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost , progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions -at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (overhead , surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; 00200 - Instructions to Bidders REV 04-07. doc 00200 - 3 F:\Engineering\Capital Project510107-53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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 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 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 4 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev . 05/01 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 10 . 01 Provisions for liquidated damages , if any, are set forth in the Agreement. 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 5 F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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 . 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 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 6 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 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 . 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 00200 - 7 00200 - Instructions to Bidders REV 04-07 . doc F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 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 . Qualification Questionnaire . D . List of Subcontractors . E . Local Business Certification Form . 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 Is 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 . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 9 FAEngineering\Capital Projects\0107.53rd St, 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project . ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER's requirements as to performance and payment Bonds and insurance . When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds , unless the Bonds 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 FAEngineering\Capital Projects\0107-53rd St. 58th Ave-US #1 \Contract Documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 SECTION 00250 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Effective August 1 , 2009 , Indian River County adopted a local preference ordinance , Ordinance No . 2009 - 010 as set forth below : Section 105 . 041 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING A . DEFINITIONS ( 1 ) " Local business " shall mean a business that meets all of the following criteria : (a ) Has had a staffed and fixed office or distribution point , with a verifiable street address , located within Brevard ; Indian River; Martin ; Okeechobee ; Osceola ; or St . Lucie County for at least one ( 1 ) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County . Post office boxes shall not be used or considered for the purpose of establishing a physical address ; and ( b ) Has had , for at least 12 months prior to the date of the advertisement for the particular good or service being solicited , a current " Local Business Tax Receipt" issued by Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County , if applicable ; and and ( c ) Holds any license or competency card required by Indian River County ; if applicable ( d ) if the contract is awarded , will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower-tier subcontractor, materialman , or supplier. ( 2 ) " Non - local business " means a bidder that is not a local business , as defined herein . B . CERTIFICATION . Any person or entity claiming to be a local business , as defined herein , and desiring to receive local preference , shall complete and submit , together with all required attachments , a " Local Business Certification Form " in the form provided by the County and contained within the bid package accompanying a public notice/advertisement . Any bidder who fails to complete , and submit the " Local Business Certification Form " together with all required attachments with their bid shall not be granted local preference consideration for the purposes of that specific contract award . The Purchasing Division shall determine if a person or entity meets the definition of a " local business . " C . LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID . In connection with any solicitation to which this Ordinance applies , Indian River County will give preference to local businesses in the following manner: 1 . When a qualified and responsive , non - local business submits the lowest price bid ( herein , "Apparent Low Bidder" ) , and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent ( 5 % ) of the price submitted by the Apparent Low Bidder, then the local business with the apparent next- lowest qualified and responsive bid offer ( herein , the " Lowest Local Bidder" ) shall have the opportunity to submit an offer to match the price ( s ) offered by the Apparent Low Bidder as follows : (a ) the Purchasing Division shall invite , in writing , by e - mail , fax , or certified mail , the Lowest Local Bidder to submit a written matching offer to the Purchasing Division ( herein " Invitation " ) ; ( b ) the Lowest Local Bidder may , but shall not be obligated to , submit a written matching offer to the Purchasing Division within five ( 5 ) business days after receipt of the Invitation ; 00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009 . doc 00250 - 1 F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US #1 \Contract Documents\00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009. doc ( c) If the Lowest Local Bidder submits a written offer that matches the bid from the Apparent Bidder, such written offer shall be accepted and the Lowest Local Bidder shall be awarded the contract ; ( d ) If the Lowest Local Bidder submits a written offer that does not match the bid from the Apparent Low Bidder , such written offer shall be rejected ; and ( e ) thereupon , the next successive lowest qualified and responsive local bidder, if and only if their bid is less than or within five percent ( 5 % ) of the Apparent Low Bidder will receive the Invitation . (f) This cycle shall be repeated until there are no remaining local bidders less than or within five percent (5 % ) , then award shall be made to the Apparent Low Bidder 2 . If the Lowest Local Bidder and successive next lowest local bidders do not respond , decline , or are unable to match the Apparent Low Bidder bid price (s ) , then award will be made to the Apparent Low Bidder . D . BOARD APPROVAL OF CHANGE ORDERS . In the event a Local Bidder is awarded a contract pursuant to this Ordinance , all requests for change orders increasing the cost of the project must be approved by the Board of County Commissioners . E . NOTICE . All solicitations that are subject to this Ordinance shall include the substance of this local preference Ordinance and the " Local Business Certification Form " . F . EXCLUSIONS AND LIMITATIONS . 1 . Waiver of local preference . The application of this Ordinance to a particular purchase or contract of the Board of County Commissioners may be waived only prior to bid solicitation/advertisement and with the approval of the Board of County Commissioners . 2 . The provisions of this Ordinance shall not apply where prohibited by federal law or Florida law , or under the conditions of any grant or other funding source . 3 . The provisions of this Ordinance shall not apply to contracts under the Consultants Competitive Negotiation Act ( CCNA ) , Florida Statutes Section 287 . 055 , as CCNA allows consideration of location in the evaluative process . 4 . The provisions of this Ordinance shall not apply to any procurement where the local nature of a business has been addressed through scoring criteria . 5 . The General Services Department shall be responsible for developing , implementing , and maintaining administrative procedures in support of this policy . G . SUBSEQUENT REVIEW AND SUNSET PROVISION . On or about six months after the Effective Date of this Ordinance , the General Services Department will provide the Board with the results to date of this local preference policy and the status of regional reciprocity for Indian River County businesses by Brevard ; Martin ; Okeechobee ; Osceola ; and St . Lucie Counties . Within one year after the first bid awarded under this policy , the Board shall receive a similar report from the General Services Department and shall determine whether to continue or modify this policy . Nothing in this section shall prevent the Board from taking action sooner to revise or remove this local preference policy . 00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009 . doc 00250 - 2 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009. 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 Local Business Certification Form 00460 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 04-07 . doc 003001 F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US #1 \Contract Documents\00300 - Bid Package Contents - REV 04-07 .doc Addendum # 1 9- 10-2010 SECTION 00310 = Bid Form PROJECT IDENTIFICATION : Project Name : 53RD Street Roadway Improvements ( Lateral H Canal to Indian River Boulevard ) County Project Number: 0107 Project Address : 53`d Street Indian River County, FL , Project Description : The project consists of the construction of a 4M lane divided roadway for 53`d Street from I . R . F.W. C . D . Lateral H Canal to Indian River Boulevard . The work will include the construction of a new roadway, widening of existing roadway, intersection improvements , extensive piping for drainage, curbing , mast arm for traffic signals , signing and marking, a stormwater treatment pond, utility relocation and landscaping. THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27" Street Bldg . " B" 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 Jo B. Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work . 00310 - Bid Farm Addendum 1 9-10-2010 .doc 00310 - 1 FAEngineering\Capital Proiects10107-53rd St, 58th Ave-US #1 \Contract DocumenWAddendums\00310 - Bid Form Addendum 1 9-10-2010.doc Rev. 05/16101 t o Addendum # 1 9- 10-2010 C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost, progress and performance of the Work . D . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions , E . Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations, explorations , tests , studies and data concerning conditions (surface , subsurface and Underground Facilities ) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques, sequences , and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F . Bidder does not consider that any further examinations, investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price(s ) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents . G . Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents , H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations, investigations , explorations , tests , studies , and data with the Bidding Documents , I . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder. J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . 4 . 01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER . [The remainder of page intentionally left blank] 00310 - 2 00310 - Bid Form Addendum 1 9- 10-2010. doc FaEngineering\Capital ProjectM0107-53rd St, 58th Ave-US #11Contract DocumentMAddendums100310 - Bid Form Addendum 1 9- 10-2010 .doc Rev. 0516101 ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME : 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO. : 0107/2011011 BIDDERS NAME : Aiga '` NL,. may ::,•:: ' tt ;;z ROADWAY IMPROVEMENTS 101 - 1 MOBILIZATION 1 LS 21 `x , 000, 219, coo, m 102- 1 MAINTENANCE OF TRAFFIC 1 LS 66, 0=, co 66 000 . 104- 1 EROSION & WATER POLLUTION CONTROL 1 LS 2913oa a1 ) 3c lo, 00 STAKED SILT FENCE (FOR EMBANKMENT HAULING * 104- 13 ROUTE ) 71000 LF 0 , (0 7 `tj�ocjo • on 108- 1 AS- BUILT DRAWING (BY REGISTERED SURVEYOR 1 LS -bj (wao •, 31 &.So , oc 108-2 SURVEY CONTROL INSTALURE- ESTABLISH ) 1 LS Si 15b. 00 5, ISt). oo AERIAL PHOTOGRAPHY (4 PANELS/FLIGHT EVERY 108-3 30 DAYS DURING PROJECT) 1 LS 1 130a oo If 3col c,o 108-4 N . P . D , E . S. PERMITTING 1 LS 42D, 00 qzaov 110- 1 - 1 CLEARING & GRUBBING 1 LS 51 , Soo, 571SIm. co 110-5 FLOW WELL (CUT, GROUT, & CAP) 2 EA S ( SO = LCy3cmcc 120- 1 EXCAVATION REGULAR 21802 CY • 8o s"04,3 . (. 01 120- 1 B EXCAVATION ( PONDS ) 10 , 243 CY 2 • ?S Z8, 168 . EMBANKMENT (COMPACTED IN PLACE ) *SEE PAY * 120- 6- 1 ITEM NOTE ON PLANS241 , 931 CY S SC /1330 62o. so 120-6- 113 EMBANKMENT (BERM) (AROUND PONDS )) 663 CY � ' �s 5, 138025 160-4- 1 TYPE B STABILIZATION - ( 12" SUBGRADE LBR 40) 59,594 SY � ' SS g2, 370. 70 285-706 OPTIONAL BASE GROUP 6 (TWO LIFTS ) 54, 802 SY r7 • 9D X32, 935:Jgo * 285-704 OPTIONAL BASE GROUP 4 ( 6") (TEMPORARY BASE) 51621 SY 3 , 20 171987. 20 SUPERPAVE ASPHALTIC CONCRETE (TYPE SP- 12 . 5 ) * 334- 1 - 13 ( 1 .2511) (TEMPORARY PAVEMENT FOR MOT) 5 , 621SY Zo SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC C) (SP 334- 1 - 13A 12 .5) ( 1 . 5 ") 51 , 167 SY o0 3or7, bo2. SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC C) (SP 334- 1 - 13B 9 . 5) ( 1 . 5") 51 , 167 SY C • 1S I `f; x,77 os 334- 1 - 13C TURNOUTS & DRIVES (ASPH . CONC. ) ( 1 . 5" THICK) 11427 SY I L 60 Z, 63`f 240 TYPE FC-5 ASPHALTIC CONC , FRICTION COURSE 337-7-5 0/4 " THICK) NONNI 21 SY Boa Z5 11 f28g 25 F:ZVlneering\Capilal Projectsk0107-53rd S� 58th Ave-US #1 \Contracl DocumenWAddendumsTem¢ed Bid Schedule-0107 Addendum 2 9-28-2010.xis 00310-3 ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME : 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO, : 0107/2011011 BIDDERS NAME : ® I ®ems , INC .�f' ry 3 Y • 339- 1 MISCELLANEOUS ASPHALT UNDER GUARDRAIL) 5 TN 2j6 , oa l / 080, o0 353-70 TURNOUTS & DRIVES (6" CONC . ) 126 SY 33 . So 400- 1 - 11 CONCRETE CLASS 1 FOR GRAVITY WALLS 196 CY 5 ( 2. oo 400- 1 -2 CONCRETE (CLASS 1 ) FOR END WALLS 3 CY X65, 00 1 01 � $ o 425- 1 -351 INLET, CURB (TYPE "P-511) 7 EA 2- � 062 . oe / �� �- 3 00 425- 1 -361 INLET , CURB (TYPE 1' P- 6") 6 EA 2 ) 2o`16, co 31656. o0 1425- 1 -461 INLET, DITCH BOTTOM TYPE 11J- 6") 1 EA 3 , (07$, 00 3/ (6178 oo 425- 1 -521 INLET, DITCH BOTTOM TYPE "C" ) 4 EA ? 2 . 00 3 / +18 $ 6ao 425- 1 - 551 INLET, DITCH BOTTOM (TYPE " E") 7 EA ! 30y , 00 t43, o0 [425- 1 -581 INLET, DITCH BOTTOM (TYPE " H ") 1 EA 2 05-4ooZ. / 4-75-, 00 425- 1 - 91 ICLOSED FLUME INLET TYPE II ) 2 EA . o0 3, 828 , 00 INLET, DITCH BOTTOM (TYPE "P" BOTTOM AND "X" 425- 1 -901 TOP) 10 Eq 2- 1140- Co 21 , Foo, 00 INLET, DITCH BOTTOM (TYPE "J " BOTTOM AND "X" 425- 1 -901A TOP) 2 EA 315arl (ca 7, 19z , oo 425-2-41 MANHOLE (TYPE "P-7") 4 EA �� 4wSI. 00 519Z', 00 * 425-2-61 MANHOLE (TYPE 1P4") 7 Eq 425-2-71 MANHOLE (TYPE "J411) 1 Eq 2� 895, 00 Z, SgS o0 425-2-91 MANHOLE (TYPE"J-811) 5 EA 2 0 4a),CD /426b@00 425-6 VALVE BOX ADJUSTMENTS 35 EA `F1 , 56 1184OZ - 0 430- 175- 101 CONCRETE PIPE CULVERT CLASS III - 18" 670 LF 2' g ' �� / 8j87- 7• oo 430- 175- 101A CONCRETE PIPE CULVERT CLASS III - 24" 21555 LF '�Ot go C)4 ZfA oto 430- 175- 102 CONCRETE PIPE CULVERT CLASS III - 30" 11919 LF 5:Z c", 788- 430- 175- 102A CONCRETE PIPE CULVERT CLASS III - 36" 584 LF 6 7' 2S 3� � 27A{• oa 430- 175-201 CONCRETE PIPE CULVERT CLASS III - 12 "x18" 534 LF 2 ? , on l � " g - ,=1 F1Enaineerina\CaDitat Prolects\0107-53rd SL 58th Ave-US #1\Cordrad OocumentskAddendumsVtem¢ed Bid Schedule-0107 Addendum 2 9-28-2010.)ds 00310-4 1 , ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME: 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO. : 0107/2011011 BIDDERS NAME : 430- 175-201A CONCRETE PIPE CULVERT CLASS III - 14 "x23" 11160 LF 33. 00 3S / Z$ac,o 430- 175-201B CONCRETE PIPE CULVERT CLASS III - 1911x30" 1 , 244 LF `fe - 0c) 5' T Z , 0o 430- 174- 101 CORRUGATED ALUMINUM PIPE (" 12") 32 LF ZZ . 00 430- 175- 101A CORRUGATED ALUMINUM PIPE ("249t) 185 LF 4f Z . 00 '7112170 , do 430- 175- 101B CORRUGATED ALUMINUM PIPE (118") 16 LF 28 • So co 430- 174- 102 CORRUGATED ALUMINUM PIPE (36") 268 LF 7q00 21 � 172., 00 430-984- 129 MITERED END SECTION 24" 3 EA 331 . 00 9 ,3 3t o 0 430- 982-623 MITERED END SECTION ( 121Ix18" ) 1 EA 2Z4 - 00 ZZ µ, 00 430- 984- 629 MITERED END SECTION ( 19"x30") 1 EA L' O7 , 60 `fort, bo 515- 1 -2 STEEL GUIDERAIUHANDRAIL 345 LF 37 . oc 12. / 76 5, 00 520- 1 - 10 CONCRETE CURB & GUTTER (TYPE "F") 81745 LF 4Z5 72 /1 y-(002s 522-2 CONCRETE SIDEWALK (6" THICK) 4 , 991 SY Zc1'• 15 1 Z3 527, Z PATTERNEDITEXTURED PAVEMENT - COLORED 523- 1 (CONCRETE ) 6" THICK) ( IN TRAFFIC SEPARATOR) 11317 SY 38 , 70 �2>/ `} 67. 5 536-8 GUARDRAIL BRIDGE ANCHORAGE ASSEMBLY (F&1 ) 2 EA 1703 , 00 3, c(-06 , 100 536-85-26 GUARDRAIL ( MELT) END ANCHORAGE ASSEMBLY 2 EA / C> / Z , M Z / 0z µ, 00 550- 10-22 CHAIN LINK FENCE (6' HIGH) (VINYL COATED ) 11678 LF / 3 oa Z118N, 00 * 550- 10-28 RESET EXISTING FENCE 208 LF 6 . 20 Z139 . too 550-60-222 CHAIN LINK GATE ( DOUBLE 10' WIDE ) 1 EA "fZ7, 00 9 Z7, Oc i PERFORMANCE TURF - SOD (BAHIA) ( INCLUDES : 570- 1 -2 TOP SOIL, FERTILIZER , AND WATERING ) 54 , 230 SY 1 . 3o 70/ qq tb PERFORMANCE TURF - SOD (FLORATAM ) Z SO 0 622 % Sd 570- 1 -2A ( INCLUDES : TOP SOIL, FERTILIZER) 41329 5Y 1 I * 580- 1 - 1 CABBAGE PALM ( 10'- 16' HEIGHT) 26 EA ( • � 3 � 7y�f: afl 580- 1 -2 ILIVE OAK ( 16'-20' HEIGHT) 21 EA f 3 . 00 3� x{ za - co 00310-5 SAIA AwdJ is 91\rmirarl nn . lm"nislAddendumsWem¢ed Bid Sdiedul"107 Addendum 2 9-28-2010.)ds ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME: 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO. : 0107/2011011 BIDDERS NAME : 1310KERCnnl ci dd 580- 1 -3 SHREDDED PINE BARK MULCH 12 CY * 580- 1 -4 PINE TREE ( 12'- 14' HEIGHT) 6 EA ( lob , cep R4CD . fto RELOCATE EXISTING CYPRESS TREE * 580- 14A (APPROXIMATELY) (6'-8' HEIGHT) (2"-4" CAL) 15 EA 3 $ . bo RELOCATE EXISTING OAK TREE (APPROXIMATELY) * 580- 14B ( 10'- 12' HEIGHT) (6"- S" CAL) 10 EA RELOCATE EXISTING CREPE MYRTLE TREE * 580- 14C (APPROXIMATELY) (4'-6' HEIGHT) (2"-4" CAL) 7 EA 3C , oo "7 '3 ,� 590-70 IRRIGATION SYSTEM (F& I ) 1 LS Z. 3 $ no, 'Z3g cc do SINGLE POST SIGN (R1 - 1 , STOP) WITH STREET 700-20- 11 SIGN 3 EA 'Z SO % 700-20- 11A SINGLE POST SIGN (R2- 1 SPEED LIMIT) 14 JEA t ?G • om ZGoy , oO 700-20- 11B SINGLE POST SIGN ( R3-2) LEFT TURN PROHIBITION 3 EA MANDATORY MOVEMENT LANE CONTROL SIGN ( R3- 700-20- 11C 5R) 3 EA 1 Rg" oW coo 700-20- 11D SINGLE POST SIGN , ONE WAY (R6- 1 ) 3 EA • cbo Jrs �. ov 700-20- 11E DO NOT STOP ON TRACKS SIGN R8-8 5 1 EA 1 8. 6 - 0* Q 0�0 , 00 700-20- 11F CROSS ONLY AT CROSS WALKS SIGN ( R9-2) 9 [ EA 700-20- 11G ADVANCED INTERSECTION LANE CONTROL R3-8B) 1 EA 1 8+L • oca 1 (j (. . mc) 700-20- 11H HIGHWAY-RAIL CROSSING ADVANCE (R10-2L) 2 EA L • ov 3� Z , oct SINGLE POST SIGN , RIGHT LANE MUST TURN RIGHT 700-20- 11 ) R3-7R) 3 EA l tc . oo HIGHWAY- RAIL GRADE CROSSING (CROSS BUCK) 700-20- 11K (R15- 1 ) 5 EA i G . am* 930 , ao 700-20- 11L HIGHWAY- RAIL GRADE CROSSING (W10- 1 ) 4 EA 1 6 too 14Lt . o0 700-20- 11M SIGN ' NO U-TURN' ( R3-4) 2 EA 1 (o • b `3 312 . o0 706-3 R. P . M . BI-DIRECTIONAL AMBER / AMBER 308 EAS O 3 . ro 706-3- 1 R . P . M . MONO DIRECTIONAL WHITE/CLEAR 56 EA 706-3-2 R. P . M . BI-DIRECTIONAL WHITE / RED 430 EA 3 . 35 14 LA0 . SO PAINTED PAVEMENT MARKING (PRIOR TO * 710- 11 THERMOPLASTIC) 1 LS l L 0 0ochl 1 L 160o 00310-6 GY rAth n.,di is tti\rn"mrl 11rr. xnerga\A�1Anrvliimc\Nwmisrul Rid Srhadul"-0107 Addendum 2 9-2&2010.XIs ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME : 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO. : 0107/2011011 BIDDERS NAME : :> • .. 711 - 11 - 121 THERMOPLASTIC SOLID TRAFFIC STRIP (6" WHITE) "38tgo 711 - 11 - 122 THERMOPLASTIC SOLID TRAFFIC STRIP (8" WHITE ) 21048 LF C . 1 0 1 Ll "33 , (, THERMOPLASTIC SOLID TRAFFIC STRIPE ( 12" 711 - 11 - 123 WHITE) 21600 LF 1 . IS :2 9 TO , o THERMOPLASTIC SOLID TRAFFIC STRIPE ( 18" 711 - 11 - 124 WHITE) 120 LF • ZS Zlo , eo THERMOPLASTIC SOLID TRAFFIC STRIPE (24 " 711 - 11 - 125 WHITE ) 883 LF 2 , 30 X030 .4 711 - 11 - 141 THERMOPLASTIC SKIP STRIPE 6" WHITE 10'-301) 5 , 267 LF O 5 0 X33• - 711=1-1=141A- THERMOPLAS`FIC-SKIPS-TRIPE-(6"-WHITE-6= 10') ---- 711 - 11 - 141B THERMOPLASTIC SKIP STIPE (6" WHITE 2'-4') 469 LF O • 50 23'-isc 711 - 11 - 160A THERMOPLASTIC MESSAGES ("RR CROSSING ") 7 EA Z 3 Z . l 62Lt o c 711 - 11 - 160B THERMOPLASTIC MESSAGES "ONLY") 3 EA ► Iy , OGa co THERMOPLASTIC WHITE STANDARD TURN 711 - 11 - 170 ARROWS 62 EA 41400 THERMOPLASTIC SOLID TRAFFIC STRIPE (6" 711 - 11 -221 YELLOW ) 7 , 772 1 LF O • 0 3G ion THERMOPLASTIC SOLID TRAFIC STRIPE (DOUBLE 6" 711 - 11 -221A YELLOW ) 21333 LF • � � 2 333 THERMOPLASTIC SKIP TRAFFIC STRIPE (6" 711 - 11 -22113 YELLOW , 6' - 10') 267 LF O • So 13 THERMOPLASTIC SOLID TRAFFIC STRIPE ( 18" ' 711 - 11 -224 YELLOW) 281 LF 1 1 S `i 6�7 ,5 THERMOPLASTIC SKIP TRAFFIC STRIPE (6" 711 - 11 -241 YELLOW , 2' - 41) 1 , 440 LF • S c5 ROADWAY IMPROVEMENTS SUBTOTAL 02 7. b TRAFFIC SIGNALS 630- 1 - 12 CONDUIT UNDERGROUND 2" PVC 51320 LF a l D (� �{ Ot :Z , ad 630- 1 - 14 CONDUIT UNDERGROUND JACKED 2" PVC 41008 LF • 30 21` Vmt 630- 1 - 11 CONDUIT ABOVEGROUND 2" PVC 90 rLF � �S � g1 • $o632-7- 1 SIGNAL CABLE 1 3 Zoe, "sl o . oc 633- 131 - 1 FIBER OPTIC SM 12F DROP 200 LF ( • �$ 310 . co 00310-7 P \Fry !i rim\CnnhRl Proiects\0107-53rd SL 58th Ave-US #1zontract DocumentsWddendumsUtem¢ed Bid Schedule-0107 Addendum 2 9-28-2010.x1s ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME: 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO. : 0107/2011011 BIDDERS NAME : 76333ml21 - 3 SM 96 FIBER OPTIC CABLE 645LF , 3 S Z L n .Z 635- 1 - 11 PULL BOX 41 EA Z t O 1. g 635- 1 - 15 FIBER OPTIC PULL BOX 3 EA '7 '12 %� So 02-731 "? , S 639- 1 - 13 POWER SERVICE OVERHEAD 2 AS oo lOZ36 • 639-2- 1 SERVICE WIRE 200 LF O . Q o 641 -41 - 120 POWER SERVICE STUB POLE 2 EA L!9 5 , oo Q 4 0 , o0 649-31 - 107 MAST ARM 133-S22LUM ARM 46' W/ LUMINAIRE 1 EA 1 1304 , 649-31 - 108 MAST ARM D5-S23LUM ARM 60' W/ LUMINAIRE 3 EA o gyp . to12 0 , o 649-31 - 109 MAST ARM D6-S24LUM ARM 70.5' W/ LUMINAIRE 2 EA "X4j S6 (w . 00 Li *j 649-31 - 105 MAST ARM D7-S6 ARM 78' 1 EA 2 �• 1•'� S • 2Z145 . o0 SIGNAL HEAD , 12", 3-SEC, 1 -WAY W/ LED & TUNNEL 650-51 -313 VISOR 20 AS GyK • c= I �49 % p . o SIGNAL HEAD , 12" , 5-SEC , 1 -WAY W/ LED & TUNNEL 650-51 -513 VISOR 11 AS (, 0'7 X9 , 0 653- 191 COUNTDOWN PED SIGNAL 1 -WAY LED 4 AS Lt S9 . o0 1 653- 192 COUNTDOWN PED SIGNAL 2-WAY ( LED) 4 AS Loan- ,od y oZo . 00 659- 107 SIGNAL HEAD AUXILIARIES ALUMINUM PEDISTAL 8 EA L ''tLL.00 Sl 663-74- 11 VIDEO VEHICLE DETECTOR CAMERA 9 EA 52 53 . a Ltl 2 ? 665- 13 PEDESTRIAN DETECTOR 12 EA Vi . exn L o '$ Io • oo F & I CONTROLLER ASSEMBLY TYPE 6 W/ RxR 670-5- 111 PREEDEMPTION & CABINET PAD 2 Eq 683- 107 FIBER OPTIC MULTIPORT ETHERNET SWITCH 2 EA =mLoso. ao I eao % oa INTERFACE PANEL (FO TERMINATION CLOSURE 12F 685- 128A WALL) 2 1 EA Lo � osac 2ouI, c , 00 INTERFACE PANEL (FO UNDERGROUND SLICE 685- 128B CLOSURE 12F ) 2 Eq cSy $.,a l (oq0, oG 685- 139 DIGITAL VIDEO ENCODER 2 EA 0, Ltfcsco q6cuovoo 686- 101 PAN / TILT CAMERA ASSEMBLY 2 EA �'� (035 • 00310-8 G•tCnninmrinnl(:anital PrniMelM (17.iZrr1 .q SRIh Ava.l IR111U'.nntfaeJ (lm rnnnlc\AArinMiuncltlnmbwl Rirl Crhnrtidallill7 ArirleMitm 7 O_71L'7f11f1 vie ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME: 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO. : 010712011011 BIDDERS NAME •__ n � r � FR � nnRI ®A , INC . 690- 10 SIGNAL HEAD ASSEMBLY REMOVE 9 EA • � , � b 690-20 PEDESTRIAN SIGNAL ASSEMBLYREMOVE 4 EA 1 0 690-32-2 POLE REMOVAL ( MAST ARM) 4 EA `] oAom ',3tpUq06 690-50 CONTROLLER ASSEMBLY REMOVE 1 EA • DO SO - U _0 690-60 VEHICLE DETECTOR ASSEMBLY REMOVE 4 EA q , Do I0 690-90 CONDUIT AND CABLE REMOVE 1 PI I - OD I , 0 D 690- 100 MISCELLANEOUS REMOVE 1 PI , b0 • a0 699- 1 - 1 ILLUMINATED STREET NAME SIGN 8 EA Y' 700-48- 18 SIGN PANEL 9 EA 700-89-2 ILLUMINATED RXR BLANK-OUT SIGN 2 EA gilZq* 0 57 (p $ , Ob 783-5- 1 ITS PULL BOX FOR FIBER OPTIC TRAFFIC BEARING 5 EA (7 " D 330 ' ab 783-6- 1 ITS FIBER OPTIC SPLICE BOX 2 EA TRAFFIC SIGNALS SUB TOTAL gDO/ 0( 5 UTILITY IMPROVEMENTS IRC-U100 FIRE HYDRANT RELOCATION 1 EASCJ , � 90� 5f 0 0 WATER AND FORCE MAIN LINE CONFLICT IRC-U101 RELOCATION 4 EA 9 �7 " 393104 0 ) WATER MAIN CONSTRUCTION IRC- U1 Bridge Pipe Supports 1 LS 3Glo • DO 3 yd ' bb IRC- U2 12" DIP WM - Flan ed / Bridge 178 LF >' � S • DD dam/ 47b . b IRC- U3 12" PVC WM 2257 LF 9 • E IRC-U4 8" PVC WM 199 LF o 30 70 IRC-U5 6" DIP WM 10 LF 9 ' � J g7. 00 IRC-U6 12" HDPE Directional Bore WM - STA 405 + 20 455 LF � y' I» 53, 7040 00310-9 F �Fmirwwrirm%!':aoiial Prnieds10107-53rd St. SBih Ave-US #11CorNrad DoCumerilsV,ddendumsUlem¢ed Bid Schedule-0107 Addendum 29-2&201 Dads 1 ) ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME : 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NO./BID NO. : 0107/2011011 BIDDERS NAME: IRC- U7 12 " GV 6 Eq IRC- U8 8" GV 2 EA IRC- U9 112" Line Stop w/ Plug 4 EA 67� IRC- U10 8" Line Stop w/ Plug 1 EA D IRC-U11 FHA w/ 6" GV 4 EA 9751. DD // O(D IRC- U12 Sample Points 14 EA • Da - o IRC- U13 Air Release Valve at Bridge Crossing1 EA • 00 . 06 rj IRC- U14 Air Release Valve w/ MH 2 EA IRC- U15 2" Permanent Blow-Off 1 EA 3 3 ' as Connect to Existing IRC- U16 STA 382 + 20, Connect to Existing GV 1 LS n0 � 1 tj IRC- U17 STA 396 + 50, Connect to Existing GV , Temp. Jumper 1 LS / � 3 •oo 93 • D IRC- U18 STA 401 + 40, w/ 12 x 8 TAP SL & GV 1 LS $ c�o 310 . ap IRC- U19 STA 102 + 15 , w/ 12 x 12 TAP SL & GV 1 LS % q .00 � �� • D IRC- U20 STA 404 + 83 , w/ 12 x 12 TAP SL & GV 1 LS g D pa q7< qeb IRC-U21 STA 405 +43, w/ 12 x 12 TAP SL & GV , Temp. Jumper 1 LS _ / 3) (035" l 35 • IRC- U22 STA 412 + 95 , w/ 16 x 8 TAP SL & GV , Temp. Jumper 1 LS IRC- U23 STA 412 + 80 , w/ 8 x 8 TAP SL & GV 1 LS aerJS9 75 / , b15 IRC- U24 ISTA 416 + 05 , w/ 6 x 6 TAP SL & GV 1 LS 1 g56 "o Remove / Abandon & Grout IRC-U25 Remove 12" WM & Valve / Fittings 309 LF ' Sf)o V - 35 IRC-U26 Remove 8" WM & Valve / Fittings 58 LF lb9 - gb IRC-U27 Cut / Remove 24" Steel Casing 1 LS 1 0� • a ' � 00310- 10 F \EnaineerinolCaodal PrdeIrd SL 58th Ave-US 91lcontract DocumentslAddendumsUtem¢ed Bid Schedul"107 Addendum 2 9-28-2010.>ds ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME: 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO. : 0107/2011011 BIDDERS NAME : IRC- U287Remove Bore Vent to Grade 1 LS vC� . Z)o 00 Reset IRC-U29Box to Grade 14 5 / 050 —1 a * 0D IRC-U30 Grade 1 EA Lr /a , z)D 1 a oD IRC- U31ocate FHA 2 EA 5 ' Dv / $ / o • m Replace Existing Water Service IRC- U32 STA 399 + 25 1 LS 3 �a ' vbE790 IRC-U33 STA 406 + 10 1 LS 7 �a IRC-U34 STA 103 + 90 1 LS 3 � a ' C 379 ' 0D IRC-U35 STA 104 + 10 1 LS 3 �a ' L 3 -] p2 0° IRC- U36 STA 106 + 05 1 LS -7 SANITARY SEWER/FORCE MAIN CONSTRUCTION IRC-U37 12" PVC FM45 LF / goo (' jr3 5 • L IRC-U38 6" PVC FM 205 LF / 5 ' I D IRC-U39 4" PVC FM 8 LF L 5 ✓ 9' IRC-U40 2" PVC / HDPE FM 67 LF /Z 57 ' (a6 IRC- U41 4" HDPE Directional Bore FM - STA 96 + 35 82 LF IRC- U42 2" HDPE Directional Bore FM - STA 103 + 90 72 LF a 50 7 64. 66 IRC- U43 6" GV 3 EA IRC- U44 12" Line Stop w/ Plug 2 EA IRC- U45 Air Release Valve w/ MH 2 EA Connect to Existing / n / 2 $ IRC- U46 STA 385 + 05 , w/ 16" x 16" TAP SLV & GV 1 LS b35 'W p` b35 IRC- U47 STA 405 + 12 , w/ 12" x 12" TAP SLV & GV 1 LS (�5' ��b ,j • co 00310-11 F-IIr ninaorimK;aodal PrciedsW107-53rd SL 58th Ave-US #1\Contrad Documents\AddendumsUlem¢ed Bid Schedule-0107 Addendum 2 9-28-2010.)ds ♦ y ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME : 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NO./BID NO. : 0107/2011011 BIDDERS NAME :IIIIII MINIM , pj ^ R ' ® A MEIN Mrffini IRC- U48 STA 405 + 34 , w/ 12" x 12" TAP SL & GV 1 LS gg 5.00 �gtj • a � IRC- U49 STA 397 + 55 , w/ 16" x 16" TAP SL & GV1 LS �o3rj • DZ) DD IRC-U50 STA 398 + 60, w/ 16" x 6" TAP SL & GV 1 LS IRC-U51 STA 96 + 35 , . w/ 4 " x 4" TAP SL & GV 1 LS <1 gfao g' CL � 00 IRC- U52 STA 96 + 30 , Connect to Existing 4" FM 1 LS 75.W IRC- U53 STA 103 + 90, w/ 4 " x 4" TAP SL & GV 1 LS � ��� t I�K5 • ") IRC- U54 STA 103 + 85 , Connect to Existing 2" FM 1 LS D nt) Remove / Abandon & Grout IRC- U55 Remove ARV P15 EA opIRC-U56 Remove 12" FM & Valve / Fittin s LF IRC- U57 Remove 4" FM & Valve / Fittings 20 LF • ' D b b IRC- U58 Remove 2" FM & Valve / Fittings 20 LF IRC- U59 Remove 8" SanitarySewer 20 LF CQ • D 3 G ab IRC-U60 Abandon / Grout 4" FM 65 LF % • O`�7 J 00 IRC- U61 Abandon / Grout 2" FM 240 LF 3 I 7 q- IRC-U62 Reset Valve Box to Grade 13 EA IRC-U63 Reset ARV to Grade 3 EA L) O 3�p IRC-U64 Markin / ID Tape Over Existin FM 1 350 1 LF 3 ' � d 0 95 ' ba RE-USE UTILITY IRC- U65 161, PVC Re-Use Main 40 LF / 3 • Connect to Existing IRC- U66 STA 398 + 90, Connect to Existing 1 LS 707 - OD � 07 • �� IRC- U67 STA 398 + 91 , Connect toExisting1 LS '76^ 00310-12 FAFmiruorirnV:anital Pni"dsV07.53rd SI. 58th Ave-US #1NContracl DocumenlsVWdendumsVtem¢ed Bid Schedule-0707 Addendum 2 9-28-2010As ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME : 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO, : 0107/2011011 BIDDERS NAME : nlf` Il � QCnnl a rlpf ® " :ic:^a•'r t;(:::i�::ti,'::y.`f• ^•''x:M:::ii:::,'c;::n':::": "•mss^.' . "V R Remove / Abandon & Grout IRC- U68 Remove 6" RM & Valve / Fittings 16 LF . 3 • ti q . P - U69 Reset Valve Box to Grade 11 EA- U70 Reset ARV to Grade 1 EA • D0 00 - U71 Reconstruct Re-Use Valve Assembly1 LS r' `I J � ' I 5G a) IRC- U72 Record Drawings/As- Built Survey Utilities 1 LS JIG�US• � 3 ( �j 00, UTILITY IMPROVEMENTS SUB TOTAL Sas -701. 3 MISCELLANEOUS 800 PUBLIC CONSTRUCTION BOND 1 LS 3b 975' °a 3 b 9-7 TRENCH SAFETY COMPLIANCE (OVER 51 ) (SEE SEC. 801 00454) 1 LS 5 /5w06 / 5 TRENCH SAFETY COMPLIANCE (SHORING ) ( SEE / 802 SEC . 00454 ) 1 LS 5 r 5 S • �� MISCELLANEOUS SUB TOTAL co d OVERALL PROJECT TOTAL . �Jr LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN = Ton PI = Per Installation CY = Cubic Yards AS = Assembly AC = Per Acre 00310- 13 F:\EnaineerirH3\CaDbiProjects\0107-53rd St, 58th Ave-US #1 \Contrail Documents\AddendumsUtem¢ed Bid Schedule-0107 Addendum 2 9-28-2010.x15 I ITEMIZED BID SCHEDULE Addendum #2 9/29/2010 PROJECT NAME: 53RD STREET ROADWAY IMPROVEMENTS IRC PROJECT NOJBID NO. : 0107/2011011 £ A BIDDERS NAME : n9r' KFRSn EWRI ® A , INC . ROADWAY IMPROVEMENTS SUB-TOTAL: , SUB-TOTAL AMOUNT OF BID ( IN WORDS) :so [ I T1 �� Ortel. 4h u�l r� d "jNe" kq s� v dal I s TRAFFIC SIGNAL IMPROVEMENTS SUB-TOTAL: 5 SUB-TOTAL AMOUNT OF BID ( IN WORDS ) : (,n UTILITY IMPROVEMENTS SUB-TOTAL: O • 3 SUB-TOTAL AMOUNT OF BID ( IN WORDS ) :_A f 1P �, � � (1 (� r'p � }- �p,� N �` � 1111 11 11 MX1 yQ,rt u r7 kr-ed �� � �/i! ct.� S ,� nl . / h i MISCELLANEOUS SUB-TOTAL: aO • DO SUB-TOTAL AMOUNT OF BID ( IN WORDS ) : -+ I ( a - ( D (, spAn, () � (� �� FORCE ACCOUNT : $300, 000. 00 FORCE ACCOUNT ( IN WORDS) : THREE- HUNDRED THOUSAND DOLLARS AND NO CENTS TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT : .J , g � / ! J TOTAL BID AMOUNT ( IN WORDS) : F1 Q Irl l� , l c��-t� f l Ax> + kD .f SC(Xld >7�1 � � I -t •� e i h -� rel , n ,r � 00310-14 F:fEnaineeringlCaoital Proieds10107-53rd 51, 58th Ave-US #11CorNrad pocumenLslAddendms uUtemlzed Bid Schedule-0107 Addendum 2 9-2&2010.xls Addendum # 1 9- 10-2010 5. 01 Bidder shall complete the Work in accordance with the Contract Documents for the price (s ) contained in the Bid Schedule : A . The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . B . The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D . Unit Prices have been computed in accordance with paragraph 11 . 03 . 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 . 6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6. 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. 7. 01 The following documents are attached to and made a condition of this Bid : A. Required Bid security in the form ofJ7 EON D 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 H . Local Business Certification Form . I . ( List other documents as pertinent) . 00310 - Bid Form Addendum 1 9- 10-2010. doc 00310 - 15 F :IEngineeringlCapital Projects10107.53rd Sl, 58th Ave-US #1 \Contract DocumentslAddendums100310 - Bid Form Addendum 1 9-10-2010.doc a Addendum # 1 9- 10-2010 8 . 01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders , the General Conditions , and the Supplementary Conditions . SUBMITTED on 20L State Contractor License No, .0 G C 0 1P D 19 7 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: 1 a ( � C (SEAL) State of Incorporation : Flor i ,ja , P Type (General Business rofessional , Service, Limited Liability) :� 5�S By: . (Sig re atrAch evidence of au hority to sign) Name (typed or printed ) : Title : Attest (CORPORATE SEAL) (Signature of Corporate Secretary)III Business address : N1 FLI t4 Phone No . : b FAX No . : 00310 - Bid Form Addendum 1 9-10-2010 .doc 00310 - 16 F9EngineeringlCapital Projeclsl0107.53rd St, 58th Ave-US #1 \Contract Documents\Addendums\00310 - Bid Form Addendum 1 9.10-2010.doc Addendum # 19. 10-2010 Date of Qualification to do business is AQ . q YK� 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 - 17 00310 - Bid Forth Addendum 1 9- 10-2010.doc F:\Engineering\Capital Projects10107-53rd St, 58th Ave-US #1 \Contract DocumenWAddendumst00310 - Bid Form Addendum 1 9-10-2010.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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\00430 - Bid Bond REV 04 -07 .doc Rev. 05/01 a , THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Dickerson Florida, Inc . as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety , hereinafter called the Surety , are held and firmly bound unto Indian River County Board of County Commissioners as Obligee, hereinafter called the Obligee, in the sum of five percent ( 5 %) of the amount bid --- --------- ......—....... ------ for the payment of which sum well and truly to be made, the said Principal and the said Surety , bind ourselves , our heirs , executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS , the Principal has submitted a bid for 53RD St. Roadway Improvements I . R . F. W. C . D. Lateral H Canal to Indian River Boulevard - Bid Number 2011011 Indian River County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the PrincJpal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid , then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 8th day of October 2010 . Dickerson Florida, Inc . ( Q (Seal) (bYrthless) By : `1 (Titre) Travelers Casualty and Surety Company of A r' a fS ( ai g r (77tre) Karen K. Beard, Attorney-in -Fact and Florida Licensed Agent AIA DOCUMENT A310 • BID BOND • AIA 0 . FEBRUARY 1070 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1796 N.Y. AVE., N.W., WASHINGTON, D.C. 20000 " Inquiries 828 -236- 1000 " 4 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS J� POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No, 215729 Certificate No. 0 0 18 5 14 9 7 KNOW ALL MEN BY THESE PRESENTS : That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, 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 North Carolina 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 petmitte&in any�aations or proceedings allowed by law. t �t IN " as; 5th da of THE enIPOF, the Compatti ave caused this inst � ertt%to`be signed.and thet> corporate seals to be hereto affixed, this ecem er Y wUl y Farmington Casualty Company a , � St. Paul Guardian Insurance Company Fidelity and Guaranty InsiiranceCompanySt. Paul Mercury Insurance Company Fidelity and Guaranty Insu 'anihc 'Underwidi rs, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ��pygLyS � �L gyp .,. ly ' VF10.E 6 ' 40 OY t� (1 '•^ Nta'1 a i �ItOpVO RAI!°� W`'�PPORgl '��P, PY oGm ,�11Y0 KWWA �a 1951 m o NARTFCRD, OWL < JISEAL /O" j1 ' O CONN. n •,7, t 4 # �. o' NEW f� State of Connecticut sy : City of Hartford ss. Georg Thompson, enior ice President 5th December 2006 On this the day of 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 . , Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, 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. G•T� In Witness Whereof, I hereunto set my hand and official seal. ' WAAAr C , My Commission expires the 30th day of June, 2011 . � '0i!/B110.