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2012-021B
0a/ % i a ao 1a o a i A � R CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY FAIRGROUNDS PHASE 2 OVERFLOW AND VEHICULAR STAGING FOR EVENTS OF FAIRGROUNDS BID NO . 2012028 PROJECT NO . 1047 =2 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA GARY C . WHEELER , CHAIRMAN PETER D . O ' BRYAN , VICE CHAIRMAN COMMISSIONER JOSEPH E . FLESCHER COMMISSIONER , BOB SOLARI COMMISSIONER WESLEY S . DAVIS JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT ALAN S . POLACKWICH , SR . , COUNTY ATTORNEY CHRISTOPHER R . MORA , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER 00001 - Project Title Page - REV 04-07 . doc 00001 - 1 F . \Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2V>dmim\bid documents\00001 - Project Title Page - REV 04-07 . doc TABLE OF CONTENTS Section No . Title DIVISION 0 - BIDDING DOCUMENTS , CONTRACT FORMS , AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00010 - Table of Contents - REV 04-07 . doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS APPENDIX B - CHAPTER 4 , BEST MANAGEMENT PRACTICES + + END OF TABLE OF CONTENTS + + 00010 - 2 F : \PublicWorks\ENGINEERINGDIVlSIONPROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2VWdmim \bid documents\00010 - Table of Contents - REV 04-07 . doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27th Street Vero Beach, Florida 32960 � gtVER � 4 OGZ, z � lmq ORl 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 , February 3 , 2012 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " Indian River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of Fairgrounds and Bid No , 2012028 " . 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. 1047=2 INDIAN RIVER COUNTY BID NO. 2012028 PROJECT DESCRIPTION: This project will consist of the construction of drainage improvements , clearing and grubbing , installation of asphalt millings , landscaping , etc . All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Public Works Department/Engineering Division , 1801 27th Street , Vero Beach , Florida , 32960 , (772 ) 226- 1283 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $ 75. 00 for each set, which represents cost of printing and handling, which is non-refundable . Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing (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 of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety , or a certified check or a cashier' s check , drawn on any bank authorized to do business in the State of Florida . Bid Security must be in the sum of not less than Five Percent ( 5 % ) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 1 F:\Public Works\ENGINEER ING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V\dmim\bid documents\00100 - Advertisement for Bids REV 04-07 . doc the event the Contract is awarded to the Bidder , Bidder will enter in a Contract with the County and furnish the required 100 % Public Construction Bond within the timeframe set by the County . If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as penalty . Please note that the questionnaire must be filled out completely including the financial statement . The County reserves the right to delay awarding of the Contract for a period of ninety ( 90 ) days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that , in its judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid preparation costs . INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : January 12 , 2012 For : Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building " B" Vero Beach , FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04 -07. doc 00100 - 2 FF\Public Works\ENGINEER ING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00100 - Advertisement for Bids REV 04-07 . doc SECTION 00200 IN Instructions to Bidders TABLE OF CONTENTS Article No . — Title Paqe ARTICLE 1 was DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 New COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 — QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 New EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 ARTICLE 5 — PRE — BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 we, SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 New INTERPRETATIONS AND ADDENDA . . , . ' ' . ' ' . 1111111b " be " . 01VIOUNIN14 & Epson " 4 ARTICLE8 New BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 5 ARTICLE9 — CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 New LIQUIDATED DAMAGES ' , . , , , , , . , , , , ' . . , , ' , , 5 ARTICLE 11 we SUBSTITUTE AND " OR— EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 12 New SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE13 New PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 we, BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0111 . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 15 New SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . I . . . . . . . . 8 ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 — OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 New BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . ' ' , ' , , ' , ' , , 011pa ' ' Poll IIP6 . 411 9 ARTICLE 19 New AWARD OF CONTRACT ' ' , ' , , 0IIIIIIIIIIIIIIela " ' I mammombpa & O map " t ' . 9 ARTICLE 20 New CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " Masse . o . . . . . . 9 ARTICLE 21 — SIGNING OF AGREEMENT ' . . , . ' ' ' ' , . . . . , . . . . . . . . . . . . 10 00200 - Instructions to Bidders REV 04-07. doc 00200 - i F '. \Public Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Vadmim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES ( Alphabetical by Subject ) Subiect Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . " , , 1111b " 1111 osmopogemp * ' ' P11111111 111 * , Pllvaba 8 Bids to Remain Subject to Acceptance ' . , , . , ' . . 11111110 . * 4 1 . & * Fl . P11a * Wwwwwommos . . . * . . " , vows 111111111111111111410 18 Contract Security and Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Copies of Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . 2 DefinedTerms " , . , 11111011 . 111 . . . . 111 . 1 . 1410 0 0111 . 11 , . . . I ' s 10001 * 011wo . ollo . 11 ' . . " 11 * 11swas baffid * oampsh 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Pre- Bid Conference . 0 * a 0 0 0 1 1 1 . 0 1 1 . I I I I . 0 1 1 . I . . I I 1 1 6 0 0 4 1 0 1 0 . 0 a I I I 1 0 1 1 a 0 1 1 P 1 0 1 . a a . a a a a a a a a a a 0 a . . . M 5 Preparation of Bid ' ' " , ' , , lop . 1 . 41 , 11 , 111 , 11111 , . . . . . . 0111 . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . 1 0 P 1 0 1 a I 1 0 1 1 1 1 a 0 a a a a a a a 0 1 a a a a I I I I I I I I I I I a I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I P I I I I I I I I I I I I a 0 a a 0 0 a 0 0 a 0 a a a 0 1 1 1 1 1 . I 1 9 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or " Or- Equal " Items , I I I I I I I I I I I I I I I 1 0 P a a , a . a . . V a I I . . 0 . I . I . . . . I . I I I I a . I I . . I . . 0 . . 4 a a a P P a 0 11 00200 - Instructions to Bidders REV 04-07 . doc 00200 - ii F :\Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V\dmim\1bid 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 . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\00200 - Instructions to Bidders REV 04 -07 . doc Rev . 05/01 3 . 02 Each bid must contain evidence of Bidder' s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract . 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE 4 . 01 Subsurface and Physical Conditions A . The Supplementary Conditions identify : 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the " technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any " technical data " or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A . Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER , or others . 4 . 03 Hazardous Environmental Condition A . The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any , that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . 00200 - Instructions to Bidders REV 04-07. doc 00200 - 2 F.\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any , and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions . 4 . 05 Upon a request directed to the ENGINEER (Arjuna D . Weragoda , P . E . 772-226- 1931 ) , OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 This paragraph has been deleted intentionally . 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : A . examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER (ARJUNA D . WERAGODA , P . E . , 772 -2264931 ) TO MAKE ARRANGEMENTS IN ADVANCE , AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL , LOCAL , AND SITE CONDITIONS THAT MAY AFFECT . COST, PROGRESS , AND PERFORMANCE OF THE WORK ; C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost , progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study ( or assume responsibility for doing so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions ( overhead , surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents , 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 3 F :\Public Works\ENGINEER ING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V\dmim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev 05/01 H . correlate the information known to Bidder , information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE - BID CONFERENCE 5 . 01 No Pre- Bid conference will be held on the subject project . ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment , or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents , ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect . 7 . 02 Addenda may be issued to clarify , correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . 00200 - Instructions to Bidders REV 04-07. doc 00200 - 4 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase ZAdmim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05101 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 91 days after the Bid opening , whereupon Bid Security furnished by such Bidders will be returned . 8 . 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be ( a ) Substantially Completed and ( b) also completed and ready for final payment are set forth in the Agreement . ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any , are set forth in the Agreement . ARTICLE 11 - SUBSTITUTE AND " OR - EQUAL" ITEMS 11 . 01 The Contract , if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or " or-equal " items . Whenever it is specified or described in the Bidding Documents that a substitute or " or- equal " item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER , application for such acceptance will not be considered by ENGINEER until after the 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 5 F :\Public Works\ENGINEER ING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V\dmim\bid documents\DD200 - Instructions to Bidders REV 04-07 . doc Rev . 05/01 Effective Date of the Agreement . The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements . ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement , the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER . If OWNER or ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor, Supplier , individual , or entity , OWNER may , before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier , individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions , 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable " entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary . The corporate address and state of incorporation shall be shown below the signature . 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature ) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 6 F : \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase DAdmim\bid documents\00200 - Instructions to Bidders REV 04 -07 . doc Rev . 05/01 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 . 06 A Bid by an individual shall show the Bidder' s name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13 . 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract . Bidder' s state contractor license number or county registration number for the state or county of the Project , if any , shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS 14 . 01 Unit Price A . Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any , named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions , 14 . 03 The Bidder' s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere , is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character , location of the work , or other conditions pertaining thereto . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 7 FAPublic Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 ARTICLE 15 - SUBMITTAL OF BID 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . B . Sworn Statement under the Florida Trench Safety Act . C . Qualifications Questionnaire , D . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title ( and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder , and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County , Purchasing Division , 1800 27th Street , Vero Beach , Florida , 32960 , ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work . ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non - responsive , read aloud publicly . An abstract of the amounts of the base Bids and major alternates , if any , will be made available to Bidders after the opening of Bids . 00200 - Instructions to Bidders REV 04 -07. doc 00200 - 8 F .APublic Works\ENGINEERING DIVISION PROJECTS\ 1047- 2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Vadmim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05101 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may , in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non - responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder, The County will not reimburse any Bidder for bid preparation costs . Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted , the Bidder, by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest . 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OWNER ' s intent to accept alternates ( if any are accepted ) in the order in which they are listed on the Bid form , but OWNER may accept them in any order or combination . 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions , 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility , qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents , 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project . ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER ' s requirements as to Public Construction Bond and insurance . When the 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 9 F:\Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev . 05/01 Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bond , unless the Bond has been waived due to the total contract being less than $ 50 , 000 . ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER . 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or , the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . * * END OF SECTION 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 10 F '. \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V+dmim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev . 05101 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 04 -07. doc 00300 1 F '\Public Works\ENGINEER ING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase DAdmim\bid documents\00300 - Bid Package Contents - REV 04-07 . doc COPY SECTION 00310 - Bid Form PROJECT T IDENTIFICATION : Project Name : Indian River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of Fairgrounds County Project Number: 1047 -2 - - Bid Number: 2012028 Project Address : 7955 58 Ave . -- Vero Beach , FL 32967 Project Description : This project will consist of the construction of drainage improvements , clearing and grubbing , installation of asphalt millings , landscaping , etc . THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 180027 th Street VERO BEACH , FLORIDA 32960 l oul i he 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 term .> and conditions of the Bidding Documents . 2 . 01 Bidder accepts all of the terms and conditions of the Advehtisement or Invitation to Bid and Ins ructions to Bidders , including without limitation those dealing with the disposition of Bid security . The Bid will remain subject to acceptance for 90 drays 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 NONE B . 93idder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost , progress , and performance of the Work . C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and 00310 - Bid Form REV 04-07 . doc 00310- 1 F : \Public VV\ orks\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2lAdmimlbid documents'.00310 - Bid Form REV 04-07 . doc 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 Fa : i ities) 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 Envi -onmental 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 empioyed by Bidder, including applying the specific means , methods , techniques , sequences , and .procedures of construction expressly required by the Bidding Documents to be employed by iBidder, 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 h�rice (s ) bid and within the times and in accordance with the other terms and conditions of the 'Bidding Documents . G . EaJdder is aware of the general nature of work to be performed by OWNER and others at the rite that relates to the Work as indicated in the Bidding Documents , H . E idder has correlated the information known to Bidder', information and observations obta , ned from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , teats , studies , and data with the Bidding Documents , I . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or dis3repancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder. J . 1-he 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 OVVNEmR . [The remainder of page intentionally left blank] 00310 - Bid Form REV 04 -07 . doc 00310 -2 F : 1Public Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents M310 - Bid Form REV 04-07 . doc ITEMIZED BID SCHEDULE PROJECT NAME : INDIAN RIVER COUNTY FAIRGROUNDS OVERFLOW STAGING AREA PHASE II PROJECT NO . : 1ION47-2 / BIDNO � � FF8 SERVICE , INC . BIDDERS NAME ANCIL S KACTO Item No. Desch tlotr? f Unrt u '_ Quanb UnitPrice ' AmountCO _i MOBluzanoN LS , $ 10 , 000 . 00 $ 10 , 000 . 00 C_ - 1 _- EROSION & WATER POLLUTION CONTROL LS 1 $4 , 000 . 00 $41000 . 00 Gf.: 1 AS-BUILT SURVEYING LS .1 $ 5 , 000 . 00 $57000 . 00 Cf -2 N . P. D. E. SPERMITTINGLS .1 $ 1 , 000 . 00 $ 1 , 000. nn I 1 - ? CLEARING AND GRUBBING LS 1 $ 17 , 500 . 00 $ 17 , 500 . 001 EARTHWORK & GRADING (TO INCLUDE REGULAR EXCAVATION & EMBANKMENT) LS .1 $20 , 000 . 00 $20 , 000 . 00 ' E ; 4 _ TYPE B STABILIZATION 12" SUBGRADE LBR 40 SY 8 033 $ 1 . 75 $ 14 , 057 . 75 8" THICK ASPHALT MILLINGSSY 7 , 848 $4 . 95 $38 , 847 . 60 zI2 _ -1 -521 INLET-TYPECEA -7 $ 13450 . 00 $ 10 , 150 . 00 43C - 175-101A PIPE CULVERT OPTIONAL MATERIAL ( 181' RCP) LF 429 $27 . 00 $ 115583 . 43C 175- 101B PIPE CULVERT OPTIONAL MATERIAL 18•• CAP LF 35 $40 . 00 $ 1 , 400 . 00 7C_- 1 - 2 PERFORMANCE TURF BAHIA SY 7S.,18 $ 1 . 40 $ 11 , 085 . 20 QUEEN PALMS (IRC TO PROVIDE THE TREES. PLEASE REFER TO TECHNICAL SPEC 00575 FOR DETAILS ON $200 . 00 $ 1 , 800 . 00 f7c_ 1 -2A LOCATION & PLANTING) EA 9 WASHINGTON PALMS (IRC TO PROVIDE THE TREES_ PLEASE REFER TO TECHNICAL SPEC 00575 FOR DETAILS $200 . 00 $ 3 , 000 . 00 ' S1 - 2B ON LOCATION & PLANTING) EA 15 8Q - 1 - 2 RELOCATE CABBAGE PALMS AND QUEEN PALMS EA 8 $ 200 . 00 $ 1 , 2001 . 60 . oc _2u- 11 STOP SIGN R1 - 1 ) As $200 . 00 $200 . 00 211 - 11 - 125 THERMOPLASTIC, STANDARD , WHITE SOLID 24" LF 22 $ 10 . 00 $220 . 00 711 11 -221 THERMOPLASTIC STANDARD YELLOW, SOLID , 6" LF 522 $2 . 00 $ 1 , 044 . 00 STAGING AREA IMPROVEMENTS SUB TOTAL $ 152 , 087 . 55 MISCELLANEOUS IRC-1 PUBLIC CONSTRUCTION BOND 1 LS $4 ' 000 ' 00 $4 , 000 . 00 IRC-2 TRENCH SAFETY COMPLIANCE (OVER 51) (SEE SEC. 00454 ) 1 LS $ 50 . 00 $ 50 . 00 MISCELLANEOUS SUB TOTAL $4 , 050 . 00 INDIAN RIVER COUNTY FAIRGROUNDS OVERFLOW STAGING AREA PHASE 11 TOTAL $ 156 , 137 . 55 LS = LUITID Sum EA = Each SY = Square Yard LF = Linear Feet AS = Assembly PROJECT TOTAL: One hundred fifty six thousand one hundred thirty PF�: OJECT TOTAL (IN WORDS) Y Y seven dollars and fifty five cents . FORCE ACCOUNT: _ $51D00 .00 FORCE ACCOUNT: ( IN WORDS ) FIVE THOUSAND DOLLARS AND NO CENTS TOTAL PROJECT BID AMOUNT INCLUDING FORCE ACCOUNT: $ 161 3137055 TOTAL PROJECT BID AMOUNT ( IN WORDS ) One hundred sixty One thousand ci e hundred thirty seven dollars and fifty five cents . 00310 :I PcDuhllc Works\ENGINEERING DIVISION PROJEC7S\1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2VAdminn%id documents\Itemized Bid Schedule 1047-2.xk- 5 . C' 'I Bidder shall complete the Work in accordance with the Contract Documents for the price ( s ) contained in the Bid Schedule : A . i he Discrepancies between the Amultiplication of units of Work and unit prices will be I esolved 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 Burn . Discrepancies between words and figures will be resolved in favor of the words . B . he Owner reserves the right to omit or add to the construction of any portion or portions rif 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 = n 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 lass of profits shall accrue to the Contractor by reason thereof. D . Unit Prices have been computed in accordance with paragraph 011 . 03 . B of the General i;,, onditions . 6 . 01 Bidder agrees that the Work will be substantially completed and ready for final payrient in accordance with paragraph 14 . 07 . B of the General Conditions on or before the dais cr within the number of calendar days indicated in the Agreement . 6X2 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 : \ . Itemized Bid Schedule I ? . Required Bid security in the form Of BID BOND IATA FORM ) C . Sworn Statement Under the Florida Trench Safety Act [� . Qualifications Questionnaire s_ . List of Subcontractors 00 :110 - Bid Form REV 04-07 . doc 00310 -4 F :\Public \r%forks\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2�Admim\bid documera _=. \00310 - Bid Form REV 04 -07 . doc 8 . 