� Marie C. Tetreault, Notary Public CCS' 58440-5-07 Printed in U. S.A . WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ^ This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc. , Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, 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 Attomeys-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 sea] 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 bindi Company in the future with respect to any bond or understanding to which it is attached . ng on the I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaran Underwriters, Inc. , Seaboard Surety Company, St. Paul Fire and Marine Insurance Cqmpany^ St. Paul Guardian Insurance Company, St. Paul Mercury Insurance ty Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety,n� oimpany-<iffgmericAat and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power,<A e ecuted b ' saio Companies, which is in full force and effect and has not been revoked. ' . IV IN TESTIMONY WHEREOF, I have hereunto set my hand an eked th sel 0 said46 ` �V YJ vV s panes this day of 20 �. 41 Kori M. Johans Assistant Secretary p/.SUA�� S1�tEry ptRE pr�°R♦A� L � * 'r� a j4f .Co VIA, SEAL%c" 'ai38AL .t° C n oaNEl. ' R a 1896 OFryEW LFANG6 .• :du r. To verify the authenticity of this Power of Attorney, call 1 -800-421 -3880 or contact us at www. travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SWORN STATEMENT UNDER SECTION 105 .089 INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS , 1 . This sworn statement MUST be submitted with Bid, Proposal or Contract No . 2011011 for 53rd Street Roadwa i Improvements IRCWCD Lateral H Canal to Indian River Boulevard) . 2 . This sworn statement is submitted by; (Name of entity submitting Statement) whose business address is : 0111 rcr 3 . My name is Lr (Please print name of individual signing) and my relationship to the entity named above is OL 4 . I understand that an "affiliate" as defined in Section 105 . 0 8 , 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. ] J Neither the entity submitting this sworn statement, nor any officers , directors executives, 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00452 Disclosure of Relationships.doc Name of Affiliate Name of County Commissioner or entity or employee Relationship (Signature) SGT tQ q o I ,—' (Date) STATE OF 0 C JQ� � COUNTY OF `7'T L ( A C The foregoing instrument was acknowledged before me this g day of r0 �� 22016 b Y 4' AW)ey - L F who is pe;,snnal1Y lrnown to me or who has produced as identification. NOTARY PUB I SIGN : PRINT : IqN7 0 / 64ETTc= Notary Public, State at large My Commission Expires : ANTOINETTE pMRAM NOTARY PUBLIC STATE OF FLORIDA • Comm* EE028292 ' *'res 9/29/2014 00452-2 R\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00452 Disdosure of Relationships ,doc SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER") , OR ITS AUTHORIZED REPRESENTATIVE , IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Project No. 0107 Improvements IRFWCD LatRiver Boulevar eral H Canal to Indian for 53 `d Street Roadwa dl _ 2 . This Sworn Statement is submitted by ( < 3 C � I� (Le 00 Name of Entity S bmf Swom tateme t) hereinafter " BIDDER". The BIDDER ' address is _ BIDDER's Federal Employer Identificat1111111 io1111 n 11 11 1111111111111111111111111 Number ( FEIN ) is 3 . My name is .. I� .R ` �� Print Name of Individual Signing) and my relationship to the BIDDER is (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 sea 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 $ _ 6 I'll 9 Jr 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: SLo�� The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER . Such methods will not be checked by the OWNER or ENGINEER for accuracy , completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER 's compliance with the Trench Safety Standards , 7 . The BIDDER has allocated and included in its bid the total amount of $-S/5 . 00 based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by ,i stituting the following specific method (s ) of compliance on this Project: 00454 - Florida Trench Safety Act - REV 04-07. doc F:\EngineerinoCapital ProjectsW107-53rd St, 58th Ave-US #1 \Conlrad Documentts100445 - Florida Trench Safety Act - REV 04-07 .doc The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER . Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 8 . The BIDDER, in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that based on such information and the BIDDER's own information , ' h sufficient knowledge of the Project's surface and subsurface sitecondit ons and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety System(s) for the Project. BIDDER : b G k (l L,7D�, OLf Inc, ,it By: Position or Tit 1 " l Date : or. STATE OF _ (� (� ou COUNTY OF Personally appeared before me , the undersigned �- g d authority, wh �fter first being sworn b me , affixed his/her si nature in the space provided above on this 1�' day of 20 Notary Public, State at la OINETTE pETERSM NO ARY PUBLIC My Commission Expires STATE OF FLORIDA • Comm# EE026292 ExPirss 9/29/2014 * * END OF SECTION 00454 2 00454 - Florida Trench Safety Act - REV 04-07.doc F:1Englneenng\Capital Projects0107.53rd St, 58th Ave-US #I\Conlract Oocumentts 00454 - Florida Trench Safety Act - REV 04-07.doc 3013•e1ieuuoiyseno suOI)MUpenD • 9S600\sjuawnoo3 'oequoo\ l# sn-k WBS '1S PI6S-L01,0151300.1d Iupdeo\6uu8au1ou3\:d oop ajieuuoijs9nC) suopeogilenp - 89400 - 95b00 /v � suol;eln6aJ VHSO Aue 6u !;elo!n JOJ VHSO Aq Pa6Jeyo uaaq JaAa wJY ay; SEH g [ * passasse uaaq aney s96ewep pa;ep ! nb! l yolynn u ! ;oafoJd pea Jol .iagwnu auoydala; sdeumo ay; pue 'Jaumo ` aweu ;oell ay; ;sil pue seoue;swnomo ay; su ! eldxa ;ey; aJ !euuo!;senb s! y; o; abed a;eJedas a yoe;;e uay; ' say(„ s! 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JaMsue JnoA jI ] ' 0 ` jnoA o; papJeme Niom a;aldwoo o; paleJ Jana Wig ay� se H ' 9 Zpa;aldwoo sey Wig ay; ;ey; 3an.M SIHl 30Pell ;sal ay! s! ;ey /N 5 Z ;oeJuoo sly; ul panlonu ! adi(; ay; joNJonuo!;onJ;suoo ui Jo oeJua0 t se u ! qQ s opad sey wJU. ay; sJeaA jo JagwnN 'sJao! }o Ile !;ua sseulsnq ay} sa;eopu !10 sal; ; pue saweu ay; s;sll ;e ; pue ani oes! sn;e; s s, y;ey; suo !;eJodJoO jo uo!s!n!a epuolj o a" e;Say; woJ} uo!;e;uawnoo p yoejlb' o s,JoloeJl.uoo }o Rdoo a qoe;;y] [P! q ay; o; asueo!l : ON asueoll Jo;oeJ;uoo s ,Japp!8 • q 5a 1 L;uaJJno esueo!l Jo;oeJ;uoo sl • e : sn; e;S a;eJodJoo pue 6u !sueo !l • £ Ilk k IlIkk L : sJagwnN Xd3 V auoydalal sJapp! 8 'Z, a J y - :ss9uP / aweN sdapp! 8 L uelpul o; leuea H IeJa;el C13 I lI s; uawanoJ wl numpluoij Jeoi 1pJenalno8 39n121 �S p kCG : aweN ;DafoJd LOW *ON ;oafoJd y;Inn pa:nlwgnS uOpewownooa se s;aays Ieuo!;! ppe yoe}}d ' pannbei Jepp! 8 a Alenbs! p o; uo!; eog!;snf ;ua!ojns paJap!suoo eq (ews;uawaJ! nbaJ asy� y;! (i eo; aJnl1e3(oeJnooe pue yru; ay; saa;ujen0 pawe; uooulejeqsJOmsue pue s;uawa;e;s !le ;opPu6! sJapun ay; `Aaf ruBd 30 Al"I' 3d ;daaNn -NON 30 S (118 3Hl 103nl Ol N0I1380S1 (I 3Hl SNIV138 83NMO 3Hl 30O 1ION 3211dNNOI1S3f1 SNULLVDIAlivnt) - 95V00 N01133S [ 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 . ] 9 . Has pthe firm ever been charged with noncompliance of any public policy or rules? N [ 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 an Qther infArmation tht documents the firm 's financial strength and history . W I t_ L. 5 GW Ly (,cam o N A W A P -t 11 . Has the firm ever defaulted on any of its projects ? NO [ 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 : 8e, rn I f, Vr 1 I Date of Inspections : 14 . Name of on-site Project Foreman : f1le C, Number of years of experience with similar projects as a Project Foreman : 15 . Name of Project Manager: _(� 0Z / 1/ Lr=l 01P 4 n�c� U11044201 (:" L Number of years of experience with similar projects as a Project Manager: 16 . State your total bonding capacity: , DOD i ( ) Q 17 . State your bonding capacity per job : 0 1 OD b / d w 18 . Please provide name, address , telephone number, and contact person of your jU&Ty AGS NC/ bonding company: / akJ Crnelk. kd `� i,-& d%he vi) /e , Nc age/) : karen d [The remainder of this page was left blank intentionally] �� � U6D 00456 - 2 00456 - Qualifications Questionnaire. doc F:\Engineerjng\Capital Projects\0107-53rd St, 58th Ave-US A1\Contract Documents\00456 - Qualifications Questionnaire.doc 19 . Complete the following table for SIMILAR projects : t, fi4 Qc Ac d Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount 00456 - Qualifications Quesdonnaire .doc 00456 - 3 F 1Engmeenng\Capilal Projects\0107-53rd St, 5M Ave-US #11Conlract Documents=456 - Qualifications Questionnaire.doc DICKERSON FLORIDA , INC . change order Job # 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 517369919 5 ,7383291 4/30/2009 19372 FDOT 3601 Oleander Ave. Ft. Pierce, FL Carolyn Gish (772) Mill & Resurface Interstate L3480 SR 9 195 FDOT Martin Co 34982 489-7081 195 Boyle 10,277 ,000 12, 134 , 369 5/11 /2009 1 ,857, 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) L3487 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 Tum Lane High Meadow 34996 (772) 288-5927 Construct & Pave Tumlane 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 FL 34982 462-2097 Re-slope & Matt Canal Miller Legg 329 , 992 329 , 992 7/31 /2009 - \\Sbs01 \Data\Company\Estimating\D-B projects\references - completed projects .xlsx 10/5/2010 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 Kimle Horn 187 , 803 224,735 7/31 /2009 36 ,932 Martin Co 2401 SE Monterey Rd . Stuart, FL Don Donaldson 3903 SW 69th Street - Pervious 34996 (772) 288-5927 Asphalt Paving Martin Co 126 ,472 1249648 8/31 /2009 (11824) FPL 6501 S. Ocean Dr. Jensen Beach , Wyatt Jenkins 3442 Drainage Improvements - FPL FL 34957 w Jenkins cQ I . com GZA GeoEnvironmental , Inc. 1 ,346,200 2 ,361 ,284 9/30/2007 11015, 084 FPL 6501 S. Ocean Dr. Jensen Beach , Wyatt Jenkins 3461 Haul Path FL 34957 w 'enkins aQ I.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. 597009000 42957 ,048 11 /30/2006 (742 ,952) Okeechobee Co 304 NW 2nd St. Okeechobee , FL Jim Threewits (863) 3463 1 Okeechobee Airport Runway 34972 763-4458 airport runway construction Avcon 11278,211 19701 ,050 2/28/2008 422 , 839 St Lucie County 2300 Virginia Av. Ft. Pierce, Mike Powley (772) 3454 Prima Vista FL 34982 462-1707 21414 ,087 21694,865 1 3/31 /2008 280, 779 \\Sbs01 \Data\Company\Estimating\D-B projects\references - completed projects.xlsx 10/5/2010 �.:::� .� ..c :::a' `a .;:»�, .g � . .ri.} � .``» Ne. tas�v sRiw^ ..fi. . ,.� » , '. "+ S+: t<<.:. ,✓ .4_._ *d.-frii%. ,..s , . _ � Ncd c.Nr sif<ua. � +„iy-y w„ . ryaxy y ,.? 4 4 ?',zF'. �...;.t' �,. fi�� .+. ;-y 'dn 3C 'z x�,. ,p^�',.I✓"'i' �'�Ty ° sS i sv,?.i � ' .. 'E a''7 'a' �. I. a .i. a`Sm�� �` 4 ?� '� : " :.�-.::- `, .,.'�'A� t# � . �3 x:. ,: . u t - 'F j s.::;..' . s"� sr� w+ s, �N• Y ��r a' ._ 5 ^r. '•f „s ... .� � _ � <. �. s,. ;r. pr �• ,�.. ✓ {��; a � 5 a, _... w �.,.._ ' �' �+ i,, '�.:r�. , r. J:', ` ,rw- .,.,.,r +w _ 'Z,. St .. .. . z �¢ , � ,. t � » "r '� ..Pro ect�.Namea = � - - ClientlCo n_, tact Infor ,:Start-End Dates "> „� Pro ed.Cost�r�.:� Descri ; �' �,�', �� , k G' �i aa�y 3'3tk9: }. �x� �'.�,2 : r{�,�"', vs _ �. ^ �, �.rF .�' �:?: � r , � �__ *{� •,'� �'# '#+M E �'�*..:- s S. . Fr „4 < , �r ,� �,, '' # ^. ' i"�S IN I Lakeside Ranch South Florida Water May 2009- $ 15,475, 000.00 Construction of a 1200 acre above ground Stormwater Treatment ay STA North Mgmt District John Ongoing Area includes clearing , excavation , embankment, storm drainage 4 4 Creswell 2101 and construction of poured-in-place concrete control structures. Centrepark West Dr. Suite 110, WPB 33409 SR AIIA - 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 $ 12, 1349369 . 00 13 miles of milling & resurfacing , sign replacement, exotic 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 County P. E . 3601 Oleander April 2010 section approx 4 miles . Includes construction of 12' Shared-Use Ave. Ft. Pierce, FL Path , construction of 2 new highway bridges and 1 dry bridge, 34982 guardrail , drainage, striping and signs. e ay;'*:{~{ * nw wr -v Mx✓ - ,,i -. -wg< se rrx i a :_ ,r� �+ .�'. - �.wfL#'*#. w'., r ",s 'Tt .^r.,.v is _ !y ."°�:�frSttt v ,, . �`e n• a ' ;,e�'• -., m y art, '. .r:.N ;�, � , ;, ;h a '.alr�` a.� ., ,.-. .:k . ,: > a ,. 4�. [ , . h '3, , r � .. S"#'. ,:r^�*' '7�{�3K ,..; 5i s} 1€.ti' v.�T� . hR . �r «,'.�" ,%rz"`": `tM ,s °: : ',zy�'N .;-4Y >� t fn• . ' " 'G '�� ' � 'y�`r,��'^ ,.�'.h, 'r.s+r rs .. ++ �x ;:k't,'.".e >'i fr :,} i ., ',� ``e` `3.� ...;. .'f ;� ,u� ` . q.,a -T�` x :°.€' .r meq;'.«ns :4 .'t , ' , .cs ; 'f { ✓s, w erg 's. mg Fp,. ..ny, Er r . 'ki n�: -.S#F3+s+ y. ' r .,,1." N. , ,E€,�i . ! 'n. 1 �e�a4�i. ;§ : 1 F . .t .(a.`�f{y "}yp��.[�' z gs• * �3� � t • � a � � u� j� �4A�� y ��4. , µ,.rd yyVaa ��� , wx, „•. v a i'i � � ;., s -� . : ,- ;��� v 1yf. , ,. , �+y�s�tc�„ M � .,. .� ,.,. � F ' a � F x " . rfi � x .y .. , ,. ; : , ¢r � .a. . Soil Improvements - FPL 6501 S . Ocean March 2006- $40957,048.00 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. [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: tFb/ f (Signature) L- ( Position or Title ) OC 7T '9 / D * * END OF SECTION ( Date ) 00456 - 4 00456 - Qualifications Question naire.doc F:\Engineering\Capital Projecls\0107.53rd St, 581h Ave-US #1 \Contract Documents\00458 - Qualifications Questionnaire.doc State of Flo , taa Department of State 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 , 2010 , that its most recent annual report was filed on January 20 , 2010 , 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 Twentieth day of January, 2010 t s; w � Secretary ®,f State Authentication ID : 500166739695-012010472845 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https ://efile.sunbiz. org/certauthver. html 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 allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 0107 for 53rd Street Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) Work to be Performed Subcontractor's Name/Address 2 . (1�de� l ► ,c� ► 049 si a -(I a . 3 . -� (' t�j G t o 11 O C= -� e ' S S + r I — 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 , 15 . 16 . 17 , Note : Attach additional sheets if required . * END OF SECTION 00458 - 1 00458 - List of Subcontractors REV 04-07 . doc F:1Engineering\Capital Proiects\0107-53rd S4 58th Ave-US #1 \Contract Documents\00458 . List of Subcontractors REV 04-07.doc Section 00460 Local Business Certification Form To receive Local Bid preference, this certification and copies of all required documents must be submitted with your Bid package. " Local business " shall mean a business that meets all of the following criteria : (a ) Has had a staffed and fixed office or distribution point, with a verifiable street address , located within Brevard , Indian River, Martin , Okeechobee , Osceola , or St. Lucie County for at least one ( 1 ) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County . Post office boxes shall not be used or considered for the purpose of establishing a physical address ; and ( b ) Has had , for at least 12 months prior to the date of the advertisement for the particular good or service being solicited , a current " Local Business Tax Receipt" issued by Brevard , Indian River, Martin , Okeechobee, Osceola , or St. Lucie County, if applicable ; and ( c) Holds any license or competency card required by Indian River County, if applicable ; and (d ) If the contract is awarded , will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower-tier subcontractor, materialman , or supplier. 1 . Company Name : K:e450 � r 2 . Address : n20 3 . If applicable , Contractor License or Competency Card # : C G-C (D -] 4. PLEASE ATTACH COPY OF CONTRACTOR LICENSE OR COMPETENCY CARD 5 . If applicable , Business Tax Receipt #: Ip 6 . PLEASE ATTACH COPY OF BUSINESS TAX RECEIPT �� 7 . Phone Number: 7 7a �p29 y g . Fax Number: 77 9 . 1 hereby certify that, if the contract is awarded , the entity set forth in item 1 above will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower-tier subcontractor, materialman , or supplier. Signatu Name and Title : AetkbE N r VENDOR PLEASE DO NOT COMPLETE BELOW To be completed by an authorized representative from Indian River County Purchasing Division : Meets definition of Local Business _ YES _ NO If NO , provide reason : (Authorized Signature) Date : 00460-1 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00460 - Local Business Certification Form revised 08-20- 10 .doc 2010 / 2011 ST. LUCIE COUNTY LOCAL BUSINESS TAX RECEIPT FACILITIES OR ACCOUNT 1500- 20000007 BOB DAVIS, CPA, CGFO, CFC, ST, LUCIE COUNTY TAX COLLECTOR EXPIRES MACHINES / ROOMS SEATS TYPE OF 1500 BUILDING CONTRACTOR / GENERAL CONTRACTOR EMPLOYEES 140 September 30, 2011 BUSINESS BUSINESS Lary Thomas Dale NAME Dickerson Florida Inc �iOLL�� MAILING Dickerson Florida Inc ADDRESS Larry Thomas Dale �' ® x RENEWAL PO Box 910 at ladt NEW RECEIPT Fort Pierce , FL 34954-0910 C" TRANSFER- too$ ORIGINAL TAX BUSINESS 3122 N 25th St $ 27 . 55 LOCATION Fort Pierre, FL 34946AMOUNT St Lucie County • 0PENALTY$ 27 . 55 rL C OLLECTION COST 1428-602-0028-000/7 F72845 TOTAL $27 . 55 NO : CGC-060797 07/07/2010 25- 20100707-001918 27 . 55 Credit card Law requires this Local Business Tax Receipt to be displayed conspicuously at the place of business in such a manner that it can be open to the view of the public and subject to inspection by all duly authorized officers of the county . Upon failure to do so , the Local Business Taxpayer shall be subject to the payment of another Local Business Tax for the same business, profession , or occupation . Pursuant to State Law, all Local Business Tax Receipts shall be sold by the Tax Collector beginning July 1st of each year and shall expire on September 30th of the succeeding year. Those Local Business Tax Receipts renewed beginning October 1st shall be delinquent and subject to a delinquency penalty of 10 % for the month of October, plus an additional 5% penalty for each month of delinquency thereafter until paid ; provided that the total delinquency penalty shall not exceed 25% of the Local Business Tax for the delinquent establishment. In addition to the penalty , the Tax Collector shall be entitled to a collection cost fee of from $ 1 . 00 to $ 5 . 00 , based on the amount of the Local Business Tax , which shall be collected from delinquent taxpayers after September 30th , of the business year. This receipt is a Local Business Tax only . It does not permit the Local Business Taxpayer to violate any existing regulatory or zoning laws of the state, county or cities. It also does not exempt the Local Business Taxpayer from any other taxes, licenses or permits that may be required by law . Local Business Taxes are subject to change according to law . UJEC EOVE JUL I Z ZOt ® DICKERSON-FUo`��0� Dickerson Florida Inc Larry Thomas Dale PO Box 910 Fort Pierce , FL 34954-0910 ♦ r w 1f . y i' l SIF �ay�\j;� �� µ5..} �,..•' :m� 7, a . ^-�,� ,�'why.�}.N,`�'--'.'�/ ���7�;f'�,krC��Cvj^'ff'.�,�) `�` 1' ? 4� f •--"xS.�,��,,l ,l��,.�}�_/•.•.. 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"K".7 M �� �`{� " ' � �}�4 �.'.ry1GJ .TiG .5,�'/ " � '+• /1 ,+•,:1 ,f^., . 1.{•-.. , '!id. �.7� �t„ob,� � *Sd 4� r'� r�i` � `� � �+\Y %'F"..' ��� � l�;t y' J . /.{ � �i fi4r�} � '�'hj Jl�?k�� ,+S. .�y '�ll��,.�.., 4 ��A-..l^ ',�^ .� � � / . :. y �f . i 1 Y .� p� �ft�y� Y«'� "4'IY"'4��' y + .. , , . ♦ yk��r�,�Jf t• � J r , � i /«;L" Y .Y'` ° �. !yam '' i'r. ��,/JL r. =� � ! r �,{;+ �'f4i11,�Ai3�'�l x --��t'1��" Y•\ �-'� � �' ..�` �`f 1. < ' +-' r++� ��1't �Y'I S .) V Indian River County �® Purchasing Division 1800 ' 27 th Street z ►� Vero Beach , FL 32960 Phone (772) 2264986 Fax (772) 770-5095 ORIS ADDENDUM NO, 1 Date : September 10, 2010 Project Name : 53rd STREET ROADWAy IMPROVEMENTS FROM IRFWCD LATERL H CANAL TO INDIAN RIVER BLVD BID NO. 2011011 PROJECT No . 0107 Bid Opening Date : The Bid Opening date is Friday. October 8 , 2010 at 2 . 00 p . m Pre-Bid Conference : Monday, September 27, 2010 at 10 . 00 AM Indian River County Admin Bldg "B " Room #B1 -501 , 1800 27th Street Vero Beach , FL 32960 Bidders are highly encouraged to attend 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 ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten (10) calendar days prior to the date for opening of Bids shall not be answered. 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 , FI, 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Page 1 of 2 F:IEngineeringlCapital Projects10107-53rd St, 581h Ave-US #] IContract Documents L4ddendums[Addendum #Ldoc CLARIFICATIONS / CORRECTIONS : Utility Improvement plans have been added as part of the subject project. The Itemized Bid Schedule Under sub-section Utility Improvements has been revised to add Items IRC-UI through IRC- U71 . Also, included with subject addendum is a technical specification labeled "Measurement and Payment" . ATTACHMENTS : L Utility Improvement Plans Dated September 10'', 2010 . 2 . Itemized Bid Schedule Dated September 10h, 2010 . 3 . Technical Specification Section 01025 "Measurement and Payment" . * * * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * ADDENDUM NO. 1 is submitted byC� � Lei 4 and Michael D. Nixon , P.E., Roadway Production Manager Je Dav ' , Purchasing Manager Company Name I ) C Name : L 4a J r - bJQ LLQ Title : 1.45 S � L (Type / Printed) Authorized Signature Date : Telephone : / / Fax : `7 Ll 1 Page 2 of 2 F.•IEngineeringl Capital Projecis10107--53rd St, 58th Ave-US # II Contrail DocumentsL4ddendunuL4ddendum #1. doc Indian River County Purchasing Division 1800 27th Street Vero Beach , FL 32960 Phone (772) 2264416 Fax (772) 770-5140 Rl�� ADDENDUM NO , 2 Date : September 29, 2010 Project Name : 53rd STREET ROADWAY IMPROVEMENTS FROM IRFWCD LATERAL H CANAL TO INDIAN RIVER BLVD BID NO. 2011011 PROJECT No. 0107 Bid Opening Date : The Bid Opening date is Friday, October 8, 2010 at 2 . 00 p. m A Pre-Bid Conference was held on Monday, September 27, 2010 at 10 : 00 a . m . in Indian River County Admin Bldg " B " , Room #B1 -501 ; 1800 27th Street Vero Beach , FL 32960 and the meeting minutes are hereby incorporated into the subject addendum as an attachment. 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. PLEASE NOTE THAT ANY FURTHER QUESTIONS RECEIVED PRIOR TO THE DATE OF OPENING BIDS WILL NOT BE ANSWERED. 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 1 of 3 F. tEngineetingl Capita! Projec1s10109-53rd S; 58th Ave-US #IlcontraciDocumentsL9ddendums{Addendum #2. doe CLARIFICATIONS / CORRECTIONS , The following pay items under the Itemized Bid Schedule have been revised accordingly : Added New Line Item: 104- 13 Staked Silt Fence Revised Quantity: 120-6- 1 Embankment (Compacted In Place) Added New Line Item: 285 -704 Optional Base Group 4 (6 ") (Temporary Base) Added New Line Item : 334- 1 - 13 Superpave Asphaltic Concrete (Type Sp- 12 . 5) ( 1 .25 ") (Temporary Pavement For Mot) Revised Quantity : 425 -2-61 Manhole Type P- 8 Added New Line Item: 550- 10-28 Reset Existing Fence Revised Quantity : 580- 1 Cabbage Palm ( 14'- 16' Height) (Furnish & Install) Added New Line Item : 580- 1 -4 Pine Tree ( 12 '- 14' Height) (Furnish & Install) Added New Line Item : 5804 -4A Relocate Existing Cypress Tree (Approximately 6'- 8 ' Height) (2 114 " CAL) Added New Line Item : 580- 1 -413 Relocate Existing Oak Tree (Approximately 10'- 12' Height) (6 "- 8 " Cal) Added New Line Item: 580- 14C Relocate Existing Crepe Myrtle Tree (Approximately 4 '-6 ' Height) (2 " -4 " Cal) Added New Line Item : 710- 11 Painted Pavement Marking (Prior To Thermoplastic) The above tree relocation/new tree items (580- 1 -4 through 580- 1 -4C) are within the Tarmac site which is located at the southwest comer of the FEC railroad and 53rd Street. The existing trees are primarily located along northern bank of the stormwater pond and will be relocated to the east and southern banks of the existing stormwater pond. Also as a part of the subject addendum the following plan sheets have been revised : Phase I Sheet 7 : Revised/Added quantities Phase II Sheet 10 : Revised/Added quantities Phase II Sheet 13 : Added 5 ' Temporary Construction Easement within the Walgreens Site Phase II Sheet 14 : Added 5 ' Temporary Construction Easement within the Walgreens Site. Added Structure S-2 . Phase II Sheet 16 : Revised invert elevation at Structure S -39 Phase II Sheet 24 : Revised invert elevation at Structure S- 13 Phase II Sheet 35 : Added 5 ' Temporary Construction Easement within the Walgreens Site . Also as a part of the subject addendum questions raised by plan holders and answers to those questions are indicated below : Question : Does IRC Local Preference apply to this contract? Answer: IRC attorneys have been authorized to draft a resolution repealing the Local Preference Ordinance. This resolution will be heard by IRC Board of County Commissioners on October 5, 2010. If the existing Local Preference Ordinance is repealed at that meeting then an addendum to all the plan holders notifying them of the change will be sent. Question: What is the maximum weight limit that IRC will allow crossing Lateral H Canal bridge? Answer: Any vehicle that is Florida Legal is permitted to cross the Lateral HCanal bridge. Vehicles that are not Florida Legal will require evaluation on an individual basis. Page 2 of 3 F.•IEngineeringl Capita! Projerts10107 53rd St, 58th AY&US #11Contrail DocumentsL4ddendxm tAddendnm #2. doc PLEASE NOTE THAT ALL PROSPECTIVE BIDDERS MUST SUBMIT EXHIBIT B "REQUIRED INSURANCE COVERAGE" BY PULTE GROUP AS PART OF THE BID FORMS. As part of this addendum a stockpile location map with a hauling route has been included as attachment no.3. The hauling route on the subject map is only a suggestion and the prospective bidders can investigate alternative routes . ATTACHMENTS : 1 . 53 `d Street Roadway Improvement Plans Dated September 29h, 2010 . 2 . Itemized Bid Schedule Dated September 29`h, 2010 . `d 3 . 53Street Roadway Improvement Stockpile Location Exhibit Dated September 291h 2010 . 4 . Pulte Group Required Insurance Coverage Exhibit B 5 . Temporary Access License Agreement 6 . Pre Bid Meeting Minutes * * * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * ADDENDUM NO. 2 is submitted by. 0���0fe Michael D. N ' on, P.E. , R and oadway Production Manager Jerry Da is, Purchasing Manager Company Name I Co k C ( j 0 n � I Name : 6� - b aJ Title : (Type Printed) Authorized Signature : ODate : G I Telephone : l� • � aq . qq C) Fax : —I Page 3 of 3 F.•IEngineedngiCzpita/ Projeds10107-53rd A Sft Ave•US #IlContractDocumenalAddendunuL4ddendum #I. doc Indian River County Purchasing Division 1800271h Street �,, , • Vero Beach , FL 32960 Phone (772) 2264416 Fax (772) 770-5140 ' ®Rl � ADDENDUM NO . 3 Date : October 5, 2010 Project Name : 53rd STREET ROADWAY IMPROVEMENTS FROM IRFWCD LATERAL H CANAL, TO INDIAN RIVER BLVD BID NO. 2011011 PROTECT No . 0107 Bid Opening Date : The Bid Opening date is Friday, October 8, 2010 at 2 . 0013m . 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. PLEASE NOTE THAT ANY FURTHER QUESTIONS RECEIVED PRIOR TO THE DATE OF OPENING BIDS WILL NOT BE ANSWERED, 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 2 F.•IEngineeringiCapital Projects10107--53rd S4 58th Ave-US #BContractDocumentsL4ddendum L4ddendum #3. doc y CLARIFICATIONS / CORRECTIONS : The Local Preference in Purchasing or Contracting Ordinance for all bids currently in the bidding process will remain in effect. On October 5 , 2010 the Indian River County Board of Commissioners repealed Section 105. 041 , Local Preference in Purchasing or Contracting Ordinance which means that the Board has decided to sunset the existing ordinance. however, for all bids currently in the bidding process, the ordinance will remain in effect and will still apply to this bid . Therefore ; Section 00250 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING and Section 00460 LOCAL BUSINESS CERTIFICATION FORINT shall remain a requirement of this bid . * * * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * ADDENDUM NO. 3 is submitted by and Michael D. N ' on, P.E. , Roadway Production Manager Jerry Davis , Purchasing Manager Company Name I G kc C -'5m lb r' � c�cL l n C Name : Lr4 r q io�i !J aile . _ Title : (Type / Printed) Authorized Signature Date : , '} Telephone : �7 �7a - q � 2 Fax : Page 2 of 2 F:IEngineeringl Capital Projec&10107--53rd S4 58th Ave-US #11Contract DocumentsL4ddendumsL4ddendum #3. doc E$HIBIT rrElf; PI � •a s� :5 Opt � o, ch� d SC�m� PIe. - � n5u.�-� c,e cert � � % ca-�e air► �',(1db �5ern 5 PulteGroup , Standard Insurance Corn plfance r% "cwf�_ fJonExempt3ubamMradors - avIalcm ik vendor rdamm Division NWM3 vendor ata /M tmenunl•' DIWSfoMOO IdeOt Dot* � IroraaowAavrt _ rtarea - . 1 Aeint «was f ta of Insu n fns! a sg•up. Ina Ib ore W&ffles end amabs" or appropriate enfgy as the Cerw4ata Ndder. d Insureft ooverage b primary. rarece eompmnys A ML Best Reding b at baAAr VII (wwwjmbmLc m) Madsenblas andbr Salf•kmumd Rejab on values Preferred but net regW d General Liability Coverane Poncy Is an o=um = toms pdicy, ' LIMMS Of at least $1,000.000 Per ocaxrenoe. 91.000.000 praduest•oomAlwwci apa i adom and $1 ,000,000 aggregate Poky contains ax0adeaal Nibflky OOvaraye• ' Waiver of SWxagadon b favor or PUNSG OUP. Ina Ib xes Aftw and affill d08 provkW& does not aORlBira pe r0rard aairts(otuary IarguaBa and aVIdOrICmd on alae Cartklrab ssfOfOwa "No a7acllsbnery btapcaeg9 Or firnbows feb q fa MIMandai CoraahOcdOfk ODORIWurns, mWtf•fan*. or mWtpmit dwee W AOWUaral laeaa4 EnAor�ea� naainR ?aOaGhup ba Ns amol®aka aW tlN'aJmr b P>bdMd. A�aprel bratnM Eadoberrranlil@ -BB fat least as toad oaf CG 201011!86 -Coves' IfablBty arising out of Yawwgving oD�Ons and Oattptelad opmado0s 4WOnlah compiamd operation covmrVe omxr8h the atahsbm of tf<nttatbxaa orreposm period for Owamxft decoct and P micb Ud&V work in the stake when lheWork lobeing peROrmad . -Provide coverage b the auk mdwd ce Cotdraebors.covsragRevert K such9efatal links ma sed ea mlNmum limb requkw by " aWc nteot -NOT OMW* lhdd MW verbiage Auto Liability Covaraaa: 'Certeln oaaePEt w w@ allowed Sem hwuranee Exception ChsdaBat forparmissablo mccs06mm ' Cwf ted single Rea of $1.000.000. Coverage aPpBes to any mato, inclydag awned, rXmvwned, and Mad winos. TUMGMA Inc. ft subs akfies and afiinles" Is added as an addkhxml Irmus& Workers Compensaflon Cew "ago: 'Ceria6rmr0arptionaamallowed SeeGrsiaance Evcmftn Cuomo fwpermk"blemmePtiawr. S ry Workers Compensa8oe prwWed. Liebe ftmits of $5000000 emc soadenk 9900,000 aggragub pofky InA ft disease. 9600,0oo each employmQ Waiver of Subiogatfon In favor of "PulW=A him its WWdfams and a0abe provided. ' Evklarnm ct COVeraga In the sfate(a) Of opmraWn per Rem 3A of the hda maden Page ed Oro Wodwm ConVensafim pdky, Umbrella or $]crass Coverage (if trerrfed by aha co a�. . •"- •Protedi0rt atfore�d PuOe aim! be ffi Mmd or broaderfttan � present M abs andadying lnarxfatrc�. ' 'Each umbreka or amass pokq sties atom kawaawm prwAded Im pdmary, ' ha00rtrit - Contractor has agreed per the master Tladg Conti actor AOramnet to pMfnBtbat au 0f &I Su o0ntraetors and su0011e16 be bound to mdemp& a — . Submit all ahmidfsty and accompMmg efmMMm s d1moft to paitatlde rY �*M or rmr. lo-20� ' )nstnance Exceptions Checklist . EStandard) r Melon #: Vendor Name Otvlsbon Name: Lawson ID No, Division Corded Dale Penes: PUN* Hiring ene Standard Excsndonw, For 3Yandmd WahwT only, p1mw chart the appropriate baa: and tuburkform 10 pulte@e&zcom Auto LIAM Coveraoe: Rpo rat have oommardal coverage - som pt personal auto with lowerlimb - mustsubmitaetter stating they ere sole proprietor ledeorrbactorlprof rsdon al does not drive on Pulte's behati or on or about Ptdle's premises - no auto Ilabilty required Workers ComoensaBon covarnao: Suppler does not come on skew no vvodrers compensation required wwww Stats fund - no waterer of subrogation available (this applies only to some states) State fund - wai,rer of subrogation Is available (fhb applies only to some states) A.M. Bast rating Is A- M (below required rating of As NAQ Self Insured Employer - must provide Certificate of Good Ste riding from state and waiver of subrogation leper State noAlsdons do not req ulre workers compensation Coverage, SperJfy state(s) and juslilcation befow. Sia s) Justlik:adon J Standard Insurance Clause Exempt Subcontractors This is a summary of the Insurance Section xx of the xxxc Agreement Contractor shall cant', with insurance companies rated A- VII or better by A. M . Best Company, the following insurance coverage continuously . during the life of this Agreement, and thereafter as provided •below:: : Li Commercial General Liability Coverage. (a) Commercial General Liability Insurance C CGL' coverage shall be on an occurrence form containing limits in accordance with the provisions of Schedule 1 to this Exhibit , protecting against property damage, bodily injury and personal injury claims arising from the exposures of: (i) Premises or ongoing operations; (ii) Products-completed operations, which shall : (A) cover materials designed, furnished and/or modified in any way by Contractor, (B) have a separate aggregate limit at least equal to the CGL per occurrence limit; and (C) be maintained through the longer of the statute of limitations , orr repose period for construction defect and products liability claims in the state where the " Work is performed. Policies and/or endorsements cannot include any provisions that terminate products-completed operations coverage at the end of a policy period or limit the coverage in any other . way with respect to additional insureds; (iii) Independent contractors; (iv) Contractual liability; and (v) Property damage resulting from explosion, collapse, or underground (x, c, u) exposures (if applicable). (b) The CGL coverage must be primary. Any of Pulte's insurance shall be considered excesa for the purpose of responding to claims. The following wording must be included in the Description of Operations on the Rev: 4/16/2010 pglof6 J Certificate of Insurance: "This insurance is Primary and Non- ; Contributory." i (c) Contractor's CGL policy • includes a waiver of subrogation in favor of PulteGroup, Inc. , its subsidiaries and affiliates, by referencing and ! attaching the required endorsement. (d) The policy may not contain exclusions for the Work, including but not limited to exclusions for residential construction, attached product (if applicable) or liability that arises from a dispute governed by a notice and Opportunity to repair statute. The following wording must be included in the Description of Operations on the Certificate of Insurance: "No exclusionary language or limitations relating to residential construction, condominiums, multi-family, or multi-unit dwelling." (e) Contractor shall add PulteGroup, Inc., its subsidiaries and affiliates as additional insureds on the CGL• policy by having the insurance carver issue an additional insured endoisement(s) at least as broad as the ISO CG 2010 11 /85 Additional Insured - Owners, Lessees or Contractors - Form B endorsement. Such additional insured status under the CGL policy must not be limited by amendatory language to the policy. Further, this endorsement shall: (i) Provide coverage for both premises/ongoing operations and products-completed operations to the benefit of the additional insured; and (ii) Provide coverage to the full extent of the actual limits of Contractor' s coverage even if • such actual limits exceed the minimum limits required by this Agreement. (f) Owners and Contractors Protective Liability Policies ("OCP") cannot fulfill the requirement for CGL coverage under this Agreement. . (g) In the event that Contractor opts to participate in any alternative general liability insurance program offered through Pulte as a means to fulfill the requirement for CGL coverage; . Cpntractor agrees that Pulte may deduct premium payments due Cofity aor•under this Agreement. (h) In the event that Contractor provides Work for a Project covered by an Owner Controlled Insurance Program ("OCIP") arranged by Pulte, the CGL requirements are hereby waived for purposes of that Project only. 1 .2 Automobile Liability Coverage. Contractor shall carry automobile liability coverage with a combined single ' l=t of $ 1 ,000,000 insuring against bodily injury and/or property damage arising bout of the operation, maintenance, use, loading or unloading of any auto including owned, non-owned, and hired autos. Raw . 4/16/2010 pg 2 of 6 PulteGroup, Inc., its subsidiaries and affiliates, must be added as additional insureds for automobile liability. 1 .3 Workers' Compensation and Emplpyer's• 1`iability Coverage. (a) Contractor shall - carry workers' compensation insurance providing statutory benefits imposed by applicable state or federal law such that: ( 1 ) Pulte will have no liability to Contractor, its employees or Contractor's Agents; and (2) Contractor will satisfy all workers ' compensation obligations imposed by state law. (b) This policy must include a documented waiver of subrogation in favor of PulteGroup, Inc. , its subsidiaries and affiliates (in states where permitted) . . , . (c) If any of Contractor' s employees or Contractor's Agents are subject to the rights and obligations of the Longshoremen and Harbor Workers Actor any other maritime law or act, the workers ' compensation insurance must be broadened to provide additional required coverage.. (d) For purposes of worker' s compensation coverage, Contractor agrees that Contractor, Contractor's employees and Contractor's Agents are not employees of Pulte or its Affiliates, and are therefore not beneficiaries of any Pulte coverage. (e) Contractor may satisfy is vqke` rss :compensation obligations by providing . documentation of current authorization from the appropriate state authorities for the state(s) where the Work is performed indicating that Contractor is adequately self-insured for workers ' compensation claims. (f) Contractor agrees to carry employer's liability coverage with limits of not less than : (i) $500,000 Each Accident (ii) $500,000 Aggregate Policy Limit for Disease (iii) $500,000 Each Employee 1 .4 Umbrella or Excess Coverage. To the extent . Contractor carries umbrella or excess insurance above the minimum required limits stated in this Agreement, the protection afforded the additional insureds in the umbrella or excess liability insurance shall be as broad or broader, than the coverage present in the underlying insurance and in accordance with this Agreement. Each umbrella or excess liability policy shall specifically state , that the insurance provided by the Contractor shall be considered piers; Rev: 4/16/2010 pg 3 of 6 L5 Contractor must disclose all applicable policy deductibles and/or self-insured retentions ("SIR") and agrees to be ' liable for all costs within the deductibles and/or SIR 1 . 6 Certificates of Insurance. Contractor shall evidence that such insurance is in force by furnishing Pulte with a certificate of insurance, or if requested by Pulte, certified copies of the policies. Notwithstanding the non-renewal or termination of this Agreement, Contractor shall provide renewal certificates and endorsements to Pulte for so long as the applicable insurance is required to be maintained pursuant to this Section : The certificate shall state the type of Work being performed, and shall be incorporated into this Agreement. The certificate shall evidence the requirements of this Agreement, including but not limited to, specifying that : (a) PulteGroup, Inc., its subsidiaries and affiliates, are additional insureds on the CGL and automobile policies, and if applicable the umbrella and/or excess policies, bytefeiend'Irf 044ttaching the required endorsement; (b) The policy does not contain exclusions for the Work and/or for ' duties performed by Contractor pursuant to this Agreement, including, without limitation, residential construction, attached product (if applicable) , or liability that arises from a dispute governed by a notice and opportunity to repair statute. The following wording must be included in the Description of Operations on the Certificate' of Insurance: "No exclusionary language or limitations relating to residential construction, condominiums, multi- family, or multi-unit dwelling;21r (c) Contractor's coverage is primary and Pulte's insurance is excess for any Claims. The following wording must be included in the Description of Operations on the Certificate of Insurance: "This insurance is Primary and Non-Contributory; " (d) Contractor' s CGL policy contains contractual liability coverage; (e) Contr4ctor's workers' compensation policy includes a waiver of subrogation in favor of PulteGroup, Inc. , its subsidiaries and affiliates (in states where pezitutte ij, : 1b` ,tbferencing and attaching the required endorsement; (f) Contractor' s CGL policy includes a waiver of subrogation in favor of PulteGroup, Inc. , its subsidiaries and affiliates, by referencing and attaching the required endorsement; and (g) Contractor must provide evidence of Workers Compensation in the states(s) that it operates by either listing on the certificate those states listed in item 3 .A, of the Information Page of the Workers Compensation Policy or attaching a copy of the Information Page. Rev: 4/16/2010 pg .4 of 6 J � 1 .7 Contractor's Agent(s) . (a) If Contractor should subcontract, any Work, Contractor shall nevertheless be bound to indemnify`-Pu1tsr%*1i . . rovided in this Agreement on behalf of Contractor' s Agent(s). In addition, Contractor shall require that Contractor's Agent(s) also be bound to indemnify Pulte as provided in this Agreement. , Contractor represents and warrants that Contractor' s Agent(s) shall carry insurance as set forth in this Agreement prior to permitting Contractor's Agent(s) to commence its work. (b) Contractor shall require in its purchase orders that its suppliers indemnify Contractor and Pulte from all losses arising from any materials or supplies included in any Work. 1 .8 Modifications to This Agreement. (a) Any attempt by the Contractor to cancel or modify insurance coverage required by this Agreement, or any failure by the Contractor to maintain such coverage, shall be a default under this Agreement and, upon such default, Pulte will have the right to immediately terminate this Agreement and/or exercise any of its rights at law or at equity. In addition to any other remedies, Pulte may, at its discretion, withhold payment of any sums due . under this Agreement until Contractor provides adequate proof of insurance. r .r; . (b) The amounts and types of insurance set forth above are minimums ' required by Pulte and shall not substitute foi• an independent determination by Contractor of the amounts and types of insurance which Contractor shall determine to be reasonably necessary to protect itself and its Work. (c) Pulte reserves the right to modify these insurance requirements, and if Contractor continues to perform Work or accepts Work Orders, Contractor agrees to be bound by such modifications 30 days after . receipt of the modified provisions. r Rev: 4/ 16/2010 pg 5 of 6 InsuranceYOur • , - ars Marne Address •.. ' • '1 r • I . • I TELEPHONE1 : i INSUFMD � . CONTRACTORSO • . • l 111 : 11111 111 llql�lqp c n / h: '1 P Y / I n'• • � 1 1 . 1. .. - 7 `: . 1 '.• ► 1 '► • 1 ' • C 1 ' 1 I 11 ► . 7 - � � I 1 / r- : / . .171 ?• ••,• • 1 C• '/ 1 1 . 1 • 1' ► :: 1 ► • I:I-1 17-i- . .1 •I` 1 ' ni • • 7 • LI _ • 1' ' - 1 C 7O . '/ ti - 1 1 . / .1: K • h ' /. • 7: ; . i . . • . . � 1 / • I �. I • .► ' 1 . 1. 71 ' 1 1 & fcF_P.-� ��r�SS • n nl •• .J,I Irl ElCLAWSMADE J& 0CWR EACH OCCURMCE FME DAMAGE &W OKE FME) • CONMAMRS • MW AUTO • 0787 C nT 111 111 •. . �, • . Your 1 1 _ - 1 . 1 r• r r 1 .7 1 I 1 \. 1 I I IY 172 � ' :.• .. • • • .. • --� - CI • 'K.TTu. uu. '.: : .y \. • 'r :. r' I , • A L: r •. •y .. • . I « • . L.1 - . . - ' - . • 1 { _ rli ✓. 11 . IT_ I 11 f • h .. , 7 f PnlI ll i1Inc, K : 1 . 1 it i. and 1 '\ I : 1 1 • ] I 111 -� YI • gyp • '� • IfI •r111 . - Iri.v 1 •r : 1 • 11 1 : U . - LII \ IPI - 1 PO M 1 1 Hmek CA 9254&8010 1 1 t s I ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) PRODUCER 10/07/2010 Serial TIB120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SURETY AGENCY, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 552-B NEW HAW CREEK ROAD HOLDER . THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ASHEVILLE , NC 28805 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 828-236-1000 FAX 828 -236- 1001 INSURERS AFFORDING COVERAGE INSURED DICKERSON FLORIDA , INC . - - " INSURERA CHARTER OAK FIRE INS . CO . P . . 60X 910 -- INSURER_ B TRAVELERS INDEMNITY_ COMPANY FT. PIERCE , FL 34954-0910 INSURERC: TRAVELERS PROPERTY CASUALTY CO . OF AMERICA INSURER D, COVERAGES - - INSURER E: 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 . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR LTR TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION - - - - " - POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000 , 000 B X COMMERCIAL GENERAL LIABILITY $ 280662907101 /2010 - . - 07/01 /2010 07/01 /2011 FIRE DAMAGE (Any o one fire) $ 300 , 000 CLAIMS MADE X , OCCUR - - - - MED EXP (Any one person ) $ 101000 PERSONAL & ADV INJURY $ 1 , 0001000 - ' GENERAL AGGREGATE $ 2 , 000 , 000 EN'LAGGREGATE LIMIT APPLIES PER: - POLICY ; X PRO , PRODUCTS - COMP/OP AGG $ Z , 000 , OOO JECT � LOC AUTOMOBILE LIABILITY 82806630 07/01 /2010 07/01 /2011 COMBINED SINGLE LIMIT C . X ANY AUTO ( Ea accident) $ 11000 , 000 - ALL OWNED AUTOS i11 - " - - BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS - -" I - BODILY INJURY $ X NON- OWNED AUTOS (Per accident ) PROPERTY DAMAGE d $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO - - - - OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 3 , 000 , 000 C X OCCUR CLAIMS MADE 828OB654 07/01 /2010 07/01 /2011 AGGREGATE $ 3 , 000 , 000 DEDUCTIBLE - $ RETENTION $ $ - WORKERS COMPENSATION AND 82806549 07/01 /2010 07/01 /201 1 X WC STATU- OTH A . TORY LIMITS , _ ER _ EMPLOYERS' LIABILITY E. L. EACH ACCIDENT . -$ 500 , 000 E . L. DISEASE--_EAEMPLOYEEI $ 500 , 000 j E. L. DISEASE - POLICY LIMIT is 500 , 000 OTHER I , i I j DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ROADWAY IMPROVEMENTS , IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CERTIFICATE HOLDER SHALL BE ADDED AS ADDITIONAL INSURED UNDER THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY PER THE ATTACHED ENDORSMENT . THIS INSURANCE IS PRIMARY OVER ANY OTHER MAINTAINED BY THE CERTIFICATE HOLDER . POLICY INCLUDES CONTRACTUAL LIABILITY COVERAGE . WORKERS COMPENSATION POLICY INCLUDES A WAIVER OF SUBROGATION PER ATTACHED ! ENDORSEMENT. i CERTIFICATE HOLDER ! X ADDITIONAL INSURED; INSURER LETTER : — CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PULTEGROUP , INC . , ITS AFFILIATES & SUBSIDIARIES DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN j NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL SAMPLE CERTIFICATE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE KAREN BEARD ACORD 25 -S (7/97) O ACORD CORPORATION 1988 The is a true and exact copy of the original Karen Beard , Surety Agency, LLC COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED ( CONTRACTORS ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1 , WHO IS AN INSURED — (Section ll ) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to " bodily injury" or agree in a written contract requiring insurance " "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but : erations hazard " unless the "written contract a) Only with respect to liability for " bodily injury" , requiring insurance" specifically requires you " property damage" or " personal injury" ; and to provide such coverage for that additional b) If, and only to the extent that, the injury or insured , and then the insurance provided to damage is caused by acts or omissions of the additional insured applies only to such you or your subcontractor in the performance " bodily injury" or "property damage" that curs before the end of the period of time for for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or once requires you to provide such coverage organization does not qualify as an additional or the end of the policy period , whichever is insured with respect to the independent acts earlier. or omissions of such person or organization . 3 . The insurance provided to the additional insured 2 . The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance" , whether primary, a) In the event that the Limits of Insurance of excess , contingent or on any other basis , that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III — Limits Of Insurance. for such loss , and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to "bodily injury" , "prop- the additional insured by this endorsement still is arty damage" or "personal injury" arising out excess over any valid and collectible "other in- of the rendering of, or failure to render , any surance" , whether primary , excess , contingent or professional architectural , engineering or sur- on any other basis , that is available to the addi- veying services, including : tional insured when that person or organization is an additional insured under such "other insur- i . The preparing , approving , or failing to ante" . prepare or approve, maps , shop draw- 4 . As a condition of coverage provided to the ings, opinions , reports , surveys , field or- ders or change orders , or the preparing , additional insured by this endorsement : approving , or failing to prepare or ap- a ) The additional insured must give us written prove , drawings and specifications ; and notice as soon as practicable of an "occur- ii . Supervisory , inspection , architectural or rence" or an offense which may result in a engineering activities . claim . To the extent possible , such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies , Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" any provider of "other insurance" which would or offense took place ; cover the additional insured for a loss we fl. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- iii . The nature and location of any injury or ance provided to the additional insured by this endorsement is primary to "other insur- damage arising out of the "occurrence" or offense . ancellavailable to the additional insured which covers that person or organization as a b) If a claim is made or "suit' is brought against named insured as described in paragraph 3 . the additional insured , the additional insured above . must : 5. The following definition is added to SECTION V. L Immediately record the specifics of the — DEFINITIONS : claim or "suit' and the date received ; and "Written contract requiring insurance" means ii. Notify us as soon as practicable . that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit' as person or organization as an additional in- soon as practicable . sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the " personal injury " is caused by an send us copies of all legal papers received in offense committed : connection with the claim or "suit', cooperate with us in the investigation or settlement of a• After the signing and execution of the the claim or defense against the "suit" , and contract or agreement by you ; otherwise comply with all policy conditions . b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit' to c. Before the end of the policy period . Page 2 of 2 0 2005 The St. Paul Travelers Companies , Inc . CG D2 46 08 05 This is a true and exact copy of the original Yale Karen Beard, Surety Agency, LLC COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A . -H . and J . -N. of this endorsement broaden coverage , and provision 1, of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages . Read all the PROVISIONS of this endorsement carefully to determine rights, duties , and what is and is not covered . A. Broadened Named Insured H . Additional Insured — State or Political Subdivisions B. Extension of Coverage — Damage To Premises I . Other Insurance Condition Rented To You • Perils of fire, explosion , lightning , smoke , water J. Increased Supplementary Payments • Limit increased to $ 300,000 • Cost of bail bonds increased to $2 , 500 • Loss of earnings increased to $500 per day C . Blanket Waiver of Subrogation K. Knowledge and Notice of Occurrence or Offense D. Blanket Additional Insured — Managers or Lessors of Premises L . Unintentional Omission E . Incidental Medical Malpractice M . Personal Injury — Assumed by Contract F. Extension of Coverage — Bodily Injury N . Blanket Additional Insured —Lessor of Leased G . Contractual Liability — Railroads Equipment PROVISIONS 3 . This Provision A. does not apply to any per- A. BROADENED NAMED INSURED son or organization for which coverage is ex- t . The Named Insured in Item 1 . of the Declara- cluded by endorsement. tions is as follows: B . EXTENSION OF COVERAGE — DAMAGE TO The person or organization named in Item 1 . PREMISES RENTED TO YOU of the Declarations and any organization , 1 . The last paragraph of COVERAGE A . BOD- other than a partnership, joint venture or lim- ILY INJURY AND PROPERTY DAMAGE LI- ited liability company, of which you maintain ABILITY (Section I — Coverages) is deleted ownership or in which you maintain the major- and replaced by the following : ity interest on the effective date of the policy. Exclusions c . through n . do not apply to dam - However, coverage for any such additional age to premises while rented to you , or tem- organization will cease as of the date , if any , porarily occupied by you with permission of during the policy period , that you no longer the owner, caused by: maintain ownership of, or the, majority interest in , such organization. a. Fire ; 2. WHO IS AN INSURED (Section II ) Item 4.a . b . Explosion ; is deleted and replaced by the following: c. Lightning ; a . Coverage under this provision is afforded d. Smoke resulting from such fire , explosion , only until the 180th day after you acquire or lightning ; or or form the organization or the end of the e . Water. policy period, whichever is earlier. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 170 LO K W Jo 170OZ 'Auedwoo f;! uwapul s.aalaneal aq1 146uAdoo 9 J Z abed a1q !;oalloo pue p !Ien Aue JOAO ssaoxa sl pains : „;oej;uoo painsul „ -u ! IeuO!;! ppe 0141u ; o; papao}}e aoeunsu! agl • £ ue lou s! 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( sa6eJano0 -said ;o uo!;ejado jo ' bu!;sinq 'aan;dn6 •e — I uo!;oaS) AII1 19VII ASVVY /0 /.IN3dObd (INV mjn NI .111408 ' b 3E)VH3A0 � a �q Pasneo '�auMo ;o noA 01 pa;uaa sas! waad 01 06ewe ao U) ;o uo!ss !uuad ql!M nog( �(q paldn000 a6eJanoo ;i � Idde jou sao 0 } �I!aeaodwa; �o ' nog( o; paluaa aIIUM sas! wa.id p 8 uo !s!nad s!Ul 'S 0; abewep o; Aidde ;ou saop eouejnsu! s!41 • Z AIIIISVI I lb'iy3N3J IV1383WWOo • u 0 r COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional together with all related acts or omissions in insured , unless you have agreed in the writ- the furnishing of the services described in ten contract that this insurance must be pri- paragraph 1 . above to any one person will be mary to, or non-contributory with , such "other deemed one "occurrence ". insurance" . E . INCIDENTAL MEDICAL MALPRACTICE 5 . This Provision E . does not apply if you are in the business or occupation of providing any of 1 . The following is added to paragraph 1 . Insur- the services described in paragraph 1 . above. ing Agreement of COVERAGE A. — BODILY 6 . The insurance provided by this Provision E. INJURY AND PROPERTY DAMAGE LIABIL- shall be excess over any valid and collectible ITY (Section I — Coverages ) : "other insurance" available to the insured , " Bodily injury" arising out of the rendering of, whether primary, excess , contingent or on or failure to render, the following will be any other basis , except for insurance that you deemed to be caused by an "occurrence" : bought specifically to apply in excess of the a. Medical , surgical , dental , laboratory, x-ray Limits of Insurance shown on the Declara- or nursing service, advice or instruction , tions of this Coverage Part. or the related furnishing of food or bever- F . EXTENSION OF COVERAGE — BODILY IN - ages; JURY b . The furnishing or dispensing of drugs or The definition of " bodily injury " ( DEFINITIONS — medical , dental , or surgical supplies or Section V) is deleted and replaced by the follow- appliances ; ing : c. First aid ; or "Bodily injury" means bodily injury, mental an- d. "Good Samaritan services . " As used in guish , mental injury, shock , fright, disability, hu- this Provision E. , "Good Samaritan ser- miliation , sickness or disease sustained by a per- vices" are those medical services ren- son , including death resulting from any of these at dered or provided in an emergency and any time. for which no remuneration is demanded G . CONTRACTUAL LIABILITY — RAILROADS or received . I . Paragraph c. of the definition of "insured con- 2 . Paragraph 2. a . ( 1 ) (d) of WHO IS AN IN- tract" (DEFINITIONS — Section V) is deleted SURED (Section 11 ) does not apply to any and replaced by the following : registered nurse , licensed practical nurse, c. Any easement or license agreement ; emergency medical technician or paramedic 2 , Paragraph f. (1 ) of the definition of "insured employed by you , but only while performing contract" (DEFINITIONS — Section V) is de- the services described in paragraph 1 . above leted . and while acting within the scope of their em- ployment by you . Any "employees" rendering H . ADDITIONAL INSURED — STATE OR POLITI- "Good Samaritan services" will be deemed to CAL SUBDIVISIONS — PERMITS be acting within the scope of their employ- WHO IS AN INSURED (Section 11 ) is amended to ment by you . include as an insured any state or political subdi- 3 . The following exclusion is added to paragraph vision , subject to the following provisions : 2 . Exclusions of COVERAGE A. — BODILY 1 . This insurance applies only when required to INJURY AND PROPERTY DAMAGE LIABIL- be provided by you by an ordinance , law or ITY ( Section I — Coverages) : building code and only with respect to opera- (This insurance does not apply to : ) "Bodily in- tions performed by you or on your behalf for jury" or "property damage" arising out of the which the state or political subdivision has is- willful violation of a penal statute or ordinance sued a permit. relating to the sale of pharmaceuticals com - 2 . This insurance does not apply to : mitted by or with the knowledge or consent of a , " Bodily injury, " "property damage , " "per- the insured . sonal injury" or "advertising injury" arising 4 . For the purposes of determining the applica- out of operations performed for the state ble limits of insurance , any act or omission or political subdivision ; or CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 o COMMERCIAL GENERAL LIABILITY b . "Bodily injury" or "property damage" in- insured under any other policy , eluded in the "products-completed opera- including any umbrella or excess tions hazard " . policy. I. OTHER INSURANCE CONDITION When this insurance is excess , we A. COMMERCIAL GENERAL LIABILITY CON- will have no duty under Coverages A DITIONS (Section IV), paragraph 4. (Other or B to defend the insured against Insurance) is . deleted and replaced by the fol- any "suit" if any provider of "other in- lowing: surance" has a duty to defend the in- sured against that "suit" . If no pro- vider of "other insurance" defends , If valid and collectible "other insurance " is we will undertake to do so, but we will available to the insured for a loss we be entitled to the insured 's rights cover under Coverages A or B of this against all those providers of "other Coverage Part , our obligations are limited insurance" . as follows: When this insurance is excess over a. Primary Insurance "other insurance " , we will pay only our share of the amount of the loss , if This insurance is primary except any, that exceeds the sum of: when b . below applies . If this insur- ance is primary, our obligations are (1 ) The total amount that all such not affected unless any of the "other "other insurance" would pay for insurance" is also primary. Then , we the loss is the absence of this in- will share with all that "other insur- surance ; and ance" by the method described in c . (2) The total of all deductible and below. self-insured amounts under that b . Excess Insurance "other insurance" . This insurance is excess over any of We will share the remaining loss , if the "other insurance", whether pri- any, with any "other insurance" that is mary, excess , contingent or on any not described in this Excess Insur- other basis: ance provision . ( 1 ) That is Fire, Extended Coverage , c. Method Of Sharing Builder's Risk, Installation Risk , If all of the "other insurance" permits or similar coverage for "your contribution by equal shares, we will work" ; follow this method also. Under this (2) That is Fire insurance for prem- approach each provider of insurance ises rented to you or temporarily contributes equal amounts until it has occupied by you with permission paid its applicable limit of insurance of the owner; or none of the loss remains , which- ever comes first. (3) That is insurance purchased by If any of the "other insurance" does you to cover your liability as a tenant for not permit contribution by equal property damage shares , we will contribute by limits . premises rented you or tempo-- Under this method , the share of each rarity occupied byy you with per- provider of insurance is based on the mission of the owner; or ratio of its applicable limit of insur- (4) If the loss arises out of the main- ance to the total applicable limits of tenance or use of aircraft, insurance of all providers of insur- "autos" , or watercraft to the ex- ance . tent not subject to Exclusion g. of B . The following definition is added to DEFINITIONS Section I — Coverage A — Bodily (Section V) : Injury And Property Damage Li- ability; or "Other insurance": (5) That is available to the insured a . Means insurance , or the funding of losses , when the insured is an additional that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 Q COMMERCIAL GENERAL LIABILITY (1 ) Another insurance company ; 2 . Notice of an "occurrence" or of an offense (2 ) Us or any of our affiliated insurance com- which may result in a claim will be deemed to panies, except when the Non cumulation be given as soon as practicable to us if it is of Each Occurrence Limit section of given in good faith as soon as practicable to Paragraph 5 of LIMITS OF INSURANCE your workers' compensation insurer. This ap- (Section III ) or the Non cumulation of Per- plies only if you subsequently give notice of sonal and Advertising Injury limit sections the "occurrence " or offense to us as soon as of Paragraph 4 of LIMITS OF INSUR- practicable after you , one of your "executive ANCE (Section III) applies; officers" (if you are a corporation ) , one of your (3 ) Any risk retention group; partners who is an individual ( if you are a partnership) , one. of your managers (if you are (4) Any self-insurance method or program , a limited liabilitycompany) , other than an funded b p y) , or an "employee" Y y you and over (such as an insurance , loss control or risk which this Coverage Part applies; or manager or administrator) designated by you (5) Any similar risk transfer or risk manage- to give such notice discovers that the "occur- ment method . rence" or offense may involve this policy. b. Does not include umbrella insurance , or ex- 3. This Provision K. does not apply as respects cess insurance , that you bought specifically to the specific number of days within which you apply in excess of the Limits of Insurance are required to notify us in writing of the shown on the Declarations of this Coverage abrupt commencement of a discharge , re- Part, lease or escape of " pollutants" that causes J . INCREASED SUPPLEMENTARY PAYMENTS "bodily injury" or "property damage" which may otherwise be covered under this policy. Paragraphs 1 . b. and 1 . d . of SUPPLEMENTARY L. UNINTENTIONAL OMISSION PAYMENTS — COVERAGES A AND B (Section — Coverages) are amended as follows: The following is added to COMMERCIAL GEN- 1 . In paragraph 1 . b. , the amount we will pay for ERAL LIABILITY CONDITIONS (Section IV) , Paragraph 6 . (Representations ) : the cost of bail bonds is increased to $2500 . 2. In paragraph 1 . d. , the amount we will pay for The unintentional omission of, or unintentional error in , any information provided by you which loss of earnings is increased to $500 a day . we relied upon in issuing this policy shall not K. KNOWLEDGE AND NOTICE OF OCCUR- prejudice your rights under this insurance. How- RENCE OR OFFENSE ever, this Provision L . does not affect our right to 1 . The following is added to COMMERCIAL collect additional premium or to exercise our right GENERAL LIABILITY CONDITIONS (Section of cancellation or nonrenewal in accordance with IV ) , paragraph 2 . ( Duties In The Event of Oc- applicable state insurance laws , codes or regula- currence, Offense , Claim or Suit): tions . Notice of an "occurrence" or of an offense M . PERSONAL INJURY — ASSUMED BY CON" which may result in a claim must be given as TRACT soon as practicable after knowledge of the 1 . The following is added to Exclusion e. (1 ) of "occurrence" or offense has been reported to Paragraph 2 . , Exclusions of Coverage B . you , one of your "executive officers" (if you Personal Injury, Advertising Injury, and are a corporation ), one of your partners who Web Site Injury Liability of the Web XTEND is an individual (if you are a partnership), one Liability endorsement : of your managers (if you are a limited liability Solely for the purposes of liability assumed in company), or an "employee" (such as an in- , . suransurance , loss control or risk manager or ad - an ' insured contract" , reasonable attorney ra , l designated b fees and necessary litigation expenses in- g y you to give such curred b or for a nY p arty other than an insured notice . are deemed to be damages because of " per- Knowledge by any other "employee" of an sonal injury" provided: floccurrencellor offense does not imply that (a ) Liability to such party for, or for the cost you also have such knowledge . I of, that party's defense has also been as- CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 d n COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract" ; N . BLANKET ADDITIONAL INSURED — LESSOR and OF LEASED EQUIPMENT (b) Such attorney fees and litigation ex- WHO IS AN INSURED (Section II) is amended to penses are for defense of that party include as an insured an y person r against a civil or alternative dispute reso-. (referred to below as "additional insu ed")awith lution proceeding in which damages to whom you have agreed in a written contract, exe- which this insurance applies are alleged . cuted before the "bodilyinjury" or " property dam- 2. Paragraph 2. d. of SUPPLEMENTARY PAY- age" occurs or the "personal injury" or " advertis- MENTS — COVERAGES A AND B (Section I ing injury" offense is committed , to name as an — Coverages) is deleted and replaced by the additional insured , but only with respect to their li- following : ability for "bodily injury", "property damage " , "per- d . The allegations in the "suit" and the in- sonal injury" or "advertising injury" caused , in formation we know about the "occur- whole or in part , by your acts or omissions in the rencellor offense are such that no conflict maintenance, operation or use of equipment appears to exist between the interests of leased to you by such additional insured , subject the insured and the interests of the in- to the following provisions : demnitee ; 1 . Limits of Insurance . The limits of insurance 3 . The third sentence of Paragraph 2 of SUP- afforded to the additional insured shall be the PLEMENTARY PAYMENTS — COVERAGES limits which you agreed to provide in the writ- A AND B (Section I — Coverages) is deleted ten contract, or the limits shown on the Decla- and replaced by the following : rations, whichever are less. Notwithstanding the provisions of Paragraph 2. The insurance afforded to the additional in- 2 . b. (2) of Section I — Coverage A — Bodily In- sured does not apply to any " bodily injury" or I ury And Property Damage Liability , or the properly damage" that occurs , or "personal provisions of Paragraph 2.e. (1 ) of Section I — injury" or "advertising injury" caused by an of- Coverage B — Personal Injury , Advertising In- fense which is committed , after the equipment jury And Web Site Injury Liability , such pay- lease expires . ments will not be deemed to be damages for 3. The insurance afforded to the additional in- "bodily injury" and "property damage" , or sured is excess over any valid and collectible damages for "personal injury" , and will not re- "other insurance" available to such additional duce the limits of insurance . insured , unless you have agreed in the writ- 4 . This provision M . does not apply if coverage ten contract that this insurance must be pri- for "personal injury" liability is excluded by mary to , or non-contributory with, such "other endorsement. insurance " . Page 6 of 6 Copyright , The Travelers Indemnity Company, 2004 CG D3 16 07 04 tl This is a true and exact copy of the original Karen Beard, Surety Agency, LLC COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- a written contract or agreement that is signed and ment, the provisions of the Coverage Form apply executed by you before the "bodily injury" or "property unless modified by the endorsement. damage" occurs and that is in effect during the policy The following is added to the Section 11 — Liability period is an "insured" for Liability Coverage, but only Coverage, Paragraph A. I . Who Is An Insured Pro- for damages to which this insurance applies and only vision : to the extent that person or organization qualifies as an " insured" er Any person or organization that you are required to contained n Section t le Who Is An Insured provision include as additional insured on the Coverage Form in CA T4 37 08 08 © 2008 The Travelers Companies , Inc. Page 1 of 1 V b This is a true and enact copy of the original Karen Beard , ,Surety Agency, LLC COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage . However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages . Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights , duties, and what is and is not covered . A. BROAD FORM NAMED INSURED H . HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT B . BLANKET ADDITIONAL INSURED I . PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT C . EMPLOYEE HIRED AUTO J . PERSONAL EFFECTS D . EMPLOYEES AS INSURED K. AIRBAGS E , SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F . HIRED AUTO — LIMITED WORLDWIDE M . BLANKET WAIVER OF SUBROGATION COVERAGE — INDEMNITY BASIS G . WAIVER OF DEDUCTIBLE — GLASS N . UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A . 1 . , Who Is "property damage" occurs and that is in effect An Insured, of SECTION If — LIABILITY COV- during the policy period , to be named as an addi - ERAGE : tional insured is an " insured" for Liability Cover- Any organization you newly acquire or form dur- age , but only for damages to which this insurance inging the policy period over which you maintain applies and only to the extent that person or or- or more ownership interest and that not ganization qualifies as an "insured " under the separately Who Is An Insured provision contained in Section p y insured for Business Auto Coverage. II Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO ganization or the end of the policy period , which- 1 . The following is added to Paragraph AA . , ever is earlier. Who Is An Insured , of SECTION 11 — LI- B . BLANKET ADDITIONAL INSURED ABILITY COVERAGE : The following is added to Paragraph c . in A . 1 . , An " employee" of yours is an "insured " while Who Is An Insured , of SECTION 11 — LIABILITY operating an "auto" hired or rented under a COVERAGE : contract or agreement in that "employee 's" Any person or organization who is required under name , with your permission , while performing a written contract or agreement between you and duties related to the conduct of your busi- that person or organization , that is signed and ness . CA T3 53 06 09 © 2009 The Travelers Companies , Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office , Inc. with its permission. fl COMMERCIAL AUTO 2. The following replaces Paragraph b. in B . 