01 The terms used in this Bid with initial capital letters, have the meanings indicated in the Instructions to Bidders , the General Conditions , and the Supplementary Conditions . SUBMITTED on FEBRUARY 3 , 2012 , Staid Contractor License No . CCC 1518859 If Bidd & IS : An Individual Narne (typed or printed ) : BY (SEAL} t 'ndividual 's signature) Doing business as : Business address : Phone No . : FAX No . : A Partriershii � Partnership Name : -_ (SEAL ) By - ---- ( Signature of general partner -- attach evidence of authority to sign) Nanr) e (typed or printed ) : Business address : Phare No . : FAX No . : A Corporation Corporation Name : MANCIL ' S TRACTOR SERVICE , INC . (SEAL) Stcte Of Incorporation : FLORIDA Types ( General Business , Professional , Service , Limited Liability ) : SERVICE By : CG,,, c6 . ( i (Signature -✓ attach evidence of adthority to sign) ,y TOR Name (typed or printed ) : DON R . MANCIL , JR , g% o �®S" ��*9V PRESIDENT Titlr� . o, 0 - � � , 7 y ( CORP RATE S ) ° Atte It ' ' r. / -4 �' _ ° go . a (Signature of Corporate Secrry) ,OF ° 00310 - Bid Form REV 04-07 . doo 00310 - 5 PAPubhc V\corks\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admim\bid documents \00310 - Bid Form REV 04-07 . doc Business address : 4551 SE HAMPTON COURT , STUART , FL 34997 Phone No . : 772 - 288 - 0951 FAX No . : 772 - 288 - 0983 — Da° e of Qualification to do business is 11 / 17 / 1994 A Joint ' ✓erltlire Joint Venture Name : ( SEAL) By : ( Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed ) : _ Titkn. Business address : Phov e No . : FAX No . : Joint Venture Name : ( SEAL) By : --- ;' Signature -- attach evidence of authority to sign) Nar71 �. (typed or printed ) : Titk� Business address : Phal e 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 00 ° 10 - Bid Form REV 04-07 . doc 00310 -6 F : \Public Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents \00310 - Bid Form REV 04-07 . doc wmm . sunbiz . org - Department of State Page 1 of 2 FLORIDA DEPARTMENT OF STATEs DIVISION OF CORPORATIONSTo . : Home Contact Us E -Filing Services Document Searches Forms Help Previous on List Next on List Return To List _ . . . _ . __. Entity Name Search Events Name History Submit Detail by Entity Name Florida Profit Corporation MANCIUS) TRACTOR SERVICE , INC . Filing Information Document Number P94000084863 FEI /EIN Number 650546351 Date Filed 11 / 17/ 1994 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 10/09/2007 Event Effective Date NONE Principal Address 4551 S . E . HAMPTON COURT STUART FL 34997 US Changed 09/26/2001 Mailing Address 4551 S . E . HAMPTON COURT STUART FL 34997 US Changed 09/26/2001 Registered Agent Name & Address LANDRY , CAROLE 4551 SE HAMPTON COURT STUART FL 34997 US Name Changed : 04/25/2008 Address Changed : 04/01 /2004 Officer/ Director Detail Name & Address Title PRES MANCIL , DON R JR 4551 SE HAMPTON COURT STUART FL 34997 US Annual Reports Report Year Filed Date 2009 03/24/2009 dop.. ni mher=P940000R4R6 . . _ 2/ 1 /2012 www . sunbiz. org - Department of State Pabe 2 of 2 2010 03/29/2010 2011 02/25/2011 Document Images 02/25/2011 -- ANNUAL REPORT ; View image in PDF format I 03/29/2010 -- ANNUAL REPORT If View image in PDF format ^ . 03/24/2009 -- ANNUAL REPORT { View image in PDF format Ilk 04/25/2008 — ANNUAL REPORT j View image in PDF format j 10/09/2007 -- Name Change View image in PDF format All 04/26/2007 -- ANNUAL REPORT I View image in PDF format I 05/03 /2006 --- ANNUAL REPORTI View image in PDF format 05/ 10/2005 -- ANNUAL REPORT 1, View image in PDF format I 04/01 /2004 -- ANNUAL REPORT View image in PDF format 03/ 10/2003 -- ANNUAL REPORT View image in PDF format 01 /28 /2002 -- ANNUAL REPORT I View image in PDF format 09/26/2001 -- ANNUAL REPORT I View image in PDF format 03/02/2001 -- ANNUAL REPORT ± View image in PDF format 02/28 /2000 -- ANNUAL REPORT I View image in PDF format kkk 04/02/ 1999 _ ANNUAL REPORT I View image in PDF format 01 / 16/ 1998 -- ANNUAL REPORT View image in PDF format 05/ 12/ 1997 -- ANNUAL REPORT View image in PDF format _.. , 04/ 18/ 1996 -- ANNUAL REPORT ` View image in PDF format Note : This is not official record . See documents if question or conflict . Previous on List Next on List Return To List Entity Name Search Events Name History Submit Home I Contact us I Document Searches I E- Filinq Services I Forms I Help I Copyright © and Privacy Policies State of Florida , Department of State o- : ._ � a � Ilk, _ . . —nnnnnnnOA04 7 / 1 /7n17 SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN PAVER COUNTY CODE ON DISCLOSURE OF RELATIOIYSHIF5 :CHIS FORM A "_ UST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . i . This svi orn statement MUST be submitted with Bid , Proposal or Contract No . 2012028 for Ind im River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of Faire ounds , i . This sworn statement is submitted by : MANCIL ' S TRACTOR SERVICE , INC . (Name of entity submitting Statement) whose rrasiness address is : 4551 SE HAMPTON COURT , STUART , FL 34997 3 , My nain is DON R . MANCIL , JR . (Please print name of individual signing) and my relationShip tic) the entity named above is PRESIDENT 4 , I under sand that an " affiliate" as defined in Section 105 . 08 , Indian River County Code , means : 'The tern ) " affiliate" includes those officers , directors , executives, partners , shareholders , employees , members , and agents who are active in the management of the entity. � . I undersrand 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, stepmotkier, stepson, stepdaughter, stepbrother, stepsister, half brother , half sister, grandparent , or grandchild . b . 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 . ] x Neither the entity submitting this sworn statement, nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity, have any relationships as defined in section 105 . 08 , Indian River County Code, with any County Commissioner or Cortil,ty 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- , F : %Public Works\ENUINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & vehicular Staging Phase 2\Admim\bid Anti iments\00452 Disclosure of Relationshios . doc Name of AftiiL:tc Name of County Commissioner or entity Relationship or employee ;���Pc Otte me ;F� 0V *44 SEAL ( Signattu-q; 0 • FEBRUARY 3 , 2012 OF (Date) - F�. STATE OF FLORIDA COUNTY OF MARTIN The foregoing _ astrument was acknowledged before me this 3RD day of FEBRUARY 2012 by DON R . MANCIL , JR . , is ersortall known to me or who has produced as identification . rr ,, NOTARY PUBLIC tpAY PUg [. WANDA SUE SMART SIGN : J amAet` �slw�t ar,�-- * * MY COMMISSION # DD 967677 P EXPIRES : April 25 , 2014 WANDA SUE SMART '9r oF° Bonded Thru Budget Notary Services PRINT : fOF FL g Notary Public , State at large FLORIDA My Commission Expires : 04 / 25 / 2014 (Seal) 00462_2 F: \PublicWorks\ENGINEERINGDIVIS10NPROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00452 Dlsc !osure of Relationshimdoc S� ECTION 00454 - Sworn Statement Urider the Florida Trench Safety Act THISP FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ( " BIDDER " ) , (DR ITS AUTHORIZED REPRESENTATIVE , IN THE PRESENCE OF A NOTARY (PUBLIC AUTHORIZED TO ADMINISTER OATHS , 1 . J his Sworn Statement is submitted with Project No . 1047 -2 for Indian River County Fairgrounds Phase 2 , Overflow and Vehicular Staging for Events of Fairgrounds 2 . i his Sworn Statement is submitted by "" " I TRACTOR SERVICE , INC . ( Legal Name of Entity Submitting Sworn Statement) hereinafter " BIDDER " . The BIDDER ' s address is 4551 SE HAMPTON COURT , STUART , FL 34997 I:dDDER ' s Federal Employer Identification plumber ( FEIN ) is 65_0546351 —� 3 . loy name is DON R . MANCIL , JR . and my relationship to the BIDDER (Print Name of Individual Signing) PRESIDENT ( Position or Title) I certify , through my signature at the end of this Sworn Statement , that I am an authorized representative of the BIDDER . 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act , Section 553 . 60 et . seq . Florida Statutes and refer to the applicable Florida Statue (s ) and/or OSHA Regulation ( s ) and inrlude the ' t7�ffective 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 heave no responsibility to review or check the BIDDER ' s compliance with the Trench `> afety Standards . 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety L tandards . 6 . The BIDDER has allocated and included in its bid the total amount of $ 50 . 00 teased 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 : OPEN CUT PER OSHA STANDARD , TRENCH BOXES IF NEEDED PER OSHA STANDARDS . 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 . T he BIDDER has allocated and included in its bid the total amount of $ based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s ) of compliance on this Project : N / A 00454 - Florida Trench Safety Act - REV 04-07 . doc 00454 - 1 F: \Public wo-t. s\ENGINEER ING DIVISION PROJECTS11047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wtlmin\bid documents\00454 - Florida Trench Safety Act - REV 047 . doc "he 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 vvith the Trench Safety Standards , 8 . The BIDDER , in submitting this bid , represents that it has obtained and considered all vailable geotechnical information , has utilized said geotechnical information and that as ed on such information and the BIDDER ' s own information , the BIDDER has °_; efficient knowledge of the Project 's surface and subsurface site conditions and :: haracteristics to assure BIDDER ' s compliance with the applicable Trench Safety ;E) tandards in designing the trench safety system ( s ) for the Project . BIDDER : MANCIL ' S TRACTOR SERVICE , INC . By : Position or Title : DON R . MANCIL , JR . , PRESIDENT Date : FEBRUARY 3 , 2012 STATE OF FLORIDA COUNTY OF MARTIN Persona ly appeared before me , the undersigned authority , DON R . MANCIL , JR , who of er first beinn� sworn by me , affixed his/her signature in the space provided above on this 3RD day of F RUARY 201 2 n , Notary Public , State at large FLORIDA My COMmission Expires : 04 / 25 / 2014 * * END OF SECTION 00454 - Florida Trench Safety Act - REV 04 -07 . doc 00454 - 2 F: \Public Wcr?c3\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow 5 Vehicular Staging Phase 2\Admirr\bid documents\00454 - Florida Trench Safety Act - REV Dz -O_, coc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICI THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON . RESPONSIBLE BIDDERS , UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may b.. considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No : 1047 .2 Project Name : Indian River County Fairgrounds Phase 2 , Overflow and Vehicular Staging for Events of Fairgrounds 1 . {_udder' s Name / Address : MANCIL ' S TRACTOR SERVICE , INC . 4551 SE HAMPTON COURT , STUART , FL 34997 -- 2 . k= idder' s Telephone & FAX Numbers : 772 - 288 - 0951 OFFICE / 772 - 288 - 0983 FAX rrr 3 . Licensing and Corporate Status : i3. . Is Contractor License current ? YES L1 . Bidder' s Contractor License No : CGC1518859 [Attach a copy of Co ^ tractor' s License to the bid ] I; . Attach documentation from the State of Florida Division of Corporations that indicates the business entity' s status is active and that lists the names and titles of all officers . 4 . Number of years the firm has performed business as a Contractor in construction work Cf the type involved in this contract : 17 5 . What is the last project OF THIS NATURE that the firm has completed ? OLD PALM CITY WATER QUALITY RETROFIT - MARTIN COUNTY BOCC 6 . Has the firm ever failed to complete work awarded to you ? NO lif your answer is " yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number for each project in which the firm failed to complete the work . ] 7 . Has the firm ever been assessed liquidated damages ? 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 flor each project in which liquidated damages have been assessed . ] 8 , Has the firm ever been charged by OSHA for violating any OSHA regulations ? No 00456 - Qualifications Question naire . doc 00456 - � F Tubllc Wor¢stENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admimlhid documents\00456 - Qualifications Questionnaire. Joc [ If your answer is " yes , then attach a separate page to this questionnaire that explains t: he circumstances and list the project name , Owner, and the Owner' s telephone number or each project in which OSHA violations were alleged . ] 9 . -las the firm ever been charged with noncompliance of any public policy or rules ? NO jf your answer is " yes , then attach a separate page to this questionnaire that explains i: l`le circumstances and list the project name , Owner, and the Owner' s telephone rlumber `,ir each project . ] 10 . ;=attach to this questionnaire , a notarized financial statement and other information that documents the firm ' s financial strength and history . 11 . lHas 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 iJhe circumstances and list the project name , Owner, and the Owner' s telephone number '.or 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 : [' fame : DON R . MANCIL , JR . Date of Inspections : 02 / 01 / 2012 14 . '` fame of on -site Project Foreman : JAMES GRIER :`lumber of years of experience with similar projects as a Project Foreman : 10 15 . Name of Project Manager: DON R . MANCIL , JR . :"Dumber of years of experience with similar- projects as a Project Manager: - 20 16 . State your total bonding capacity : $ 5 , 000 , 000 , 00 17 . ::tate your bonding capacity per job : $ 3 , 000 , 000400 18 . Please provide name , address , telephone number , and contact: person of your bonding company : BOB BARRA , 9373 W . SAMPLE ROAD SUITE 206 , CORAL SPRINGS , FL 33065 [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire. doc 00456 - 2 F \Public Vt DI s\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\4dmiralbid documents\00456 - Qualifications Questionna ; na doc 19 . Complete the following table for SIMILAR projects : Date t Contact Person : Narne Original Contract `" final Contrac4 r Name of Project Completed I Owner and Telephone Number ( Amount Amount E OLD PALM CITY WATER QUALITY GREG NOLTE RETROFIT 12 / 2011 MARTIN COUNTY BOCC 772 - 288 - 5927 $ 782 , 717 . 79 $ 839 , 699 . 09 GOLDEN GATE SEWER & GREG NOT TE DRAINAGE IMPROVEMENTS 11 / 2011 MARTIN COUNTY BOCC 772 - 288 - 5927 $ 756 , 560 . 35 $ 815 , 903 . 16 SOUTH FLORIDA WATER BUFF SEARCY ALLAPATTAH COTTAGE ROAD 03 / 2011 561 - 242 - 5520 $ 357 , 500 . 00 MANAGEMENT DISTRICT $ 370 , 143 . 97 TREASURE COAST HOSPICE 01 / 2011 BRITT & BRITT GREG BRITT CONSTRUCTORS 772 - 283 - 1599 $ 487 , 022 . 84 $ 521 , 297 . 92 LIMESTONE CREEK PHASE III 05 / 2010 PALM BEACH COUNTY MICHAEL EVANS ENVIR . RESOURCES 561 - 233 - 2453 $ 214 , 663 . 43 $ 250 , 357 . 86 FARM ROAD BRIDGE ENGINEER CONTROL FRANK ZAYAS 05 / 2009 SYSTEMS , INC . $ 296 , 000 . 00 REPLACEMENT 305 - 613 - 5590 $ 296 , 678 . 65 MAPLEWOOD DRIVE TOWN OF JUPITER TOM LEPORE IMPROVEMENTS 02 / 2010 561 - 741 - 2680 $ 306 , 092 . 09 $ 334 , 930 - 27 64TH AVENUE DRAINAGE 02 / 2010 CUSTOM BUILT MARINE DAVE CORRIGAN IMPROVEMENTS CONSTRUCTION 772 - 288 - 4254 $ 79 , 842 . 75 $ 80 , 842 . 75 STUART BEACH 09 / 2011 MARTIN COUNTY BOCC GREG NOLTE $ 394 , 264 - 38 $ 462 , 363 . 47 PARKING LOT IMPROVEMENTS 772 - 288 - 5927 00456 - 3 00456 - Qualifications Questionnaife . doc FAPublic Works\ENGINEER ING DIVISION PROJECTS\ 047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admin bid documents\00456 - ❑ualifications Questionnaire. doc [NOTE : If requested by the County, the Bidder shall furnish references, and other infoyrlation , sufficier; ] v comprehensiv appraisal of its abilities as a contractor . ] V . ct° — t SEAL PRESIDENT ( Signature ) FEBRUARY 3 , 2012 ( Position or Title )� OF ENDO s ( Date ) F SECTION * " 00456 - Qualifications Question naire . doc 00456 • 4 F:\Public VV01}',s\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds overflow 8 Vehicular Staging Phase 2\Admim\bid documents\00456 - Qualifications Questionnaire dcc MANCIL ' S TRACTOR SERVICE , INC . Financial Statements For the Period Ended September 30 , 2011 and 2010 I , ra Smith , cer 'ify tha this is a true and exact copy . Signa t e s Stater f Florida Count of Martin The foregoing instrument was acknowledged before me this 3rd day of February , 2012 , by Myra Smith , who is personally known to me . qn� , e"e '6;7a, Wanda Sue SmartoPnrpok ftNIDASUE SWT Notary Public , State of Florida , at large MY COMMISSION # DD 967677 My Commission Expires : April 25 , 2014 EXPIRES : April 25 , 2014 rgTFOF F °� Bonded Thru Budget Notary Services Erie H . Berkowitz , PA (INDEPENDENT ACCOiJNTANT'S COMPILATION REPORT) To the Board of Directors MANCIL' S TRACTOR SERVICE , INC . 4551 SE HAMPTON COURT STUART, FL 34997 We have compiled the accompanying comparative balance sheet of MANCIL' S TRACTOR SERVICE , INC . (an " s ' corporation) as of September 30 , 2011 and 2010 , and the related statement of income for the nine months then ended . We have not audited or reviewed the accompanying financial statements and , accordingly , do not express an opinion or provide any assurance about the financial statements are in accordance with accoutning principles generally accepted in the United States of America . Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing , implementing , and maintaining internal control relevant to the preparation and fair presentation of the Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants . The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modification that should be made to the financial statements . Management has elected to omit substantially all of the disclosures required by generally accepted accounting principles . If the omitted disclosures were included in the financial statements , they might influence the user ' s conclusions about the Company' s financial position , results of operations and cash flows . Accordingly , these financial statements are not designed for those who are not informed about such matters . Respectfully submitted , XrirH . Berk z , P . A . November 2 v 201 1 �j 616 S . E . Dixie Highway 9 Stuart, FL 34994 • 772/283 - 7404 9 Fax 772/463 - 8467 MANCIL ' S TRACTOR, SERVICE , INC . Balance Sheet September 30 , 2011 and 2010 .ASSETS As of As of Sem • 30 , 2011 Sep , 30 2010 Current Assets Cas:'i-PNC Operating $ 65 , 627 . 01 $ 0 . 00 Cash-PNC Money Market 253 , 385 . 92 0 . 00 Cash-Checking 0 . 00 21177 . 23 Certificate Of Deposit 1505438 . 21 0 . 00 Cash-TD Money Market 147 , 971 . 68 3541390 . 67 Cash-PNC Bldg Account 23 , 785 . 31 0 . 00 Prepaid Expenses 0 . 00 32439 . 60 Accounts Receivable 11245 , 855 . 76 130833877 . 94 Accounts Receivable-Retainage 377 , 331 . 00 213 , 966 . 87 Costs ; Earnings Excess Billing 10 , 271 . 58 13726 . 52 Due From Vero Rock Mine 0 . 00 45 , 1 19 . 76 Due From Florida Innovative 0 . 00 71000 . 00 Due From Xtreme Transport LLC 0 . 00 32 , 226 . 43 Due From Sunset Lawn — 0 . 00 3000 . 00 Total Current Assets 2 , 274 , 666 . 47 1 . 746 925 . 02 Fixed Assets Transportation Equipment 15071 , 923 . 37 1 , 0163425 . 26 Furniture & Fixtures 26 , 048 . 18 185668 . 47 Machinery & Equipment 23483 , 244 . 45 23014 , 410 . 76 Buildings 1892214 . 00 189 , 214 . 00 Leasehold Improvements 783663 . 87 78 , 663 . 87 Accumulated Depreciation ;2 , (3321322 . 81 ) (21331 , 328 . 22) Land 180 019 . 00 180 . 019 . 00 Net Fixed Assets 113961790 . 06 1 . 166 , 073 . 14 Other Assets Security Deposits 0 . 00 _ 42041 . 00 Total Other Assets 0 . 00 42041 . 00 Total Assets $ 3 , 671 , 456 . 53 S 2 , 9173039 . 16 See Accountants ' Compilation Report 1 MANCIL ' S TRACTOR SERVICE , INC . Balance Sheet September 30 , 2011 and 2010 LIABILITIES AND STOCKHOLDERS ' EQUITY .As of As of Sep . 30 2011 Sep . 30 2010 Current Liabilities Accounts Payable $ 810 , 554 . 87 $ 708 , 085 . 77 Due on Capital One Cr Cd . 266 . 04 701 . 51 Sales Tax Payable 700 . 04 689 . 32 Vendor Retainage 0 . 00 21 , 039 . 50 Accrued Interest 15121 . 27 0 . 00 Due on PNC Cr Cd 13 , 413 . 31 0 . 00 Billings in Excess Costs/Earn 11755 . 96 13 , 394 . 24 Note Payable -Financial Federa 0 . 00 8 , 872 . 75 Current Portion-Long Term Deb _146 , 000 . 00 138 900 . 00 Total Current Liabilities 9731811 . 49 891 683 . 09 Long - Term Liabilities Note Payable-FCC Equip . 0 . 00 275901 . 54 Note Payable- Caterp ( 1773 . 77 203378 . 62 38 . 986 . 38 Note Payable - PNC 41 , 187 . 91 51 . 415 . 07 N/P - Komatsu M314 1243968 . 94 0 . 00 N/P- FCC (JD Excavator) 221228 . 87 0 . 00 N/P - FCC M12 , M12T MI 4T 77 , 594 . 84 0 , 00 Note Payable-Financial Federa 1 , 472 . 77 183142 . 55 Nate Payable- Kelly Tractor Co 1 1 1 , 402 . 39 0 . 00 N/P- JD Credit (Loader) 683408 . 73 0 . 00 Note Payable-Volvo Finance 121263 . 36 29 , 125 . 37 Note Payable- CAT Financial 0 . 00 185954 . 02 Note Payable- Fin . Federal 8 , 564 . 21 27 , 570 . 31 Note Payable-John Deere Credi 28 , 913 . 03 35 , 962 . 22 Stockholder Loans 0 . 00 291 , 835 . 60 Less : Current Portion L-T-D ( 146 000 . 00) ( 138 ; 900 , 00) Total Long - Term Liabilities 341 , 383 . 67 4003993 . 06 Total Liabilities 133453195 . 16 14292 , 676 . 15 Shareholder ' s Equity Capital Stock 100. 00 100 . 00 Accumulated Adjustments Account 1 , 651 , 395 . 79 1 , 9297249 . 49 Shareholder Distributions (85 , 745 . 64 ) 0 . 00 Current Income (Lcss) 760151 1 . 22 (3047986 . 48) Total Shareholder ' s Equity 2 , 326 , 261 . 37 11624 , 363 . 01 Total Liabilities and Shareholder ' s Equity 3 , 671 , 456 . 53 $ 2 , 917 , 039 . 16 See Accountants ' Compilation Report 2 MANCIL ' S TRACTOR SERVICE , INC . Income Statement For the Periods Ended September 30 , 2011 and 2010 9 Monihs_Ended 9 Months Ended Sena 30 2011 /o Sen . 30 , 2010 Revenues Income $ 6 , 408 , 239 . 73 99 . 89 $ 3 , 402 , 536 . 38 96 . 15 Increase/ (Decrease) in W-I-P 5 . 914 . 62 0 . 09 125 , 663 . 28 3 . 55 Income - Miscellaneous 0 . 00 0 . 00 (86 . 55) 0 . 00 Refunds (349 . 91 ) (0 . 01 ) 0 . 00 0 . 00 Income- Excise Tax Refunds 500 . 00 O . ol 0 . 00 0 . 00 Income-Miscellaneous 13095 . 78 0 . 02 0 . 00 0 . 00 Sales Tax Allowance 81 . 90 0. 00 93 . 13 0 . 00 Income - Fuel Tax Credits 0 . 00 0 . 00 10 457 , 00 0 . 30 Total Revenues 6 , 415 , 482 . 12 100 . 00 325387663 . 24 100 . 00 Cost of Sales Fuel & Oil 500 , 983 . 13 7 . 81 252 , 501 . 60 7 . 14 Equipment Repairs & Mai -it . 3617153 . 09 5 . 63 120 , 282 . 33 3 . 40 Equipment Rental/Lease 128 , 885 . 28 2 , 01 603777 . 49 1 . 72 Materials 733 , 649 . 35 11 . 44 6832947 . 21 19 . 33 Subccntract Labor 1 , 179 , 423 . 58 18 . 38 116 , 004 . 16 3 . 28 Permits 141569 . 05 0 . 23 2 , 096 29 0 . 06 Leased Labor-Direct 9603783 . 47 14 . 98 926 , 475 . 70 20 . 10 Small "Dols 5 , 842 . 31 0 . 09 450 . 13 0 . 01 Fill 572147 . 67 0 . 89 573526 92 1 . 63 Asphalt 458 , 840 . 15 7 . 15 417 , 049 . 64 11 . 79 Miscellaneous COGS 17 , 743 . 36 0 . 28 78 , 620 53 2 . 22 Dump Fees /Trash Removal 47 , 923 . 97 0 . 75 27 , 994 . 52 0 . 79 Utilities (COGS) 359 , 023 . 29 5 . 60 330 , 217 . 93 9 . 33 Bond/Insurance (COGS ) 413499 . 19 0 . 65 4 . 551 . 00 0 . 13 Damages 23290 . 59 0 . 04 2 , 884 . 39 0 . 08 Total Cost of Sales 4 , 6691757 . 48 75 . 91 3 , 081 , 349 . 84 87 . 08 Gross Profit 175455724 . 64 24 . 09 457 , 313 . 40 12 . 92 Operating Expenses Accounting & Legal 83670 . 00 0 . 14 63415 . 00 0 . 18 Aute & Truck Expense 25 , 637 . 69 0 . 40 16 , 380 . 63 0 . 