5. , United States of America applies to and pro- Other Insurance , of SECTION IV — BUSI- NESS AUTO CONDITIONS : hibits the transaction of business with or within such country or jurisdiction , for Liability b . For Hired Auto Physical Damage Cover- Coverage for any covered "auto" that you age , the following are deemed to be cov- lease, hire, rent or borrow without a driver for ered "autos " you own : a period of 30 days or less and that is not an (1 ) Any covered "auto" you lease, hire , "auto" you lease , hire, rent or borrow from rent or borrow; and any of your "employees" , partners (if you are a partnership) , members (if you are a limited (2) Any covered "auto" hired or rented by liability company) or members of their house- your "employee" under a contract in holds. that individual "employee' s" name , with your permission , while perform- (1 ) With respect to any claim made or "suit" ing duties related to the conduct of brought outside the United States of your business . America, the territories and possessions of the United States of America , Puerto However, any "auto" that is leased , hired , Rico and Canada : rented or borrowed with a driver is not a covered "auto" . (a) You must arrange to defend the D . EMPLOYEES AS INSURED "insured" against, and investigate or settle any such claim or "suit" The following is added to Paragraph A. 1 . , Who Is and keep us advised of all pro- An Insured, of SECTION 11 — LIABILITY COV- ceedings and actions. ERAGE : (b) Neither you nor any other in- Any "employee" of yours is an "insured " while us- volved "insured" will make any ing a covered "auto" you don 't own , hire or borrow settlement without our consent. I n your business or your personal affairs . (c) We may, at our discretion , par- E. SUPPLEMENTARY PAYMENTS — INCREASED ticipate in defending the " insured " LIMITS against, or in the settlement of, 1 . The following replaces Paragraph A. 2 . a. (2) , any claim or "suit". of SECTION II — LIABILITY COVERAGE : (d) We will reimburse the "insured " : (2) Up to $3 , 000 for cost of bail bonds (in- (i) For sums that the "insured " cluding bonds for related traffic law viola - legally must pay as damages tions ) required because of an "accident" because of " bodily injury" or we cover. We do not have to furnish " property damage" to which these bonds . this insurance applies , that the " insured " pays with our 2 . The following replaces Paragraph A. 2 . a. (4) , consent, but only up to the of SECTION If — LIABILITY COVERAGE : limit described in Paragraph (4) All reasonable expenses incurred by the C • , Limit Of Insurance , of "insured" at our request, including actual SECTION II — LIABILITY loss of earnings up to $500 a day be- COVERAGE ; cause of time off from work . (ii ) For the reasonable expenses F. HIRED AUTO — LIMITED WORLDWIDE COV- incurred with our consent for ERAGE — INDEMNITY BASIS your investigation of such The following replaces Subparagraph e , in Para- claims and your defense of the graph B . 7. , Policy Term, Coverage Territory, of "suit" , insured " against any SECTION IV — BUSINESS AUTO CONDITIONS : such suit , but only up and included within the limit de- e . Anywhere in the world , except any country or scribed in Paragraph C . , Limit J urisdiction while any trade sanction, em- Of Insurance, of SECTION II bargo, or similar regulation imposed by the — LIABILITY COVERAGE , Page 2 of 4 9) 2009 The Travelers companies , Inc. Includes the copyrighted material of Insurance Services Office, Inc. with its permission. CA T3 53 OS 09 b D COMMERCIAL AUTO and not in addition to such I. PHYSICAL DAMAGE — TRANSPORTATION limit . Our duty to make such EXPENSES — INCREASED LIMIT payments ends when we The following replaces the first sentence in Para. have used up the applicable limit of insurance in payments graph A.4.a. , Transportation Expenses , of SEC- for damages , settlements or TION III — PHYSICAL DAMAGE COVERAGE : defense expenses . We will pay up to $50 per day to a maximum of (2) This insurance is excess over any valid $ 1 , 500 for temporary transportation expense in- and collectible other insurance available curred by you because of the total theft of a cov- ered "auto" of the private passenger type . to the " insured " whether primary, excess contingent or on any other basis . J , PERSONAL EFFECTS (3) This insurance is not a substitute for re- The following is added to Paragraph A.4. , Cover- quired or compulsory insurance in any age Extensions , of SECTION III — PHYSICAL country outside the United States , its ter- DAMAGE COVERAGE : ritories and possessions , Puerto Rico and Personal Effects Canada . We will pay up to $400 for " loss " to wearing ap- You agree to maintain all required or parel and other personal effects which are : compulsory insurance in any such coun- (1 ) Owned by an "insured " ; and try up to the minimum limits required by local law. Your failure to comply with (2) In or on your covered "auto". compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered "auto" . this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K, AIRBAGS surance requirements . The following is added to Paragraph B . 3 . , Exclu- (4) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America , its territories and possessions, Puerto Rico and Can- Exclusion 3.a . does not apply to " loss" to one or ada . We assume no responsibility for the more airbags in a covered "auto" you oven that in- furnishing of certificates of insurance , or flate due to a cause other than a cause of "loss" for compliance in any way with the laws set forth in Paragraphs A. 1 . b . and AA . c. , but of other countries relating to insurance . only: G . WAIVER OF DEDUCTIBLE — GLASS a . If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy ; The following is added to Paragraph D . , Deducti- b. The airbags are not covered under any war- ble , of SECTION III — PHYSICAL DAMAGE ranty; and COVERAGE : c. The airbags were not intentionally inflated. No deductible for a covered "auto" will apply to We will pay up to a maximum of $ 1 , 000 for any glass damage if the glass is repaired rather than one "loss". replaced . H . HIRED AUTO PHYSICAL DAMAGE — LOSS OF L . NOTICE AND KNOWLEDGE OF ACCIDENT OR USE — INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A .2 . a . , of graph AA. b . , Loss Of Use Expenses , of SEC- SECTION IV — BUSINESS AUTO CONDITIONS: TION III — PHYSICAL DAMAGE COVERAGE : Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $ 65 per day , to a maximum of plies only when the "accident" or " loss " is known $750 for any one "accident" . to: (a) You ( if you are an individual ) ; CA T3 53 06 09 © 2009 The Travelers Companies , Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission . to Q COMMERCIAL AUTO (b) A partner (if you are a partnership) ; tent , - required of you by awritten contract (c) A member (if you are a limited liability com- signed and executed { prior to , any "accident pany); or, "loss", provided that the "accltlent" or "loss" (d ) An executive officer, director or insurance anses .., out of. operations conteinplafed by, manager (if you are a corporation or other or :£ such contract: The waiver applies only to the ganization ); or person or": organisation designated in such contract (e) Any "employee " authorized by you to give no- tice of the "accident" or "loss" No UNINTENTIONAL ERRORS OR OMISSIONS M BLANKET, WAIVER OF SUBROGATION The following is added to Paragraph 6 .2. , Con- ' cealment Misrepresentation, Or Fraud, of The following replaces Paragraph'�A5 , Transfer , ' SECTION IV — BUSINESS AUTO CONDITIONS : Of= Rights OfRecovery Against Ot her To Us, s el of SECTIONr V BUSINESS AU70 CONI]I The unintentional omission of, or unintentional TIONS ^« � � r = error in, any informationiven b 9 y you shall not prejudice your rights under this insurance . How- ns 5 Tiafer Of Rights OfI 3 ,e Re.."P.. Againstw , ever this provision does not affect our right to col- . Others To Us,, ` lect additional premium or exercise our right of Pee We wawa; any right of recoverywe mayr haven cancellation or non-renewal. agarnst, 'ar y person, or organization' to. the ex Page 4 of 4 © 2009 The Travelers companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office , Inc. with its permission . (� L7 This is a true and exact copy of the original Karen Beard , Surety Agency, LLC TravelersPropertyCasualty I nWORKERS COMPENSATION x..�nR & DwelersGroup J AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) . POLICY NUMBER : 5143N55A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us . ) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule . SCHEDULE DESIGNATED PERSON : DESIGNATED ORGANIZATION : City of Port St. Lucie Florida , Political Subdivision of the State of Florida , its Officers, Employees and Agents DATE OF ISSUE : - - ST ASSIGN : BOA - J OF COUNTY COMMISSIOA . RS VER a`c � y �LOR1� October 19 , 2010 Dickerson Florida, Inc . Attn : Mr. Larry Dale Post Office Box 910 Fort Pierce, FL 34954 NOTICE OF AWARD Reference : Indian River County Bid No. 2011011 53rd Street Roadway Improvements (Lateral H Canal to Indian River Boulevard) Dear Mr. Dale : I am pleased to inform you that on October 19 , 2010 , 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 . ($ 5 ,082 , 958 . 55) 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 ( l ) ( 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 November 3 , 2010 . 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 ) copies of the Agreement. PLEASE EXECUTE BOTH COPIES AND RETURN THEM TOGETHER WITH THE REOUIRED BOND 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, erry D"avis , Purchasing Manager cc: Michael D. Nixon, P. E. , Roadway Production Manager, Engineering Office of Management and Budget * Purchasing Division 180027 1h Street, Vero Beach , Florida 32960 • (772) 567-8000 Ext. 1416 • Fax : (772) 770 -5140 E- mail : purchasing(2ircgov . com SECTION 00520 - Agreement ( Public Works ) TABLE OF CONTENTS Title Pia e ARTICLE1 - WORK , ' , , . . . . . . . . . . . . . . . . . . . . . . 11 . 1 . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . * . . # . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE2 - THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE3 - ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE4 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE5 - CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE7 - INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 8 - CONTRACTOR' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE9 - CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE10 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement ( Public Works ) REV 04-07 (3) 00520 - 1 F:\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement (Public Works) REV 04-07 (3).doc SECTION 00520 = Agreement ( Public Works ) THIS AGREEMENT is by and between INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER ) and Dickerson Florida . Inc . ( hereinafter called CONTRACTOR ) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 = WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents . The Work is generally described as follows : The project consists of the construction of a 4- lane divided roadway for 53rd Street from I . R . F .W . C . D . Lateral H Canal to Indian River Boulevard . The work will include the construction of a new roadway, widening of existing roadway, intersection improvements extensive piping for drainage , curbing , mast arm for traffic signals , signing and markina , a stormwater treatment pond , utility relocation and landscaping . 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 : 53rd Street Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) County Project Number: 0107 Project Address : 53rd Street Indian River County , Florida ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER' s representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ARTICLE 4 = CONTRACT TIMES 4 . 01 Time of the Essence A. All time limits for Milestones , if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Days to Achieve Substantial Completion and Final Payment 00520 - Agreement ( Public Works ) REV 04-07 ( 3 ) 00520 - 2 F:\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement (Public Works) REV 04-07 (3).doc A . The Work will be substantially completed on or before the 322nd day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions , and completed and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 352nd day after the date when the Contract Times commence to run . 4 . 03 Days to Achieve Final Completion and Final Payment A . The Work will be fully completed ( Final Completion ) and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 352nd day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions . 4 . 03 Liquidated Damages A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) , CONTRACTOR shall pay OWNER $ 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 . B , below: A . For all Work , at the prices stated in CONTRACTOR' s Bid , attached hereto as an exhibit . B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : : Numerical Amount : $ 5 , 082 . 958 . 55 Written Amount : five million eighty :. two thousand nine hundred fifty eight dollars and fifty five cents ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments 00520 - Agreement (Public Works ) REV 04-07 ( 3 ) 00520 - 3 F:\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement (Public Works ) REV 04-07 (3).doc A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 6 . 02 Progress Payments. A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent ( 5 % ) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 )( b ) , fifty percent ( 50 % ) completion means the point at which the County as OWNER has expended fifty percent ( 50 % ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents . 6 . 03 Pay Requests. A . Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR ' S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor , services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c ) ( 2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 6 . 04 Paragraphs 6 . 02 and 6 . 03 do not apply to construction services work purchased by the County as OWNER which are paid for , in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 00520 - Agreement ( Public Works ) REV 04-07 ( 3 ) 00520 - 4 F:\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement (Public Works ) REV 04-07 (3) .doc 6 . 05 Acceptance of Final Payment as Release . A . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however , final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond . ARTICLE 7 = INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification ) of the General Conditions to the Construction Contract . ARTICLE 8 = CONTRACTOR ' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A . CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents . B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost , progress , and performance of the Work . D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site ( except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions and ( 2 ) reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . E . CONTRACTOR has obtained and carefully studied ( or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions ( surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any , expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the 00520 - Agreement ( Public Works ) REV 04-07 (3 ) 00520 - 5 F :\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement (Public Works) REV 04-07 (3) .doc Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents . G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 9 - CONTRACT DOCUMENTS 9 . 01 Contents A. The Contract Documents consist of the following : 1 . This Agreement ( pages 00520- 1 to 00520-9 , inclusive ) ; 2 . Notice to Proceed ( page 00550- 1 ) 3 . Public Construction Bond ( pages 00610- 1 to 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 ) ; 6 . Supplementary Conditions ( pages 00800 - 1 to 00800 - 10 , inclusive ) ; 7 . Specifications as listed in the table of contents of the Project Manual ; 8 . Drawings consisting of a Phase I cover sheet and sheets numbered 1 through 35 , SS=1 through S- 15 , and LL-11 through LL-66 inclusive , with each sheet bearing the following general title : 53rd Street Roadway Improvements and Phase II cover sheet and sheets numbered 1 through 62 , TT=1 through TT=7 , SS=1 through S - 15 , MM=1 through M12 inclusive , and T- 1 through TT=6 inclusive , with each sheet bearing the following general title : 53rd Street Roadway Improvements ; 9 . Addenda ( numbers _1 to 3 , inclusive ) ; 10 . Appendices to this Agreement ( enumerated as follows ) : Appendix A — Permits 00520 - Agreement ( Public Works ) REV 04-07 (3 ) 00520 - 6 F :\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement (Public Works) REV 04-07 (3) .doc 11 . CONTRACTOR ' S BID ( pages 1 to 8 , inclusive ) 12 . Bid Bond ( pages 1 to 4 , inclusive ) , Qualifications Questionnaire ( page 1 to 4 , inclusive ) , List of Subcontractors ( page 1 inclusive ) . 13 . Sworn Statement Under the Florida Trench Safety Act ( pages 1 to 2 , inclusive ) 14 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 1 to 2 , inclusive ) 15 . 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 ) Change Order(s ) ; c ) Field Order; d ) Work Change Directive . 16 . Contractor's Final Certificate of the Work ( page 00632 — 1 & 2 of the Specifications ) 17 . Local Business Certification Form . ARTICLE 10 = MISCELLANEOUS 10 . 01 Terms A . Terms used in this Agreement will have the meanings indicated in the General Conditions . 10 . 02 Assignment of Contract A . No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment , no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . 10 . 03 Successors and Assigns A . OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . 10 . 04 Severability 00520 - Agreement ( Public Works) REV 04-07 (3 ) 00520 - 7 F:\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement ( Public Works ) REV 04-07 (3 ).doc A . Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue A . This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County , Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . 10 . 06 Other Provisions NOTE TO USER 1 . Insert other provisions here if applicable. [The remainder of this page was left blank intentionally] 00520 - Agreement ( Public Works ) REV 04-07 (3 ) 00520 - 8 F:\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement (Public Works) REV 04-07 (3).doc IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on October 19 2010 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : INDIAN RIVER COUNTY Dickerson Florida , Inc . °°tl°p° ppppp o•"° �Y comas By. -ItAbo e _ Peter D . O ' Bryan , Chairman '; N o ( Contractor) C ; ; G By. o� a ( CORP RATE SEAL ) J ph A . Baird , County Administr14 ri' r= s o� • .. fest ° 04 0 P °°° °° °° °°" Bernie Barrile , Secretary APPROVED AS TO FORM LEGAL SUFF Y: By : Alan S . Polac wich , Sr. , County Attorney Address for giving notices : P . O . Box 910 Ft . Pierce , FL 34954 - 0910 Jeffrey K . Barton , Clerk of Court License No . CGC 0 6 0 7 9 7 Attest : (Where applicable ) Deputy Clerk ( 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 Facsimile : ( 772 ) 778-9391 Ft . Pierce , FL 34954 - 0910 Phone : ( 772 ) 429 - 4440 Facsimile : ( 772 ) 429 - 4445 ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) * * END OF SECTION 00520 - Agreement ( Public Works ) REV 04-07 (3 ) 00520 - 9 F:\purchasing\Bids\2010-2011 FY (2011000)\2011011 53rd Street Roadway Improvements\00520 - Agreement (Public Works) REV 04-07 (3) .doc SECTION 00550 - Notice to Proceed [ Certified Mail -- Return Receipt Requested] Dated TO : ADDRESS : ( BIDDER ) Contract For: 53rd Street Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) ( Insert name of Contract as it appears in the Contract Documents ) IRC Project No : 0107 IRC Bid No . 2011011 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 days for Substantial Completion of this project and 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 Before you may start any work at the site , paragraph 2 . 05 . 0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured ) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents . Also , before you may start any Work at the Site , you must : (add other requirements , if applicable ) INDIAN RIVER COUNTY ( OWNER) By : (AUTHORIZED SIGNATURE ) END OF SECTION (TITLE ) 00550 - 1 00550 - Notice to Proceed REV 04-07 . doc FAEngineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documen ts\00550 - Notice to Proceed REV 04-07 .doc Rev. 05/01 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL Public Work BK: 2454 PG : 1118 , Pagel of 4 F . S . Chapter 255 .05 ( 1 ) (a) 10/28/2010 at 03 : 49 PM , Cover Page JEFFREY K BARTON , CLERK OF COUR THIS BOND 15 GIVEN TO COMPLY WITH SECTION 255 . 05 OR SECTION 713 . 23 FLORIDA STATUTES , AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 . 05 ( 2 ) OR SECTION 713 . 23 FLORIDA STATUTES , BOND NO : 105375937 CONTRACTOR NAME: Dickerson Florida Inc . CONTRACTOR ADDRESS. P . O . Boa 910 Fort Pierce Florida 34954 CONTRACTOR PHONE NO: 772 -429-4444 SURETY COMPANY NAME: Travelers Casualty and Surety Company of America SURETY PRINCIPAL One Tower Square BUSINESS ADDRESS: Hartford , ConnectlCLlt 06183 SURETY PHONE NO: 828 -236 - 1000 OWNER NAME: Indian RiverS o1111ty Board of c. m y Commissioners OWNER ADDRESS: 1800 27th Street Vero Beach , Florida 32960 OWNER PHONE NO: 772 - 567- 8000 OBLIGEE NAME: (if con tTacting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO: BOND AMOUNT: $ 54082 , 958 . 55 CONTRACT NO: ( [f applicable ) DESCRIPTION OF WORK: Construction of a 4 lane divided roadway for 53rd Street from IRFWCD Lateral H Canal to Indian River Blvd . PROJECT LOCATION: Indian River County Florida LEGAL DESCRIPTION : 53rd Street Roadway Improvements I . R . F . W . C . D . Lateral FI Canal to Indian River (If applicable) Boulevard - Bid Number 201 101 1 FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page numbers ) that may be printed thereon. 00610 - 2 00610 - Public Construction Bond . dre F :\Engineering\Capital Projects\0107 -53rd St, 58th Ave-US # 1 \Contract Documents\00610 - Public Construction Bond . doc PUBLIC CONSTRUCTION BOND Bond No . 105375937 ( 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 Board of County herein called Owner , in the sum of $ $ 5 , 082 , 958 . 55 for payment of which we Commissioner 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 October 19, 2010 between Principal and Owner for construction of 53rd St. Roadway Improvements IRFWCD Lateral FI Canal to Indian River Blvd 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 4 . Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force . Any action instituted by a . claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05(2 ) , Florida Statutes . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's';; obligation under this bond . DATED ON October 21 , 2010 Dickerson Florida, Inc . ;� , • . , • ` = e of Princi al By ( As Attornen1n Fact r Karen K . Beard . Attorney- - act an grids Licensed:'Aaent y Travelers Casualty and Surety Company oij America ( Name of Surety ) 00610 - 3 00610 - Public Construction Bond . doc F :1Engineering\Capital Projects\0107 -53rd St . 58th Ave-US #1 tContract DOCUments\00010 - Public Construction Bond . doc 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 . 003697500 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 A shpyillg State of NTOrdi Carotin 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 . 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 1 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 G �$ V��. V F 6 •�4. ��? ,rG ...�+ SOq amu,. JpVIY ANO 0SKOF .......... 1. g 9'iCW TED � i' WGp0. gl� jn`I yVZ '�^ :'F� C9 : �' : m S t £ -.._ n : a HARTFOFiD�1977 1951 J ' S E A L i t o t CONN.�� ood:.SEAL, nOt�6l:............ , r �....... r 1 �N Att� O` /f State of Cod'necticut By : City of Hartford ss . GeorgiV Thomp%eniore 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. C +TlT In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June , 201 ] . �0!/BL�G * Marie C . Tetreault. Notary Public �s 1 58440-4-09 Printed in U . S . A . WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters , Inc . , St . Paul Fire and Marine Insurance Company, St . Paul 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 Attomey 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 1-0. Kori M . Johans Assistant Secretary p�5u,� Q.pNtY v� el0. E6`Wwe ��M Ilyg� ..p+"'�Hs�y� Jr�tY qpo �"'�Y �tyA,yp O yO' �1�• Y� to Wv�e�,. 4 9 �.0° p >OR� >f� /R : pFOF9 ' °I^ � u R, tl R '- 5 �i (1 �4 "`^�vMVlrtl'! m � f _• . m S tt�W . Go _._ rf � `0 i �`' CONftlfilFOflD, °� : t o w N CONN• tja` r 19$ 1 ..SEAL %o , �o . SEAL ,' r f �Q< ���ct+'H�D �, � »%rosy t c° a '••......:•'ar! `v:•.. :'dn 's Jnr f "- To verify the authenticity of this Power of Attorney, call 1 - 800-421 -3880 or contact us at w ww .travelersbond .com . Please refer to the Attorney - In -Fact number, the above -named individuals and the details of the bond to which the power is attached . WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER j ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE o' PRODUCER Serial # B1202 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SURETY AGENCY , LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 552-B NEW HAW CREEK ROAD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . ASHEVILLE , NC 28805 I INSURERS AFFORDING COVERAGE 828-236-1000 FAX 828 -236- 1001 INSURED DICKERSON FLORIDA, INC . INSURERA: CHARTER OAK FIRE INS CO . P . 0 . BOX 910 INSURER B: TRAVELERS INDEMNITY COMPANY FT . PIERCE , FL 34954-0910 INSURER C : TRAVELERS PROPERTY CASUALTY CO OF AMERICA INSURER D: _ INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS , INSR ' POLICY EFFECTIVE ATIO POLICY EXPIRN ILTR TYPE OF INSURANCE I POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000 , 000 B X COMMERCIAL GENERAL LIABILITY 82BOB629 07/01 /2010 07/01 /2011 FIRE DAMAGE (Any one fire) $ _ 300 , 000 LAIMS MADE L'- CX OCCUR MED EXP (Any one person) $ 1 0 , 000 j -- PERSONAL & ADV INJURY $ 110009000 - - - '- ----- -- - - - --- -- --..— _. __- ---- - -- --- _._.. '---- GENERAL AGGREGATE $ 21000 , 000 . . - _ _ ._ . . . ..._ .... ... . .. ...._.. .-- - - - -- — . . . —. __ ..-...._ _ _. .._ . ... GEN ' L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 POLICY X jE� LOC _AUTOMOBILE LIABILITY 82 $06630 07/01 /2010 07/0112011 COMBINED SINGLE LIMIT $ 1 , 000 , 000 C X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 3 , 000 , 000 C X , OCCUR I_ I CLAIMS MADE 82806654 07/01 /2010 07/01 /2011 AGGREGATE $ 3 , 0009000 $ DEDUCTIBLE $ RETENTION $ $ WC ATU- OTH- j WORKERS COMPENSATION AND 8280B549 07/01 /2010 07/01 /201 1 . X ' TORY LIMITS , ER A EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 5009000 E L. DISEASE EA EMPLOYEEI $ 500 , 000 E. L. DISEASE - POLICY LIMIT $ 500 , 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS 53RD STREET ROADWAY IMPROVEMENTS ( LATERAL H CANAL TO INDIAN RIVER BOULEVARD ) , INDIAN RIVER COUNTY BID NO . : 2011011 IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CERTIFICATE HOLDER IS ADDITIONAL INSURED FOR THE WORK PERFORMED BY THE INSURED CERTIFICATE HOLDER X ' ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION INDIAN RIVER COUNTY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1800 27TH STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL VERO BEACH , FL 32960 IMPOSE NO OBLIGATION OR LIABILITY OF KIND UPON THE INSURER, ITS AGENTS OR REPRE TATIVES. AUT IZED REPRESEN 1 KAREN BEARD ACORD 25 -S (7/97) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the policy ( ies ) must be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s ) . 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 ) . DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s ) , authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . ACORD 25-S ( 7/97 ) SECTION 00622 = Contractor ' s Application for Payment ( 53rd Street Roadway Improvements IRFWCD Lateral H Canal to Indian River Boulevard ) Application for Payment No . For Work Accomplished through the period of through To : Indian River County ( OWNER ) From : ( CONTRACTOR ) Bid : 2011011 Project : 0107 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) : $ * * Attach detailed schedule of materials and copies of all invoices with lien releases 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev . 05101 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev . 05/01 Page 4 of 5 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev. 05/01 PROJECT NAME : 53rd Street Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) Project No . 0107 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 ' , , ;�/ a,a r�tis n's, , .aYy . . ,.i .a, , E ° �.r$. E, Va \��4R SUBTOTAL SUBTOTAL 0 . 00 0 . 00 0 . 00 0 . 00 0. 00 0 . 00 IV FORCE ACCOUNT 1 LS 3 - \\ \`...: aRK €k„4 a? ; : ' k . . N'; R. „r " ,s^ r . uxy. _ _£ ,. ka - ,. .. i. . � . ,_ . . L. .tib . .„aeC. .. . ., , :.� . �``� a .. . ,iz.�_. . . . . : . ELE.,. a " 1pk..:r„ �.. wh :o �C�R�<.. °5a GRAND TOTAL TOTAL 0 . 00 AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0.00 SUB-TOTAL MATERIALS STORED AND COMPLETED TO D DATE $0.00 - 0 M RETAINAGE AT 101% $0.00 0 rn TOTAL COMPLETED AND STORED LESS RETAINAGE $0.00 N ^'m LESS PREVIOUS PAYMENT $0.00 AMOUNT DUE CONTRACTOR $0.00 F : \ Engineering\Capital Projects\0107 - 53rd St, 58th Ave - US # 1 \Contract Documents\00622 -Contractor ' s Application for Payment Spreadsheet Example . doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance : 20 OWNER : Indian River County CONTRACTOR : Bid No . : 2011011 Project : 53�et Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) Project No . 0107 CONTRACT FOR : 53rd Street Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) ( Insert Name of Contract as it appears in the Bid Documents ) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof : To - OWNER And To - CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion REV 04-07 . doc 00630 - 1 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00630 - Certificate of Substantial Completion REV 04-07 .doc The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : CONTRACTOR : The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR' s obligation to complete the Work in accordance with the 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US #1 \Contract Documents\00630 - Certificate of Substantial Completion REV 04-07 .doc SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) STATE OF COUNTY OF Personally before me the undersigned officer , authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 20 , enter into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below . 5 . The Work is complete and ready for final acceptance by the OWNER . 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . 00632 - 1 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00632 - Contractor's Final Certification REV 04-07 . doc ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this _ day of 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632 - 2 F : \Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00632 - Contractor's Final Certification REV 04-07 . doc SECTION 00634 = PROFESSIONAL SURVEYOR AND MAPPER' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK ( TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by : ( Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project : PROJECT NAME : 53rd Street Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) INDIAN RIVER COUNTY PROJECT # 0107 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 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 03 Commencement of Contract Times; Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M - M . . . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 02 Labor, Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . doc 00700 - 2 F:\Engineermg\Capital Projects\0107-53rd St, 58th Ave-US # I \Contram 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, . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 ARTICLE 8 - OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . , . , . . . . . . . . . . . P . . . . . . . . . . IN . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 . . , , . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . mp . . . . . . . . . . . . . . . 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 - Genera] Conditions REV 04-07 . doc 00700 - 3 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract 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 ARTICLE 16 - DISPUTE RESOLUTION . . , . . . . . . . . . . . . . . . . . . . . . I . . . . . M . . . . . . . . M . . . . . . W . M . . . . . . . . . W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . .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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 17 . 05 Controlling Law . . m . . . . . . 1p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W . . . . . . . . . . . . . . . . . w . . . . . . . . . . . m . . w . . . w . .44 00700 - Genera] Conditions REV 04-07 . doc 00700 - 4 F \Engineering\Capital Projects\0107-53rd St, 58th Ave-US WContract Documents\00700 - General Conditions REV 04-07.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . C/a/m--A demand or 1 . 01 OWNER or CONTRACT-OR seekingassertion by Defined Terms Contract Price or Contr an adjustment of relief with respect to th � ct Times , or both , or A. Wherever used in the Contract Documents demand for money or ser terms of the other and printed with initial or all capital letters , the terms services b Contract. A listed below will have the meanings indicated which Claim . y a third party is not a are applicable to both the singular and plural thereof. 11 . Contract--Thi entire and integrated 1 . Addenda—Written or graphic instruments written agreement CONTRACTOR concernl�een the OWNER issued prior to the openingsupersedes g the Work . and correct, or change the Biddingof Bids which or prior negotiations , representat o�s traor clarify agreements , whether written or oral . Contract Documents . Requirements or the 2 . Agreement--The written instrument which 12 . Contract Documents—The is evidence of the agreement between OWNER and Documents establish the rightsContract CONTRACTOR covering the Work. parties and include the q and obligations of the pertain to the Contract Do 9reents) ,emen Addenda (which Bid (including documentation ments) , CONTRgCTOR's 3 • Application for Payment--The and any post Bid documentationaccompanying the Bid acceptable to ENGINEER which is to be used b Notice of Award) when attached submitted prior o the CONTRACTOR during the course of the Work in . as an exhibit to the Y Agreement, the Notice to Proceed , the Bonds , these requesting progress or final payments and which is to General Conditions , the S ns be accompanied by such supporting documentation the Specifications and the swing uPplementa as is required by the Contract Documents . drawings as the sameare'more specifically identified i with all Written Amendments Agreement, together 4 . Asbestos--Any material that contains Change Directives , Field Or , Change Orders , Work more than one percent asbestos and is friable or is written interpretations and clarifications ders , and ENGINEER 's releasing asbestos fibers into the air above current after the Effective Date of thenfgreens issued o or action levels established by the United States Occu a_ Shop Drawings and the reports q tional Safety and Health Administration . P subsurface and physical co ports and drawings Approved Documents . Only y Ilditions are not Contract 5 . Bid--The offer or proposal of a bidder Y Printed or hard copies of the items submitted on the prescribed form setting forth the listed in this paragraph are Contract Documents . Files prices for the Work to s performed . in electronic media format of text, data the like that may be fur ' graphics , and CONTRACTOR are not Contract by OWNER to 6 . Bidding Documents—The act Documents . Requirements and the proposed Contract Documents. Contract Price—The (including all Addenda issued prior to receipt of Bids . OWNER to CONTRACTOR moneys payable by ) Work in accordance with the for completion of the 7. Bidding stated in the Agreement sub Contract Documents as Advertisement or Invitation to B de4lnst m nts--The tions to Paragraph 11 . 03 in the case of Un to the provisions of Bidders , Bid security form , if any, and the Bid form Unit Price Work) . with any supplements . 14 . Contract Times—T the dates stated in the Agreement he number of days or 8 . Bonds--Performance and payment bonds Substantial Completion ; and (") cOmpl to : (i) achieve and other instruments of security. that it is ready for final Yr complete the Work so ENGINEER 's written recommendation ent io evidenced by y. 9 . Change Order--A document recommend- ment. endation of final pay_ ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition , deletion , or R 15 . CONTRACTOR—Th revision in the Work or an adjustment in the Contract with whom OWNER has entered a individual or entity Price or the Contract Times , issued on or after the Into the Agreement. Effective Date of the Agreement. 16 . Cost of the Work--See paragraph 11 . 01 .A for definition . F: \Engineering\Capital Projects\0107-53rd St, 58th Ave-US # ] \Contract Documents\00700 - 00700 . 5 00700 - GrnGeneral Conditions REV 04-07. doc eral 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 entered into the Agreement and for whom the Work is entity having a contract with ENGINEErnish to be performed . services as ENGINEER's in ent professional associate or consult respect to the Project and 31 . Partial Utilization—Use by OWNER of a who is ed as such in the Supplementary substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work . 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 Regu/at- 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 39 . Shop Drawings--All drawings , diagramsthe basis of unit prices . , 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 F:\Engineering\Capital Projects\0107-53rd Sl, 58th Ave-US #1 \Contract 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 1 . The word "day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight . 2 . 01 Delivery of Bonds C . Defective A. When CONTRACTOR delivers the executed 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 indicated in the Notice to Proceed . A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement . In no event will the said sepline Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement , seRditie+. whichever date is earlier . 2 . 04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com - mence to run . No Work shall be done at the Site prior use. to the date on which the Contract Times commence to run . 2- $ The woFd6 R „ OF {i p peFform 2 . 05 Before Starting Construction A . CONTRACTOR 's Review of Contract Docu- ments: Before undertaking each part of the Work , CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent 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 :1Engineering\Capital Projects\0107 -53rd St, 58th Ave-US #1 \Contract 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 mitting , 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 OWNE all 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 upplementary parts of the Work . Conditions , certificates of urance (and other evidence of insuranc ich either of them or any ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, additional insur may reasonably request) which AMENDING , REUSE CONTRA and OWNER respectively are a68 and FR Hpltalilpl 141n. ap, pGo. FdaRGe With 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 , but before any Work at the Site ia rted , a conference attended by CONTRACT ENGINEER , B . It is the intent of the Contract Documents to and others as appropriate will held to establish a describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract Work and to disc a schedules referred to in para- Documents . Any labor, documentation , services , graph 2 . 05 . rocedures for handling Shop Drawings materials , or equipment that may reasonably be and er submittals , processing 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04-07 .doc C . Clarifications and interpretations of the shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, Contract Documents shall be issued b ENGINEER y ambiguity, or discrepancy unless CON - as provided in Article 9 . TRACTOR knew or reasonably should have 3 . 02 Reference Standards known thereof. A. Standards, Specifications, Codes, Laws, and B . Resolving Discrepancies Regulations 1 . Except as may be otherwise 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 Is 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 Is 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 :\Engineering\Capital Projects\0107-53rd Sl, 58th Ave-US #1 \Contract 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 4 . 01 Availability of Lands of ENGINEER's Consultants with respect to : 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 , B . Upon reasonable written request, OWNER opinions , or information . 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 4 . 02 Subsurface and Physical Conditions change in the Contract Documents ; or 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 - 11 00700 - General Conditions REV 04-07.doc F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 uired b written notice within the time and as re- as required y paragraph 6 . 16 .A) , notify OWNER and ENGINEER in writing about such condition . q Y Paragraph 4 . 03 .A. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith 3 . If OWNER and CONTRACTOR are ( except as aforesaid ) until receipt of written order to do unable to agree on entitlement to or on the so . amount or extent, if any, of any adjustment in the Contract Price or Contract Times , or both , a B . ENG/NEER 's Review: After receipt of written Claim may be made therefor as provided in required b paragraph 10 . 05 . However, OWNER notice as re , q y 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 exploration or tests with respect thereto , and advise l or damages ( including but not limited to al OWNER in writing (with a copy to CONTRACTOR of l fees and charges of ENGINEER 'S findings and conclusions . ) engineers , architects , attorneys , and other 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 1 - The Contract Price or the Contract other project or anticipated project , 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 provisions of paragraphs 9 . 08 and 11 . 03 . pleteness of any such information or data ; and 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 existence of such conditions at the time information and data , 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 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - GOeneral 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 therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6 . 16 .A) , identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site , if any, notice to that owner and to OWNER and 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 Facility. Supplementary Conditions . Except for such reliance on such "technical data , " CONTRACTOR may not rely 2 . If ENGINEER concludes that a upon or make any Claim against OWNER, change in the Contract Documents is required , ENGINEER or any of ENGINEER's Consultants with a Work Change Directive or a Change Order respect to : will be issued to reflect and document such consequences . An equitable adjustment shall 1 . the completeness of such reports be made in the Contract Price or Contract and drawings for CONTRACTOR's purposes , Times , or both , to the extent that they are including , but not limited to , any aspects of the attributable to the existence or location of any means , methods , techniques , sequences and Underground Facility that was not shown or procedures of construction to be employed by indicated or not shown or indicated with CONTRACTOR and safety precautions and reasonable accuracy in the Contract programs incident thereto; or Documents and that CONTRACTOR did not know of and could not reasonably have been 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 - 13 00700 - General Conditions REV 04-07 .doc F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 - NEER (and promptly thereafter confirm such notice in gr aph d al or nt tylfrom�gand againsate t eocodn equ ncany es 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 ,E . CONTRACTOR shall not be required to ConsultantsOWNERand tthe officers , diirrecto s , partners , resume Work in connection with such condition or in employees , agents , other consultants , and any affected area until after OWNER has obtained subcontractors of each and any of them from and any 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 . F 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 parry may make a Claim gence . therefor as provided in paragraph 10 . 05 . F . If after receipt of such written notice 4 . 041 are hnotrovisions intended f to a apply hto4a 2Haz0ardous 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 A. G0N9R4QTC) R pepfaF 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's own forces or others in , accordance with Article 7 . FeMain G . To the fullest extent permitted by Laws and Regulations , OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors , ENGI - NEER, ENGINEER's Consultants and the officers , directors , partners , employees , agents , other consultants , and subcontractors of each and any of 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 - 14 00700 - General Conditions REV 04-07.doc FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04.07 .doc accompanied by a certified copy of such agent's authority to act. 2 . claims for damages because of 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 or its right to do business is terminated in any state 3 . claims for damages because of 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 .013 , 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 . 6 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 customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants , and any other individuals or entities identified in the Supplementary Condi- tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , 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 ; 00700 - General Conditions REV 04-07 .doc 00700 - 15 F :\Engineering\Capital Projects\0107-53rd Sl, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04-07 .doc 4 . include contractual liability insurance ENIGN€€Rsns l}�.^,ts , and aRY oih8F covering CONTRACTOR's indemnity obligations under paragraphs 6 . 07 , 6 . 11 , and , 6 . 20 ; diresterS pam^ers , emp:eyee6 , ageRts ,--a„a 5 . contain a provision or endorsement that the coverage afforded will not be canceled , h �aave aA in� r^ h ;teFestnds�hal�� isted-as materially changed or renewal refused until at ; least thirty days prior written notice has been given to OWNER and CONTRACTOR and to 2 . he , . ,r "P' ^ (9 ., ^ Q „ adtgr'c of 1, „^ ll _ rlcl.” each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the phySiGal less 9F damage to the Wc)Fkl tempo certificates of insurance furnished by the CON - TRACTOR pursuant to paragraph 5 . 03 will so - , provide ) ; , 6 . remain in effect at least until final , payment and at all times thereafter when CON - TRACTOR may be correcting , removing , or replacing defective Work in accordance with damage , and. other peFils A. r r_,a; . GP, 6 Of paragraph 13 . 07 ; and less a6 Fnay be 6peGifiGally reqYiFed by the 7 . with respect to completed operations insurance , and any insurance coverage written on a claims-made basis , remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and ; each other additional insured identified in the Supplementary Conditions , to whom a certificate of insurance has been issued , evidence satisfactory to OWNER and any such ��Arl IM prior tn44e�49 agreed te in g additional insured of continuation of such insurance at final payment and one year thereafter) . ENGINEER 5 . 05 OWNER 's Liability Insurance allow f49F partial utilization of the %A.Inlrk a3d_ d_ ithQ_ R tc) the 4461 �-R; provided by CONTRACTOR under par 5 .049 OWNER, at OWNER's option y purchase and ; and maintain at OWNER'S se OW own liability insurance as protect OWNER against claims - ENGINEER with 30 days , � ,r'tton nntire to e � rh cr�vrrrccrc-�ricri--vv-va� . . . , . ... , . . � .. . .,.. ... ...-. .,� . 5 . 06 Property Insurance 141. aaterest& gtn rn41ToerTr- 3 ENGINEER, 'lT4iTrCCTIs (; ORGUI 1 . ir�Gl�acip thG—interests of nWNE CONTRAQ OR, , ENGINEER 00700 - General Conditions REV 04-07.doc 00700 - 16 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04-07 .doc - - Off Off - . . 11 OF - Off - - - - . .. 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On . . • • . .• • • • ' i • • • • • • • • MCA . . • • 1 • • • • • . • . 0. WffftAWOMMEWAIRLWA Will • • • • • - ffas 21 • ' • ' •' • . 1 • • • • gas 2INTMIMCM . • . • . no • . • • - • 1 • / • 11 111111 • • • 1 1 • • 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 , equivalent, or "or-equal" item or no equipment and machinery, tools , appliances , fuel , substitution is permitted , other items of material or power, light, heat, telephone , water, sanitary facilities , equipment or material or equipment of other Suppliers temporary facilities , and all other facilities and may be submitted to ENGINEER for review under the incidentals necessary for the performance, testing , circumstances described below. start-up , and completion of the Work. 1 . "Or-Equal" Items: If in ENGINEER's 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. 1 , 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 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 . B . 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 FAEngineering\Capital Projects\0107 -53rd Sl, 58th Ave-US #1 \Contract 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 FAEngineering\Capital Projects\0107-53rd Sl, 58th Ave-US #1 \Contract 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 A. Unless otherwise provided in the Supple- performance of the Work . 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 parry 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 engineers , 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 . 6 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:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 F :\Engineering\Capital Projects\010753rd St, 58th Ave-US #1 \Contract 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 . 1 . 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 F :\Engineering\Capital Projects\0107.53rd St, 58th Ave-US #1 \Contract 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 at 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 2 . is caused in whole or in part by any noted in the Contract Documents , then : 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 . B . Unless otherwise provided in the 8 . 07 Change Orders 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 . B . 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 - 27 00700 - General Conditions REV 04-07.doc FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 A. If and to the extent OWNER has agreed to performance of the Work . 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 OWNERisrepresentative 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 - 28 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 F:\Engineering\Capital Projects\0107.53rd St, 58th Ave-US #1 \Contract 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - 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. 00700 - General Conditions REV 04-07 .doc 00700 - 31 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04-07 .doc 2 . Cost of all materials and equipment in accordance with rental agreements approved furnished and incorporated in the Work, includ - by 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 equip- ment and machinery, and the parts thereof j . When all the Work is performed on the whether rented from CONTRACTOR or others basis of cost-plus , the costs of premiums for all 00700 - General Conditions REV 04-07.doc 00700 - 32 F:\Engineering\Capital Projects\0107.53rd St, 58th Ave-US #1 \Contract Documents\00700 . General Conditions REV 04-07 .doc 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 . 01 . 6 , 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 . B . 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 A. The Contract Times (or Milestones ) may only damages arising out of or resulting from : be changed by a Change Order or by a Written 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 F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04-07 .doc B . B . If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI - NEER or inspected or tested by others , CONTRAC - TOR, at ENGINEER 's request, shall uncover, expose , for- iR6PeGti0R61 -4e_stsT 9F appF or otherwise make available for observation , inspec- 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 such Work is defective , CONTRACTOR shall pay all Claims , costs , losses , and damages (including but not paFagraph 13 . C)4 . B shall be paid as pp9NAideri 4p limited to all fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out of or relating to such uncovering , exposure , observa- tion , inspection , and testing , and of satisfactory replacement or reconstruction (including but not 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 shall be performed by organizations acceptable to OWNER and ENGINEER. E . If any Work (or the work of others ) that is to be inspected , tested , or approved is covered by CONto stop the Work, OF aRY P040OR thWeGf-1 - TRACTOR without written concurrence of ENGI - NEER, it must, if requested by ENGINEER, be uncovhowever, this Fight ef 0%NNER to step the vv () Fl( 6 - ered for observation . ROt give Fi6e to ally 121164ty OR the pal of C-ANNER-40 F . Uncovering Work as provided in paragraph ' 13 . 03 . E shall be at CONTRACTOR's expense unless OF 94tyt op ally s6iFety for, ep employee OF @gellt Of CONTRACTOR has given ENGINEER timely notice aReftheaa, 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:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 Is 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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:\Engineering\Capital Projects\0107-53rd Sl, 58th Ave-US #1 \Contract 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 . B .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 of the Work as it has been performed have been exhaustive , extended to every aspect of ated iR papagFaph 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. . TAM days a#er pFe- SeRtatioR of the not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4 . Neither ENGINEER's review of CONTRACTOR's Work for the purposes of D . Reduction in Payment recommending payments nor ENGINEER 's 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 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04-07 . doc Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens ; c . there are other items entitling OWN - ER to a set-off against the amount make WFl#GR Gbj9Gti0R to ENGINEER as tG aR �y recommended ; or d . OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14 . 02 . B . 5 . a through 14 . 02 . B . 5 . c or paragraph 15 . 02 .A. GGIRsideFatiOR of OWNER's 9l3jGGti9RS , ENGINEER 2 . If OWNER refuses to make payment of the full amount recommended by ENGINEER , OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld . OWNER shall promptly pay CONTRACTOR the amount so withheld , or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER Is satisfaction the reasons for such action . , 3 . If it is subsequently determined that , ' OWNER's refusal of payment was not justified , and guarantees . 6lnless; E1WIN1 € R the amount wrongfully withheld shall be treated as an amount due as determined by paragraph informCntrtntCCl� in Wr;t! Rg pl '*GF to ENGINEER's 14 . 02 . C . 1 . ad FeG9FAM8Rd2tiGR Will be 14 . 03 CONTRACTOR 's Warranty of Title 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 , part 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 ENIGINEE—R GORGidWS the Werl<< 1 . OWNER at any time may request CONTRACTOR in writing to permit OWNER to QGPRP1eti9R WhiGh Shall fix the date Of SU136taRti@1 use any such part of the Work which OWNER 00700 - General Conditions REV 04-07 .doc 00700 - 40 F :\Engineering\Capital Projects\010753rd St, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04-07 .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 . 6 . 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 specified in 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 F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - F8GGMFA8Rded by ENGINEER will b9GGMe due shall resume the Work on the date so and , when due , will be paid by OWNER to fixed . 14 .08 Final Completion Delayed SYSPeRGiOR Of GQNTRA(;T-QR makes a- Claim therefe A. If, through no fault of CONTRACTOR, final as pmvided iR paragraph 1945-. 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 F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 , Alp Q. %NNIER fails f9F 30 days to pay GQN- lowest price for the Work performed . , 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 , CONTRACTOR any sum fiRally detepmened to be due , 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - General Conditions REV 04-07 .doc SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC — 1 . 01 Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Performance , Payment and Other Bonds SC — 5 . 01 Certificates of Insurance SC — 5 . 03 CONTRACTOR ' S Liability Insurance SC — 5 . 04 OWNER ' S Liability Insurance SC — 5 . 05 Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor; Working Hours SC — 6 . 02 Permits SC — 6 . 06 Test and Inspections SC — 13 . 03 Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 Arbitration SC — 16 . 03 Liens SC — 17 . 06 00800- i 00800 - Supplementary Conditions 06-09 rev . doc 00800 IF :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US #1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev. doc SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC - 1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910 - 8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below . All provisions , which are not so amended or supplemented , remain in full force and effect . The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC -1 . 01 Defined Terms SC- 1 . 01 . A . 20 . Delete paragraph GC 1 . 01 . A . 20 in its entirety. SC - 1 . 02 Terminology SC- 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place : 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 payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . SC -2 . 06 Preconstruction Conference SC-2 . 06 Delete paragraph GC- 2. 06. A in its entirety and insert the following paragraph in its place : A . Immediately after awarding the contract , but before the CONTRACTOR begins work , the Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in 00800- 1 00800 - Supplementary Conditions 06-09 rev . doc 00800 1 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc paragraph 2 . 05 . 13 , procedures for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . SC -3 . 06 Coordination of Plans , Specifications , and Special Provisions SC-3 . 06 Add the following new paragraphs immediately after paragraph GC- 3. 05: SC- 3 . 06 Coordination of Plans, Specifications, and Special Provisions 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 . SC4 . 02 Subsurface and Physical Conditions SC -4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8 : C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER ' s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : Roadway Soil Survey — Roadway Improvements on 53rd Street and Old Dixie Highway Lateral H Canal to Indian River Boulevard . Geotechnical Services - Proposed Ponds for Improvements to 53rd Street & Old Dixie Hiqhway 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 27`h Street , Vero Beach FL 32960 during regular business hours . These reports and drawings are not part of the Contract Documents . SC -5 . 01 Performance , Payment and Other Bonds SC- 5 . 01 . A . Delete paragraph GC- 5. 01 . A in its entirety and insert the following paragraphs in its place : Within ten ( 10 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100 % of the Contract Price . 1 . In lieu of the Public Construction Bond , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order , certified check , cashier' s check , irrevocable letter of credit or a security as listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made 00800-2 00800 - Supplementary Conditions 06-09 rev . doc 00800 2F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc 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. 8: C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker' s Compensation : To meet statutory limits in compliance with the Worker' s Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident , $ 500 , 000 disease ( policy limit ) and $ 100 , 000 disease (each employee ) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee ( s ) of the CONTRACTOR . 2 . Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/ Completed Operations C . Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C . Non - Owned Autos . 4 . CONTRACTOR ' s "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk" insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER ' s Risk Manager for review and approval . 00800-3 00800 - Supplementary Conditions 06-09 rev . doc 00800 3F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc b . " Indian River County Florida " will be named as "Additional Insured " on both the General Liability , Auto Liability and Builder' s Risk "All Risk " Insurance . C . The OWNER will be given thirty ( 30 ) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER ' s Risk Manager . d . An appropriate " Indemnification " clause shall be made a provision of the Contract ( see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best ' s Rating . D . Additional Insureds : 1 . In addition to " Indian River County , Florida , " the following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR' S liability insurance policies : a . NONE b . C . SC -5 . 05 OWNER ' s Liability Insurance SC- 5 . 05 Delete paragraph GC- 5. 05. A in its entirety. SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06. A , B, and C in their entirety and insert the following paragraphs in their place: A . CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER 's Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder' s Risk "All Risk " or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . 00800-4 00800 - Supplementary Conditions 06-09 rev . doc 00800 4F:\Engineering\Capital Projects\0107-53rd St , 58th Ave-US #1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev. doc 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 . 13 . Add the following paragraphs immediately after paragraph GC- 6. 02. 6: 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year' s Day , Good Friday , Memorial Day , Independence Day , Labor Day , Veterans Day , Thanksgiving Day , Friday after Thanksgiving , Christmas Eve and Christmas Day . Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager . 3 . The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one 00800-5 00800 - Supplementary Conditions 06-09 rev. doc 00800 5F:\Engineering\Capital Projects\0107-53rd St , 58th Ave- US #1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc calendar week , even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER 's employees and costs of ENGINEER 's Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m . except in case of 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 - 119188- 1 2 . St . Johns River Water Management District — Permit no XXXXXXX 3 . Indian River Farms Water Control District — Permit no . XX-XX 4 . Florida Department of Transportation — Permit no 2009- K-490 - 0004 5 . U . S . Department of the Army Corps of Engineers Permit no NW 39 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 . SC - 13 . 03 Test and Inspections SC - 13 . 03 . B . Delete the first sentence of paragraph GC- 13. 03. B in its entirety, and insert the 00800-6 00800 - supplementary Conditions 06-09 rev . doc 00800 6F :\Engineering\Capita1 Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc following sentences in its place: A . 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 . 13 . 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 : C . Payment Becomes Due 00800-7 00800 - supplementary Conditions 06-09 rev. doc 00800 7F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act . F . S . 218 . 70 et. seq . SC - 14 . 04A . After the third sentence in paragraph GC- 14. 04A of the General Conditions, delete the remainder of paragraph 14. 04A in its entirety and replace with the following: " If 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. 048: C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security , operation , safety , and protection of the Work , maintenance , heat , utilities , insurance , and warranties and guarantees SC - 14 . 07 Final Payment 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 00800 8F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract 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 : OF OWNER fails foF 30 days te Pay GONTRACT-OR GIRY 661M fiRally detei:FniRed to be d6le , SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04. A : due-7 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 19`h Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties . The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . SC - 17 Miscellaneous Add the following new paragraphs immediately after paragraph GC 17. 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 00800-9 00800 - supplementary Conditions 06-09 rev . doc 00800 9F :\Engineering\Capita1 Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor , materials and supplies are not assessable against Indian River Countv and are subiect to proper prior notice to ( CONTRACTOR ' S Name ) and to ( CONTRACTOR Surety Company Name ) pursuant to Chapter 255 of the Florida Statutes . This ara rah shall be inserted in eve 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 00800 1 0F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US #1 \Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River Countv CONTRACTOR Bid No . : 2011011 Project : 53r" Street Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) Project No . 0107 ENGINEER Indian River Countv You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order : Attachments : ( List documents supporting change ) 7[D:escriptioon CONTRACT PRICE : CHANGE IN CONTRACT TIMES Amount Descri tion Timetract 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 : (days or dates ) Substantial Completion : Final Completion : ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature ) Date : Date : Date : 00942 - 1 00942 - Change Order Form REV 04-07 . doc F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\00942 - Change Order Form REV 04-07 .doc Rev. 05/01 SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River Countv CONTRACTOR Bid No . : 2011011 Project : 537 Street Roadwqv Im rovements IRFWCD Lateral H Canal to Indian River Boulevard Project No . 0107 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 -F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\00946 - Field Order Order rr ForrmREV 04-07 . o04 -07 . doc SECTION 00948 = Work Change Directive No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR : Bid No . : 2011011 Project : 53r Street Roadwa Improvements IRFWCD Lateral Project No . 0107 H Canal to Indian River Boulevard 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 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 ; If If the change involves an increase , the estimated If Ready l hechange involves for Final e an increase , the he 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 ) 1 1 :7 Date : Date : Date : * * END OF SECTION F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\00948 - Work Change Directive REV 04-07 . doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO , SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS , PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\DIVISION 1 GENERAL REQUIREMENTS . doc SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor , construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC -6 . 02 . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : 4550 41St Street , at the CONTRACTOR ' s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR ' s expense . D . In addition to these Specifications all work must comply with the requirements of the local governing agency , St . Johns River Water Management District , Department of Environmental Protection , 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 . Adjacent property owners at time of bidding are listed below . 01009 - 1 01009 -Special Provisions F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documen ts\01009 - Special Provisions . doc SECTION 01024 FORCEACCOUNT 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 :AEnginee•ing\Capital Projects\0107 -53rd St , 581h Ave- US # I \Contract Documents\01024 - Force ACCOnnt . 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 :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\01050 - Field Engineering .doc B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR 's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper , at the CONTRACTOR Is expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work , the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract . C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper . 1_3 STATION BOARDS A . CONTRACTOR shall erect and maintain white/ black standard FDOT station markers every 100 feet . 1 . 4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5 - 7 of FDOT Standard Specifications . + + END OF SECTION + + 1050 -2 01050 Field Engineering F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\01050 - Field Engineer! ng .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 : \Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\01091 - Reference Standards. doc FDOT/ DOT Florida Department of Transportation FDEP/ DEP Florida Department of Environmental Protection 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:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\01091 - Reference Stan dards. 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 storage at the project site prior to installation . 01215- 1 01215 General Quality Control F :\ Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\01215 General Qua lity. doc 1 . 5 PROJECT PHOTOGRAPHS /VIDEOS A . The CONTRACTOR shall make provisions , at his expense , for photographs and video tapes of all work areas just prior to construction , and for unusual conditions during construction . The photographs and videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . B . Pre- Construction Photographs and Video : 1 . Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction . These photographs and videos shall be a standard DVD format and shall be narrated . 2 . The photographs and video shall include , but not be limited to , the following items shown in a clear manner: 1 ) All existing features within the right-of-way . 2 ) All existing features within the temporary construction easement . 3 ) All existing features within permanent easements . 4 ) All existing features adjacent to any construction . 3 . Detail of the photographs and video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . 2 ) Condition of fencing . 3 ) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7 ) Conditions of lighting and associated wiring . 8 ) Significant detail of any pre - existing damages physical features shall be shown . The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers . 9 ) These photographs and video record shall be presented 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\01215 General Quality. doc SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . B . Place : CONTRACTOR ' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR B . SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER D . OWNER ' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders , 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off-site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220 - 1 01220 Progress Meetings F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\01220 - Progress Meetings. doc SECTION 01310 CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR ' s schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised ( updated ) progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . B . Show changes occurring since the previous submission listing : 1 . Major changes in scope . 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . 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 :\ Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\01310 - Construction Schedule . doc 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions ( updated ) to : 1 . Job site file . 2 . Subcontractors , 3 . Other concerned parties . 4 . OWNER (two copies ) . 5 . ENGINEER B . In the cover letter , instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . + + END OF SECTION + + 01310-2 01310 Construction Schedule F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\01310 - Construction Schedule .doc 01340 — Submittal of Shop Drawings 1 . 1 SCOPE A . Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Article 6 . 17 of the General Conditions , Section 00700 , and as described in this Section . 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor , supplier, or distributor , which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Article 6 . 17 , Section 00700 . B . Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings . 1 . 3 PRODUCT DATA A . Product data are manufacturer' s standard schematic drawings and manufacturer' s catalog sheets , brochures , diagrams , schedules , performance charts , illustrations , and other standard descriptive data . Product data are further defined in Article 6 . 17 , Section 00700 , B . Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project . 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 . 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 . 01340 - Submittal of Shop Drawings . doc 01340- 1 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings B . Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract 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 . 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 . 01340 - Submittal of Shop Drawings . doc 01340-2 F: \Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings 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:\ Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\01340 - Submittal of Shop Drawings. doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO . Contractor : Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re - Submittal ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description : Sub- Contractor : Remarks : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Reviewing Agency : (As checked below) ❑ I R C Engineering Div . Date Received Date Returned No . Copies Ret' d ❑ I R C Utilities Services Remarks : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRC Engineering Division Date Recd from Contractor Date Ret'd to Contractor 1801 27th Street No . Copies Ret'd Vero Beach , Fl . 32960 Remarks : Distribution of Copies : IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings . doc 01340 -4 F:\Engineering\Capital Projects\0107 -53rd St, 58th Ave-US # 1 \Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix " B " for the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six ( 6 ) copies of all submittals that are on 11 - inch by 17- inch or smaller sheets ( no less than 8 1 /2 - inch x 11 - inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 - inch by 17 - inch . H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations : 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 . Not Approved I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected " . Three ( 3 ) prints or copies of the submittal will be returned to CONTRACTOR . J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order , ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . K . If a Shop Drawing marked "Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit . " L . If a submittal is unacceptable , three ( 3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . " Revise and Resubmit" 2 . " Not Approved " M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . 01340 - Submittal of Shop Drawings . doc 01340-5 F: \Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\01340 - Submittal of Shop Drawings. doc 01340 — Submittal of Shop Drawings N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P . ENGINEER will review and process all submittals promptly , but a reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved Shop Drawings to CONTRACTOR . Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other items requiring approval , will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER ' S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR . + + END OF SECTION + + 01340 - Submittal of Shop Drawings . doc 01340-6 F\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\01340 - Submittal of Shop Drawings. doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . B . All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses , etc . , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all temporary water lines . 01520 - 1 F :\ Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\01520 - Construction Facilities .doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B . ' TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job , Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather , spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + 01520 -2 F :\Engineering \Capital Projects\0107 -53rd St , 58th Ave- US # 1 \Contract Documents\01520 - Construction Facilities .doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . B . In order to prevent damage , injury or loss , CONTRACTOR ' S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly , safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather , theft , breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment , except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway , right- of-way , or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work . CONTRACTOR Is responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 01541 - 1 F :\ Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . B . Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run -off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality . I . Coordinate Work in this Section with requirements of other sections herein . 1 . 4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two ( 2 ) days . Irrigation systems partially within the right-of-way of 53rd Street 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer, water , gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water, sewer, electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR ' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR' 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\01541 - Protection of Property. doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , restore it to original condition at CONTRACTOR ' s expense . 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the Work , which shall be paid for under the provisions of Article 11 of the General Conditions , B . Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any extension below the surface . Surface structures include , but are not limited to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs , markers , curbs , walks and all other facil - ities that are visible above the ground surface . C . Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury , all underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully , and as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work , CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work , to the satisfaction of the OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR' S expense . 01541 -4 F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documen ts\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 9s 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 :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documen ts\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 :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\01550 - Access Roads . doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange 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 . 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 . 01610- 1 FAEngineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\01610 - Transportation and Handling of Materials and Equipment. doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 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 :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\01610 - Transportation and Handling of Materials and Equipment . doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\01611 - Storage of Materials . doc SECTION 01630 SUBSTITUTIONS 1 . 1 GENERAL A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , " Substitutes and Or- Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents . 1 . 2 CONTRACTOR ' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer, fabricator , supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . B . For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating "or equivalent , " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR' s option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 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 :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\01630 - Substitutions .doc C , Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method specified . C . In making Request for Substitution , CONTRACTOR represents that : 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer , or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents . 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product , manufacturer, or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 3 . If the substitution will not require a more extensive review , Engineer will proceed with the review without additional cost to CONTRACTOR . 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR ' s expense additional data about the proposed substitute . 01630 -2 01630 Substitutions F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\01630 - Substitutions . doc 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 :\ Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\01630 - Substitutions .doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor , equipment , appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR ' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project , unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway , roadside , and landscaping work within any right- of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710 - 1 F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\01710 - Site Cleanup . doc G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer . Follow the manufacturer' s directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710 -2 F:\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract 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 . 01820 - Post Final Inspection . doc 001820 - 1 F :\Engineering\Capital Projects\ 0107-53rd St, 58th Ave- US # 1 \Contract Documents\01820 - 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 . 00113 Construction Schedules SECTION NO . 00120 Excavation and Embankment SECTION NO . 00160 Stabilization SECTION NO . 00285 Cemented Coquina Shell Base SECTION NO . 00334 Superpave Asphaltic Concrete SECTION NO . 00337 Asphalt Friction Course SECTION NO . 00339 Miscellaneous Asphalt Pavement SECTION NO . 00400 Concrete Structures SECTION NO . 00425 Inlets , Manholes & Junction Boxes SECTION NO . 00430 Pipe Culverts and Storm Sewers SECTION NO . 00515 Aluminum Guiderail/ Handrail SECTION NO . 00520 Concrete Curb & Gutter SECTION NO . 00522 Concrete Sidewalk SECTION NO . 00523 Patterned/Textured Pavement SECTION NO . 00570 Performance Turf SECTION NO . 00650 Vehicular Signal Assemblies SECTION NO . 00580 Landscaping SECTION NO . 00700 Signing and Pavement Markings SECTION NO . 01000 Water and Sewer Utilities SECTION NO . 02670 Flushing , Testing and Disinfecting F:\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10 -2-08 . doc SECTION 1 - Technical Specifications STANDARD SPECIFICATIONS A . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2010 , and Supplemental Specification , Special Provisions and addenda thereto , except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc . may refer to the " Owner" , " Department" , " State of Florida Department of Transportation " , or words relating to offices of State Government , such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word " Owner' s Engineer" , " District Engineer" , " Engineer" , " Project Engineer" , etc . , appears , it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department , Engineering Division acting directly or through duly authorized representatives . Wherever the word " Resident Engineer" appears , it shall be taken to mean an authorized representative of the Owner' s Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County , assigned to observe the progress quantity and quality of the work . The work to be performed per sheet Bid item IRC - U100 Through IRC - U1 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 Pavment 01025- 1 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc Payment for the work specified in this item shall be made under: Bid Item No . 101 - 1 - Mobilization - Lump Sum 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 for the safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . B . BEGINNING DATE OF CONTRACTOR ' S RESPONSIBILITY : The Contractorshall 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 01025-2 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc 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 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 to Maintain Traffic during construction per 53rd St . Roadway Improvements Phase II plan Sheets M - 1 through M - 12 . Owner shall have option to fine the Contractor $ 1 , 000 . 00 per day for Maintenance of Traffic Plan non - compliance . Item of Payment 01025-3 Technical Specifications F :\Engineering\Capital Projects\0107-53rd Sl, 58th Ave- US # 1 \Contract Documents\Technical Specifications .doc Payment for the work specified in this item shall be made under: Bid Item No . 102 - 1 - Maintenance of Traffic - Lump Sum SECTION - 104 - EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE PART 1 — GENERAL 1 . 1 SCOPE A . This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area , to undeveloped portions of the site or off-site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area . C . The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project ' s construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted . If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary , in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector' s Manual , and other references as may be required by regulatory permits . 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 , complywith Chapter4 - " 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 01025-4 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc paragraph SC -6 . 08 of the Supplementary Conditions . Per paragraph SC -6 . 08 . 0 of the Supplementary Conditions , the CONTRACTOR shall apply for, obtain , and pay for all other required permits , licenses , sampling , and tests . Permits the CONTRACTOR may need to secure may include but not be limited to : 1 . Long -term and /or short-term dewatering permit as required by the St . Johns River Water Management District ( SJRWMD ) . Generally, only the short-term permit is required . Contact SJRWMD at ( 321 ) 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 01025-5 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc ceased , unless final landscaping has been installed . Polyacrylamide application shall be as specified herein . D . Inspect each pollution control system at least once per day and after each rainfall event . Clean and maintain each pollution control system as required by its manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property , nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency , and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 . 4 SUBMITTALS A . Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340 , B . Stormwater Pollution Prevention Plan . 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION , AND MAINTENANCE A . State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance : Installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices . After installation , this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER ' s sole opinion , the devices are no longer necessary ( such time not to extend past the date the OWNER formally accepts the project as complete ) . Before beginning construction , submit to Indian River County for review and approval , a Stormwater Pollution Prevention Plan ( SWPPP ) , prepared by the certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County . Submit the approved SWPPP to the ENGINEER before beginning construction . Include in the SWPPP , the " Contractor' s Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site " ( located at the end of this Section ) . 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 , 01025-6 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc contaminants , or manmade or human - induced impairment of off-site waters or alteration of the chemical , physical , biological , or radiological integrity of off- site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property . Pollutants to be removed include but are not limited to , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck washout , stucco mixer washout , curb machine washout , washout from other construction equipment , construction chemicals , and construction debris . B . When the Discharge is Directly Into an Existing Water Body Pollution Occurs When An existing water body ( including ditches and canals ) is defined to be polluted by the CONTRACTOR Is operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR ' s discharge point ( s ) is at least 29 nephelometric turbidity units ( NTUs ) higher than the turbidity of the background water upstream of the discharge point ( s ) . [See Fla . Administrative Code 62 - 302 . 530] Exception : When the discharge is directly into or through an outfall discharging into " Outstanding Florida Waters , " designated by Florida Statute 403 . 061 (27 ) , the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured . C . When the Discharge is not Directly Into an Existing Water Body Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly , such as after traveling through pipes or by overland flow . Before construction commences , the Contractor will measure background levels of total suspended solids (TSS ) and turbidity , in the immediate vicinity of the discharge water' s ultimate discharge point into the receiving water body . If the discharge water' s TSS and turbidity measurements exceed these pre - construction background values by 20 percent for TSS and 29 NTUs for turbidity , then the discharge from the CONTRACTOR ' s operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6 . 5 or greater than 8 . 5 , or whenever any of the following is present in the discharge water : ( 1 ) Hazardous waste or hazardous materials in any quantity , (2 ) Any petroleum product or by- product in any quantity , ( 3 ) Any chemical in any quantity , or (4 ) Concentrated pollutants . E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the types of conditions in which pollution may be determined to occur . 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A . In addition to the OWNER ' s specific remedies , if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site , the OWNER will immediately report the violations to the Indian River County Code Enforcement Board , SJRWMD , FDEP , Indian River Farms Water Control District ( or other F . S . 01025-7 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specification s .doc Chapter 298 Drainage District , as appropriate ) , and other pertinent regulatory or enforcement agencies . PART 2 - MATERIALS AND INSTALLATION 2 . 1 GENERAL A . Polvacrylamide : 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 01025-8 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications .doc polypropylene non -woven geotextile and sewn by a double - needle machine , using a high strength nylon thread . The bag shall have a fill spout large enough to accommodate a 4 - inch pump discharge hose . Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many filter bags as required , at no additional cost to the OWNER . Legally dispose of the bags offsite , at no cost to the OWNER . If the bags are placed on aggregate to facilitate filtration efficiency , do not use limerock aggregate . 3 . Product : The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , Inc . ( 1 -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 01025-9 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc 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 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 - 1 — Erosion & Water Pollution Control - Lump Sum [The remainder of this page was left blank intentionally] 01025- 10 Technical Specifications F :\ Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications .doc CONTRACTOR ' s AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN ) This sworn statement is submitted for Indian River County Project No . 0107 for 53rd Street Roadway Improvements ( IRFWCD Lateral H Canal to Indian River Boulevard ) STATE OF COUNTY OF Personally before me the undersigned authority , appeared administered , stated as follows : who upon oath duly 1 . This sworn statement is submitted by the CONTRACTOR , whose business address is 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 . 01025- 11 Technical Specifications F :\ Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc 6 . 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes Ch . 403 . 141 and Ch . 403 . 161 and that there are other penalties listed in these Technical Specifications . I understand that CONTRACTOR may be liable for these and other penalties if pollution occurs as a result of CONTRACTOR ' s activities associated with the Project . Under penalty of perjury , I declare that I have read the foregoing affidavit and the facts stated in it are true . FURTHER AFFIANT SAYETH NAUGHT Signature : Date : Printed Name : The foregoing instrument was subscribed and sworn to before me this day of , 20_ by , who is personally known to me and who did take oath . Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 01025- 12 Technical Specifications F :\ Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc SECTION - 108 — RECORD DRAWINGS/AS - BUILT DRAWINGS GENERAL A . Maintain and provide the ENGINEER with record documents as specified below , except where otherwise specified or modified in Divisions the Supplementary Conditions . B . Maintenance of Documents : 1 . Maintain in CONTRACTOR ' s field office in clean , dry , legible condition complete sets of the following : Drawings , Specifications , Addenda , approved Shop Drawings , samples , photographs , Change Orders , other modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR' S Work . 2 . Provide files and racks for proper storage and easy access . 3 . Make documents available at all times for inspection by ENGINEER and OWNER . 4 . Do not use record documents for any other purpose and do not remove them from the field office . C . Recording : 1 . Label each document " PROJECT RECORD " in 2 - inch high printed letters . 2 . Keep record documents current . 3 . Do not permanently conceal any Work until required information has been recorded . RECORD AS - BUILT DRAWINGS A . During the entire construction operation , the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare there from " record " drawings showing correctly and accurately all changes and deviations from the work , made during construction to reflect the work as it was actually constructed . B . Record /As- Built survey shall be performed and subsequent plans prepared by a registered Professional Surveyor and Mapper in the state of Florida and certified per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards forthat type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida accordingly . The following items are required to be shown on County project Record /As - Built drawings submitted to ENGINEER : As per Chapter 472 , Florida Statutes and Chapter 61G17 -6 . 007 Florida Administrative Code As- Built — Record — Specific Purpose Surveys : 01025- 13 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record /As - Built survey as it relates to the regulations and standards established for said surveys . AND Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . 1 . Right-of-way Swale/ Drainage — All culvert inverts , elevations and station offsets ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows along top of bank . Size of swale . 2 . Pipe 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 - 01025- 14 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc established as per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency(s ) shall be notified in writing of disturbance and re - establishments . RECORD/AS - BUILTS DRAWINGS FORMAT - SUBMITTALL A . ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As - Built information . B . CONTRACTOR shall deliver seven ( 7 ) certified sets of Record/As- Builts with Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER . 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 . 01025- 15 Technical Specifications F :\ Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc Item of Payment Payment for the work specified in this item shall be made under : Bid Item 108 - 1 — Record Drawings/As - Built Drawings - Lump Sum Bid Item 108 -2 — Survey Control ( install / Re - Establish ) — Lump Sum Bid Item 108 - 3 — Aerial Photography — Lump Sum Bid Item 108 -4 — N . P . D . E . S . Permitting — Lump Sum (THE REST OF THIS PAGE WAS INTENTIONALLY LEFT BLANK ) 01025- 16 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specifications .doc Board of Professional Surveyors and Mappers As -Built Record Survey Checklist Lic . NameDate : Chapter 61G17 =6 Minimum Technical Standards F . A. C . 61G17 -6 . 003 General Survey, Map , and Report Content Requirements ❑ ( 1 ) REGULATORY OBJECTIVE : The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective , surveyors and mappers must achieve the following minimum standards of accuracy, completeness , and quality : ❑ (a ) Accuracy of survey measurements based on the type of survey and expected use . ❑ ( b) Measurements made in accordance with the United States standard , feet or meters . ❑ ( c) Records of measurements maintained for each survey ( check field notes . ) ❑ ( d ) Measurement and computation records dated . ❑ ( e) Measurement and computation records substantiate the survey map . ❑ (f) Measurement and computation records support accuracy statement ( closure calculations or redundant measurements , if applicable . ) (2) Other More Stringent Requirements : ❑ ( a) Met more stringent requirements set by federal , state , or local governmental agencies . (3) Other Standards and/or Requirements that Apply to All Surveys , Maps , and/or Survey Products : ❑ ( a ) REGULATORY OBJECTIVE : In order to avoid misuse of a survey and map , the surveyor and mapper must adequately communicate the survey results to the public through a map , report , or report with an attached map . ( b ) Survey map or report identified the responsible surveyor and mapper and contain standard content . In meeting this objective , surveyors and mappers must meet the following minimum standards of accuracy , completeness , and quality : ❑ (c) Type survey stated on map and report : As -Built Survey Mean High Water Line Survey Boundary Survey Quantity Survey Condominium Survey Record Survey Construction Layout Survey Specific or Special Purpose Survey Control Survey Topographic Survey Hydrographic Survey ❑ ( d ) Name , certificate of authorization number, and street and mailing address of the business entity on the map and report . ❑ (e) Name and license number of the surveyor and mapper in responsible charge . ❑ (f) Name , license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report . ❑ ( g ) Survey date ( date of data acquisition . ) ❑ ( h ) Revision date for any graphic revisions (when survey date does not change . ) ❑ ( i ) Map and report statement " Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. " 01025- 1 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc ❑ Q ) Insurance statement in 1/4 " high letters " The survey depicted here is not covered by professional liability insurance " if there is no professional liability insurance . ❑ ( k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties . ❑ ( 1 ) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise . ❑ ( m ) Bearings , distances , coordinates , and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise . ❑ ( n ) Bearing reference (well established and monumented line) ❑ (o) A designated " north arrow " ❑ ( p) Stated scale or graphic scale ❑ ( q) Abbreviations in legend or notes . ❑ ( r) Special conditions and any necessary deviation from the standards noted upon the map or report . ❑ ( s ) Responsibility for all mapped features stated on the map or report ❑ ( t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others . ( u ) Map Accuracy. ( 1 ) Vertical Feature Accuracy : ❑ ( a ) Vertical Control : Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark . ❑ ( b ) Closure in feet must be accurate to a standard of plus or minus . 05 ft. times the square root of the distance in miles . ❑ ( c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s ) upon which the survey is based . ❑ (d ) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum . (2 ) Horizontal Feature Accuracy : ❑ ( a ) Horizontal Control : All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based . ❑ ( b) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum . ❑ (c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures . All control measurements shall achieve the following closures : Commercial/ High Risk Linear : 1 foot in 10 , 000 feet ; Suburban : Linear : 1 foot in 7 , 500 feet ; Rural : Linear : 1 foot in 5 , 000 feet ; ❑ ( d ) When statistical procedures are used to calculate survey accuracies , the maximum acceptable positional tolerance , based on the 95 % confidence level , should meet the same equivalent relative distance standards as set forth in 61G17 - 6 . 003 ( 3 ) ( p) (2 . ) ( c) F . A. C . ❑ ( e) Intended Display Scale : All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale of 1 /_ or smaller" . 61G17 -6 . 004 Specific Survey , Map , and Report Requirements 01025- 18 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc ( 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- 19 Technical Specifications F :\ Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc SECTION - 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . ( 2010 ) with the following modifications : A . Prior to any clearing and grubbing , the contractor will stake the right-of-way . Unimproved areas shall be cleared of trees , logs , stumps , brush , vegetation , rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade . No stumps , roots , or perishable matter of any description shall remain under concrete slabs or footing , including pavement and sidewalks . B . No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved , after a review of the project site with the Contractor' s representative . C . Where the final pavement or structural work will be close to existing trees , the Contractor shall exercise care in the vicinity of the trees . Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer or where shown on the drawings , work shall be done by hand in order to protect the trees . D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull hair or major root structures . All severed roots shall be sawn clean and paint with pruning paint . Stumps , roots , etc . , shall be completely removed and disposed of by the Contractor . Undesirable , dead , and /or damaged trees ( as so designated by the Engineer) shall be removed . E . All trees to be removed shall be disposed off site ; burning will be strictly prohibited . F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required , this work shall be done in cooperation with the Owner and at no additional expense to the Owner . G . All items to be removed shall be excavated to their full depth . All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner . Those homeowners not desiring the culverts may donate them to the County free of charge . ( See Paragraph C , Special Provisions ) 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 01025-20 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc 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 Pavment Payment for the work specified in this item shall be made under : Bid Item 110 - 1 - 1 - Clearing and Grubbing - Lump Sum Bid Item 110 - 5 — Flow Well ( cut , grout and cap ) — Per Each The provisions of Special Provisions , Paragraph 9 shall be applicable and the costs thereof included under this item . SECTION — 120 = EXCAVATION AND EMBANKMENT A . Earthwork , including earthwork for drives outside the right-of-way limits , shall be paid for as embankment . Cost shall include all work specified in this section and Section 120 of the Standard Specifications . Such price and payment shall specifically include all cost of any roadway , lateral ditch or canal , and final dressing operations . B . Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , isolated swale bottom locations , isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation . Approximately 2 . 0 ft of subsoil excavation is required in sublateral canals . Cost of replacement embankment shall be included in cost of subsoil excavation . Contractor to coordinate with county representative prior to any subsoil excavation . 01025-21 Technical Specifications F :\Engineering\Capital Projects\0107 -53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc D . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120 - 7 . 2 : Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner . Backfill material containing more than 2 . 0 % by weight of organic material , as determined by FM 1 -T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material , shall not be used in construction of the reinforced volume . If an individual test value of the three samples exceeds 3 . 0 % , the stratum or stockpile will not be suitable for construction of the reinforced volume . No A- 8 material permitted in embankment . E . Payment shall be made under: Bid Item No . 120 - 1 — Excavation , Regular ( Roadway )— Per Cubic Yard Bid Item No . 120 - 1 B — Excavation , Ponds — Per Cubic Yard Bid Item No . 120 - 6 - 1 - Embankment ( Compacted in Place ) - Per Cubic Yard Bid Item No . 120 - 6 - 1 B — Embankment (Around Ponds ) — 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 . B . Payment shall be made under: Bid Item No . 160 -4 - 1 - 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 01025-22 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc 3 . B . Payment shall be made under : Bid Item No . 285 - 706 — Optional Base Group 6 Two Lifts - Per Square Yard SECTION — 334 - SUPERPAVE ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 337 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Sub article 334 -8 . 1 through 334 -8 . 3 — Basis of Payment shall be deleted in its entirety . Sub article 334 - 8 . 4 — Payment shall be amended as follows : Item No . 334 - 1 - 13A — Superpave Asphaltic Concrete (Traffic C ) — 1 . 5 " SP 12 . 5 — Per Square Yard . Item No . 334 - 1 - 13B — Superpave Asphaltic Concrete (Traffic C ) — 1 . 5 " SP 9 . 5 — Per Square Yard . Item No . 334 - 1 - 13C — Asphaltic Concrete (Turnouts & Drives ) 1 . 5 " Thick — Per Square Yard . SECTION — 337 - ASPHALTIC CONCRETE FRICTION COURSE The work specified in this item shall conform to Section 337 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Sub article 337 - 12 . 1 through 337- 12 . 3 — Basis of Payment shall be deleted in it ' s entirety . Sub article 337 - 12 . 4 — Payment shall be amended as follows : Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 337 - 7 - 5 — Type FC - 5 Asphalt Concrete Friction course — 3/4 " Thick — Per Square Yard 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 Payment for the work specified in this item shall be made under: Bid Item No . 339 - 1 — Miscellaneous Asphalt ( Under Guardrail ) - Per Ton 01025-23 Technical Specifications F : \ Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc 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 - 11 — Concrete ( Class 1 ) for Gravity Walls — Per Cubic Yard Bid Item No . 