46 Advertising Expense 73318 . 09 0 . 11 2 , 102 . 47 0 . 06 Bad Debt Expense 21 , 398 . 00 0 . 33 342277 . 65 0. 97 Bank Fees 2 , 043 . 35 0 . 03 1 , 211 . 51 0 . 03 Contract Labor 0 . 00 0 . 00 22 . 50 0 . 00 Depreciation Expense 316 , 707 . 84 4 . 94 328 , 788 . 72 9 . 29 Donations 71386 . 75 0 . 12 470 . 25 0 . 01 Dues & Subscriptions 2 , 226 . 00 0 . 03 21184 . 00 0 . 06 Leased Labor- Other 161 , 850 . 25 2 . 52 1359321 . 72 3 . 82 Leased Labor- Officer 703200 . 00 1 . 09 701200 . 00 1 . 98 Employee Expense 0 . 00 0 . 00 3 , 700 . 00 0 . 10 Entertainment & Meals 1 , 643 . 72 0 . 03 78 . 23 0 . 00 Staff Meals 0 . 00 0 . 00 63 . 31 0 . 00 See Accountants ' Compilation Report 1 NIANCIL ' S TRACrfoR SERVICE , INC . Income Statement For the Periods Ended September 30 , 2011 and 2010 9 Months Ended 9 Months Ended Sep. 30 . 2011 % Sep . 30 , 2010 �o Finance Charges/Late Fees 0 . 00 0 . 00 Insurance - Life ( 1 , 160 . 66) (0 . 03) 1 ) 755 . 00 0. 03 11766 . 00 0 . 05 Interest Expense 282559 . 75 0 . 45 18 , 891 . 64 0 . 53 Insurance -Worker' s Comp ( 1 . 93) 0 . 00 5 , 15 .,0 . 40 0 . 15 Insurance - Liability 205022 . 94 0 . 31 t3 , 806 . 43 0 . 39 Insurance -Health 9 , 440 . 00 0 . 15 81680 . 00 0 . 25 Insui ance - licruipment 46 , 271 . 57 0 . 72 45 , 020 . 09 1 . 27 Lawn Maintenance 900 . 00 0 . 01 900 . 00 0 . 03 Licenses 16 , 114 . 62 0 . 25 61199 . 85 0 . 18 Office Expense 17 , 749 . 69 0 . 28 103820 . 69 0 . 31 Overweight Fees 4 , 018 . 10 a06 17074 . 50 0 . 03 Postage 2 , 185 . 61 0 . 03 1 , 584 . 10 0 . 04 Professional Fees ( 10 , 679 . 03 ) (0 . 17) 40 , 976 . 69 1 . 16 Rent Expense 0 . 00 0 . 00 365 . 54 0 . 01 Repairs & Maintenance 3 , 126 . 27 0 . 05 15 , 142 . 00 0 . 43 Taxes-Property 0 . 00 0 . 00 (31736 . 41 ) (0 11 ) Taxes - Other 93 . 68 0 . 00 3 , 428 . 2 ; 0 . 10 Telephone Expense 11 . 767 . 06 0 . 18 15 , 556 . 78 0 . 44 Travel Expense 5 , 697 . 09 0 . 09 2 , 882 . 13 0 . 08 Uniform's 3 , 753 . 07 0 . 06 5 , 660 . 67 0 . 16 Utilities 3 . 038 . 07 0 . 05 2 586 . 65 0 . 07 Total Expenses 789 , 293 . 25 12 . 30 7962809 . 29 22 . 52 Other Incorne Interest Income 13079 . 83 0 . 02 2 , 666 . 93 0 . 08 Gain/ (Loss)-Asset Sale 0 . 00 0 . 00 262592 . 48 0 . 75 Rental income 3 . 000 . 00 0 . 05 S4250 . 00 0 . 15 Total Other Income (Loss ) 41079 . 83 0 . 06 34 . 509 . 41 0 . 98 Net Income (Loss ) $ 7602511 . 22 11 . 85 $ (304 , 986 . 48 ) (8 . 62 ) See Accountants ' Compilation Report 2 NANC/L 'S TRA CTOR SER VICE,, INC. 4551 SEHAMPTON COURT STUART, FL 34997 772-288- 0951 OFF/CE / 772-288-0983 FAX MANCIUS TRACTOR IS DEDICATED TO ENSURING WORK IS DONE TIMELYAND EFFICIENT MANNER TO MAINTAIN OUR REPUTATION WITH LOCAL GOVERNMENTAL AGENCIES AND PRIVATE CLIENTELE , OUR JOB-SITES AND WORKLOADS ARE CAREFULLY MONITORED TO AVOID ANY FUTURE PROBLEMS , PROJECTS CURRENTLY UNDER CONSTRUCTION TOTAL CONTRACTED % OF CONTRACT DATE OF COMPLETION NAME OF PROJECT OWNER VALUE COMPLETION TO DATE VERO BEACH MUSEUM KAST CONSTRUCTION $336 , 396 . 00 6/30/2013 35 % ELLIOTT MUSEUM BILTMORE CONSTRUCTION $ 514 , 230 . 00 12/ 1 /2012 45 % LAMANCHA BIKE PATH ROYAL PALM BEACH $534 , 333 . 53 2/9/2012 99 % CONN BEACH CITY OF VERO BEACH $931200 . 00 3/ 1 /2012 0% DANFORTH CREEK MARTIN COUNTY BOCC $ 114931431 . 65 11 /19/2012 150/0 TOWN OF JUPITER ANNUAL CONTRACT TOWN OF JUPITER $4007000 . 00 11 /1 /2012 25 % VERO ISLES CANAL DREDGING CITY OF VERO BEACH $ 129 , 200 . 00 8/12/2012 0 % 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 porion 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 reque8t 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 . 1047 -2 for Indian River County Fairgrounds Phase 2 ; Overflow and Vehicular Staging for Events of Fairgrounds . lNork to be Performed Subcontractor' s Narrie/Address TREASURE COAST STRIPING & MAINTENANCE STRIPING & SIGNAGE 1 . - _ - � 201 SW MILBURN CIRCLE , PORT ST LUCIE , FL 34953 MEREDIAN SURVEYORS 2 -SURVEY ( STAKE OUT & AS BUILT ) 1717 INDIAN RIVER BLVD , SUITE 201 , VERO BCH , FL 32960 3 . 4 - 51 6 . 7 . 8 . 9 . 10 . 11 . _ 12 . 13 . 14 . - 15 . - 16 . 17 . --- Note : Attach additional sheets if required . * * END OF SECTION 00458 - List of Subcontractors REV 04-07 . doc 00458 - 1 F . 1Public W:3r4 .s1ENG IN E ERIN G DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2l4dmim\bid documents\D0458 . List of Subcontractors REV 04-07 . duc STATE OF FLORIDA DEPARTMENT OF BUSTNLS !� AMrc� ssroxsA F< urr� raty QN a ' RTICTIQN INDUSTRY , LICENSING BOARD • T� TCENSE Nk3k2 SEQ#� L1007210029 07 / 21 ' 2010 090344 .272 CGC151f3859 -The GENERAL CONTRACTOR - -- Named below IS CERTIFIED Under the provisions of - Chapter489 . ' FS . Expiration date : AUG 31 , 2012 MEHALFFEY , TIMOTHY F MANCIL ' S TRACT041Z SERVICE, INCA 4551 SE HAMPTON COURT STUART FL 34997 CHARLIE CRIS' T GOVERNOR CHARLIE LIEM DISPLAY AS RECzUIRED BY LAW IbFUERIM SECRETARY Indian River County Contractor Licensing 1801 27th Street, Vero Beach , FL 32960 ( 772 ) 567-8000 Ext. 1800 RARING/PAVING ( COMMERCIAL ) , UNLIMITED CONTRACTC Cert Nbr: 9523 Exp : 7/31 /2012 Status : ACTIVE State Nbr: Exp : MANCIL ' S TRACTOR SERVICE , INC . ` ^\ MANCIL , JR . , DON f 4551 SE HAMPTONqOURT `. STUART < ; "' �3-4 �7 10 Signed : Indian River County Contractor Licensing 1801 27th Street, Vero Beach , FL 32960 ( 772 ) 567-8000 Ext , 1800 DEMOLITION CONTRACTOR Cert Nbr: 18045 Exp : 7/31 /2012 Status ,- ACTIVE State Nbr: Exp : MANCILS TRACTOR SERVICE INC- MYRA S . SMITH 4551 SE HAMPTON CT STUART �`. j Signed : � . THE -AMERICAN INSTITUTE OF ARCHITECTS All Document A310 Bid Rond KNOW LI . MEN BY THESE PRESENTS , that we Mancil ` s Tractor Service , Inc . 4551 SE Hampton Court ua prin .. ipal ,Serc a l-trcallLdt7, 4i�rncipal . and International Fidelity Insurance Company One Newark Center , 20th Floor Newark , NJ 07102 s > rx ulo,. Y9L 1y organized under the laws of the State. of NJ is Surety, hereinafter called the Surety, are held a,ld finely bttuid , nto Indian River County 1801 27 Street , Vero Beach , FL 32960 nis �re, izereinalter called the. Obligee, in the sun, of dive Percent of A.niount Rt1I__ ._..__-...__..-..._Dollars ($ 5 %), for the pay7uent u n Ftell and truly to be inadc, the said Principal and the said Surety, bind ourselves, olrr heirs, czecutors, adv,iinistrafav; , t : nrs and aisi _ms, jointly and severally, firmly by these presents . ii. R.£ Ass , the Principal hasbmitledabidf'or Indian River County Fairgrounds Phase 2 Overflow & Vehicular Staging for Events (Here: insrIII tiff 11)M' AJd;TU and 41cr •ripturr1 nfprofcct) `:" , E F 0IR fs3, if the Obligee shall accept rite hid of the Principal And the Principal shall caterinto a Contract with the Objit;ec s , a, Umlaoce with the tcn s of such hid and give such bond or bonds asmaybe specified in the bidding or Contract LjUL; t, rncnis Willi l a utlicieut srrcty i01- the faithful performance of such Contract and for the prompt payment (if labor and nrateria.l ft,rnishcd in th r ro � ecution thercox, or in the event of the failure of' the Principal to enter such Contract and dive such 'bond or bonds, if fire. l ' n 1, shall pay to the Oblige the difference not to exceed the penalty hereof between the amount specified in Said bra s ian; c�r 2mount #ktr wlr,cL the Obligcc may in good faith contract with another party to perfo.rnl the Work covered by said :9R * 1_ i �;<,t . on shall be null and void, othenvise to remain in full force and effect. ° All r S Ilncd and sealed this 1 day of February 2012 sE�L Manc_ il ' s Tractor Service , Inc . ( Prtnut 9p (Seal) t984 - "r "'' ( irl ) Don R . Mancilr%Jr . Pres i OF Inter a i na delity Insurance Company r ty} (Seal ) �' %taessl (Title)Robert Barra Attorney In Fact AIA t7OC lI'F- T :UJO BILA 13OND AEA , . FEBRUARY 19700.9) THL AMERICAN , ? S v . Y. AV [;. , y . NY. NN'ASIIINGTON , D.C. 20006 7 R "iI cc,;sei! p [IN n ;i;+ L z olatcs U. S coptiTi.Oi Iav:s and ii subject to legal prosecution. Bob Barra Bonds , Inc . 9373 W . Sample Road , Ste 206 Coral Springs , FL 33065 954 - 255 - 9855 fax 255 - 9857 Tcl (973) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE : ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR RID BOND/RIDER/CONSENTS/AFFMAVITS KNOW ALL MEN BY TEIFSE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey , does hereby constitute and appoint _ . . . _ _ . _ _ . . _ _ . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ ROBERT BARRA Coral Springs , FL . . . . . % . . .. . _ . . . . . . .. its true and la:vful attorney (s)-in fact to execute. , seal and deliver for and on its behalf as surety , any and all bonds and undertakings , contracts of indemnity and cdier writings obligatory in the nature thereof, which are or may be allowed required or Permitted by law, stature, rule re elation , contract or otherwise and t' e execution of such instruments) in pursuance of these presents, sol be as binding upon the said LVTERNAT NAL FIDELITY INSUR ME CGNI VANY, as fully and amply , to all intents and purposes , as if the sante had been duly executed and acknowledged by its regularly elected officers at its pancipai office . . This Power of Attorney is executed . and may be revoked , pursuant to and by authority of Article 3-Secdon 3 , of the By-Laws adopted by the Board of Directors of LN ITRNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February , 1974 . Tlie President or any Vice President, Executive Vice President, Secretary or Assistant Secretary , shall have power and authority ( 1 ) To appoint Arorneys-in- fact. and to authorize them to execute on behalf of die Company , and attach the Seal of the Company thereto , bonds and undertakings , contracus of indemnity and other writings obligatory in the nature thereof and , (2) To remove , at any time , any such anorriey-in-fact and revoke the authority given . Further, this Power of A:tomey is signed and .sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting du 1v called and. held on the :9th day of April , 1982 of w iieh the following is a true excerpt. Now dieTe ore the signatures of such officers and the seal of the Company may be affixed to any such. Dower of attorney or any certificate relating thereto by is simile, and any such polver of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any ;u. h powcr so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached . TY lits, IN TESTIMONY MiEREOF, INTERNATIONAL FIDELITY INSURANCE COMPAN V has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A .D . 2003 . INTERNATIONAL FIDELITY INSURANCE COIN Y S $ 1904 i a . STATE OF NEW JERSEY 1County of Essex R �' Secreta On this 29th day of August 2003 , before me cone the individual who executed the ppreceding instrument, to me. personally known and , being by me duly sit crti , said the he is the therein described and authorized officer of the INTERNATIONAL 1 LITY INSURANCE COMPANY ; that the seat affixed to s2,d uistrunnent is the Corporate Seal of said Company ; that flie said Corporate Seat and his signature were duly affixed by order of the Board of Directors of said Company . ARQ IN TESTI1vIONY WHEREOF , I have hereunto set my hand affixed my Official Seat, b� at the City of Newark, ?stew Jersey the day and year first above written . eNOTARY � PUBLIC A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov . 21 , 2010 undersigned officer of INi `fERNATIONAL FIDELITY INSURANCE COMI P;ANY do hereby certify that I have compared the foregoing copy of the Pin er of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney , with die OMI GINALS ON IN THE IfOME OFFICE OF SAID COMPANY , and that the same are correct transcripts thereof, and of the whole of the said originals , and that the said Powe : f At,orcev has not been revoked and is now in full force and effect IN TESTINIONY WHEREOF , I liavc h�rcunto set my hand dais day of . February 2012 4 Ar L4 L� tr � � �Aa Assistant Secretary BOAC OF COUNTY COMMISSION17S � R vz Mai k FLOR1� February 14 , 2012 Mancil ' s Tractor Service , Inc . Attn , Mr. Don R. Mancil, Jr. 4551 SE Hampton Court Stuart, FL 34997 NOTICE OF AWARD Reference : Indian River County Bid No. 2012028 Indian River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of Fairgrounds Dear Mr. Mancil : I am pleased to inform you that on February 14 , 2012 , 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 . ($ 161 , 137. 55) . 2 . Certificate of Insurance , must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 3 . W- 9 Form . 4 . Two Si ned Copies of Enclosed Agreement In accordance with section 255 . 05 ( 1 )(a) , Florida Statutes, you are required to execute a Public Construction Bond for the above referenced project . Please submit the Bond and Certificate of Insurance to this office at the address provided below no later than February 29 , 2012 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . Please execute both copies of the enclosed agreement and return them together with the required bond , W- 9, 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, Je Davis, Purchasing Manager cc: Arjuna Weragoda, P. E. , Project Engineer Office of Management and Budget • Purchasing Division 1800 27 `h Street, Vero Beach , Florida 32960 •(772) 567-8000 Ext. 1416 • Fax : ( 772) 770- 5140 E- mail : purchasing @ircgov .com SECTION 00520 - Agreement ( Public Works ) THIS AGREEMENT is by and between INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER) and Mancil ' s Tractor Service, 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 : This project will consist of the construction of drainage improvements , clearing and grubbing , installation of asphalt millings , landscaping , etc . ARTICLE 2 - THE PROJECT 2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows : Project Name : Indian River County Fairgrounds Phase 2 , Overflow and Vehicular Staging for Events of Fairgrounds County Project Number: 1047 -2 Project Address : 7955 58th Ave . Vero Beach , FL 32967 ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER ' s representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents , ARTICLE 4 - CONTRACT TIMES 4 . 01 Time of the Essence A . All time limits for Milestones , if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Days to Achieve Substantial Completion and Final Payment A . The Work will be substantially completed on or before the 60th 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 75th day after the date when the Contract Times commence to run . 00520 - Agreement ( Public Works) REV 04 -07 00520 - 2 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012028 Fairgrounds Phase 2 Overflow and Staging\00520 - Agreement (Public Works) REV 04-07 .doc ****** ******* * * ****** * **************** * ***** ***** *** ****** * **** * * ****** ** ** ******** ** ************* **** ****** 4 . 03 Liquidated Damages A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) , CONTRACTOR shall pay OWNER $ 388 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Substantial Completion until the Work is substantially complete . After Substantial Completion , if CONTRACTOR shall neglect , refuse , or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER $ 388 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for completion and readiness for final payment until the Work is completed and ready for final payment . ARTICLE 5 = CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . 13 , below : A . For all Work , at the prices stated in CONTRACTOR ' s Bid , attached hereto as an exhibit . B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : : Numerical Amount : $ 161 , 137 . 55 Written Amount : One hundred sixty one thousand one hundred thirty seven dollars and fifty-five cents ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents , 6 . 02 Progress Payments. A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is 00520 - Agreement ( Public Works) REV 04-07 00520 - 3 \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012028 Fairgrounds Phase 2 Overflow and Staging\00520 - Agreement (Public Works) REV 04-07 . doc attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent ( 5 % ) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( b ) , fifty percent ( 50 % ) completion means the point at which the County as OWNER has expended fifty percent ( 50 % ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents , 6 . 03 Pay Requests, A . Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR ' S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor , services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c) ( 2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 6 . 04 Paragraphs 6 . 02 and 6 . 03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 6 . 05 Acceptance of Final Payment as Release . A . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however , final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond . 00520 - Agreement ( Public Works) REV 04-07 00520 - 4 1\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012028 Fairgrounds Phase 2 Overflow and Staging\00520 - Agreement (Public Works) REV 04-07 .doc ARTICLE 7 - INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions to the Construction Contract . ARTICLE 8 - CONTRACTOR ' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A . CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents . B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost , progress , and performance of the Work . D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site ( except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions and ( 2 ) reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions , E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any , expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents . G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . 00520 - Agreement (Public Works) REV 04-07 005Z0 . 5 1\Fileserver2\Public\PurchasingkBids\2011 -2012 FY (2012000)\2012028 Fairgrounds Phase 2 Overflow and Staging\00520 - Agreement (Public Works) REV 04-07 .doc 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 : I This Agreement ( pages 520- 1 to 520-8 inclusive) ; 2 . Notice to Proceed ( page 00550- 1 ) 3 . Public Construction Bond ( pages 00610- 1 to 00610-3 , inclusive) ; 4 . General Conditions ( pages 00700 - 1 to 0070044 , inclusive) ; 5 . Supplementary Conditions ( pages 00800- 1 to 00800 - 10 , inclusive) ; 6 . Specifications as listed in the table of contents of the Project Manual ; 7 . Drawings consisting of a cover sheet and sheets numbered 1 through 7 , inclusive , with each sheet bearing the following general title : Indian River County Fairgrounds Phase 2 , Overflow and Vehicular Staging for Events of Fairgrounds ; 8 . Addenda ( numbers NSA to inclusive ) ; 9 . Appendices to this Agreement (enumerated as follows ) : Appendix A — Permits Appendix B - Best Management Practices 10 . CONTRACTOR' S BID ( pages 00310- 1 to 00310-6 inclusive ) 11 . Bid Bond ( pages 1 to 4 , inclusive ) , Qualifications Questionnaire ( page 1 to 4 , inclusive ) , List of Subcontractors ( page 1 inclusive ) . 12 . Sworn Statement Under the Florida Trench Safety Act ( pages 1 to 2 , inclusive ) 13 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 1 to 2 , inclusive) 14 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a ) Written Amendments ; b) Work Change Directives ; 00520 - Agreement (Public Works) REV 04-07 00520 - 6 1\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012028 Fairgrounds Phase 2 Overflow and Staging\00520 - Agreement ( Public Works) REV 04-07 .doc c) Change Order (s ) , 15 . Contractor' s Final Certificate of the Work ( page 00632 — 1 & 2 of the Specifications ) ARTICLE 10 - MISCELLANEOUS 10 . 01 Terms A . Terms used in this Agreement will have the meanings indicated in the General Conditions , 10 . 02 Assignment of Contract A . No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment , no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . 10 . 03 Successors and Assigns A . OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . 10 . 04 Severability A . Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue A . This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County , Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . 00520 - Agreement (Public Works) REV 04-07 00520 - 7 I\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)12012028 Fairgrounds Phase 2 Overflow and Staging\00520 - Agreement (Public Works) REV 04-07 . doc IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on February 14th 2012 (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 Mancil 's Tractor Service, Inc . By : �. �l / g 0 _ Gary C . eler Chairma Don R. Mancil , Jr. ( Contractor) Presiden � ��pJCTOR B ( CORPORATE SE � ' ` QlPnib 'PL tA . Baird , County Administrator V :` OAttest Carole Landry to AAS TO FORM AND LEGAL low SUFFICIEN I PY : I7�OF Ian S . Pola kwic , Sr. , County Attorney Address for giving notices : 4551 SE Hampton Court Stuart , FL 34997 Jeffrey K . Barton , Clerk of Court n ✓ � • , License No . CGC 1518859 Attest : `CA 'v4` � — �` � - (Where applicable) Deputy Clerk ( SEAL) Agent for service of process : Designated Representative : Name : Christopher J . Kafer , Jr. , P . E . pp° • 444 .. Designated Representative : Title : County Engineer +°°pia 00Mtijjs Name : Don R . Mancil , Jr . 1801 27th Street ••' sident J� " Title : Pre Vero Beach , Florida 32960 it ?��': Address : ( 772 ) 567 -8000 , ext . 1221 71t 4551 SE Hampton Court Facsimile : (772 ) 778-9391 * Stuart , FL 34997 =�o:• Phone : (772) 288-0951 y ,f Facsimile : (772) 288- 0983 ��Q�° plartneOrship�attacOh evidence of authority oration or a 000Nto sign . ) 4y44 " * END OF SECTION * " 00520 - Agreement (Public Works) REV 04 -07 00520 • S \\Fileserver2\Public\Purchasing\Bids\2011 -2012 FY (2012000)\2012028 Fairgrounds Phase 2 Overflow and Staging\00520 - Agreement (Public Works) REV 04-07.doc SECTION 00550 - Notice to Proceed Dated [ Certified Mail - - Return Receipt Requested ] TO . (BIDDER) ADDRESS : Contract For: ( Insert name of Contract as it appears in the Contract Documents) IRC Project No : 1047 -2 IRC Bid No . 2012028 You are notified that the Contract Times under the above contract will commence to run on By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated 60 days for Substantial Completion of this project and 75 days for Final Completion . In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . Also , before you may start any Work at the Site , you must : (add other requirements , if applicable) INDIAN RIVER COUNTY ( OWNER ) By : (AUTHORIZED SIGNATURE ) (TITLE) 00550 - Notice to Proceed REV 1 -4- 11 . doc 00550 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Wdmim\bid documents\00550 - Notice to Proceed REV 1 -4- 11 . doc Rev. 05/01 00610 - PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla . Stat . 255 . 05 ( 1 ) (a ) , and be substantially in the format shown on the first page following this instruction . The Public Construction Bond shall be in the form suggested by Fla . Stat . 