400- 1 - 2 — Concrete ( Class 1 ) for End Walls — Per Cubic Yard SECTION - 425 — INLETS , MANHOLES & 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 - 351 — Inlet , Curb (Type " P- 5 " ) — Per Each Bid Item No . : 425- 1 - 361 — Inlet , Curb (Type " P - 6 " ) — Per Each Bid Item No . : 425 - 1 -461 — Inlet , Ditch Bottom (Type "J -6 " ) — Per Each Bid Item No . : 425 - 1 - 521 — Inlet , Ditch Bottom (Type " C " ) — Per Each Bid Item No . : 425- 1 - 551 — Inlet , Ditch Bottom ( Type " E " ) — Per Each Bid Item No . : 425 - 1 - 581 — Inlet , Ditch Bottom (Type " H " ) — Per Each Bid Item No . : 425- 1 -91 — Closed Flume Inlet (Type 11 ) — Per Each Bid Item No . : 425- 1 - 901 — Inlet , Ditch Bottom (Type " P " Bottom & "X" Top ) — Per Each Bid Item No . : 425 - 1 - 901A — Inlet , Ditch Bottom (Type " J " Bottom & "X" Top ) — Per Each Bid Item No . : 425 -2 -41 — Manhole Structure ( Type " P- 7 " ) — Per Each Bid Item No . : 425-2 -61 — Manhole Structure (Type " P - 8 " ) — Per Each Bid Item No . : 425-2 - 71 — Manhole Structure ( Type " J - 7 " ) — Per Each Bid Item No . : 425 - 2 - 91 — Manhole Structure ( Type "J -8 " ) — Per Each Bid Item No . : 425 - 6 — Valve Box Adjustments — Per Each SECTION - 430 — PIPE CULVERTS 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 - 172 - 101 — Concrete Pipe Culvert Class 111 ( 18 " ) — Per Linear Foot 01025-24 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specification s .doc Bid Item No . : 430 - 172 - 101 A — Concrete Pipe Culvert Class III ( 24 " ) — Per Linear Foot Bid Item No . : 430 - 172 - 102 — Concrete Pipe Culvert Class III ( 30 " ) — Per Linear Foot Bid Item No . : 430 - 172 - 102A — Concrete Pipe Culvert Class III ( 36 " ) — Per Linear Foot Bid Item No . : 430 - 172 -201 — Concrete Pipe Culvert Class III ( 12 "X18 " ) — Per Linear Foot Bid Item No . : 430 - 172 - 201A — Concrete Pipe Culvert Class III ( 14 "X23 " ) — Per Linear Foot Bid Item No . : 430 - 172 -201 B — Concrete Pipe Culvert Class 111 ( 19 "X30 " ) — Per Linear Foot Bid Item No . : 430 - 174 - 101 — Corrugated Aluminum Pipe ( 12 " ) — Per Linear Foot Bid Item No . : 430 - 172 - 101A — Corrugated Aluminum Pipe ( 24 " ) — Per Linear Foot Bid Item No . : 430 - 172 - 101 B — Corrugated Aluminum Pipe ( 18 " ) — Per Linear Foot Bid Item No . : 430- 174 - 102 — Corrugated Aluminum Pipe ( 36 " ) — Per Linear Foot Bid Item No . : 430 - 984 - 129 — Mitered End Section ( 24 " ) — Per Each Bid Item No . : 430 - 982 - 623 — Mitered End Section ( 12 "X18 " ) — Per Each Bid Item No . : 430 - 984 - 629 — Mitered End Section ( 19 "X30 " ) — Per Each SECTION - 515 - STEEL GUIDERAIL/ HANDRAIL The work specified in this section shall conform to Section 515 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . ( 2010 Edition ) Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 515 - 1 -2 — Steel Guiderail / Hand Rail — Per Linear Foot SECTION - 520 - CONCRETE CURB AND GUTTER The work specified in this item shall conform to Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . 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 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: Bid Item No . 522 - 2 — Concrete Sidewalk ( 6 " Thick , 6 ' Wide ) — Per Square Yard 01025-25 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc SECTION - 523 — PATTERNED/TEXTURED PAVEMENT 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: Bid Item No . 523 - 1 — Patterned /Textured Concrete ( Colored ) ( 6 " Thick ) ( In Traffic Separator) — Per Square Yard SECTION — 570 - PERFORMANCE TURF 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 fry acceptance . Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square ) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer . All replacement sod shall be furnished / installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer : Commercial fertilizers shall comply with the state fertilizer laws . The numerical designations for fertilizer indicate the minimum percentages ( respectively ) of ( 1 ) total nitrogen , ( 2 ) available phosphoric acid and ( 3 ) water- soluble potash contained in the fertilizer . The chemical designation of the fertilizer shall be 16 -4 - 8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal 01025-26 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\Technical Specifications .doc super phosphate or an equivalent source which will provide a minimum of two units of sulfur . The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container . Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570 - 5 and 2 . 34 . 13 . F . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner , at his discretion , may authorize the elimination of ground preparation . G . Application of Fertilizer: Before applying fertilizer , the soil pH shall be brought to a range of 6 . 0 - 7 . 0 . Contractor shall apply two ( 2 ) applications . The initial shall be fertilizer and the second application shall be "weed and feed " . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre , or 10 pounds per 1 , 000 square feet , by a spreading device capable of uniformly distributing the material at the specified rate . Contractor shall apply applications as per manufacturer' s specification . All tickets from bags shall be handed over to the County Inspector. On steep slopes , where the use of a machine for spreading or mixing is not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches . H . Placing Sod : The sod shall be placed on the prepared surface , with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow . Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits , the outer pieces of sod shall be tamped so as to produce a featheredge effect . Where sodding is placed abutting paved shoulder , the contractor is to ensure that the finished sod elevation is 1 '/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 ) . 01025-27 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc 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 . The contract unit price for sodding shall include the costs of sod , fertilizer ( 2 applications ) , sidewalk sweeping after mowing , mowing , pegging disposal of clippings , water , tools , equipment , labor and all other incidentals necessary . L . Payment shall be made under: Bid Item No . : 570 - 1 -2 — Performance Turf - Sod ( Bahia ) - Per Square Yard Bid Item No . : 570 - 1 -2A — Performance Turf - Sod ( Floratam ) - Per Square Yard SECTION - 580 — LANDSCAPE INSTALLATION The work specified in this item shall conform to Section 580 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 . : 580 - 1 - 1 — Cabbage Palm ( 10 ' - 16 ' Height ) — Per Each Bid Item No . : 580 - 1 - 2 — Live Oak ( 16 ' -20 ' Height ) — Per Each Bid Item No . : 580- 1 - 3 — Shredded Pine Bark Mulch — Per Cubic Yard SECTION - 650 — VEHICULAR SIGNAL ASSEMBLIES The work specified in this item shall conform to Section 650 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Sub Article 650 -3 Installation is modified by the addition of the following : The signal heads to be installed on the Joint Use Cantilever Structure with FEC shall follow the guidelines below : 1 . The Cantilever Structure will be owned and maintained by the Railroad Authority . 01025-28 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc 2 . All Conduit , Brackets , Cable , etc , required for the Traffic Signal mounting on the Railroad Cantilever will be external of the Railroad Cantilever, and can only be " Clamp -On " type brackets . 3 . The Traffic Signal System and apparatus will be independent and isolated from all Railroad equipment wiring and apparatus . 4 . Placement of highway traffic signals to be installed on the Railroad cantilevers is an acceptable solution to the traffic situation as long as the following are observed and performed by the department and or city. 4a . Exterior conduits must be used for electrical circuits to lamps . 4b . No holes will be made in railroad cantilevers for the mounting of lamps , brackets or conduits . Stainless steel buckles , banding , brackets and hardware must be used to attach traffic lamps and conduit to the railroad cantilever signal . 4c . No plated , coated or galvanized bolts or fastenings will be permitted . 4d . Traffic light and mounting assembly cannot weight more than fifty pounds . 4e . The alignment of the Traffic Signals horizontally should alternate between the fixed Railroad Flashing Lights . 4f. The alignment of the Traffic Signals apparatus and mounting hardware vertically shall provide a minimum of 17 ' vertical clearance from the roadway. 5 . Any traffic light maintenance procedures that are required within 20 feet of the near rail or involve traffic lane diversion or detour near this crossing must comply with the Federal Railroad Administration ( FRA) ' On -Track ' safety requirements and Railroad flagging procedures . Any activity , no matter how brief, must include a ' railroad ' flagman whom has been present at all times to insure that all parties present are observing these regulations and Railroad safety procedures for highway construction or maintenance contractors within vicinity of the track zone . 6 . Traffic light construction by city and/or DOT must be performed using mobile platforms or ' cherry picker' assemblies . Traffic light contractors , inspectors , or maintenance agents cannot have access to Railroad Signal ladders or arm walkways . (THE REST OF THIS PAGE WAS INTENTIONALLY LEFT BLANK ) 01025-29 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc SKY BRACKET Covr+ad Rry aor or +Amr wssM,+.eaoamts i # t ; g "kit. , r � I . � '1 ♦ f 1 Y , q � ks yam "� 3 � 3 ♦ } f • P I . � I , ) ♦ a tea ' . 5829-SCKof — %SCUD CCK 57D. CLAMP KiT 1 CABLE CLAMP KIT sW 7 : 2w 31 44 £ I b♦ Y 'I R i Fr •Y " W4 , S82946 SM 3 SECTION SKY BRACKET e r, i 3 r SB29%3M-46 °S8294WEP,37 SB;t9-2W 3 SEC'"11ON 3M ASSEMBLY STD, CLUSTER ASSEMBLY TWO WAY VARIABLE ASSEMBLY 01025-30 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\Technical Specifications .doc SECTION - 700 - SIGNING AND PAVEMENT MARKINGS A . Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010 ) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer' s specifications . B . Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner' s Engineer or Resident Construction Inspector , the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4 " x 4 " . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . : 700 -20 - 11 through 11 L— Single Post Sign (Varied Sizes and Styles ) — Per Each Bid Item No . : 706 - 3 — Retro - Reflective Pavement Markers Bi - Directional (Amber/Amber) — Per Each Bid Item No . : 706 -3 - 1 — Retro- Reflective Pavement Markers Mono - Directional (White/Clear) — Per Each Bid Item No . : 706 - 3 -2 — Retro - Reflective Pavement Markers Bi - Directional (White/ Red ) — Per Each Bid Item No . : 711 - 11 - 17 — Thermoplastic White Standard Turn Arrow — Per Each Bid Item No . : 711 - 11 - 17A — Thermoplastic Messages ( " RR CROSSING " )— Per Each Bid Item No . : 711 - 11 - 17B — Thermoplastic Messages ( " ONLY" ) — Per Each Bid Item No . : 711 - 11 - 121 — Thermoplastic Solid Traffic Stripe ( 6 " White ) - Per Linear Foot Bid Item No . : 711 - 11 - 122 — Thermoplastic Solid Traffic Stripe ( 8 " White ) - Per Linear Foot Bid Item No . : 711 - 11 - 123 — Thermoplastic Solid Traffic Stripe ( 12 " White ) - Per Linear Foot Bid Item No . : 711 - 11 - 124 — Thermoplastic Solid Traffic Stripe ( 18 " White ) - Per Linear Foot Bid Item No . : 711 - 11 - 125 — Thermoplastic Solid Traffic Stripe ( 24 " White ) - Per Linear Foot Bid Item No . : 711 - 11 - 141 — Thermoplastic Skip Stripe ( 6 " White 10 ' -30 ' ) - Per Linear Foot Bid Item No . : 711 - 11 - 141A — Thermoplastic Skip Stripe ( 6 " White 6 ' - 10 ' ) - Per Linear Foot Bid Item No . : 711 - 11 - 141 B — Thermoplastic Skip Stripe ( 6 " White 2 ' -4 ' ) - Per 01025-31 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc Linear Foot Bid Item No . : 711 - 11 -221 — Thermoplastic Solid Traffic Stripe ( 6 " Yellow ) - Per Linear Foot Bid Item No . : 711 - 11 -221A — Thermoplastic Solid Traffic Stripe ( Double 6 " Yellow ) - Per Linear Foot Bid Item No . : 711 - 11 -221 B —Thermoplastic Skip Stripe ( 6 " Yellow 6 ' - 10 ' ) - Per Linear Foot Bid Item No . : 711 - 11 -224 — Thermoplastic Solid Traffic Stripe ( 18 " Yellow ) - Per Linear Foot Bid Item No . : 711 - 11 -241 — Thermoplastic Skip Stripe ( 6 " Yellow 2 ' -4 ' ) - 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 . IRC- U100 — Fire Hydrant Relocation — Per Each Bid Item No . IRC- U101 — Water & Force Main Relocation — 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 01025-32 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specification s .doc minimum . 2 . Fittings : All underground fittings shall be either bell and spigot , or mechanical joint . Mechanical joints shall conform to AWWA specification C11O (ANSI 21 . 10 -87 ) , or latest revision . All exposed aboveground fittings shall be 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 . 01025-33 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc 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 . 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 : 01025-34 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US # 1 \Contract Documents\Technical Specifications . doc 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 . 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 01025-35 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc 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 . + + END OF SECTION + + 01025-36 Technical Specifications F :\Engineering\Capital Projects\0107-53rd St, 58th Ave- US # 1 \Contract Documents\Technical Specifications . doc APPENDIX ` A ' PERMITS ® Florida Department of Transportation ■ St . John River Water Management District ® US Army Corps of Engineers ® Florida Department of Environmental Protection Indian River Farm Water Control District Appendix A-Permits F :AEngineering\Capital Projects\0107 -53rd St , 58th Ave-US # Wontract DocLlments\APPENDIX A - Permits .doc =tib Florida Department of Transportation CHARLIE CRIST 3400 West Commercial Boulevard STEPHANIE C. KOPELOUSOS GOVERNOR Fort Lauderdale , FL 33309 -3421 SECRETARY May 10, 2010 dD . Weragoda Indian D Indian River County lJ 1801 27 Street Vero Beach, FL 32960 AY 2010 INDIAN RIV Dear Mr. Weragoda ENGINEERING COUI ,7 ON Subject : Permit Number: 2009-K-490- 0004 State Section: 88010 State Road : 5 Applicant : Indian River County Attached is your APPROVED permit package for the subject permit. If you have questions please contact me at the address or telephonenumber above . PLEASE don ' t let this permit expire . Request an extension thru the Operations Center. If itdoes expire, a District review will be required again for a new permit. Please contact Jerry Dean at the District Permits Office with any questions at telephone number 954' 77 - 4374, fax number 954-677-7893 or e-mail : jerry . dean@dot. state . fl . us Sincerely, Je can D trict Permits Coordinator JMD C :UerryTERMIMUSER FILES\Approved PermitT Master. doc www . dot . state . fl . us 0 FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR GENERAL USE PERMIT APPLICATION mptica DATE OF DEPARTMENT RECEIPT : /�� J Q PERMIT NUMBER : 09K - 490 - 0004 _ ROAD SECTION : _ 88010 STATE ROAD : 5 US ( 1 ) LIMITED ACCESS : _Y _�_N COUNTY : INDIAN RIVER APPLICANT : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PHONE : _ ( 772 ) 567 - 8000 _ ADDRESS : _ 1801 27 " STREET , VERO BEACH , FL 32960 Applicant requests permission from the State of Florida Department of Transportation ( hereinafter called the Department ) to q construct q operate maintain the facility shown in the accompanying engineering-drawings and described—here : Replacement of existing traffic signals with a new signal at the intersection of SR 5 and 53rd Street to accommodate the widening of 53rd Street . Also , included is the construction of a 12 "x18 " elliptical reinforced concrete pipe (ERCP) within the DOT right - of-way . ereina er re erre o as e perms e wor FROM MP J G � TO MP �i �1 >7 ; or FROM STATION 532 + 00 _ TO STATION 519 + 00 _ _ ber : Reference associated State Project Num _ _ _ _ _ _ _ _ _ _ _ _ date completed : _ under construction ( date construction began ) : _ _ _ _ _ ; date to be let : The requested permit work is : in the city of _Vero Beach not in a city Applicant agrees to the following conditions : 1 . The applicant , with the applicant ' s engineer of record , shall supervise the permitted work . The Department reserves the right to inspect the work , materials , or equipment at any time with or without prior notification . 2 . The applicant shall submit documentation acknowledging the pending work from all affected maintaining agencies prior to approval of this permit . Maintaining agencies are those agencies that , by agreement , maintain some facilities in Department right - of - way . Maintaining agencies may place obligations upon the applicant which the Department may include as permit conditions . 1 for traffic signals : Indian River County Traffic Engineering Division ; —for street lights : for for 3 . The applicant certifies by signature hereon that the location of all affected utilities has been ascertained and that the applicant is in compliance with all applicable Florida Statutes . The applicant mailed letters of notification of pending permit work and requesting location to the following municipalities and utility owners on the dates shown : October 2 , 2008 : IRC Utilities Department ; October 2 , 2008 : AT & T Broadband October 2 , 2008 : IRC Telecommunication Division ; October 2 , 2008 : IRC Traffic Engineering October 2 , 2008 : Florida Power & Light ; October 2 , 2008 : Comcast Cable ; October 2 , 2006 : City Gas Company of Florida 4 . It is expressly stipulated that this permit is a license for permissive use only . The placing of facilities or improvements within public right - of - way , pursuant to this permit , does not create or vest any property rights . 5 . The Department may determine that removal or adjustment of permitted features or improvements is required to facilitate necessary construction , maintenance , safety , or efficiency of the highway . Removal or adjustment will be immediate or as otherwise directed by the Department and shall be at the expense of the applicant unless reimbursement is authorized . 6 . The applicant may be required to provide notice relating the plan to the public in a manner prescribed by the Department . The permitted work shall not unduly interfere with the rights of others , including other permit holders , without appropriate agreements with those others . 7 . The integrity of all declarations ( whether expressed or implied ) and of all design drawings presented to support this permit request is the responsibility of the applicant . Any misrepresentations of fact by the applicant may be cause for revocation of an issued permit . 8 . To the extent allowed by law , the applicant , heirs , assigns , and successors in interest is bound and obligated to save and hold the State of Florida , the Department , its agents , and employees harmless from any and all damages , claims , expense , or injuries arising out of any act , neglect , or omission by the applicant , heirs , assigns , and successors in interest that may occur by reason of this facility design , construction , maintenance , or continuing existence of the permitted work , except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department . 9 . The applicant agrees to safely conduct the public through the permitted work area from the time work begins to the time of acceptance of certification of work . Full compliance with the current Department Roadway and Traffic Design Standards ( 600 Series ) , is a minimum requirement . The Department may require the applicant to take further measures , including the acquisition of the services of uniformed off duty police officers to assist in traffic safety . to be completed by the Department D - 4 GU Revised March , 2002 D 490 0004 10 . The applicant shall provide for a pre - construction conference with the Department project engineer . The applicant shall prepare and present at the pre - construction conference an emergency restoration plan to address eventualities such as hurricanes . The applicant shall provide a 24 - hour telephone number by which the Department may contact the person responsible for and who has authority to act on the emergency restoration plan and maintenance of traffic . 11 . In the event the applicant fails to meet any of the provisions of this permit , all work in pursuit of the permit objective must cease and the applicant must immediately restore affected public property to a condition as good as or better than before permit work began . The applicant will continue to indemnify the Department as stated above until restoration is accepted by the Department . 12 . The applicant is required by Florida Statute to notify local law enforcement agencies prior to closing one or more lanes of the State highway for periods exceeding two hours . 13 . Special conditions for this permit : _ See attached Special Conditions — _ _ _ — Please note that this permit is only for the minor work being proposed within the FDOT right - of- way . This is a part of a larger project to widen 53 Street from Lateral H canal to Indian River Boulevard , which is Indian River County owned and maintained ( other special conditions may be attached ) . 14 . At the completion of the construction , and prior to Department acceptance of certification , the engineer of record shall certify with original signature that the work and materials : ( a ) Comly with the Department Standard Specifications for Road and Bridge Construction dated <L 0 and Design Standards dated 'Z, p / © fib ) stein accord with all plans , special provisions , po icies , regulations , and safety standards pertaining to the permitted work . ( c ) Is in accord with all applicable local , county , State , and national ordinances , rules , codes , and laws . 15 . The Department may accept certification of the permitted work upon the restoration of the public facility and satisfactory completion of the permitted work . The Department shall not accept certification prior to the applicant ' s submission of two complete sets of as -built plans and three sets if a bridge structure is involved . Unless the applicant can show good cause for delay and unless the Department approves an extension , all permitted construction work shall be completed within one year of permit approval . 16 . The engineer of record is : Michael D . Nixon , P . E . Telephone : ( 772 ) 226 - 1986 Professional Engineer License Number : 38767 Address : 1801 27 "h Street , Vero Beach FL 32960 17 . The Prime Professional Engineer ( PPE ) is responsible to certify that all work permitted herein is completed in compliance with the terms of this permit . The PPE ( P . E . Number 38767 ) is : Michael D . Nixon , P . E . Telephone : ( 772 ) 226 - 1986 Address : 1801 27 `h 32960 . Street , Vero Beach FL — 18 . The Department project engineer of the local maintenance office or the resident construction office is to accept the certification of the Prime Professional Engineer . The Department Project Engineer is : — _ _ — _ — _ — _ Telephone : ( — _ — ) — -_ — — — Address : — 19 . Authorization for the agent signing for the applicant ( if other than the applicant ) is indicated in a notarized letter from the applicant dated The letter is made a part of this application . 20 . The applicant understands that alteration to this form ( other than filling out the blank spaces provided in the November revision ) makes this application and approval invalid . Use of both front and back is required with signature blocks below on the back of the forms . THE APPLICANT OR THE APPLICANT ' S AGENT : Arjuna D . Weragoda , P . E . TYPED OR PRINTED NAME DATE : July 9 , 2009 SIGNATURE : l Project Engineer TYPED OR PRINTED TITLE RECOMMENDED FOR THE DEPARTMENT OF TRANSPORTATION FOR APPROVAL BY : • • NAME e11 y M . Dean DATE : MO SIGNATURE : DIst "� APPROVED FOR THE DEPARTMENT OF TRANSPORTATION BY : G ri&e Nabong BaCOMD.P. E . I $JRJgT PERMITS ENGINEER SIGNATURE : to be completed by the Department D - 4 GU Revised March , 2002 SPECIAL CONDITIONS Indian River County Board of County Commissioners PERMIT NO . 2009 -K- 490 - 0004 State Section No . . 88010 • A pre- construction conference must be coordinated with Mr. Fernando Oieda at 386-566-3393 prior to construction. This permit is valid only for work proposed within the D . O .T . right-of-way. Certification acceptance and final approval is contingent upon conformity of all work done according to this permit. • S .W.P .P.P . - The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards . The permittee shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction or operation of the surface water management system : • Please be aware that a Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the permittee to locate and avoid damage to these -sites . If a PTMS or TTMS is encountered during construction, the Planning and Environmental Management Office (PL&EM) must be contacted immediately at 954- 7774601 . • All sidewalk curb ramps at this intersection must be Americans Disability Act (ADA) compliant with FDOT Design Standard Index 304 . • Ensure shop drawings are submitted for, review and approval for mast arms , strain poles , and concrete mix design at the pre- construction meeting. • During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express . condition that an alternate route will be provided , and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards . • As-built plans must be submitted prior to final acceptance. • A copy of this permit and plans must be on the job site at all times during the construction of this facility. • Permittee is cautioned that utilities may exist within the construction area . • The D . O . T . roadway, sidewalk, etc. must not be disturbed until the off-site improvements shown in the permit are ready to be constructed . This construction should be completed as soon as possible so as to minimize disruption within the R/W. • A copy of this permit and plans must be on the job site at all times during the construction of this facility. Page 1 of 2 U:UerryTERMITMUSER FILEMSPECIAL CONDITIONS\09K-490-0004.doc SPECIAL CONDITIONS Indian River County Board of County Commissioners PERMIT NO . 2009-K490-0004 State Section No . . 88010 • Validity of this permit is contingent upon the permittee obtaining necessary permits from ALL other agencies involved. • Traffic Control Plans (TCP) must be submitted and reviewed during the pre-construction meeting. • Maintenance of Traffic (MOT) must comply with the latest FDOT Design Standard Indexes , series 600. • Maintenance of Traffic (MOT) lane closures on the state road system occurring during peak hours (7 : 00 -9 : 00 AM or 4 : 00 -6 : 00 PM) and/or lasting over twenty-four hours must comply with the lane closure analysis as outlined in the Plans Preparation Manual, Volume 1 , Chapter 10 . 12 . 7. All lane closures occurring on an interstate or limited access facility, regardless of time of day or duration , must comply with the lane closure analysis in the Plans Preparation Manual, Volume 1 , Chapter 10 . 12 . 7 . • Maintenance of Traffic (MOT) lane closures on the state road system occurring during peak hours and/or over a twenty-four hour span must contact Barbara Kelleher two weeks prior to closures . She is the FDOT Public Information Office manager and can be reached at 9544774090 . Florida Department of Transportation Public Information Office 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309 Page 2 of 2 U:UerryTERMITS\USER FILESWECIAL CONDITIONS\09K-490-0004 . doc APPUCANT SECTION NO . , 88010000 PERMIT NO . 2009-K-490 - 0004 COUNTY , Indian River S .R. NO . : 5 (US - 1) DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 'A Om lr , 20 /6 R by and between the STATE OF FLORIDA DEPARTMENT OF TANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH : WHEREAS , the DEPARTMENT has jurisdiction over State Road 5 (US - 1 ) as part of the State Highway System; and WHEREAS , the AGENCY seeks to install a 231 feet of 12 " X 18 " Elliptical Reinforced Concrete Pipe (ERCP )Pipe and maintain said improvements and within the right- of-way of State Road 5 as described with Exhibit B ; and WHEREAS , as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment, and other reasons, has constructed and does maintain the highway facility as described in Exhibit A, attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY ; and WHEREAS , the AGENCY is of the opinion that said highway facilities that contain a ERCP shall be maintained and repaired ; and WHEREAS , (hereinafter) it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all improvements made by the AGENCY as well as areas within the right of way by said improvements made at the request of the AGENCY ; and WHEREAS , the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party ; and WHEREAS , the AGENCY by Resolution No . 2010 - 031 dated Apri 1 20 2010, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so , NOW THEREFORE , for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows : 1 1 . The AGENCY hereby agrees to install a 231 feet of 12 " X 18 " Elliptical Reinforced Concrete Pipe. The installation of this pipe should not cause any disturbances to the roadway or any other features in the right of way as specified in the enclosed plans , attached as EXHIBIT B at the location specified by EXHIBIT A attached hereto . (a) When the AGENCY is installing the Project, the DEPARTMENT shall be provided accurate as-built plans of the system so if in the future there is a need by the DEPARTMENT to perform work in the area, the system can be accommodated as much as possible . (b) If it becomes necessary to provide utilities (water/electricity) to the median or side areas, it shall be the AGENCY' S responsibility to obtain a permit for such work through the local maintenance office and the AGENCY shall be responsible for all associated fees including monthly billing for the installation and maintenance of these utilities . (c) The AGENCY is solely responsible for the relocation, maintenance , repair and replacement of the drainage and electrical facilities within the property shown as an exhibit and shall include all pipes , culverts, outfalls and conservation areas in perpetuity ; said obligations are to run with the land . All hardscape shall be installed and maintained in strict accordance with the most current edition of the Florida Accessibility Code for Building Construction and the Interlocking Concrete Pavement Institute (ICPI) . (d) All activities , including project installation and future maintenance operations performed on State highway right-of-way, must be in conformity with the most current edition of the Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards Specifications for Road and Bridge Construction , Index 600 Series, FDOT Maintenance Rating Program (MRP) , and US DOT regulations (49 CFR part 27) implementing Section 504 of the Rehabilitation Act (29 U . S . C . 794) . The FHWA has specific American with Disabilities Act (ADA) policies for statewide planning in 23 CFR 450 . 220 (a) (4), for metropolitan planning in 23 CFR 450 . 316 (b) (3 ) , and the NEPA process in 23 CFR 771 . 105 (f) . These regulations require application of the ADA requirements to Transportation Enhancements Activities . (e) The most current edition of FDOT Design Standards, Index 200 must be adhered to . (f) The AGENCY shall provide the local FDOT Operation Center, located at 3601 Oleander Ave. Ft. Pierce, Florida 34982 office 772 -465-7396 a twenty-four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact . The AGENCY shall notify the local maintenance office forty- eight (48 ) hours prior to the start of the project . (g) If there is a need to restrict the normal flow of traffic, it shall be done on off-peak hours (9 AM to 3 PM) , and the party performing such work shall give notice to the local law enforcement AGENCY within whose jurisdiction such road is located prior to 2 commencing work on the project. The DEPARTMENT ' S Public Information Office shall also be notified . (h) The AGENCY shall be responsible for assuring that any existing utilities within the project limits are not impacted . If any utilities are impacted the AGENCY shall remain responsible for obtaining all applicable permits or agreements from the utility applicable . (i) The design, construction and maintenance practices of storm drain systems shall be consistent with the standard construction and maintenance practices of the Department . Standard details for inlets , manholes , junction boxes , end treatments and other miscellaneous drainage details are provided in the Standard Index drawings . Specifications for said installation and maintenance are provided beginning in Section 430 of the 2010 and FDOT Standard Specifications for Road and Bridge Construction; the 2010 FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System and, Revision 1 and at the Uniform Manual of Traffic Control Devices (MUTCD) , revisions 1 and 2 dated December, 2007 , 2 , The AGENCY agrees to maintain the drainage pipe in accordance with the requirements in EXHIBIT C . It shall be the responsibility of the AGENCY to restore an unacceptable travel condition of the roadway or sidewalk caused by the pipe on Department of Transportation right-of-way within the limits of the Project. To maintain also means keeping the pipe free of debris . The AGENCY agrees to maintain as follows : a) A yearly inspection, beginning one ( 1 ) year after approval of the pipe, will be performed visually inspect the inlet and outfall structures to ensure that there is no blockage or visual damage ; b) A TV inspection will be performed every five years, beginning five ( 5 ) year after approval of the pipe, to ensure the structural stability of the pipe ; c) If there is any noticeable damage it will be the responsibility of the AGENCY to repair the structure and the roadway to operational standards . Synthetic Turf shall be maintained free of weeds and debris and must be promptly replaced if the surfacing is damaged . The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT . Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding repayment, reworking, or Agreement termination . The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT . 3 . If at any time after the AGENCY has undertaken the installation of the pipe and /or other improvements and/or maintenance responsibility mentioned above , it shall come to the attention of the DEPARTMENT ' S District Secretary that the limits or a part thereof is 3 not properly maintained pursuant to the terms of this Agreement, said District Secretary, may at his option, issue a written notice that a deficiency or deficiencies exist(s) , by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies . If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows : (a) Complete the installation, or part thereof, with DEPARTMENT or Contractor ' s personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the improvements or a part thereof, with DEPARTMENT or Contractor ' s personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and remove , by DEPARTMENT or private Contractor ' s personnel , all of the improvements installed under this Agreement or any preceding Agreements and charge the AGENCY the reasonable cost of such removal . 4 . It is understood between the parties hereto that the improvements covered by this Agreement may be removed, relocated, or adjusted at any time in the future, as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet with future criteria or planning of the DEPARTMENT . The AGENCY shall be given sixty (60) calendar day ' s notice to remove said improvements after which time the DEPARTMENT may remove same . All permits (including tree permits) , fees, and any mitigation associated with the removal , relocation or adjustments of these improvements are the maintaining AGENCY ' S responsibility . 5 . THE AGENCY at its own expense and by permit shall install the improvements and drainage pipe described in Exhibit B . The DEPARTMENT shall be invited to assist in final inspections before acceptance of the job by the AGENCY. The DEPARTMENT shall approve the job provided it complies with the permit . 6 . This Agreement may be terminated under any one ( 1 ) of the following conditions : (a) By the DEPARTMENT , if the AGENCY fails to perform its duties under Paragraph 3 , following ten ( 10) days ' written notice . (b) By the DEPARTMENT , for refusal by the AGENCY to allow public access to all documents, papers, letters , or other material subject to the provisions of Chapter 119 , Florida Statutes , and made or received by the AGENCY in conjunction with this Agreement . 