255 . 05 ( 3 ) as shown on the second page following this instruction . A Power of Attorney from a surety insurer authorized to do business in Florida , authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond . 00610 - 1 00610 - Public Construction Bond . doc F : \PublicWorks\ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00610 - Public Construction Bond . doc 2195490 THIS DOCUMFNT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 2558 PG : 199 . Pagel of 3 02 /2912012 dt 02 : 47 PM , Public Work JEFFREY K BARTON , CLERK OF F. S . Chapter 255. 05 (1) (a) COURT Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 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, BONDNO: 0437589 CONTRACTOR NAME: Mancil ' s Tractor Service Inc . CONTRACTOR ADDRESS: 4551 SE Hampton Court Stuart , FL 34997 CONTRACTOR PHONE NO: 7 7 2 - 2 8 8 - 0 9 51 SURETY COMPANY NAME: International Fidelity Insurance Company SURETY PRINCIPAL One Newark Center , 20th Floor BUSINESS ADDRESS : Newark , NJ 07102 - 5207 SURETY PHONE NO: 973 - 624 - 7200 OWNER NAME: Indian River County OWNER ADDRESS: 1800 27 Street Vero Beach , FL 32960 OWNER PHONE NO: 772 - 567 - 8000 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO: BOND AMOUNT: $ 161 , 137o55 CONTRACT NO: Bid No . 2012028 (If applicable) DESCRIPTION OF WORK: Indian River County FaircImunds phase 2 Overflow and Vehicular Staging for Events of Fairgrounds PROJECT LOCATION: Vero Reach ,, FT . LEGAL DESCRIPTION: (If applicable) All other bond page(s) are deemed subsequent to this page regardless of any page Dumber(s) that may be printed thereon. 00610 - 2 00610 - Public Construction Bond.doc F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00610 - Public Construction Bond . doc PUBLIC CONSTRUCTION BOND Bond No . 0437589 (enter bond number) BY THIS BOND , We Mancil ' s Tractor Service , Incas Principal and International Fidelity Insurance cQa corporation , as Surety, are bound to Indian River County herein called Owner, in the sum of $ 161 , 137 . 55 , for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated Feb 1 Zo lml, between Principal and Owner for construction of Indian River oun y airgrounds. Phaseth o €optracr bei n� ds made a part of t is on y reference , a e trm s a d In a manne$$r prescrl�ed`�n �f, e 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 February 1 . , 2012 Mancil ' s Tractor Service , Inc . Name of Princi al TSR1 . 9y B �-.- �• �'�� ���; Don R . Mancil Jr . President .S01. ' • �. ° NF` � y 4, YFNib I t rnatioppl Fidelity ,tae ;, . " : N, 16 994 me of Sure � . � , � � � 00 *itbb J. -9iz �ri, big, a ff y k 41 I ON �� pr Robert Barra Attorney I ' �c _. 00610 - 3 N, 00610 - Public Construction Blind do \'+ F:\Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bide documents\00610 - Public Construction sond . doc s ' Tel (973 ) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE : ONE NEWARK CENTER , 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey , and having its principal office in the City of Newark , New Jersey , does hereby constitute and appoint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ROBERT BARRA Coral Springs , FL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > its true and lawful attorriey(s)-in-fact to execute , seal and deliver for and on its behalf as surety , any and all bonds and undertakings , contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed , required or pernutted by law , stature, rule re uladon , contract or otherwise , and the execution of such instrument(s) in pursuance of these presents , shall be as binding upon the said INTERNATNAL FIDELITY INSURANCE COMPANY, as fully and amply , to all intents and purposes , as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office . This Power of Attorney is executed , and may be revoked , pursuant to and by authority of Article 3 -Section 3 , of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITYINSURANCE COMPANY at a meeting called and held on the 7th day of February , 1974 . The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary , shall have power and authority ( 1 ) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company , and attach the Seal of the Company thereto , bonds and undertakings , contracts of indemnity and other writings obligatory in the nature thereof and , (2) To remove , at any time , any such attomey -in-fact and revoke the authority given . Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April , 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by attorneyfacsimile , and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binduig upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached . TY /Ns. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be OPO p -ll/A signed and its corporate seal to be affixed by its authorized officer, this 29th day of August , A . D . 2003 . y G y INTERNATIONAL FIDELITY INSURANCE CO o SEAL r�'n r y 1904 ,y c9 STATE OF NEW JERSEY .,E�S`t, �p County of Essex Aa lN�/Y Secreta On this 29th day of August 2003 , before me came the individual who executed the preceding instrument, to me personally known, and , being by me duly swom, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company ; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company . OAFIQ, IN TESTIMONY WHEREOF , I have hereunto set my hand affixed my Official Seal , at the City of Newark , New Jersey the day and year first above written. ,• . . , : S ONOTARY .8JPUBLIC tip4x JARS A NOTARY PUBLIC OF NEW JER$E CERTIFICATION My Commission Expires Nov . 21 , 2010 � . . r ��: +fix rf. r , I , the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared tpe' forejoing cop}t of Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney , ithr the ,oRIf3INAIS IN THE HOME OFFICE OF SAID COMPANY , and that the same are correct transcripts thereof, and of the whole of the said originals and �hat fhe said Po r e %k% of Attorney has not been revoked and is now in full force and effect ti sa�e � IN TESTIMONY WHEREOF , I have hereunto set my hand this 15 day of February 2012 Assistant Secretary ,eco CERTIFICATE OF LIABILITY INSURANCE D 02 / 116/206/20 YYYY) 0212 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER , THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER ( S ) , AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER, IMPORTANT : If the certificate holder is an ADDITIONAL INSURED , the policy ( ies ) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s ). PRODUCER CONTACT NAME : Mark van Wert PHONE MAIL TFAX c/o Willis of Florida , Inc . (866) 293- 3600 Ext . 623 A/c No : ( 888) 225 -4049 E- 3000 Bayport Drive , Suite 300 ADDRESS :_ Tampa , FL 33607 _ INSURER(S) AFFORDING COVERAGE __ NAIC # INSURERA : American Zurich Insurance Company 40142 INSURED INSURER B Workforce Business Services . Inc . Alt . Emp : Mancils Tractor Services Inc INSURERC : 1401 Manatee Ave . West Ste 600 -- --- —_ - Bradenton , FL 34205- 6708 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : 11FL079807825 REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCEIADDLISUBRI POLICY EFF POLICY EXP LTR I INSR WVD 1 POLICY NUMBER MMIDO/YYW 1 (MM/DDfYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO ATN7 PREMISES Ea occurrence $ ; CLAIMS -MADE i�� OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY ll $ r— GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER . PRODUCTS - COMP/OP AGG $ MPOLICY 71 PRO - LOC j $ AUTOMOBILE LIABILITY COMBINED IN LIMI Ea accident) $ i 1_ ANY AUTO BODILY INJURY ( Per person) $ I ALL OWNED SCHEDULED AUTOS AUTOS ! BODILY INJURY ( Per accident) $ I I' NON-OWNED ! PROPERTY DAMA HIRED AUTOS GE AUTOS ! Per accident $ S , UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS - MADE AGGREGATE 5 DED RETENTIONS $ WORKERS COMPENSATIONX 1 WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N Y I IT ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 11000 , 000 A OFFICER/MEMBER EXCLUDED? ❑ N / A I WC 90.00-81 &01 12/31 /2011 12/31 /2012 L . ( Mandatory in NH ) I E L DISEASE - EA EMPLOYEE $ 11000 , 000 If yes describe under DESCRIPTION OF OPERATIONS below E DISEASE - POLICY LIMIT S 11000 , 000 Qualifier : Don Mancil Jr Location Coverage Period : 12/31 /2011 12/31 /20121 Client# 051157 II DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required ) Mancils Tractor Services Inc Coverage is provided for 4551 SE Hampton Ct only those employees Stuart , FL 34997 leased to but not subcontractors of. CERTIFICATE HOLDER CANCELLATION Indian River County Building Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1801 27th Street THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Vero Beach , FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS , AUTHORIZED REPRESENTATIVE /nx U0� /I - © 1988 -2010 ACORD CORPORATION . All rights reserved . MANCT- 1 OP ID : SB CERTIFICATE OF LIABILITY INSURANCE F DATE ( MMIDDIVYYY) oz/ 1 s/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER , THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER ( S ) , AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER , IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy( les) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement ( s ). PRODUCER 772 -286 -4334 NADMEACT Cabot Lord Stuart Insurance , Inc . 772 -286 -9389 A"� NE , . Ext : 772 -286 4334 3070 S W Mapp AIc . No : 772-286 -9389 Palm City, FL 34990 n oRE Cabot W. Lord , CIC . ss : clord stuartinsurance . net INSURER( S) AFFORDING COVERAGE NAIC INSURER A : Westfield Insurance 24112 INSURED Mancils Tractor Service , Inc . INSURER B : 4551 SE Hampton Ct . Stuart , FL 34997 INSURER C : INSURER D : INSURER E INSURER F COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 1LTR TYPE OF INSURANCE IINSR WVQ POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000 , 000 A X COMMERCIAL GENERAL LABILITY X TRA7416829 02/04 /12 02/04/13 PPEM '' SES Ea occurrence $ 150, 00 CLAIMSMADE I OCCUR MED EXP ( Ary one person ) $ 10000 PEP. SONAL 8 ADV INJURY $ 11000 , 00 GENERAL AGGREGATE $ 21000 , 00 GEN' L AGGREGATE LIMT APPLIES PER PRODUCTS - COMPIOP AGG $ 210001, 00 PP. O - POLICY X T LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 11000900 A X ANY AUTO TRA7416829 02/04/12 02/04/ 13 BODILY INJURY ( Per person ) $ ALL OWNED SCHEDULED BODILY INJURY ( Per accident ) $ AUTOS AUTOS NON- OWNED PROPERTY DAMAGE HIR EDAUTCS AUTOS Peraccident $ $ X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 19000, 00 A EXCESS LIAB CLAIMS- MADE TRA7416829 02/04 /12 02 /04/13 AGGREGATE $ 11000, 000 DEC, X PETENTION $ 0 Prod /CO A $ 11000 , 000 WORKERS COMPENSATION LYC STATL OTH - AND EMPLOYERS ' LIABILITY YIN FP ANY FROPRIETOPIPARTtJE11EXECUT, VE E L EACH ACCIDENT $ OFF10ERIMEMBER EXCLUDED ? N I A ( Mandatory in NH ) E L DISEASE - EA EMPLOYEE $ ' yes describe under DESCRPTICN OP OPERATIONS below E L DISEASE - POLICv LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHCLES (Attach ACORD 101 , Additional Remarks Schedule, it more space Is required) Certificate holder is Additional Insured with respect to General Liability CERTIFICATE HOLDER CANCELLATION INDRC -4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. 1801 27th St AUTHORIZED REPRESENTATIVE Vero Beach , FL 32960 O 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SECTION 00622 - Contractor ' s Application for Payment ( INDIAN RIVER COUNTY FAIRGROUNDS PHASE 2 OVERFLOW AND VEHICULAER STAGING FOR EVENTS OF FAIRGROUNDS ) Application for Payment No , For Work_Accomplished throuah the period of through To : Indian River County ( OWNER ) From : ( CONTRACTOR ) Bid : 2012028 Project : 1047 -2 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or -) : $ 3 . Current Contract Price ( 1 plus 2 ) : 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement ) : of completed Work . $ of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7 ) : $ CONTRACTOR ' S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; ( 2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , below; (3 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (4 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective ; and ( 5 ) If this Periodic Estimate is for a Final Payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , ( Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Wdmim\bid documents\00622 - Contractor' s Application for Payment - 03- 10 rev. doc Rev. 05/01 Attached to or submitted with this form are . Page 2 of 5 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 ; 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 , 201 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 IF . \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00622 - Contractor' s Application for Payment - 03- 10 rev . doc Rev. 05/01 Page 3 of 5 SURETY ' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , , corporation , in accordance with Public Construction Bond Number a 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 : STATE OF FLORIDA (Affix Corporate SEAL ) 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 , 201 _ . Notary Public , State of My Commission Expires : [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 3 F . \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 21Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev. doc Rev . 05/01 Page 4of5 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and /or material supplied by the Contractor . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE CERTIFICATION OF INSPECTOR : I have checked the estimate against the Contractor' s Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project . To the best of my knowledge , this statement of work performed and /or materials supplied appears to be reasonably accurate , that the Contractor appears to be observing the requirements of the Contract with respect to construction , and that the Contractor should be paid the amount requested above , unless otherwise noted by me . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS11047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V\dmim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev . doc Rev . 05/01 Page 5 of 5 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid ( attach additional pages as necessary ) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release of lien form ( partial or final as applicable ) is not included with this Pay Request , together with an explanation as to why the release of lien form is not included ( attach additional pages as necessary ) : 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 5 F.\Public Works\ENGINEER ING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00622 - Contractor' s Application for Payment - 03- 10 rev . doc Rev. 05101 PROJECT NAME : Indian River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of the Fairgrounds Project No . 1047 - 2 Payment Application No . WORK COMPLETED 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 SUBTOTAL SUBTOTAL 0 . 00 0 . 00 0 . 00 0 . 00 0 . 00 0 . 00 FORCE ACCOUNT 1 LS GRAND TOTAL lollTOTAL 0 . 00 AMOUNT COMPLETED TO DATE $ 0.00 MATERIALS STORED TO DATE $ 0.00 m SUB-TOTAL MATERIALS STORED AND COMPLETED TO 0 DATE $ 0 . 00 o RETAINAGE AT 10 % $ 0 .00 0) 0) TOTAL COMPLETED AND STORED LESS RETAINAGE $ 0. 00 N N m LESS PREVIOUS PAYMENT $0. 00 AMOUNT DUE CONTRACTOR $0 . 00 F : \ Public Works\ ENGINEERING DIVISION PROJECTS\ 1047 - 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \ bid documents\00622 - Contractor ' s Application for Payment Spreadsheet Example . doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance : 2012 OWNER : Indian River County CONTRACTOR , Contract . Project : Indian River County Phase 2 Overflow and Vehicular Staging for Events of Fairgrounds OWNER ' s Contract No . ENGINEER ' s Project No , 1047 - 2 CONTRACT FOR : Indian River County Phase 2 , QYQ [flow and Vehicular Staging for Events of Fairgrounds This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof.- Tom hereof:To ' lndian River County OWNER And To & CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion REV 04-07 . doc 00630 - 1 F '.\Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Vadmim\bid documents\00630 - Certificate of Substantial Completion REV 04-07 . doc The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : CONTRACTOR . The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR ' s obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on : ( Date ) . ENGINEER : By : (Authorized Signature ) CONTRACTOR accepts this Certificate of Substantial Completion on (date ) . CONTRACTOR : By : (Authorized Signature ) OWNER accepts this Certificate of Substantial Completion on ( date ) . OWNER : INDIAN RIVER COUNTY By : (Authorized Signature ) * * END OF SECTION 00630 - Certificate of Substantial Completion REV 04-07 . doc 00630 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Wdmim\bid documents\00630 - Certificate of Substantial Completion REV D4-07 . 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 1201 enter into a contract for the performance of certain work , more particularly described as follows ,- UNDER ollows : 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 . 00632 - 1 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2�Admimlbid documents\00632 - Contractor's Final Certification REV 04-07 . doc 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this _ day of 201 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632 -2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\00632 - Contractor' s Final Certification REV 04 -07 . doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER ' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK ( TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by : ( Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project : PROJECT NAME : Indian River County Fairgrounds Phase 2 , Overflow and Vehicular Staging for Events of Fairgrounds INDIAN RIVER COUNTY PROJECT # 1047 -2 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 ame :Florida Professional Surveyor and Mapper Registration Number : Date Signed and Sealed by Professional Surveyor and Mapper : Company Name : Company Address . Telephone Number: 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07. doc 00634 - 1 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2\Ndmim\bid documents\00634 - Professional Surveyor and Mappers 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 . , , , , , " . Do . * po . t . * . . . . . . . . . . . . . . M . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . MM . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . " . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 , 46 & . . 4 . . . . . . . . . 8 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS , REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 5 - BONDS AND INSURANCE , . , , . , " , " . . M & . . . . . . . . . . . . . . . . . . . . . % . . I . . . . . . . m - - . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . 0 . 64 . . & . 6 . . . . . . . . . . . . P . . . . . 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 . . I I I M I . . I I I . . . . . . . . . . . . . . . . . . . , , a 0 % 0 0 P 0 , 0 P * P . . . . . . . . . . . . . . . . . . . . . . . . . . A . . . . . . , q P . . . 0 . . . . . . . . . . . . . . . . . . . . . . A . . . . . . . . . . 1 7 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4066 . 6 . . . . . . h . . . . . 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 :APublic Works\ENGINEERING DIVISION PROJECTSV1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2VAdmimVbid documentsV00700 - General Conditions REV 04-07 doc 6 . 08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 09 Laws and Regulations . . , 4 . . . . I . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . @ , . a . . . . . . . . . . . . . . . . . . 6 . . . 4 . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 10 Taxes . . I . . . . . 11 . 1 . . . 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. . I I I I I . . 1 1 . 1 . . 1 1 . . . . . . . . . . . . . . . . . . . * 0 . . I , 0 & . . . . . . . . . . . . . . . . . . . P . . d . . . . P . 0 . . . . . . . . . . . . . . . . . . 23 6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 17 Shop Drawings and Samples. , . , , . . . . 11 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 19 CONTRACTOR 's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE 7 - OTHER WORK " . . . . . 10 ' . . , 119 . . . . . " I ' ll 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 8 - OWNER ' S RESPONSIBILITIES , . M . I I I I . M P . . . . . . . A . . . . . . . P . . . . . . . . . . w . P P a . . , a * a - - A . . . . . . . . . . m - q . . . . . . . . . . . . . . . . . . . . . 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 , . . . . . . I I . I . . . . . . I I I I I . . I I P I I 1 2 7 8 . 07 Change Orders " , . , . . . . . . 11 . % . M . . . . * S . S . . . . P . . . g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 08 Inspections, Tests, and Approvals . . . . M . 1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m , p . . . . . P , 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 , . , MA . . . . . . . . . . M . . . . . . I I . M . I I I I . . . m . . . . . . . . . . . . . . . . . . . . . . 4 . . . . P . . . 6 . . . . . P . . . . . . . . . . . . . . . 28 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 05 Authorized Variations in Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 04 Notification to Surety , , . , . , . . . . . . . . . . . . . 1116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g , , mow & . . . . . pvpwk4 . . . . . . . . . . . . . . . . . . . g . . . . . . . . . . . . . . . . . . . . . 1 , 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 . . , 1 . 1 . . . . . . . . 1 . 11 . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 00700 - General Conditions REV 04-07 . doc 00700 - 3 F\Public Works\ENGINEER ING DIVISION PROJECTSV1047-? IRC Fairgrounds Overflow & Vehicular Staging Phase 3\_AdmimVbid documentsV00700 - General Conditions REV 04 -07 doe 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 02 Change of Contract Times . . . . . . . . . . 11 . 11 . . . . I . . . . . . . . . . . . . . . a . . . . & a 4 . . 4 . . . . . . . . . . . . . . . . . . . . . . a . . . . a a . . . . I . . . . . . . . . . . . . . . . 0 . . . . . . . . 35 12 . 03 Delays Beyond CONTRACTOR 's Control, , . . , , as . , . . . 11 as . & . . 4 . . . . . 00 , . . . . . . . . . . . . . . . . p a . . . . . . . . . a . . . . . . . . . & . 4 & . . . . . . . . . . . . . . . 35 12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 06 Delay Damages , . . . . I . . . . . . 1 . 11 . . . . . . . . . . . . . . . . . . . . . . sap . . . . 1 , 0 . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . d a . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK. , , , I " . . , spa . . . . . . 14 , . . . . & & . 1 . . . I . . . I ' ll . . . " I . . . . . 111 . 11 . m . . . . om & 6 . . . . . . . . . . a . . . . . . . . . . . . so & . . . . a a & . . . . . . . . . . . 35 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 04 Uncovering Work. , I I . . . . . & I ' ll a a 6 . . a I a P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & . . . . . . . . . ass . . . . . 36 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 1 3 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 08 Acceptance of Defective Work. I I . . . 1 . 11 , 11 , . . . 1 . 11 . . . . . . Pass , . . . . . . . . . . . spa & . . . . . . . . . . . . . . . . . . . . * * * . . . . a a a - a . . . . . . . . . . . . . . . 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 as, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . PP000064 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OPP06 , . . . . I . . a . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 01 Giving Notice - . , , , , , , , , , . . . . . I . . . . . . . . I ' ll . . . . . . . . . q000spoa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RIPPE . . . . . . . . . . . % 44 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 05 Controlling Law, . p . . . I I . . . . . . . . . . . a a a 6 d a a I k . . I . . I I I I I I . I I I . . . I . . . . . . . . . . . . . I . . . . . . . . . I . . . . . . . . . . . . . . . I a . . . . . . . a 4 , a a . . . w . . . . . . . . . . . . . . . . . . . . 44 00700 as General Conditions REV 04-07 . doc 00700 - 4 F .\Public Works\FNGINFEUNG DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\4.dmim\bid documents\00700 - General Conditions RFV 04-07. doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times , or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third party is not a A . Wherever used in the Contract Documents Claim . and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof, written agreement between the OWNER and CONTRACTOR concerning the Work . The Contract 1 . Addenda--Written or graphic instruments supersedes prior negotiations , representations , or issued prior to the opening of Bids which clarify , agreements , whether written or oral , correct, or change the Bidding Requirements or the Contract Documents . 12 . Contract Documents--The Contract Documents establish the rights and obligations of the 2 . Agreement--The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents) , CONTRACTOR' s CONTRACTOR covering the Work . Bid ( including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award ) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds , these CONTRACTOR during the course of the Work in General Conditions , the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement , together as is required by the Contract Documents . with all Written Amendments , Change Orders , Work Change Directives , Field Orders , and ENGINEER ' s 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement . Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files 5 . Bid--The offer or proposal of a bidder in electronic media format of text, data , graphics , and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents . 6 . Bidding Documents--The Bidding 13 . Contract Price--The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the ( including all Addenda issued prior to receipt of Bids ) . Work in accordance with the Contract Documents as stated in the Agreement ( subject to the provisions of 7 . Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work ) . Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any , and the Bid form 14 . Contract Times--The number of days or with any supplements , the dates stated in the Agreement to : ( i ) achieve Substantial Completion ; and ( ii ) complete the Work so 8 . Bonds-- Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security . ENGINEER ' s written recommendation of final pay- ment. 9 . Change Order--A document recommend - ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR--The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement. revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work--See paragraph 11 . 01 . A Effective Date of the Agreement. for definition . 00700 - General Conditions REV 04 -07 . doc 00700 - 5 I . Tublic Works\ENGINEERING DIVISION PROJECTSV1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2WdmimVbid documentsV00700 - General Conditions REV 04-07 doe 17 . Drawings--That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by ENGINEER tion of all the Work . which graphically shows the scope , extent, and character of the Work to be performed by 28 . Notice of Award--The written notice by CONTRACTOR . Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined . bidder with the conditions precedent listed therein , OWNER will sign and deliver the Agreement. 18 . Effective Date of the Agreement--The date indicated in the Agreement on which it becomes 29 . Notice to Proceed—A written notice given effective , but if no such date is indicated , it means the by OWNER to CONTRACTOR fixing the date on date on which the Agreement is signed and delivered which the Contract Times will commence to run and by the last of the two parties to sign and deliver. on which CONTRACTOR shall start to perform the Work under the Contract Documents , 19 . ENGINEER--The individual or entity named as such in the Agreement. 30 . OWNER--The individual , entity , public body, or authority with whom CONTRACTOR has 20 EN ILII=Cp 'c QnnSultant An ind id. 0 ^ r entered^ entered into the Agreement and for whom the Work is entity having a contract with ENGINEE yish to be performed . services as ENGINEER ' s in ent professional associate or consul respect to the Project and 31 . Partial Utilization-- Use by OWNER of a who is led as such in the Supplementary substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose ) 21 . Field Order--A written order issued by prior to Substantial Completion of all the Work . ENGINEER which requires minor changes in the 32 . PCBs-- Polychlorinated biphenyls . Work but which does not involve a change in the Contract Price or the Contract Times . 33 . Petroleum-- Petroleum , including crude oil or any fraction thereof which is liquid at standard 22 . General Requirements--Sections of conditions of temperature and pressure (60 degrees Division 1 of the Specifications . The General Fahrenheit and 14 . 7 pounds per square inch Requirements pertain to all sections of the Specifica- absolute) , such as oil , petroleum , fuel oil , oil sludge , oil tions . refuse , gasoline , kerosene , and oil mixed with other non - Hazardous Waste and crude oils . 23 . Hazardous Environmental Condition--The presence at the Site of Asbestos , PCBs , Petroleum , 34 . Project--The total construction of which Hazardous Waste , or Radioactive Material in such the Work to be performed under the Contract quantities or circumstances that may present a Documents may be the whole , or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents . thereto in connection with the Work . 35 , Project Manual--The bound documentary 24 . Hazardous Waste--The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section Work . A listing of the contents of the Project Manual , 1004 of the Solid Waste Disposal Act (42 USC which may be bound in one or more volumes , is Section 6903 ) as amended from time to time . contained in the table (s ) of contents . 25 . Laws and Regulations; Laws or Regulat- 36 . Radioactive Material--Source , special ions--Any and all applicable laws , rules , regulations , nuclear, or byproduct material as defined by the ordinances , codes , and orders of any and all govern - Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies , agencies , authorities , and courts seq . ) as amended from time to time . having jurisdiction . 37 . Resident Project Representative--The 26 . Liens--Charges , security interests , or authorized representative of ENGINEER who may be encumbrances upon Project funds , real property , or assigned to the Site or any part thereof. personal property . 38 . Samples-- Physical examples of 27 . Milestone--A principal event specified in materials , equipment , or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 00700 - General Conditions REV 04-07. doc 00700 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Admim\bid documents\00700 - General Conditions REV 04-07 . doc establish the standards by which such portion of the Work will be judged . 47 . Unit Price Work--Work to be paid for on 39 . Shop Drawings--All drawings , diagrams , the 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 ENGk 00700 - General Conditions REV 04-07 . doc 00700 - 7 F ' \Public WorksIENGINEERING DIVISION PROJECTS11047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V,dmimlbid documents100700 - 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 no, 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 . The word "furnish, " when used :n indicated in the Notice to Proceed . A Notice to Pro- sennestien-- with sE.'hses , materials , er ceed may be given at any time within 30 days after the equipment, 16h@ll mealn to supply and delive Effective Date of the Agreement. In no event will the saia ser.° s,;, ate als , or e^ ' ^ mom^ + to the Contract Times commence to run later than the Site ( or some other speGified IOG@t P on ) Feady for sixtieth day after the day of Bid opening or the thirtieth use E) F mnstallat' GR and in usable or Gperable day after the Effective Date of the Agreement, senditiGR . whichever date is earlier. 2 . The we, install , " when used OR 2 . 04 Starting the Work Gennestien witty services, materials, ieguiPment, shall r% +^ put inte use Gr A. CONTRACTOR shall start to perform the in final—pesitien said serviees , rnateriz, Work on the date when the Contract Times com - equipment Gom;lete and ready f� - .oir inteRded mence to run . No Work shall be done at the Site prior use. to the date on which the Contract Times commence to run . 3. The words 91 E) F= 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 C . EvideRGe Of �nSUFanGe.o Before an, 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 insurance ich either of them or any ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , additional insur may reasonably request) which AMENDING , REUSE CONTRA and OWNER respectively are nil 4z 1 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 mwmmmmpcalled for by all , to run , but before any Work at the Site i arted , a conference attended by CONTRACT , ENGINEER , B . It is the intent of the Contract Documents to and others as appropriate wil held to establish a describe a functionally complete Project (or part there - ong the parties as to the. of) to be constructed in accordance with the Contract Work and to disc e 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 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase ZAdmi in\bid documents\00700 - General Conditions REV 04-07 . doc shall not be liable to OWNER or ENGINEER for C . Clarifications and interpretations of the failure to report any such conflict, error, Contract Documents shall be issued by ENGINEER ambiguity , or discrepancy unless CON - as provided in Article 9 . TRACTOR knew or reasonably should have known thereof. 3 . 02 Reference Standards 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 ' s provide for additions , deletions , and revisions in the Consultants , agents , or employees any duty or Work or to modify the terms and conditions thereof in authority to supervise or direct the performance one or more of the following ways : ( i ) a Written of the Work or any duty or authority to Amendment ; ( ii ) a Change Order; or ( iii ) a Work undertake responsibility inconsistent with the Change Directive . provisions of the Contract Documents , B . The requirements of the Contract Documents 3 . 03 Reporting and Resolving Discrepancies may be supplemented , and minor variations and deviations in the Work may be authorized , by one or A. Reporting Discrepancies more of the following ways : ( i ) a Field Order; ( ii ) ENGINEER ' s approval of a Shop Drawing or Sample ; 1 . If, during the performance of the or ( iii ) ENGINEER ' s 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 . don 00700 - 10 F. \Public Works\ENGINEERING DIVISION PROJECTSYI 047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmir bid documents\00700 - General Conditions REV 04-07 . doc other project without written consent of OWNER and subsurface structures at or contiguous to the ENGINEER and specific written verification or Site (except Underground Facilities ) that ENGI - adaption by ENGINEER . This prohibition will survive NEER has used in preparing the Contract final payment , completion , and acceptance of the Documents . Work , or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from B . Limited Reliance by CONTRACTOR on retaining copies of the Contract Documents for record Technical Data Authorized: CONTRACTOR may rely purposes , upon the general accuracy of the " technical data " contained in such reports and drawings , but such reports and drawings are not Contract Documents . ARTICLE 4 - AVAILABILITY OF LANDS ; Such " technical data " is identified in the Supplementa- SUBSURFACE AND PHYSICAL CONDITIONS , ry Conditions . Except for such reliance on such REFERENCE POINTS " technical data , " CONTRACTOR may not rely upon or make any Claim against OWNER , ENGINEER , or any 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 , opinions , or information . B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement 4 . 03 Differing Subsurface or Physical Conditions of record legal title and legal description of the lands upon which the Work is to be performed and A . Notice: If CONTRACTOR believes that any OWNER ' s interest therein as necessary for giving subsurface or physical condition at or contiguous to notice of or filing a mechanic's or construction lien the Site that is uncovered or revealed either: against such lands in accordance with applicable Laws and Regulations . 1 . is of such a nature as to establish that any " technical data" on which CONTRAC- C . CONTRACTOR shall provide for all additional TOR is entitled to rely as provided in paragraph lands and access thereto that may be required for 4 . 02 is materially inaccurate ; or temporary construction facilities or storage of materials and equipment. 2 , is of such a nature as to require a change in the Contract Documents ; or 4 . 02 Subsurface and Physical Conditions 3 , differs materially from that shown or A . Reports and Drawings: The Supplementary indicated in the Contract Documents , or Conditions identify : 4 . is of an unusual nature , and differs 1 , those reports of explorations and materially from conditions ordinarily tests of subsurface conditions at or contiguous encountered and generally recognized as inher- to the Site that ENGINEER has used in ent in work of the character provided for in the preparing the Contract Documents , and Contract Documents , 2 . those drawings of physical then CONTRACTOR shall , promptly after becoming conditions in or relating to existing surface or aware thereof and before further disturbing the 00700 - General Conditions REV 04-07 . doc 00700 - 11 F:\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\00700 - General Conditions REV 04-07 . doc subsurface or physical conditions or performing any c. CONTRACTOR failed to give the Work in connection therewith ( except in an emergency written notice within the time and as ye- as required by paragraph 6 . 16 . A) , notify OWNER and quired by paragraph 4 . 03 . A. ENGINEER in writing about such condition . CONTRACTOR shall not further disturb such 3 . If OWNER and CONTRACTOR are condition or perform any Work in connection therewith unable to agree on entitlement to or on the (except as aforesaid ) until receipt of written order to do amount or extent, if any, of any adjustment in so . the Contract Price or Contract Times , or both , a Claim may be made therefor as provided in B . ENGINEER 's Review: After receipt of written paragraph 10 . 05 . However, OWNER , notice as required by paragraph 4 . 03 . A, ENGINEER ENGINEER , and ENGINEER ' s Consultants will promptly review the pertinent condition , determine shall not be liable to CONTRACTOR for any the necessity of OWNER 's obtaining additional claims , costs , losses , or damages ( including exploration or tests with respect thereto , and advise but not limited to all fees and charges of OWNER in writing (with a copy to CONTRACTOR ) of engineers , architects , attorneys , and other ENGINEER ' s findings and conclusions . professionals and all court or arbitration or other dispute resolution costs ) sustained by C . Possible Price and Times Adjustments CONTRACTOR on or in connection with any other project or anticipated project. 1 . The Contract Price or the Contract Times , or both , will be equitably adjusted to the 4 . 04 Underground Facilities extent that the existence of such differing subsurface or physical condition causes an in - A. Shown or Indicated: The information and data crease or decrease in CONTRACTOR ' s cost shown or indicated in the Contract Documents with of, or time required for, performance of the respect to existing Underground Facilities at or Work ; subject, however, to the following : contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the a . such condition must meet any one or owners of such Underground Facilities , including more of the categories described in para- OWNER , or by others . Unless it is otherwise graph 4 . 03 . A; and expressly provided in the Supplementary Conditions : b . with respect to Work that is paid for 1 . OWNER and ENGINEER shall not on a Unit Price Basis , any adjustment in be responsible for the accuracy or com - Contract Price will be subject to the pleteness of any such information or data ; and provisions of paragraphs 9 . 08 and 11 . 03 . 2 . the cost of all of the following will be 2 . CONTRACTOR shall not be entitled included in the Contract Price , and CONTRAC- to any adjustment in the Contract Price or TOR shall have full responsibility for: Contract Times if: a . reviewing and checking all such a . CONTRACTOR knew of the information and data , existence of such conditions at the time CONTRACTOR made a final commitment b , locating all Underground Facilities to OWNER in respect of Contract Price and shown or indicated in the Contract Contract Times by the submission of a Bid Documents , or becoming bound under a negotiated contract, or c . coordination of the Work with the owners of such Underground Facilities , b . the existence of such condition could including OWNER , during construction , and reasonably have been discovered or revealed as a result of any examination , d . the safety and protection of all such investigation , exploration , test, or study of Underground Facilities and repairing any the Site and contiguous areas required by damage thereto resulting from the Work . the Bidding Requirements or Contract Documents to be conducted by or for CON - B . Not Shown or Indicated TRACTOR prior to CONTRACTOR 's making such final commitment; or 1 . If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions REV 04-07 . doc 00700 - ] 2 F Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07 . doc Site which was not shown or indicated , or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel . the Contract Documents , CONTRACTOR shall , promptly after becoming aware thereof and 4 . 06 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A . Reports and Drawings: Reference is made to 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 - General Conditions REV 04-07 . doc 00700 - 13 F Tublic Works\ENGINEER ING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07 . doc connection with such condition and in any area by CONTRACTOR or by anyone for whom affected thereby ( except in an emergency as required CONTRACTOR is responsible . Nothing in this para- by paragraph 6 . 16 ) ; and ( iii ) notify OWNER and ENGI - graph 4 . 06 . E shall obligate OWNER to indemnify any NEER ( and promptly thereafter confirm such notice in individual or entity from and against the consequences writing ) . OWNER shall promptly consult with of that individual ' s or entity 's own negligence . ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or H . To the fullest extent permitted by Laws and take corrective action , if any. Regulations , CONTRACTOR shall indemnify and hold harmless OWNER , ENGINEER , ENGINEER ' s E . CONTRACTOR shall not be required to Consultants , and the officers , directors , partners , resume Work in connection with such condition or in employees , agents , other consultants , and any affected area until after OWNER has obtained 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 party may make a Claim gence . therefor as provided in paragraph 10 . 05 . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and F . If after receipt of such written notice 4 . 04 are not intended to apply to a Hazardous CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the based on a reasonable belief it is unsafe , or does not Site . agree to resume such Work under such special condi- tions , then OWNER may order the portion of the Work that is in the area affected by such condition to be ARTICLE 5 - BONDS AND INSURANCE deleted from the Work . If OWNER and CON - TRACTOR cannot agree as to entitlement to or on the amount or extent, if any , of an adjustment in Contract 5 . 01 Performance, Payment, and Other Bonds Price or Contract Times as a result of deleting such portion of the Work , then either parry may make a A. CONTRACTOR shall furnish Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amountat le equal OWNER may have such deleted portion of the Work to the ContFaGt PF 9 Ge as seGurity for th &, performed by OWNER ' s own forces or others in M2RGe and payment of all 0w6. NTR ,A,(QTQ. R!s accordance with Article 7 . G . To the fullest extent permitted by Laws and after the �fl Regulations , OWNER shall indemnify and hold 18)(Gept-a" Fwopl . . Othe se by Laws Gr RegUlat'GRS harmless CONTRACTOR , Subcontractors , ENGI - NEER , ENGINEER ' s Consultants and the officers , R ; sh SUGh etheF Bonds as are required by the directors , partners , employees , agents , other consultants , and subcontractors of each and any of them from and against all claims , costs , losses , and B . All Bonds shall be in the form prescribed by damages ( including but not limited to all fees and the Contract Documents except as provided otherwise charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed by professionals and all court or arbitration or other such sureties as are named in the current list of " Com - dispute resolution costs ) arising out of or relating to a panies Holding Certificates of Authority as Acceptable Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable such Hazardous Environmental Condition : ( i ) was not Reinsuring Companies" as published in Circular 570 shown or indicated in the Drawings or Specifications ( amended ) by the Financial Management Service , or identified in the Contract Documents to be included Surety Bond Branch , U . S . Department of the within the scope of the Work , and ( ii ) was not created Treasury . All Bonds signed by an agent must be 00700 - General Conditions REV 04-07 . doc 00700 - 14 F. \Public Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid 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 . 