7 . The term of this Agreement commences upon execution. 4 8 . The AGENCY is a political subdivision as defined in Section 768 . 28 , Florida Statutes , and agrees to be fully responsible for acts and omissions of their agents or -employees . Nothing in this agreement shall be construed or interpreted to serve as a waiver of sovereign immunity by any party such that liability is extended beyond the limitations established by law. Nothing herein shall be construed as consent by a state AGENCY or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract . In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions : (a) AGENCY ' s contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor ' s sole cost and expense , Comprehensive General Liability with minimum limits of $ 1 , 000 , 000 . 00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker ' s Compensation insurance with minimum limits of $ 500 , 000 . 00 per Liability . Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker ' s Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name DEPARTMENT as an additional insured . (b) The AGENCY ' s contractor shall furnish the AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement . (c) Coverage is not to cease and is to remain in full force and effect ( subject to cancellation notice) until all performance required of AGENCY ' s contractor is completed . All policies must be endorsed to provide DEPARTMENT with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverage will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 9 . This writing embodies the entire Agreement and understanding between the parties hereto , and there are no other Agreements and understanding , oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby . 10 . The DEPARTMENT, during any fiscal year, shall not expend money , incur any liability, nor enter into any contract which, by its terms , involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds . Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so 5 made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years ; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25 , 000 . 00) and which have a term for a period of more than one year. 11 . The DEPARTMENT ' S District Secretary shall decide all questions , difficulties , and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims , questions , and disputes shall be final and conclusive upon the parties hereto . 12 . This Agreement may not be assigned or transferred by the AGENCY, in whole or in part, without the consent of the DEPARTMENT . 13 . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail . 14 . Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested . All notices shall be sent to the following addresses : If to the Department : If to the AGENCY : State of Florida Department of Transportation Indian River County 3400 West Commercial Blvd . 180127 1h Street Ft . Lauderdale, FL 33309 -3421 Vero Beach, FL 32960 Attention : District IV Maintenance Engineer Attention : Arjuna Weragoda Or his designee Title : Project Engineer 15 . LIST OF EXHIBITS Exhibit A : Project Location Exhibit B : Project Plans Exhibit C : Maintenance Plan 6 IN WITNESS WHEREOF , the parties hereto have executed this Agreement effective the day and year first above written . AGENCY INDIAN RIVER COUNTY STATE OF FLORIDA ( DEPART T OF TRANSPORTATION Y r By : _ ,� By : t Peter D . Trans rtation evelopment Dir O "$cyan, Chairman _ o � �N4� � .�• Attest - - �� � '( SEAL) Attest : ,� �, - ( S Clerk . Executive retary fi � = OF TRh�C' LegaTeApproval { Date Legal Approval Date jA Attorney Office of the General Counsel 7 SECTION NO . : 88010000 PERMIT NO . : 09K-490- 0004 COUNTY : Indian River S .R. NO . : 5 (US HWY 1 ) EXHIBIT A L PROJECT LOCATION : State Road 51US - 1 S of 53 `d Street from Sta 518 +95 (M . P . 9 . 726) to Sta 520+40 (M . P . 9 . 753 ) . II. PROJECT LIMITS OF MAINTENANCE : State Road 5/ US - 1 S of 53 `d Street from Sta 518 +95 (M . P . 9 . 726) to Sta 520+40 (M . P . 9 . 753 ) . III. PROJECT LOCATION MAP OF AGENCY ' S MAINTENANCE BOUNDARIES : Val A t ._fiyd.� I > ♦ 1V, i t%r� x 1. I at J 1"�l of"s , r �l t LL Ste' ../' r. �, �� I • ; Ll 4 yrm� T�YP �f . ., ec y�" '4° r i=-•--•—�.,,..r'� ,rte i��r�" Z� ,\c, t- """-; p uY^[ s 1 z a F "E 1av " y ; { 537)0 STREET" s . � � tkL r3 j } � � y R, Y:_S s` a ��h. e�(` y �� � � r` •f�• J�Kr'P �'tY ht' ' �� x e '" PPP +': f � ,t c`F.� . .5" ,y�,iR �r :< �� a�'�tw •. ..k � r A a 'i ' tis�,, � i ��.. ♦fa° ?Y �,,� Y �` 2 �'�}Fq.�� ��� � ��+s, "�.�'r f« r r� r.; ` ,, � �' � '"'Y . '��. _ k \+' rrt r .. � . " .e ''ru' >z�,F�•�� > -�'',��t f ' i.. f \ 'Ail `rL1 r'1 i 4 kemri 41 NA V111 q , ✓' `rA. A ` t +` � 3� ' ��,r � ' j ,(/�"C. r4 11•bis +} ry + �'s�1 � .� - �+ M.P 9 . 753 ;a a ' 1r' 3 6, t \ R � ; 4 1 ` ' _ t* SMT 9 . 726 r= t '= yy F a �,�+"A. l� i 1 ♦, i� f �y � h ., R i ti� _ yy V . �� , IJ - LOCATION MAP 8 SECTION NO . : 88010000 PERMIT NO . : 09K-490- 0004 COUNTY: Indian River S .R. NO . : 5 (US HWY 1) EXHIBIT B PROJECT PLANS The Department agrees to install the Project in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Michael Nixon, P . E . Dated: 12/9/2009 1 EXHIBIT C MAINTENANCE PLAN Drainage Improvement Project State Road No(s) : SR 5/US- 1 Project Limits : M.P. 9.726 to 9. 753 FM No (s) : N/A Maintaining Agency : Indian River County P.E. of Record : Michael Nixon Date : 12/9/2009 - - ----- - - - - - - - ---- ---- -- - - - - - --- --- - -- --- -- ---- - -- - -- -- ------- -- - -- - -- - -- -- - - - I. General Maintenance Requirements and Recommendations : The 231 feet of elliptical reinforced concrete pipe (ERCP) will be maintained within the FDOT right-of-way in perpetuity. Any failure to this pipe will be repaired at no cost to the DEPARTMENT. Maintenance of Traffic Control Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and / or new installations of this DOT roadway. Website: Series 600 Traffic Control through Work Zones http ://www. dot. state. fl.us/rddesign/DesignStandards/S tandards .htm H. Specific Project Site Maintenance Requirements and Recommendations: 266 feet of 12" X 18 " (231 ' within FDOT RAV) Elliptical Reinforced Concrete Pipe will be constructed to handle to drainage over flow from the proposed pond site situated the east of Dixie Highway, west of SR 5/US- 1 and south of 53rd Street The drainage pipe will be maintained in accordance with FDOT requirements. 2 S t ohns River k W�� , Water Management District Kirby B. Green III , Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street o P. O. Box 1429 • Palatka , FL 32178- 1429 (386 ) 329-4500 On the Internet at wwwsjrwmd. com. July 23 , 2009 Indian River County U VIE D 1801 27th Street RR Sebastian , FL 32958 - SUBJECT : Permit Number 40-061 - 119188 - 1 AUG 4 2009 53rd Street Roadway Improvements INDIAN RIVER COUNTY ENGINEERING DIVISION Dear Sir/Madam : RECD BY: p� Enclosed is your general permit as authorized by the staff of the St . Johns River Water Management District on July 23 , 2009 . 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 Form , 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. GOVERNING BOARD Susan N . Hughes, CHAIRMAN W. Leonard Wood , VICE CHAIRMAN Hersey "Herky" Huffman, SECRETARY Hans G . Tanzler III , TREASURER PONTE VEDRA FERNANDINA BEACH ENTERPRISE JACKSONVILLE Douglas C. Bournique Michael Ertel Maryam H . Ghyabi Richard G . Hamann Arlen N. Jumper VERO BEACH OVIEDO ORMOND BEACH G.AINESVILLE FORT McCOY 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, Martha Depalma 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 Agent : Indian River County C/O Arjuna Weragoda , P . E . 1801 27th Street Sebastian , FL 32958 Consultant : Indian River County C/O Arjuna Weragoda , P . E . 1801 27th Street Sebastian , FL 32958 I ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka , Florida 32178 -1429 PERMIT NO . 40-061 - 119188- 1 DATE ISSUED : July 23 , 2009 PROJECT NAME : 53rd Street Roadway Improvements A PERMIT AUTHORIZING : Construction of surface water management system for Phase II of 53rd Street Roadway Improvements a 5 . 58- acre , roadway and drainage improvements , to be constructed as per plans received by the District on June 29 , 2009 . LOCATION : Section ( s ) : 14 , 15 , 222 23 Township ( s ) : 32S Range ( s ) : 39E Indian River County Indian River County 1801 27th Street Sebastian , FL 32958 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 July 23 , 2009 AUTHORIZED BY : St . Johns River Water Management District Department of Resource Management By : ( Service Center Director - Palm Bay) John Juilianna " EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40 -061A19188 - 1 INDIAN RIVER COUNTY DATED JULY 23 , 2009 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 . Stabilization 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 Ian 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 40C- 1 . 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 from 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 surveyed 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 complied with the requirements of general condition 9 above , 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 made whether 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 40C-40 , 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 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate . 21 . This permit for construction will expire five years from the date of issuance . 22 . 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 . 23 . 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 . 24 . 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 . 25 . The stormwater management system must be inspected by the operation and maintenance entity once within two years after the completion of construction and every two years thereafter to insure that the system is functioning as designed and permitted . If a required inspection reveals that the system is not functioning as designed and permitted , then within 14 days of that inspection the entity shall submit an Exceptions Report on form number 40C-42 . 900 ( 6 ) , Exceptions Report for Stormwater Management System Out of Compliance . The operation and maintenance entity must maintain a record of each required inspection , including the date of 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 . 26 . Construction of surface water management system for Phase II of 53rd Street Roadway Improvements must be constructed as per plans received by the District on June 29 , 2009 . 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(asirwmd . 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 whom 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 emailing 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 comply with 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 District's Statement of Agency Organization and Operation ( issued pursuant to Rule 28 - 101 . 001 , Florida Administrative Code ) , which is available for viewing at www . sirwmd . com . These conditions include , but are not limited to , the petition being in the form of a 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 40C- 1 . 1007 , Florida Administrative Code . Because the administrative . hearing process is designed to formulate final agency action , the filing of a petition means the District ' s 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 referred 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 . Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U . S . Mail to : Indian River County 1801 27th Street Sebastian , FL 32958 At 4 : 00 p . m . this 23rd day of July , 2009 . Division of Regulatory Information Management Gloria Lewis , Director St . Johns River Water Management District Post Office Box 1429 Palatka , FL 32178- 1429 ( 386 ) 329 -4152 Permit Number: 40-061 - 119188- 1 Revised 7/ 16/09 St . 0 S _ Jqhn River A= § Water Manao-e e .t District Kirby B. Green III . Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P. O. Box 1429 • Palatka , FL 32178 - 1429 ` (386) 329-4500 On the Internet at www. sjrwmd. com. Holder of Standard General Permit Dear Permittee : 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 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 . To confirm the period for filing such a challenge is closed , you may publish ( at your own expense ) a notice in a newspaper of general circulation within the affected area . If you do not publish , a person ' s right to challenge the issuance of the standard general permit extends for an indefinite period of time . A copy of the form of the notice and a list of newspapers of general circulation commonly used by the District is attached for your use . However , you do not have to use only those newspapers listed and this publication need only appear once . When the notice is published , the newspaper will return to you an affidavit as proof of publication . To complete your file with the District , submit this original affidavit of publication to : Gloria Lewis , Director Division of Regulatory Information Management P . O . Box 1429 Palatka , FL 32178- 1429 ( 386 ) 329-4235 Enclosed is a sample package used for newspaper noticing by the District . Particular attention should be given to Pages 2 and 3 for successful completion of the newspaper noticing process . If we can be of further assistance , please contact Shannon Barican at ( 386 ) 329 -4266 or Quenteria Johnson at ( 386 ) 3294349 . Sincerely, g;;�ewew-- Gloria Lewis , Director Division of Regulatory Information Management - GOVERNING BOARD David G . Graham , CHAIRMAN Ann T. Moore , SECRETARY Duane L. Ottenstroer, TREASURER Susan N . Hughes JACKSONVILLE BUNNELL JACKSONVILLE PONTE VEDRA Michael Ertel Hersey "Herky" Huffman Arlen N . Jumper William W. Kerr W. Leonard Wood O'JIEDO ENTERPRISE FORT McCOY MELBOURNE BEACH FERNANDINA BEACH NOTICE OF AGENCY ACTION TAKEN BY THE ST , JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on ( Name and address of applicant) permit # . The project is located in County , Section , Township South , Range East . The permit authorizes a surface water management system on acres for known as The receiving water body is The file containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays , 8 : 00 a . m . to 5 : 00 p . m . at the St . Johns River Water Management District ( District) Headquarters , 4049 Reid Street , Palatka , FL 32178- 1429 . A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120 . 569 and 120 . 57 , Florida Statutes , or may choose to pursue mediation as an alternative remedy under section 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement . The procedures for pursuing mediation are set forth in section 120 . 573 , Florida Statutes , and rules 28 - 106 . 111 and 28 - 106 . 401 - . 404 Florida Administrative Code . Petitions must comply with the requirements of Florida Administrative Code Chapter 28 - 106 and be filed with ( received by) the District Clerk located at District Headquarters , Highway 100 West , Palatka , FL 32177 . Petitions for administrative hearing on the above application must be filed within twenty-one ( 21 ) days of publication of this notice . Failure to file a petition within this time period shall constitute a waiver of any right( s ) such person ( s ) may have to request an administrative determination ( hearing ) under sections 120 . 569 and 120 . 57 , Florida Statutes , concerning the subject permit . Petitions that are not filed in accordance with the above provisions are subject to dismissal . Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means that the District ' s final action may be different from the position taken by it in this notice of intent . Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding , in accordance with the requirements set forth above . Revised May 19, 2009 2 H:/pds/data/Holders of Standard General Permits NEWSPAPER = - ,4DVERTlSING _ (386) 740-4503 /fax (386) 736-8972 Orlando , FL 32801 ALACHUA F INDIAN RIVER 407-420-5160/fax 407-420-5011 The Alachua County Record Vero Beach Press Journal POLK Legal Advertising Legal Advertising Lakeland Ledger Publishing Co . P . O . Box 806 P . O . Box 1268 Legal Advertising Gainesville , FL 32602 Vero Beach , FL 32961 - 1268 P . 0 . Box 408 352-377-2444/fax 352-338- 1986 772-978-2214/fax 772-978-2340 Lakeland , FL 33802 863-802-7355/fax 863-802-7814 BAKER LAKE Baker County Press Daily Commercial PUTNAM Legal Advertising Legal Advertising Palatka Daily News P . 0 . Box 598 P . O . Drawer 490007 Legal .Advertising Maclenny, FL 32063 Leesburg , FL 34749 P . O . Box 777 904-259-2400/fax 904-259-6502 352-365-8230/fax 352-365- 1951 Palatka , FL 32178 386-312-5200/fax 386-312-6664 BRADFORD MARION Ocala Star Banner, Legal Advertising ST. JOHNS Bradford County Telegraph St. Augustine Record 2121 SW 19th Avenue Road Legal Advertising Legal Advertising P . 0 . Drawer A Ocala , FL 34474 P . O . Box 1630 Starke, FL 32901 352-867-4010/fax 352-867-4126 St. Augustine , FL 32085 904-964-6305/fax 904-964-8628 NASSAU News-Leader, Legal Advertising 904-829-6562/fax 904-819-3559 BREVARD P . 0 . Box 766 SEMINOLE Florida Today, Legal Advertising Seminole Herald Fernandina Beach , FL 32035 P . O . Box"'419000 Legal Advertising 904-261 -3696/fax 904-261 -3698 Melbourne , FL 32941 -9000 300 North French Avenue 321 -242-3500/fax 321 -242-6618 OKEECHOBEE Okeechobee News Sanford , FL 32771 CLAY Clay Today, Legal Advertising Legal Advertising 407-322-2611 /fax 407-323-9408 P . 0 . Box 639 VOLUSIA 1560 Kinsley Ave . , Suite 1 News Journal Corporation Okeechobee , FL 34973-0639 Orange Park, FL 32073 Legal Advertising 863-763-3134/fax 863-763-5901 904-264-3200/fax 904-269-6958 P . 0 . Box 2831 ORANGE DUVAL Florida Times Union Sentinel Communications Daytona Beach , FL 32120-2831 Legal Advertising Legal Advertising (386) 740-4503 /fax (386) 736-8972 1 Riverside Avenue 633 N . Orange Avenue Orlando , FL 32801 Jacksonville , FL 32202 4 904-359-4321 /fax 904-359-4180 07-420-5160/fax 407-420-5011 OSCEOLA FLAGLER Little Sentinel Flagler Tribune , c/o News Journal P . O . Box 2831 Legal Advertising Daytona Beach ; FL 32120-2831 633 N . Orange Avenue Revised May 19, 2009 3 H:/pds/data/Holders of Standard General Permits = T = JR DEC 2 4 2008 � FLORIDA DEPARTMEN CcMING Kurt S . Browning Secretary of State DIVISION OF HISTORICAL RESOURCES Ms . Gloria Lewis December 19 , 2008 St. Johns River Water Management District P . O . Box 1429 Palatka, Florida 32178 - 1429 Re : DHR No . : 2008 - 07652/Received by DHR : December 8 , 2008 Scan ne � Application No . : 40- 061 - 119188 - 1 Applicant : Indian River County DEC 2 4 2008 Project : 53 �d Street Roadway Improvements Indian River County Dear Ms . Lewis : Our office received and reviewed the referenced - project in accordance with Chapters 267 and 373 , Florida Statutes, Florida's Coastal Management Program , and implementing state regulations , for possible impact to historic properties listed, or eligible :for listing, in the National Register of Historic Places, or otherwise of historical , architectural or archaeological value . The State Historic Preservation Officer is to . advise and assist state and federal agencies when identifying historic properties , assessing effects upon them, and considering alternatives to avoid or minimize adverse effects . A review of the Florida Master Site File data indicated that the Gifford Bones site ( 81R7) is within the project area and has not been subjected to systematic professional archaologcal or historical investigation . Therefore , it is the opinion of this agency that, in addition to the standard permitting condition, this permit, if issued , should include the following special condition regarding unexpected discoveries during ground disturbing activities on the property : If prehistoric or historic artifacts , such as pottery or ceramics , stone tools or metal_ implements , or any other physical remains that could be associated with Native American cultures , or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries . The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources , Compliance and Review Section at (8 50) 245 - 6333 or (800) 847 - 7278 , . as well as the appropriate permitting agency office . Project activities should not resume without verbal and/or written authorization from the Division of j Historical Resources . In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in f accordance with Section 872 . 05 , Florida Statutes, RECENED IN PALAW DEC 2 4 2008 REGULATORY 500 S . Bronough Street . Tallahassee, FL 32399-0250 http : //wwwoflheritage.c6iRFORMATION MGT. i O Director's Office O Archaeological Research ® Historic Preservation (850) 245-6300 • FAX: 245-6436 (850) 245-6444 • FAX: 245-6452 (850) 245-6333 • FAX: 245-6437 i 1 Ms . Lewis December 19 , 2008 Page 2 For any questions concerning our comments , please contact Katherine Peterson, Historic Sites Specialist, by phone at ( 850) 245 - 6333 , or by electronic mail at kdpeterson a dos . state . fl . us . We appreciate your continued interest in protecting Florida ' s historic properties . Sincerely, Frederick P . Gaske, Director, and State Historic Preservation Officer 1 i Scanned i uta 2 4 2008 l DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS " ~ 400 HIGH POINT DRIVE , SUITE 600 COCOA, FLORIDA 32926 REPLY TO ATTENTION OF March 5 , 2009 Regulatory Division Cocoa Section RIEC [Eri SAJ - 2008 - 4426 ( NW - TSD ) D MAR 0 6 2n09 Indian River County ENDI ,, N RIvEr� C / o Mr , Arjuna Weragoda GIN EE ING QOUIV7Y 1801 27 Street REC10BY. VISION Vero Beach , Florida 32958 Dear Mr , Weragoda : Your application for a Department of the Army permit received on November 21 , 2008 , has been assigned number SAJ - 2008 - 4426 . A review of the information and drawings provided on January 30 , 2009 , shows the proposed work is to impact 0 . 43 acres of surface waters for the installation of 892 linear feet of a 19 by 30 inch ERCP into an existing ditch . The project is located east of US 1 , on the south side of 53rd Street , and west of Indian River Boulevard , Vero Beach , in Sections 14 , 15 , 22 and 23 , Township 32 South , Range 39 East , Indian River County , Florida . Your project , as depicted on the enclosed drawings , is authorized by Nationwide Permit ( NWP ) Number 39 . In addition , project specific conditions have been enclosed . This verification is valid until March 05 , 2011 . Please access the U . S . Army Corps of Engineers ' ( Corps ) Jacksonville District ' s Regulatory web 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 . Our website address is as follows : http : //www . saj . usace . army . mil / Divisions/ Regulatory/permitting_types_NWP . htm . 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 39 . 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 - 2 - 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 , P . O . Box 4970 , Jacksonville , FL 32232 . The Permittee shall reference this permit number , SAJ - 2008 - 4426 ( 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 , The Permittee understands and agrees that , if future operations by the United States require the removal , relocation , or other alteration , of the structures or work herein authorized , or if , in the opinion of the Secretary of the Army or his authorized representative , said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters , the Permittee will be required , upon due notice from the U . S . Army Corps of Engineers , to remove , relocate , or alter the structural work or obstructions caused thereby , without expense to the United States . No claim shall be made against the United States on account of any such removal or alteration . 5 . 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 - 3 - 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 . 6 . 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 . 7 . No equipment or materials may be stored or staged in the wetlands or waters of the United States that have not been permitted for impacts . 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 Florida 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 . - 4 - 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 Il . 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 : / / regulatory . usacesurvey . com / . Your input is appreciated - favorable or otherwise . Sincerely , �i MYL 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 a representative 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- 39 Application Number : SAJ - 2008 - 4426 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 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER : SAJ - 2008 - 4426 ( 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 Section , 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 ) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 53rd ST . ROADWAY IMPROVEMENTS FROM THE FLORIDA EAST COAST RAILROAD TO INDIAN RIVER BOULEVARD COUNTY PROJECT # 0107 SHEET INDEX J COYER SMUT RECEIVED 1 STANDARD A992EM/AT/ONS LOCATION OF PROJECT N3-5 TYP/CAL SECT/ONS 3 j 2009 7-8 GENERAL NOTES 9 BETA/L SHEETS KSONVILLE DISTRICI /0 QUANT/TIES SUMMARY LOCATION MAP 'USACE JJ ORA/NAGE SUMMARY 12-19 PLAN (5JR9 ST) I 19-28 PROFJLE (53M9 ST) a a Iwarzx sp \ 29-J2 PLAN A' PROF/LE (OW D/XIE 11PIr) o W 1 a luwx•s N6t car n NORTH LIEF CANAL car mu�c P ' o NORM RELIEF - 32-39- 14 3J PLAN (U.S 1 .4T SJRD ST) 32-39 - 15 34 PROF/LE (U.S IAT 53R9 ST.J H- 1 CANAL QP5 H — UKE `% ' 2- 39 23z 95-98 POND SITE & OETAILS c 77 UTIVIY CONFLICT LOCAT/ONS WAFA 32- 39 -22 ' 1 s a ( J8-41 PLATEAU INTERSECTIONS v 3 P T ° .L ® � 1� PLAN c4' PROF/LES MRYS x 41-55 CROSS SECTIONS _ 56-86 PAVEMENT MARKINGS M ,R " 67-80 PREPARED BY SIfPPP SURVEY CONTROL POINTS N N Y INDIAN RIVER COUN 'T'Y T>—T7 TRAFF/C PLANS a 3 DEPARTMENT OE PUBLIC WORKS U . S . 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Arany Corps of Engineers D/►� Of 07 STA. 413100 TO 419100 1� Permit # SAJ -2008 -4426 (NW -TSD ) Date : 03 /05 /2009 Drawing 3 of 8 ; , , , ♦ • r a w♦ • ♦ • i' i/ i / n 'N I a I / J Avg . • -- IN it L�?) L L ♦ . ^ {:x.•:{}L• t,S{yOwr{•�: , .W"—rR{?47f C.. -:•^Y•{^Rw } '{'•:�YY / f.:;ti:>;k\ ' .arw:oS.•SSRVK�^"„i -Tin^^i+'i•`i+' -♦ ,.♦• . ilX•xm.--.. .'r.:• • i}}-i{•1 Q•N!:O/YtAI �• 1 ::•:a •' i�A•'"�I•f:{1VJS-{::l is•:.2.`}}S{rj{{•� :�x��•x••J• .{WROS •N`{ }. 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'iAV1XYV M1OA tfAXYAY YS-W.M-•A`A -M1YM`Ir:A V.XViM1S-MXw- r l' / � / --�.- —_..�aAy(Sm.,�•:•rwJ!•Y v....l� - 44R •• -• 1VV •{ • ` .:. .:T•C44rr.Y.v.•+.'s.-.. _ 'Ifi•�'u.{R`.SZJi�^••9\S'i0'Sr YY.. .XS•^.:•^'•". 9'�•.:�9RTi.::9Mr.YAj�.Y, f,YAj. {• l6i ��� 1� }� '_—��� �� —SOA ::M •- :p.� .{• 01 / / ' / ' ♦iri� • L�/ L�i L�'I J J / rt of w �//J���� ♦ O ' i r / / ) /t ' rr r / 1I [ / ! .v a -. -. / f • .. TM wmv� M L / L�Y . • .� . • c1:7.�.R 'ti -4 3L//.E.• NOB/ZO l-1 '=!O YER77GL I'=t• 2� T. .M. F . "X" C T IN TO —FLANGE, N.E. BLT OF 24 W. OF CA OF I. R. BLVD. AND 500' E. OFC IL ?? 22 20 0 20 O 18 y 18 16 1 P. ALEP 12.51 hwi; nt 16 w p ^ - ^ h TT u _ R n 0 `F J l� �' W 20X F! - a .30X E.P. E 11.8 ©2 14 0 o 2 0 12 _ C OF ONST. J J P.C.L 12 Storm ewer M.H. • 0 h m b El. 11 .] — o pp a Vp e — C OF CONST. 10 CON T. u .F. J — — 1� 14'x 3' E. .P. O 12X INV 7.95 /NV. 7.52cows. m t (N.) Crate EI. A. 41 4 ist. Swale LI.) Cj p E Falat. wale (RL) P,OrA D 1B 14 'r 8 _ — P. C. OX CO 0 19�r3® R. = � — d . 1". 6.02 Of 6 - + O 0. 6 X - + - — l- Exist. swal (atJ + o . lwe. soa 6 i — rn s v v 4 IN 6.85 v INV. 5. 6 CONS . 38 L 24 C.P. at n S 2 BYO HERS - +2 i m 0 I N I W s `o 3 3 M Z V EAST BOUND 53RD ST a, Y rn C c No. ReWalon Date INDIAN RIVER COUNTY "'m ^' 1 °''1O s-1t-°I Sim MI it aDt 27th smEEr D6PCrfine/lf Of PLI C Works „° / ON 53RD ST. : EAST OF U. S. 1 25 j VEAO BEACH FL 32960 .P.N. mMnT 1wiaT "' ,,,,, s9,-H„r,,, Engineering DiviSfon Wim' „ l ."Sal I Cl EAST BOUND, STA. 413100 TO 419100 U . S . Army Corps of Engineers Pennit # SAJ-2008 -4426 (NW-TSD ) Date : 03 /05/2009 Drawing 5 of 8 ; , � , Attachrnent 1 sC.ILZ NOR/ZO C—J '=!O WR77GIC !•=I• 24 Ti .M . F "X" C TIN TO FLANG , N . E. B LT OF 24 W. OF C/L OF I. R. LVD. A D 500' E. OF C L 22 22 20 20 18 0 0 0 18 J b "I *i` O N 16 wAS P. ZLEP 1230 a 14 30X 0.53X — O. r — 0.48X 14 N O n R/M LEY 1 65 L- 0. 46X EST B ND) 03 0 11 IT Of -oW. P c.L. 12 IN storm ewer M.H. — — 3 RIA( ELEY. > .34 EI. 11 .3 ) f OF CO Sf. o pep a v,a, — _ \ 10 COM T. 14 F. — — 10 n IA r Ft Nis . Seale ll.) Grale v h — • Orale EI. 6.69 w 14 .r P. A 8 e O 18X 8 w 6- PVC later Main I N _ — Oh;S•i 10 LF. I CONST. 102 L CON 2 0 6 — — — — — — — _ _ — — — .— _ r _ —�— E .t. 6_OI Rt.T- o c - -lox 6 u L feelalis O INK 6.74 s- we Force Wee /NY. C..' / /NY. 5.Y4 19 Le,i W 4 24' . C.P. O Z4 y w L � r s 2 2 ED 0 N N Y O 3 s M z v WESTBOUND 5317D ST. P 6 No. Revision onto INDIAN RIVER COUNTY �°u O. WON Seem 5-s�-O/ !MEET � Boi 27th smEET Deporfinenf of Public Works „ ,„ COUNTY PROJECTb 53RD ST. : EAST OF U. S. 1 VERO BEACH , FL 32960 B.R. SO. .P.N. 26 su Engineering Dives/on +namm , ,,__„ _R� _ . o>o� WEST BOUND, STA. 413f00 TO 419f00 U . S . Army Corps of Engineers Permit # SAJ-2008 -4426 (NW-TSD ) Date : 03 /05 /2009 Drawing 6 of 8 Attachment 1 -i -( VfR77G1L 1 =4' l6 a VERTI AL CURVE'£ 16 ' VERT/ AL CUR T.B.M. SET MA /DISK ( .R. COU 7Y T.B. .) TOP URB ZZ EL 2.88 EL. 0. 13 I.R. BLVD. ELEV. 9 .483 ( .G.V.D. 9) 10 10 p O p p p 18 m° o m m g p p Jg h h h h h 0 O J 2 p 16 J6 Nj °j h N N w 0 0 0 J J = p J 14 RIM Br ro � of * * W °mom ti * y 3 h h m m o 14 0.30 4J O ^ � � 0 b r\ 11 tiW + J e o � o 0 12 N CONST. 16 L.F. y' W K-4 CLOSED FLUM£ w N f0 GRATE LEV. or coNsr. 11 6. C.M.P. 4 4 W O 1.25 P 0.1. VR ND ✓O Ar 57'A 424+0 . 00+— JO N /N 7.25 � 8 9. - 8 E EeieL S. ie (RI ) /NV. 7. 5 mAF: : a r 30R. C.P. O 0. 13Mv 4C(7 .S 1 L .72.59 /NV 464 24' C. LAS, . 67X ONST. 7 LF. J` - - - - - - - - - - - - - - - - --- /NV. 464 W 2 CONST. T2 LF. /NV. 76 w 14' R. .P. O /3X 2 n E; 0 n 0 I N N m Y O 3 3 m Z V EAST BOUND 63RD ST. C Y G fl _0 01 No. Revision omtmBY INDIAN RIVER COUNTY ° n N7xov SECTION °"" 5-24-wr Department of Pub/ic ►Yorks 53RD ST. : EAST OF U. S. 1 w 1801 27th STREET B.R.m .D. .P.H. err reoser 2/ / fER BEACH FL 32960 Engineering Division m Wft �.9� : e ^. 0107 EAST BOUND, STA, 419100 TO 425f00 mrvwrn "e oro e I m ur u n nnuurure e a nm v m u /rlml ta7—arinn U . S . Army Corps of Engineers Permit # SAJ-2008 -4426 (NW-TSD) Date : 03 /05/2009 Drawing 7 of 8 Attachment 1 i SCALE• NOR/ZONT —1 ;=W VERTICAL 1 '=!' 22 1671 VERTI AL CURIE 16 ' VERTI AL CUR £ T. B.M . SET MA /DISK ( .R. CDU N T. B. .) TOP URB 22 + I.R. BLV ELEV. 9 .483 GV. D. 9 £L. 2. 04 EL. 0.37 ( ) 20 20 2 O 18 m 2 2 O p J 18 W hQ k.a o J Z 2 o 0 16 - W >6 . . 1 5.i �. ti o a ^ 3 3 W W h h ti m 0 14 d h h o ^ L14 h M * o 0 3 3 3 3 W m 14 ol o o12 � W p " i: q � N R/ME V. y. W .N � * W J \ � 12 n >Z. 68 �5-3 4 W CLOSED FLUME y N 10 826 OF CONST. — �S �' +— TCH 157: PA MEM 10 DID $ _3 RATE 9. 0 -36 — — /N . NV. 7. S 8 6.40 8 /NV. 7. O i m 9 — al civ a L zir f2' 9. C. C.M. . 0 f 11X v. N. Pipe .72 4 a 4 coNs 1 7 L S. >I p .ss 2 2 s w rc n 0 0 0 I n N I ro `o 3 3 V Z u WEST BOUND 5390 ST. x P No. Revision Date INDIAN RIVER COUNTY �°m e" ECTIONI I r DAM Deportment of Public Works Y D. NIXONLYOs-1�-�/ 53RD ST. : EAST OF U. S. 1 C 1801 27th STREET ouwi Be ca.nr Rion na VERO BEACH FL 32960 B.F. SO. .P.H. 28 RMSM IS PE.R S.I.R W.Y.A. f.OYYERTS t /R /OR K.P.R. hI771 SR7-RfNKI Engineering 0/V/$/On � �^ uwnu :a..�0°:.e� nn'"; 0107 WEST BOUND, STA. 419f00 TO 425100 U . S . Arany Corps of Engineers Permit # SAJ-2008 -4426 (NW-TSD ) Date : 03 /05 /2009 Drawing 8 of 8 M Attachment 1 INDIAN RIVER FARMS WATER CONTROL DISTRICT 7305 4th Street Vero Beach, Florida 32968 (772) 562-2141 APPLICATION FOR CONNECTION TO OR USE OF DISTRICT FACILITIES Date : � Ui yi a ikINo . IO ' 3 ¢ A . Applicant Information : Name : �" N fel tf E (� �'tt N f �t ET% e; i n7E r i nJ L Address : I1L7t � . S'i ELL n VGRO fDGAC , ftb160 Authorized Agent and Title : fT { Q N A W6ellL1f 0 D I\ Q , . , UqEG7 Telephone Number : 1112 U -- ic1 I B . 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 storage $200 . 00 Other (specify) LU Lv eyi Umpa' i. inf ;0 1�i Ri LT Ow $ 100. 00 gi . E'a , tr C. Location : Tract , Section `' Township 32 Range 3q Canal No . Other appropriate description : CL/> 1,91ac i E "t O n i i? e i l:-'r Property I.D . Parcel No . : Attach drawing to show details (include acreage to be served) . D. Details of proposed Construction : (Give diameter and length of culvert; diameter and rated capacity of pump ; height and width of riser or other details on water control structure. ) \� Q OICIMnjF � `t �U - i. � ce a4l' C.J\ fifC WtNb1 ►\ lVI1CAL '� � � SEc`1fU �� �( ► E ASE SE-L jM i l A (;tai ED IL M1 O R41 P LA rJ S FCC- rrnc �t eiR t t E. Special Conditions: (for District use only) SrL ATjn C1tEt7 Li Si vl Sj?cGit1 L <,L lAJ E Estimated Date of Construction Commencement : t4� P7 i) ll) Estimated Date of Construction Completion : '�Urj E, , a0 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. (Contindon ve e hereof) Signed : Date Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (For District Use Only) _ J Application approved by : for the India ' ver. F s W ontrol District Application approved by : _ for Cart ssociates , Inc . , Engineer for District Date of approval : e, " �� — / y Expiration Date of this approved application : u ::J— // PERMISSION, WHEN GRANTED , WILL BE SUBJECT TO THE STANDARD PRQVISOS 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 . 1 will neither plant trees or shrubs or erect any structure that will prohibit or limit the existing access of District equipment or vehicles 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 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 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 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 grid 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 strictures 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. 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 improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 12 . An as -built/location certification of all culvert/structure installations within the District ' s canals/right-of- way shall be performed by a Florida Registered Professional Surveyor and Mapper on form provided by the District, and submitted to the District within thirty (30) days following completion of installation . If as-built certification is not received within thirty days of installation , the District will either have certification completed at owner/applicants expense or order removal of the installation. SPECIAL CONDITIONS FOR PERMIT NO . 10-34 FOR INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROPOSED 53 " STREET, FLORIDA EAST COAST RAILROAD AND OLD DIXIE HIGHWAY ROADWAY INTERSECTION IMPROVEMENTS TO INSTALL 24 INCH DIAMETER R. C .P. OUTFALL CULVERT INTO NATURAL SWALE ALONG THE SOUTH RIGHT -OF-WAY OF THE NORTH RELIEF CANAL 1 ) This permit is issued based on plans prepared by Indian River County Engineering Division of " 53rd Street, Florida East Coast Railroad to U . S . 13 Old Dixie Station 89+00 to 110+00 -Phase II", namely Sheets 13 , 24 , 25 , 26 and 27 ; County Project Number 0107 , dated May 24, 2001 and revised through July 27 , 2010 . 2) No additional outfall/discharge shall be permitted directly into the North Relief Canal . 3 ) Any proposed discharge into existing natural or man-made Swale located along and within (partially or otherwise) the southerly right- of-way of the South Relief Canal, commingling with stormwater run- off of U. S . Highway No . 1 , shall not be the responsibility of the Indian River Farms Water Control District. If quantity of proposed stormwater discharge into said swale is substantially greater than existing swale discharge, further study of implications and impact of stormwater discharge to adjacent and downstream landowners should be performed. 4) Proposed stormwater discharge improvements shall not adversely impact the southern levee of the North Relief Canal chute section or restrict access to the southern levee or berm of said North Relief Canal from Old Dixie Highway. 5 ) Indian River County shall assume 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 by any adjacent or downstream landowner. 6) Proposed mitered end section ( Structure No . S -22) located 55 . 73 feet right of Station 108 + 88 . 00 shall be replaced with rip-rap to dispense energy and prevent transport of sediment. JAMMSPEC COND-PROVISOS\irfwcd-spec-cond-per# 10-34 . doe