01 . B1 any person other than CONTRACTOR ' s CONTRACTOR shall within 20 days thereafter employees ; substitute another Bond and surety , both of which shall comply with the requirements of paragraphs 4 , claims for damages insured by 5 . 01 . 13 and 5 . 02 . reasonably available personal injury liability coverage which are sustained : ( i ) by any person 5 . 02 Licensed Sureties and Insurers as a result of an offense directly or indirectly related to the employment of such person by A . All Bonds and insurance required by the CONTRACTOR , or ( ii ) by any other person for Contract Documents to be purchased and maintained any other reason , by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 5 , claims for damages , other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located to issue Bonds or insurance policies for the of tangible property wherever located , including limits and coverages so required . Such surety and loss of use resulting therefrom ; and insurance companies shall also meet such additional requirements and qualifications as may be provided in 6 , claims for damages because of the Supplementary Conditions . bodily injury or death of any person or property damage arising out of the ownership , mainte- 5 . 03 Certificates of Insurance nance or use of any motor vehicle . A. CONTRACTOR shall deliver to OWNER , with B . The policies of insurance so required by this copies to each additional insured identified in the paragraph 5 . 04 to be purchased and maintained shall : Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWN - 1 . with respect to insurance required by ER or any other additional insured ) which CON - paragraphs 5 . 04 . A . 3 through 5 . 04 . A. 6 inclusive , TRACTOR is required to purchase and maintain . include as additional insureds ( subject to any CONTRACTOROWNER shall deliver to with eepies customary exclusion in respect of professional to L= ;; rh additional nsured identified On the Supple liability ) OWNER , ENGINEER , ENGINEER 's Consultants , and any other individuals or other evidenre of insuranGe requested by CONTRAG entities identified in the Supplementary Condi- TOR OF any Athpr additional insured ) whinh 01AINIFR 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 . \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2V\dmim\bid documents\00700 - General Conditions REV 04-07 . doc 4 . include contractual liability insurance FNCINE€ R ' s Consultants , afad --a-RY-- -e#-ier covering CONTRACTOR ' s indemnity individuals or entities identified in t#e obligations under paragraphs 6 . 07 , 6 . 11 , and and the--uff�, 6 . 20 ; , emplG,ees , agents,- -end s Gl each 5 . contain a provision or endorsement dee : tv that the coverage afforded will not be canceled , have an insuFable interest And shall be lasted as materially changed or renewal refused until at RR additional " RSUred ; least thirty days prior written notice has been given to OWNER and CONTRACTOR and to 2 be written on a R i tier' s Risk ] LricLE71 each other additional insured identified in the or open peril or speGial G SeS Of 10SS PONGY Supplementary Conditions to whom a certificate feFm that shall at (Past include in i , r nnn f Ar of insurance has been issued ( and the certificates of insurance furnished by the COW TRACTOR pursuant to paragraph 5 . 03 will so 3imtznt On tmni; at , and shall iRsuFe against at provide) , laoc+ the fiellewing PeF61S o n;; @ lcoc of loss : F iigh +Ring extended- 6 . xtended6 . 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 S , nh n+heF petets or _ ' _ _ s _ r paragraph 13 . 07 ; and less as may be SpeGifiGally Fequired by the Supplementary 7 , with respect to completed operations ' insurance , and any insurance coverage written 3 include expenses—;nn , i r ri in he on a claims-made basis , remain in effect for at repair or repla- G- ernent of ;any nsuFed pr 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 , stared at the Site er at aROt eation that ylrq:� evidence satisfactory to OWNER and any such agreed to in INFR prieF to being additional insured of continuation of such insurance at final payment and one year I; and equipment have been ind , ided iR thereafter) . 5 . 05 OWNER 's Liability Insurance y OWNER; provided by CONTRACTOR under par p 5 . 04 , OWNER , at OWNER ' s option y purchase and 61 RG' ude testing and startup ; and maintain at OWNER ' s se OWNER ' s own liability insurance as protect OWNER against claims nh m. . . fFem operations under the ContFaG rnpnt mi.; made unless etherwise agFeed to in writing by OWNER , CONTRACTOR , ENGINEER with 30 days Written nGtiGe to R ;; rnh 5 . 06 Property Insurance i c „ ranno h ;; � boon ' Iz; slipd A. Unless otherwise provided in the Supple mentary Conditions , OWNER shall purGhase and 1 9WN€ R shall pum. h .;; se d ♦ h f the fall' r Ithereof In the ametlnt G cp , avcomen +Tc�voc+� Tcnsilmnise as may be required by the SuppleMeRtaFy +iblo mn , n +c c M . j ho sub}est to slIGh dedusz, or� a , , , oa „ �� a��,,,�,.—,� 1- a)-vs and. Regulations WhiGh will ; RGILI +ho interests ef--AWN€ R , C9NTR4%lQTQ by Laws and Regulations ) . This illsuran % shall : SubGGntraetGrs , ENGINEER , € NGINE €it ' s Consul tants , and any ether individuals n en +'+' s kie tif� d • n 7 1 . Include the , ncorescs �., „-�, , CONTRACTOR , SIjbGGntr@@Oto s, ENGINEER , 00700 - General Conditions REV 04-07 . doc 00700 - 16 F \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2\Admim\bid documentsM0700 - General Conditions REV 04-07 . doc cxc.dem deemed to hre an � ns rahle nterest and ll .-.& hah ed as_an_ insured nr -� dditiona inc�iT� agents and other nncr It-+ n + ni-1 ennh ARd PRY of them fol: ;all leSses and damages C . All the pelieies of insurance ( and the Ger}i� Gaused by , arising out of er resulting from any of the Gates or other eiithereof)e thereof) rens ' red to he p O��NIGontain a provision er endeFsement that the and , W n addatiGR , wadve all suGh Fights aga ' RS GoveFage afforded wall net be r.,anceled or materially S ' rh^entraetors , ENGINEER , € NOIN €€'s changed er renewal Fefused unto , @t least 30 days prior Consultants , and all ether individuals:entitrtics WriHen nntine has been n ' �,, L, �e- isted Tto ti -l to as ORSureds or additleRal insureds ( and the OffiGeFS , direoters , partners , empleyees , agents , and ether consultant , hGontraGt() FS of each and any of 5 . 07-. them ) URdeF SUGh p0liGieS for le. s.se. q. ;and damages so eaused . Nene of the above. lMAM4.; kWifeFsq shall-extend to D . OWNER shall not be responsible for purchasthe rights that any party making SUGh waiver may h - ing and maintaining any property insurance specified to the preseedS of insuraRGe held by OWNER as in this paragraph 5 . 06 to protect the interests of trustee er otherwise payable under any 1, ,�licy CONTRACTOR , Subcontractors , or others in the issued Work to the extent of any deductible amounts that are identified in the Supplementary Conditions . The risk R . OWNER waives all rights against of loss within such identified deductible amount will be Q. QNTIRrASTO � �� SubsentrastOPS , €� 1.oINEER � borne by CONTRACTOR , Subcontractors , or others ENGINEER ' S CAns , iltan+s and the nffir air suffering any such loss , and if any of them wishes partners , empleyee6, agents , and et rer�nsul#ants property insurance coverage within the limits of such amounts , each may purchase and maintain it at the purchaser' s own expense . 1 . less due tebuSfness inteFruptien, loss of use, OF other ransom ien+ial In s extend M n ,, a �, € writing CONTRACTOR eguests in ri+inn that beyond direst phySisal less of damage to tinter speGiaibe inr uderl in the nrnnerfi OWN € R ' s preperty— or the 1Afedi n-+ rr r} hti liGheS pFE)vhded URder paragraph 5 . 06 , arising out of, fore er other peril OWNER shall , if Possible, inGlrcrde sSUGh insurance whether er not insure`) by (1\ A / NERC and TOR by appropriate Change Order er Written `2 , less or damage to the nom feted PFe 7—apprvPrrac�Change �1;; ..y . , „ p.� .i. ..�� arising Gut ef, or the Sate (l1 NFR shall in uiriting advise GQNTRA%G - resulting from or ether ' insured n ' I n cause of loss severed by any pFepe0F er part thereof by OWNER during partial 5 . 07 Waiver of Rights Substantial CompletiOR PUFSHaRt to paragraph A. OWNER aand C. O. NTRACTOR intend that all 14.041 er after final payment pursuant to PGI ; Gies PUFGhased in @GG9rdaRGe with paragraph 5 . 06 paragraph-14_A W p:eteGt 9WN € RI NITRLt ( T , W 21 lhrnntranntors , ENGINEER €NGINEER ' sConsul C . Any insurance- Pelir„ maintained by n\ nlnlc � tants and all other indicridr is is Ar entities 0dent'f0ed On oeYeringgaany ! Gss damage er eonsern ental Inc referred to in 5 . 07 .E shall tgin or addotmenal insureds ( and the n. ffir.,ers , &eGtors , 1 11 ) ns to the effeGt that in the eVeRt of ent G partners employees agents and other consultants anySdGh--less , damage , or�ronsengrre,n }iz . less , the. 1'RSUreFs M ! have RE) Fights of rernvenr against PC) ! iG ' es and will provide ^�Ii� rage for all C (DNTR,hCTOR , SubsentraGtGrs, ENGINEER , er losses and damages r Gauged her th-'c, le peris or causes of ENGINEER ' s Gensr (tants and the a--v n , partners , employees ,agentS , and other con lltarrt� any less or damage the insurers will have no rights of re GC)Very against any of the insureds or additional Insurzds thereu er. waii.veallrrrights against eanh other and. Tel—r 00700 - General Conditions REV 04-07. doc 00700 - 17 F '. \Public Works\ENGINEERING DIVISION PROJECTS\ 1041 -2 1RC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 5 . 08 Receipt and Application of Insurance and a ChangeOrdershall b ��djust-the Proceedsaccordingly . — A. Any insured less under the pe ' iG;es-ef 5 . 10 Partial Utilization, Acknowledgment of uired by paragraph 5 . 06 will be adjusted Property Insurer w OWNER and made paya . . . R as - insureds , as their Mterestsm ny A. If OWNER finds it necessary to occupy or use appeaF, subject to the requirements Of @any appliGable a portion or portions of the Work prior to Substantial age Glause and of paragra . . . 5 , 08 , 13 . OW Completion of all the Work as provided in paragraph shall deposit in a separate account any—money--so 14 . 05 , no such use or occupancy shall commence Feceived and shall distribute it in accordance with SUGh before the insurers providing the property insurance agreement as the parties in interest may reach . I#--no pursuant to paragraph 5 . 06 have acknowledged notice other specialagreementreached , the aareaged thereof and in writing effected any changes in cover- Work shall he repaired or replaced the mope„� � „ age necessitated thereby. The insurers providing the received applied on account thereof, and the WGF property insurance shall consent by endorsement on and the cost thereof GOVered by an appropriate the policy or policies , but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. B . ()WNlF.= R .;; .q fid1.1G;aFY shall have power to adjust 2nr7 settle anv less with the insurer��URriecSS one of the parties in inte. 're.st shall () bjeGt ' R writing withiR 15 ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES days-aftert-she esGUrrensee-of -losst- OWNER ' S e eG; se- of this power. if such eh 'eGtiGR bemade- �r l� Aq. fidUGiary shall ry;akcsettlement with the 6 . 01 Supervision and Superintendence ins -ers ' n aGGerdanoe with such agreement as she partr�sinn interest may reach , If n s „ r• h agreement A. CONTRACTOR shall supervise , inspect, and among the parties in int6restTsreanherf OWNER as direct the Work competently and efficiently , devoting fidsarshall ac ust-and settles the lasswit- .,,th-the such attention thereto and applying such skills and sr cors and if required in , siting by any part„ in expertise as may be necessary to perform the Work in iInterest, accordance with the Contract Documents . CON - TRACTOR shall be solely responsible for the means , methods , techniques , sequences , and procedures of 5 . 09 Acceptance of Bonds and Insurance; Option construction , but CONTRACTOR shall not be to Replace responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means , method , technique , sequence , or procedure of objeGt' Gn to the coverage ed- by or otherrevi construction which is shown or indicated in and s' enso_ _of __ the Bonds er mn $ l le � ren r!fireto he expressly required by the Contract Documents . COW PUFGhased and rnaaintaaineakd by the other party on aGGOF TRACTOR shall be responsible to see that the daRGe -with AlFtide 5 on the basis of non GonfermanGe completed Work complies accurately with the Contract with the GGRtFaGt DOGUments , the objecting party shall Documents . so notify the other party in 1 0 . - 14 1 W-days after reseiptt of -the -GertifGates ( or other evidence B . At all times during the progress of the Work , requested ) req €-R CONTRACTOR shall assign a competent resident and QQNTRAGT4)R—srI4aIl eaGh provide tn. the other superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER providedasthe oto; may reasonably request, if except under extraordinary circumstances . The other party Ages not pi FGhase er maintTt ;_allofthe superintendent will be CONTRACTOR ' s BGnds and insuraRGe required Of SUGh party by the representative at the Site and shall have authority to CGntrogt rlorr „ m snnh party shall notify the other act on behalf of CONTRACTOR . All communications Party in WFitiRg Of SUGh failure to PUFGhase prior to the given to or received from the superintendent shall be binding on CONTRACTOR . any change is the required Goverage . WiithGat nreii dine to any Other right or remedy , the ether gar+„ 6 . 02 Labor, Working Hours asuralase to prOteGt si Gh other party' s interests at the expense of A. CONTRACTOR shall provide competent, the party who was required to e suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu - 00700 - General Conditions REV 04-07 . doc 00700 - 18 F . \Public Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdrr bid documents\00700 - General Conditions REV 04-07 . doc ments . CONTRACTOR shall at all times maintain ly will comply with any provisions of the General good discipline and order at the Site . Requirements applicable thereto . B . Except as otherwise required for the safety or 2 . Proposed adjustments in the protection of persons or the Work or property at the progress schedule that will change the Contract Site or adjacent thereto , and except as otherwise Times ( or Milestones ) shall be submitted in stated in the Contract Documents , all Work at the Site accordance with the requirements of Article 12 . shall be performed during regular working hours , and Such adjustments may only be made by a CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- performance of Work on Saturday , Sunday , or any dance with Article 12 . legal holiday without OWNER ' s written consent (which will not be unreasonably withheld ) given after prior 6 . 05 Substitutes and "Or- Equals " written notice to ENGINEER . A . Whenever an item of material or equipment is specified or described in the Contract Documents by 6 . 03 Services, Materials, and Equipment using the name of a proprietary item or the name of a particular Supplier, the specification or description is A . Unless otherwise specified in the General Re- intended to establish the type , function , appearance , quirements , CONTRACTOR shall provide and and quality required . Unless the specification or assume full responsibility for all services , materials , description contains or is followed by words reading equipment, labor, transportation , construction that no like , 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 Specifics- 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 . \Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04 -07 . doc 2 . Substitute Items directly or indirectly from use of such substitute item , including costs of redesign a . If in ENGINEER ' s sole discretion an and claims of other contractors affected by item of material or equipment proposed by any resulting change , all of which will be CONTRACTOR does not qualify as an considered by ENGINEER in evaluating the " or-equal " item under paragraph 6 . 05 . A . 1 , it proposed substitute item . ENGINEER may will be considered a proposed substitute require CONTRACTOR to furnish additional item . data about the proposed substitute item . b . CONTRACTOR shall submit suffi- B . Substitute Construction Methods or Proce- cient information as provided below to allow dures: If a specific means , method , technique , se- ENGINEER to determine that the item of quence , or procedure of construction is shown or material or equipment proposed is indicated in and expressly required by the Contract essentially equivalent to that named and an Documents , CONTRACTOR may furnish or utilize a acceptable substitute therefor. Requests for substitute means , method , technique , sequence , or review of proposed substitute items of procedure of construction approved by ENGINEER , material or equipment will not be accepted CONTRACTOR shall submit sufficient information to by ENGINEER from anyone other than allow ENGINEER , in ENGINEER ' s sole discretion , to CONTRACTOR , determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents . c . The procedure for review by ENGI - The procedure for review by ENGINEER will be similar NEER will be as set forth in paragraph to that provided in subparagraph 6 . 05 . A . 2 . 6 . 05 . A . 2 . d , as supplemented in the General Requirements and as ENGINEER may C . Engineer's Evaluation: ENGINEER will be decide is appropriate under the allowed a reasonable time within which to evaluate circumstances . each proposal or submittal made pursuant to para- graphs 6 . 05 . A and 6 . 05 . 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07. doc 6 . 06 Concerning Subcontractors, Suppliers, tractors , Suppliers , and other individuals or entities and Others performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR . A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity E . CONTRACTOR shall require all Subcontrac- ( including those acceptable to OWNER as indicated in tors , Suppliers , and such other individuals or entities paragraph 6 . 06 . 13 ) , whether initially or as a performing or furnishing any of the Work to commu - replacement, against whom OWNER may have nicate with ENGINEER through CONTRACTOR , reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or F . The divisions and sections of the Specifica - other individual or entity to furnish or perform any of tions and the identifications of any Drawings shall not the Work against whom CONTRACTOR has reason - control CONTRACTOR in dividing the Work among able objection . Subcontractors or Suppliers or delineating the Work to be performed by any specific trade . B . If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , or other G . All Work performed for CONTRACTOR by a individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an advance for acceptance by OWNER by a specified appropriate agreement between CONTRACTOR and date prior to the Effective Date of the Agreement, and the Subcontractor or Supplier which specifically binds if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier to the applicable terms accordance with the Supplementary Conditions , and conditions of the Contract Documents for the OWNER ' s acceptance ( either in writing or by failing to benefit of OWNER and ENGINEER . Whenever any make written objection thereto by the date indicated such agreement is with a Subcontractor or Supplier for acceptance or objection in the Bidding Documents who is listed as an additional insured on the property or the Contract Documents ) of any such Subcon - insurance provided in paragraph 5 . 06 , the agreement tractor, Supplier, or other individual or entity so between the CONTRACTOR and the Subcontractor identified may be revoked on the basis of reasonable or Supplier will contain provisions whereby the objection after due investigation . CONTRACTOR Subcontractor or Supplier waives all rights against shall submit an acceptable replacement for the OWNER , CONTRACTOR , ENGINEER , ENGINEER ' s rejected Subcontractor, Supplier, or other individual or Consultants , and all other individuals or entities entity , and the Contract Price will be adjusted by the identified in the Supplementary Conditions to be listed difference in the cost occasioned by such as insureds or additional insureds ( and the officers , replacement, and an appropriate Change Order will be directors , partners , employees , agents , and other issued or Written Amendment signed . No acceptance consultants and subcontractors of each and any of by OWNER of any such Subcontractor, Supplier, or them ) for all losses and damages caused by , arising other individual or entity, whether initially or as a out of, relating to , or resulting from any of the perils or replacement, shall constitute a waiver of any right of causes of loss covered by such policies and any other OWNER or ENGINEER to reject defective Work , property insurance applicable to the Work . If the insurers on any such policies require separate waiver C . CONTRACTOR shall be fully responsible to forms to be signed by any Subcontractor or Supplier, OWNER and ENGINEER for all acts and omissions of CONTRACTOR will obtain the same . the Subcontractors , Suppliers , and other individuals or entities performing or furnishing any of the Work just 6 . 07 Patent Fees and Royalties as CONTRACTOR is responsible for CONTRACTOR ' s own acts and omissions . Nothing in A . CONTRACTOR shall pay all license fees and the Contract Documents shall create for the benefit of royalties and assume all costs incident to the use in any such Subcontractor, Supplier, or other individual the performance of the Work or the incorporation in or entity any contractual relationship between OWNER the Work of any invention , design , process , product, or ENGINEER and any such Subcontractor, Supplier or device which is the subject of patent rights or or other individual or entity , nor shall it create any copyrights held by others . If a particular invention , obligation on the part of OWNER or ENGINEER to design , process , product, or device is specified in the pay or to see to the payment of any moneys due any Contract Documents for use in the performance of the such Subcontractor, Supplier , or other individual or Work and if to the actual knowledge of OWNER or entity except as may otherwise be required by Laws ENGINEER its use is subject to patent rights or and Regulations . copyrights calling for the payment of any license fee or royalty to others , the existence of such rights shall be D . CONTRACTOR shall be solely responsible disclosed by OWNER in the Contract Documents . To for scheduling and coordinating the Work of Subcon - the fullest extent permitted by Laws and Regulations , 00700 - General Conditions REV 04-07. doc 00700 - 21 F: \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07. doc CONTRACTOR shall indemnify and hold harmless of the Agreement if there were no Bids ) having an OWNER , ENGINEER , ENGINEER ' s Consultants , and effect on the cost or time of performance of the Work the officers , directors , partners , employees or agents , may be the subject of an adjustment in Contract Price and other consultants of each and any of them from or Contract Times . If OWNER and CONTRACTOR and against all claims , costs , losses , and damages are unable to agree on entitlement to or on the ( including but not limited to all fees and charges of amount or extent , if any , of any such adjustment , a engineers , architects , attorneys , and other Claim may be made therefor as provided in paragraph professionals and all court or arbitration or other 10 . 05 , dispute resolution costs ) arising out of or relating to any infringement of patent rights or copyrights incident 6 . 10 Taxes to the use in the performance of the Work or resulting from the incorporation in the Work of any invention , A. CONTRACTOR shall pay all sales , consum - design , process , product , or device not specified in the er, use , and other similar taxes required to be Contract Documents . paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the 6 . 08 Permits Project which are applicable during the performance of the Work . A. Unless otherwise provided in the Supple- mentary Conditions , CONTRACTOR shall obtain and B . OWNER qualifies for state and local sales tax pay for all construction permits and licenses . OWNER exemption in the purchase of all material and shall assist CONTRACTOR , when necessary , in equipment. obtaining such permits and licenses . CONTRACTOR shall pay all governmental charges and inspection 6 . 11 Use of Site and Other Areas fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids , or, if A. Limitation on Use of Site and Other Areas there are no Bids , on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of 1 . CONTRACTOR shall confine utility owners for connections to the Work , and construction equipment, the storage of OWNER shall pay all charges of such utility owners materials and equipment , and the operations of for capital costs related thereto , such as plant workers to the Site and other areas permitted investment fees . by Laws and Regulations , and shall not unreasonably encumber the Site and other 6 . 09 Laws and Regulations areas with construction equipment or other materials or equipment. CONTRACTOR shall A. CONTRACTOR shall give all notices and assume full responsibility for any damage to comply with all Laws and Regulations applicable to the any such land or area , or to the owner or performance of the Work . Except where otherwise occupant thereof, or of any adjacent land or expressly required by applicable Laws and areas resulting from the performance of the Regulations , neither OWNER nor ENGINEER shall be Work . responsible for monitoring CONTRACTOR ' s compli- ance with any Laws or Regulations . 2 . Should any claim be made by any such owner or occupant because of the B . If CONTRACTOR performs any Work know- performance of the Work , CONTRACTOR shall ing or having reason to know that it is contrary to Laws promptly settle with such other party by or Regulations , CONTRACTOR shall bear all claims , negotiation or otherwise resolve the claim by costs , losses , and damages ( including but not limited arbitration or other dispute resolution to all fees and charges of engineers , architects , proceeding or at law, attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out 3 . To the fullest extent permitted by of or relating to such Work ; however , it shall not be Laws and Regulations , CONTRACTOR shall CONTRACTOR ' s primary responsibility to make indemnify and hold harmless OWNER , certain that the Specifications and Drawings are in ENGINEER , ENGINEER ' s Consultant, and the accordance with Laws and Regulations , but this shall officers , directors , partners , employees , agents , not relieve CONTRACTOR of CONTRACTOR ' s 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 \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07 _ doc arbitration or other dispute resolution costs ) 1 . all persons on the Site or who may arising out of or relating to any claim or action , be affected by the Work , legal or equitable , brought by any such owner or occupant against OWNER , ENGINEER , or 2 , all the Work and materials and equip- any other party indemnified hereunder to the ment to be incorporated therein , whether in extent caused by or based upon storage on or off the Site ; and CONTRACTOR' s performance of the Work . 3 . other property at the Site or adjacent B . Removal of Debris During Performance of the thereto , including trees , shrubs , lawns , walks , Work. During the progress of the Work CONTRAC - pavements , roadways , structures , utilities , and TOR shall keep the Site and other areas free from Underground Facilities not designated for accumulations of waste materials , rubbish , and other removal , relocation , or replacement in the debris . Removal and disposal of such waste materi - course of construction . als , rubbish , and other debris shall conform to applica- ble Laws and Regulations . B . CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of C . Cleaning. Prior to Substantial Completion of persons or property , or to the protection of persons or the Work CONTRACTOR shall clean the Site and property from damage , injury , or loss ; and shall erect make it ready for utilization by OWNER . At the com - and maintain all necessary safeguards for such safety pletion of the Work CONTRACTOR shall remove from and protection . CONTRACTOR shall notify owners of the Site all tools , appliances , construction equipment adjacent property and of Underground Facilities and and machinery , and surplus materials and shall other utility owners when prosecution of the Work may restore to original condition all property not designated affect them , and shall cooperate with them in the for alteration by the Contract Documents . protection , removal , relocation , and replacement of their property. All damage , injury, or loss to any D . Loading Structures: CONTRACTOR shall not property referred to in paragraph 6 . 13 . A. 2 or 6 . 13 . A . 3 load nor permit any part of any structure to be loaded caused , directly or indirectly , in whole or in part, by in any manner that will endanger the structure , nor CONTRACTOR , any Subcontractor, Supplier, or any shall CONTRACTOR subject any part of the Work or other individual or entity directly or indirectly employed adjacent property to stresses or pressures that will by any of them to perform any of the Work , or anyone endanger it. for whose acts any of them may be liable , shall be remedied by CONTRACTOR ( except damage or loss 6 . 12 Record Documents attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER A. CONTRACTOR shall maintain in a safe place or ENGINEER ' s Consultant, or anyone employed by at the Site one record copy of all Drawings , Specifica - any of them , or anyone for whose acts any of them tions , Addenda , Written Amendments , Change may be liable , and not attributable , directly or Orders , Work Change Directives , Field Orders , and indirectly , in whole or in part, to the fault or negligence written interpretations and clarifications in good order of CONTRACTOR or any Subcontractor, Supplier, or and annotated to show changes made during other individual or entity directly or indirectly employed construction . These record documents together with by any of them ) . CONTRACTOR ' s duties and all approved Samples and a counterpart of all responsibilities for safety and for protection of the approved Shop Drawings will be available to ENGI - Work shall continue until such time as all the Work is NEER for reference . Upon completion of the Work , completed and ENGINEER has issued a notice to these record documents , Samples , and Shop OWNER and CONTRACTOR in accordance with Drawings will be delivered to ENGINEER for OWNER . paragraph 14 . 07 . 13 that the Work is acceptable (except as otherwise expressly provided in connection 6 . 13 Safety and Protection with Substantial Completion ) . A. CONTRACTOR shall be solely responsible 6 . 14 Safety Representative for initiating , maintaining and supervising all safety precautions and programs in connection with the A. CONTRACTOR shall designate a qualified Work . CONTRACTOR shall take all necessary and experienced safety representative at the Site precautions for the safety of, and shall provide the whose duties and responsibilities shall be the necessary protection to prevent damage , injury or loss prevention of accidents and the maintaining and to : supervising of safety precautions and programs . 00700 - General Conditions REV 04-07 . doc 00700 - 23 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\00700 - General Conditions REV 04 -07 coo 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 6ATE . 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 miffed 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. \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2V>dmim\bid documents\00700 - General Conditions REV 04-07 . doc ENGINEER . ENGINEER ' s review and approval will be only to determine if the items 6 . 19 CONTRACTOR 's General Warranty and covered by the submittals will , after installation Guarantee or incorporation in the Work , conform to the information given in the Contract Documents A . CONTRACTOR warrants and guarantees to and be compatible with the design concept of OWNER , ENGINEER , and ENGINEER ' s Consultants the completed Project as a functioning whole as that all Work will be in accordance with the Contract indicated by the Contract Documents . Documents and will not be defective . CONTRACTOR ' s warranty and guarantee hereunder 2 . ENGINEER 's review and approval excludes defects or damage caused by : will not extend to means , methods , techniques , sequences , or procedures of construction 1 . abuse , modification , or improper (except where a particular means , method , maintenance or operation by persons other technique , sequence , or procedure of con - than CONTRACTOR , Subcontractors , struction is specifically and expressly called for Suppliers , or any other individual or entity for by the Contract Documents ) or to safety whom CONTRACTOR is responsible ; or precautions or programs incident thereto . The review and approval of a separate item as such 2 , normal wear and tear under normal will not indicate approval of the assembly in usage , which the item functions . B . CONTRACTOR ' s obligation to perform and 3 . ENGINEER' s review and approval of complete the Work in accordance with the Contract Shop Drawings or Samples shall not relieve Documents shall be absolute . None of the following CONTRACTOR from responsibility for any will constitute an acceptance of Work that is not in variation from the requirements of the Contract accordance with the Contract Documents or a release Documents unless CONTRACTOR has in of CONTRACTOR ' s obligation to perform the Work in writing called ENGINEER ' s attention to each accordance with the Contract Documents : such variation at the time of each submittal as required by paragraph 6 . 17 . D . 3 and ENGI - 1 . observations by ENGINEER , NEER has given written approval of each such variation by specific written notation thereof 2 . recommendation by ENGINEER or incorporated in or accompanying the Shop payment by OWNER of any progress or final Drawing or Sample approval ; nor will any payment; approval by ENGINEER relieve CON - TRACTOR from responsibility for complying 3 . the issuance of a certificate of Sub- with the requirements of paragraph 6 . 17 . D . 1 . stantial Completion by ENGINEER or any F . Resubmittal Procedures payment related thereto by OWNER ; 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 F1Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Vidmim\bid documents\00700 - General Conditions REV 04 -07 . doc harmless OWNER , ENGINEER , ENGINEER ' s opinions , reports , surveys , Change Orders , Consultants , and the officers , directors , partners , designs , or Specifications ; or employees , agents , and other consultants and subcontractors of each and any of them from and 2 . giving directions or instructions , or against all claims , costs , losses , and damages failing to give them , if that is the primary cause ( including but not limited to all fees and charges of of the injury or damage . engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out of or relating to ARTICLE 7 - OTHER WORK the performance of the Work , provided that any such claim , cost, loss , or damage : 7 . 01 Related Work 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 noted in the Contract Documents , then : 2 . is caused in whole or in part by any negligent act or omission of CONTRACTOR , 1 . written notice thereof will be given to any Subcontractor, any Supplier, or any CONTRACTOR prior to starting any such other individual or entity directly or indirectly work , and employed by any of them to perform any of the Work or anyone for whose acts any of them 2 . if OWNER and CONTRACTOR are may be liable , regardless of whether or not unable to agree on entitlement to or on the caused in part by any negligence or omission of amount or extent, if any , of any adjustment in an individual or entity indemnified hereunder or the Contract Price or Contract Times that whether liability is imposed upon such indemni - should be allowed as a result of such other fied party by Laws and Regulations regardless work , a Claim may be made therefor as of the negligence of any such individual or provided in paragraph 10 . 05 . entity . B . CONTRACTOR shall afford each other B . In any and all claims against OWNER or contractor who is a party to such a direct contract and ENGINEER or any of their respective consultants , each utility owner ( and OWNER , if OWNER is per- agents , officers , directors , partners , or employees by forming the other work with OWNER ' s employees ) any employee ( or the survivor or personal proper and safe access to the Site and a reasonable representative of such employee) of CONTRACTOR , opportunity for the introduction and storage of any Subcontractor, any Supplier, or any individual or materials and equipment and the execution of such entity directly or indirectly employed by any of them to other work and shall properly coordinate the Work with perform any of the Work , or anyone for whose acts theirs . Unless otherwise provided in the Contract any of them may be liable , the indemnification Documents , CONTRACTOR shall do all cutting , obligation under paragraph 6 . 20 . A shall not be limited fitting , and patching of the Work that may be required in any way by any limitation on the amount or type of to properly connect or otherwise make its several damages , compensation , or benefits payable by or for parts come together and properly integrate with such CONTRACTOR or any such Subcontractor, Supplier, other work . CONTRACTOR shall not endanger any or other individual or entity under workers ' compen - work of others by cutting , excavating , or otherwise sation acts , disability benefit acts , or other employee altering their work and will only cut or alter their work benefit acts , with the written consent of ENGINEER and the others whose work will be affected . The duties and C . The indemnification obligations of CON - responsibilities of CONTRACTOR under this TRACTOR under paragraph 6 . 20 . A shall not extend to paragraph are for the benefit of such utility owners and the liability of ENGINEER and ENGINEER ' s other contractors to the extent that there are Consultants or to the officers , directors , partners , comparable provisions for the benefit of employees , agents , and other consultants and CONTRACTOR in said direct contracts between subcontractors of each and any of them arising out of: OWNER and such utility owners and other contractors . 1 . the preparation or approval of, or the failure to prepare or approve , maps , Drawings , 00700 - General Conditions REV 04-07 . doc 00700 - 26 F Tublic Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07 . doc C . If the proper execution or results of any part of 8 . 03 Furnish Data CONTRACTOR ' s Work depends upon work per- formed by others under this Article 7 , CONTRACTOR A . OWNER shall promptly furnish the data shall inspect such other work and promptly report to required of OWNER under the Contract Documents . ENGINEER in writing any delays , defects , or deficien - cies in such other work that render it unavailable or 8 . 04 Pay Promptly When Due unsuitable for the proper execution and results of CONTRACTOR ' s Work . CONTRACTOR 's failure to A. OWNER shall make payments to CONTRAC- so report will constitute an acceptance of such other TOR promptly when they are due as provided in work as fit and proper for integration with paragraphs 14 . 02 . 0 and 14 . 07 . C . CONTRACTOR ' s Work except for latent defects and deficiencies in such other work . 8 . 05 Lands and Easements; Reports and Tests 7 . 02 Coordination A. OWNER ' s duties in respect of providing lands and easements and providing engineering surveys to A . If OWNER intends to contract with others for establish reference points are set forth in paragraphs the performance of other work on the Project at the 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to OWNER ' s Site , the following will be set forth in Supplementary identifying and making available to CONTRACTOR Conditions : copies of reports of explorations and tests of subsurface conditions and drawings of physical 1 . the individual or entity who will have conditions in or relating to existing surface or authority and responsibility for coordination of subsurface structures at or contiguous to the Site that the activities among the various contractors will have been utilized by ENGINEER in preparing the be identified ; Contract Documents . 2 , the specific matters to be covered by 8 . 06 Insurance such authority and responsibility will be itemized ; and A. OWNER ' s responsibilities , if any, in respect to purchasing and maintaining liability and property insur- 3 , the extent of such authority and ance are set forth in Article 5 , responsibilities will be provided . 8 . 07 Change Orders B . Unless otherwise provided in the Supplementary Conditions , OWNER shall have sole A . OWNER is obligated to execute Change authority and responsibility for such coordination . Orders as indicated in paragraph 10 . 03 . ARTICLE 8 OWNER ' S RESPONSIBILITIES 8 . 08 Inspections, Tests, and Approvals - A. OWNER ' s responsibility in respect to certain inspections , tests , and approvals is set forth in 8 . 01 Communications to Contractor paragraph 13 . 03 . 13 . A. Except as otherwise provided in these 8 . 09 Limitations on OWNER 's Responsibilities General Conditions , OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER . A. The OWNER shall not supervise , direct, or have control or authority over, nor be responsible for, 8 . 02 Replacement of ENGINEER CONTRACTOR ' s means , methods , techniques , se- quences , or procedures of construction , or the safety A. In case of termination of the employment of precautions and programs incident thereto , or for any ENGINEER , OWNER shall appoint an engineer to failure of CONTRACTOR to comply with Laws and whom CONTRACTOR makes no reasonable Regulations applicable to the performance of the objection , whose status under the Contract Work . OWNER will not be responsible for Documents shall be that of the former ENGINEER . CONTRACTOR ' s failure to perform the Work in accordance with the Contract Documents . 00700 - General Conditions REV 04-07. doc 00700 - 27 F \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07. doc 8 . 10 Undisclosed Hazardous Environmental of ENGINEER ' s visits or observations of Condition CONTRACTOR 's Work ENGINEER will not supervise , direct, control , or have authority over or be A. OWNER ' s responsibility in respect to an responsible for CONTRACTOR ' s means , methods , undisclosed Hazardous Environmental Condition is techniques , sequences , or procedures of construction , set forth in paragraph 4 . 06 . or the safety precautions and programs incident thereto , or for any failure of CONTRACTOR to comply 8 . 11 Evidence of Financial Arrangements with Laws and Regulations applicable to the performance of the Work . A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that 9 . 03 Project Representative financial arrangements have been made to satisfy OWNER ' s obligations under the Contract Documents , A . If OWNER and ENGINEER agree , ENGI - OWNER 's responsibility in respect thereof will be as NEER will furnish a Resident Project Representative set forth in the Supplementary Conditions . to assist ENGINEER in providing more extensive observation of the Work . The responsibilities and authority and limitations thereon of any such Resident ARTICLE 9 - ENGINEER ' S STATUS DURING Project Representative and assistants will be as CONSTRUCTION provided in paragraph 9 . 10 and in the Supplementary Conditions . If OWNER designates another represen - tative or agent to represent OWNER at the Site who is 9 . 01 OWNER 'S Representative not ENGINEER ' s Consultant , agent or employee , the responsibilities and authority and limitations thereon of A . ENGINEER will be OWNER ' s representative such other individual or entity will be as provided in the during the construction period . The duties and Supplementary Conditions , responsibilities and the limitations of authority of ENGINEER as OWNER ' s representative during 9 . 04 Clarifications and Interpretations construction are set forth in the Contract Documents and will not be changed without written consent of A- ENGINEER will issue with reasonable OWNER and ENGINEER . promptness such written clarifications or interpreta - tions of the requirements of the Contract Documents 9 . 02 Visits to Site as ENGINEER may determine necessary , which shall be consistent with the intent of and reasonably A. ENGINEER will make visits to the Site at inferable from the Contract Documents . Such written intervals appropriate to the various stages of construc- clarifications and interpretations will be binding on tion as ENGINEER deems necessary in order to OWNER and CONTRACTOR . If OWNER and CON - observe as an experienced and qualified design TRACTOR are unable to agree on entitlement to or on professional the progress that has been made and the the amount or extent, if any, of any adjustment in the quality of the various aspects of CONTRACTOR 's Contract Price or Contract Times , or both , that should executed Work . Based on information obtained be allowed as a result of a written clarification or during such visits and observations , ENGINEER , for interpretation , a Claim may be made therefor as the benefit of OWNER , will determine , in general , if provided in paragraph 10 . 05 . the Work is proceeding in accordance with the Con - tract Documents . ENGINEER will not be required to 9 . 05 Authorized Variations in Work make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . A. ENGINEER may authorize minor variations in ENGINEER ' s efforts will be directed toward providing the Work from the requirements of the Contract for OWNER a greater degree of confidence that the Documents which do not involve an adjustment in the completed Work will conform generally to the Contract Contract Price or the Contract Times and are compati- Documents . On the basis of such visits and ble with the design concept of the completed Project observations , ENGINEER will keep OWNER informed as a functioning whole as indicated by the Contract of the progress of the Work and will endeavor to guard Documents . These may be accomplished by a Field OWNER against defective Work . Order and will be binding on OWNER and also on CONTRACTOR , who shall perform the Work involved B . ENGINEER ' s visits and observations are promptly. If OWNER and CONTRACTOR are unable subject to all the limitations on ENGINEER ' s authority to agree on entitlement to or on the amount or extent, and responsibility set forth in paragraph 9 . 10 , and if any , of any adjustment in the Contract Price or particularly , but without limitation , during or as a result Contract Times , or both , as a result of a Field Order, 00700 - General Conditions REV 04-07 . doc 00700 - 28 F :\Public Works\ENGINEERING DIVISION PROJECTSN 047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2VAdmim\bid documents\00700 - General Conditions REV 04-07 . doc a Claim may be made therefor as provided in accordance with the provisions of paragraph 10 . 05 , paragraph 10 . 05 . with a request for a formal decision . 9 . 06 Rejecting Defective Work B . When functioning as interpreter and judge under this paragraph 9 . 09 , ENGINEER will not show A . ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will not or reject Work which ENGINEER believes to be be liable in connection with any interpretation or defective , or that ENGINEER believes will not produce decision rendered in good faith in such capacity. The a completed Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this Documents or that will prejudice the integrity of the paragraph 9 . 09 with respect to any such Claim , design concept of the completed Project as a dispute , or other matter (except any which have been functioning whole as indicated by the Contract waived by the making or acceptance of final payment Documents . ENGINEER will also have authority to as provided in paragraph 14 . 07 ) will be a condition require special inspection or testing of the Work as precedent to any exercise by OWNER or provided in paragraph 13 . 04 , whether or not the Work CONTRACTOR of such rights or remedies as either is fabricated , installed , or completed . may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim , 9 . 07 Shop Drawings, Change Orders and dispute , or other matter. Payments 9 . 10 Limitations on ENGINEER 's Authority and A . In connection with ENGINEER ' s authority as Responsibilities to Shop Drawings and Samples , see paragraph 6 . 17 . A. Neither ENGINEER ' s authority or respon - B . In connection with ENGINEER ' s authority as sibility under this Article 9 or under any other provision to Change Orders , see Articles 10 , 11 , and 12 . of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not C . In connection with ENGINEER ' s authority as exercise such authority or responsibility or the to Applications for Payment, see Article 14 . undertaking , exercise , or performance of any authority or responsibility by ENGINEER shall create , impose , 9 . 08 Determinations for Unit Price Work or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR , any Subcon - A . ENGINEER will determine the actual quanti- tractor, any Supplier, any other individual or entity , or ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them . by CONTRACTOR . ENGINEER will review with CONTRACTOR the ENGINEER ' s preliminary B . ENGINEER will not supervise , direct, control , determinations on such matters before rendering a or have authority over or be responsible for written decision thereon ( by recommendation of an CONTRACTOR ' s means , methods , techniques , se- Application for Payment or otherwise ) . ENGINEER ' s quences , or procedures of construction , or the safety written decision thereon will be final and binding precautions and programs incident thereto , or for any (except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and factual conditions or more accurate data ) upon Regulations applicable to the performance of the OWNER and CONTRACTOR , subject to the Work . ENGINEER will not be responsible for provisions of paragraph 10 . 05 . CONTRACTOR ' s failure to perform the Work in accordance with the Contract Documents , 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work C . ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any A . ENGINEER will be the initial interpreter of the Subcontractor, any Supplier, or of any other individual requirements of the Contract Documents and judge of or entity performing any of the Work . the acceptability of the Work thereunder. Claims , disputes and other matters relating to the acceptability D . ENGINEER ' s review of the final Application of the Work , the quantities and classifications of Unit for Payment and accompanying documentation and all Price Work , the interpretation of the requirements of maintenance and operating instructions , schedules , the Contract Documents pertaining to the guarantees , Bonds , certificates of inspection , tests performance of the Work , and Claims seeking and approvals , and other documentation required to changes in the Contract Price or Contract Times will be delivered by paragraph 14 . 07 . A will only be to be referred initially to ENGINEER in writing , in determine generally that their content complies with the requirements of, and in the case of certificates of 00700 - General Conditions REV 04-07 . doc 00700 - 29 FAPubhc Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Vadmim\bid documents\00700 - General Conditions REV 04-07 . doc inspections , tests , and approvals that the results 2 , changes in the Contract Price or certified indicate compliance with , the Contract Contract Times which are agreed to by the Documents . parties , including any undisputed sum or amount of time for Work actually performed in E . The limitations upon authority and responsibil - accordance with a Work Change Directive ; and ity set forth in this paragraph 9 . 10 shall also apply to ENGINEER ' s Consultants , Resident Project Repre- 3 , changes in the Contract Price or sentative , and assistants . Contract Times which embody the substance of any written decision rendered by ENGINEER ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS pursuant to paragraph 10 . 05 ; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in 10 . 01 Authorized Changes in the Work accordance with the provisions of the Contract Documents and applicable Laws and Regula- A . Without invalidating the Agreement and tions , but during any such appeal , without notice to any surety, OWNER may , at any time CONTRACTOR shall carry on the Work and or from time to time , order additions , deletions , or adhere to the progress schedule as provided in revisions in the Work by a Written Amendment, a paragraph 6 . 18 . A. Change Order, or a Work Change Directive . Upon receipt of any such document, CONTRACTOR shall 10 . 04 Notification to Surety promptly proceed with the Work involved which will be performed under the applicable conditions of the A. If notice of any change affecting the general Contract Documents ( except as otherwise specifically scope of the Work or the provisions of the Contract provided ) . Documents ( including , but not limited to , Contract Price or Contract Times ) is required by the provisions B . If OWNER and CONTRACTOR are unable to of any Bond to be given to a surety , the giving of any agree on entitlement to , or on the amount or extent , if such notice will be CONTRACTOR ' s responsibility . any , of an adjustment in the Contract Price or Contract The amount of each applicable Bond will be adjusted Times , or both , that should be allowed as a result of a to reflect the effect of any such change . Work Change Directive , a Claim may be made therefor as provided in paragraph 10 . 05 . 10 . 02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended , modified , or supplemented as provided in paragraph 3 . 04 , except in the case of an emergency as provided in paragraph 6 . 16 or in the case of uncovering Work as provided in paragraph 13 . 04 . 13 . 10 . 03 Execution of Change Orders A . OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGk 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 F'1Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V>dmim\bid 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 F\Public Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid 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 twined 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 Is 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 - 31 F \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid 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 . B , 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 . 13 . 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 F.\Public WOfks\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents100700 - 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 . 13 . 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 3 . if CONTRACTOR believes that various portions of the Cost of the Work : 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. 47 11 . 01 . A . 5 , and 11 . 01 . B ; 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 F . Tublic Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Vadmim\bid documents\00700 - General Conditions REV 04-07 . doc 12 . 02 Change of Contract Times surety for or employee or agent of any of them , for 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 . \Public Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V\dmim\bid documents\00700 - General Conditions REV 04-07 . doc B . OWNER pay--#ar--tie services- a^ independent testtrig_-4aFy __4e B . If ENGINEER considers it necessary or perform all iRspoctions _tes . -by advisable that covered Work be observed by ENGI - NEER or inspected or tested by others , CONTRAC - TOR , at ENGINEER ' s request , shall uncover, expose , 4— is or otherwise make available for observation , inspec- novered by paragraphs 13 . 0- 31G. an --1-3:8 .8 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 � . that sorts ,c;;+'r� „ tseeeeotior�witi such Work is defective , CONTRACTOR shall pay all Claims , costs , losses , and damages ( including but not paragraph 13 . 04 . 13 shall be paid as-prevfded-+f4 limited to all fees and charges of engineers , architects , said paragraph 13 . 04 . 13 ; attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out ided-+n of or relating to such uncovering , exposure , observa- the raa +rac+ Do..eilmen_ 6; tion , inspection , and testing , and of satisfactory replacement or reconstruction ( including but not C . If Laws or Regulations of any public body limited to all costs of repair or replacement of work of having jurisdiction require any Work ( or part thereof) others) ; and OWNER shall be entitled to an specifically to be inspected , tested , or approved by an appropriate decrease in the Contract Price . If the employee or other representative of such public body , parties are unable to agree as to the amount thereof, CONTRACTOR shall assume full responsibility for OWNER may make a Claim therefor as provided in arranging and obtaining such inspections , tests , or paragraph 10 . 05 . If, however, such Work is not found approvals , pay all costs in connection therewith , and to be defective , CONTRACTOR shall be allowed an furnish ENGINEER the required certificates of inspec- increase in the Contract Price or an extension of the tion or approval . Contract Times ( or Milestones) , or both , directly attributable to such uncovering , exposure , D . CONTRACTOR shall be responsible for observation , inspection , testing , replacement, and arranging and obtaining and shall pay all costs in reconstruction . If the parties are unable to agree as to connection with any inspections , tests , or approvals the amount or extent thereof, CONTRACTOR may required for OWNER ' s and ENGINEER ' s acceptance make a Claim therefor as provided in paragraph of materials or equipment to be incorporated in the 10 . 05 . Work ; or acceptance of materials , mix designs , or equipment submitted for approval prior to 13 . 05 OWNER May Stop the Work CONTRACTOR ' s purchase thereof for incorporation in the Work . Such inspections , tests , or approvals A. If the Work is defective , or ' ONTR4 (�TOR shall be performed by organizations acceptable to flstosupply suffGient skilled workers ori OWNER and ENGINEER . E . If any Work (or the work of others) that is to be inspected , tested , or approved is covered by CONTRACTOR te step the Work , er any peFtion there - TRACTOR without written concurrence of ENGk until the ase for h Ardpr has been limonated NEER , it must , if requested by ENGINEER , be uncov- A ered for observation . not gave rise. tO @Ry duty on the part ef OWNER te f xerGise this Fight for the benefit f CONTRACTOR , F . Uncovering Work as provided in paragraph 13 . 03 . E shall be at CONTRACTOR ' s expense unlessor OF any 66117ety , CONTRACTOR has given ENGINEER timely notice amthem- of CONTRACTOR ' s intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice . 13 . 04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER , it must, if requested by ENGI - NEER , be uncovered for ENGINEER 's observation and replaced at CONTRACTOR ' s expense . 00700 - General Conditions REV 04-07 . doc 00700 - 36 F .\Public Works\ENGINEERING DIVISION PROJECTSM47-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07. doc 13 . 06 Correction or Removal of Defective Work C . Where defective Work (and damage to other Work resulting therefrom ) has been corrected or A . CONTRACTOR shall correct all defective removed and replaced under this paragraph 13 . 07 , Work , whether or not fabricated , installed , or the correction period hereunder with respect to such completed , or, if the Work has been rejected by ENGI - Work will be extended for an additional period of one NEER , remove it from the Project and replace it with year after such correction or removal and replacement Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed . all Claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , D . CONTRACTOR 's obligations under this architects , attorneys , and other professionals and all paragraph 13 . 07 are in addition to any other obligation court or arbitration or other dispute resolution costs ) or warranty. The provisions of this paragraph 13 . 07 arising out of or relating to such correction or removal shall not be construed as a substitute for or a waiver ( including but not limited to all costs of repair or of the provisions of any applicable statute of limitation replacement of work of others ) . or repose . 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work A . If within one year after the date of Substantial A. If, instead of requiring correction or removal Completion or such longer period of time as may be and replacement of defective Work , OWNER (and , prescribed by Laws or Regulations or by the terms of prior to ENGINEER Is recommendation of final pay- any applicable special guarantee required by the ment, ENGINEER ) prefers to accept it, OWNER may Contract Documents or by any specific provision of the do so . CONTRACTOR shall pay all Claims , costs , Contract Documents , any Work is found to be losses , and damages ( including but not limited to all defective , or if the repair of any damages to the land fees and charges of engineers , architects , attorneys , or areas made available for CONTRACTOR ' s use by and other professionals and all court or arbitration or OWNER or permitted by Laws and Regulations as other dispute resolution costs ) attributable to contemplated in paragraph 6 . 11 . A is found to be OWNER ' s evaluation of and determination to accept defective , CONTRACTOR shall promptly , without cost such defective Work (such costs to be approved by to OWNER and in accordance with OWNER 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 F \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\00700 - General Conditions REV 04-07 . doc B . In exercising the rights and remedies under 14 . 02 Progress Payments this paragraph , OWNER shall proceed expeditiously . In connection with such corrective and remedial A . Applications for Payments action , OWNER may exclude CONTRACTOR from all or part of the Site , take possession of all or part of the 1 . At least 20 days before the date Work and suspend CONTRACTOR ' s services related established for each progress payment ( but not thereto , take possession of CONTRACTOR ' s tools , more often than once a month ) , appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for the Site , and incorporate in the Work all materials and review an Application for Payment filled out and equipment stored at the Site or for which OWNER has signed by CONTRACTOR covering the Work paid CONTRACTOR but which are stored elsewhere . completed as of the date of the Application and CONTRACTOR shall allow OWNER , OWNER ' s accompanied by such supporting representatives , agents and employees , OWNER ' s documentation as is required by the Contract other contractors , and ENGINEER and ENGINEER ' s Documents . If payment is requested on the Consultants access to the Site to enable OWNER to basis of materials and equipment not exercise the rights and remedies under this incorporated in the Work but delivered and paragraph . suitably stored at the Site or at another location agreed to in writing , the Application for Payment C . All Claims , costs , losses , and damages shall also be accompanied by a bill of sale , ( including but not limited to all fees and charges of invoice , or other documentation warranting that engineers , architects , attorneys , and other OWNER has received the materials and equip- professionals and all court or arbitration or other ment free and clear of all Liens and evidence dispute resolution costs ) incurred or sustained by that the materials and equipment are covered OWNER in exercising the rights and remedies under by appropriate property insurance or other this paragraph 13 . 09 will be charged against CON - arrangements to protect OWNER ' s interest TRACTOR , and a Change Order will be issued therein , all of which must be satisfactory to incorporating the necessary revisions in the Contract OWNER . Documents with respect to the Work ; and OWNER shall be entitled to an appropriate decrease in the 2 . Beginning with the second Contract Price . If the parties are unable to agree as to Application for Payment, each Application shall the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating Claim therefor as provided in paragraph 10 . 05 . Such that all previous progress payments received claims , costs , losses and damages will include but not on account of the Work have been applied on be limited to all costs of repair, or replacement of work account to discharge CONTRACTOR ' s of others destroyed or damaged by correction , legitimate obligations associated with prior removal , or replacement of CONTRACTOR ' s Applications for Payment. defective Work . 3 . The amount of retainage with respect D . CONTRACTOR shall not be allowed an to progress payments will be as stipulated in extension of the Contract Times (or Milestones ) the Agreement. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER ' s B . Review ofApplications rights and remedies under this paragraph 13 . 09 . 1 . ENGINEER will , within 10 days after receipt of each Application for Payment, either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing 14 . 01 Schedule of Values ENGINEER ' s reasons for refusing to recommend payment. In the latter case , CON - A . The schedule of values established as provid - TRACTOR may make the necessary ed in paragraph 2 . 07 . A will serve as the basis for corrections and resubmit the Application . progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI - 2 . ENGINEER ' s recommendation of NEER . Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed . Payment will constitute a representation by ENGINEER to OWNER , based on 00700 - General Conditions REV 04-07 . doc 00700 - 38 R\Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid 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 . 13 . 2 . ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment (subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent Substantial Completion , to the results of any inspections or tests , revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made , to Documents , to a final determination of such extent as may be necessary in quantities and classifications for Unit Price ENGINEER ' s opinion to protect OWNER from Work under paragraph 9 . 08 , and to any loss because : other qualifications stated in the recommendation ) ; and a . the Work is defective , or completed Work has been damaged , requiring c . The conditions precedent to correction or replacement, CONTRACTOR ' s being entitled to such payment appear to have been fulfilled in so b . the Contract Price has been reduced far as it is ENGINEER ' s responsibility to by Written Amendment or Change Orders , observe the Work . c. OWNER has been required to correct 3 . By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13 . 09 ; or deemed to have represented that: ( i ) inspec- tions made to check the quality or the quantity d , ENIGINEEER h ;; q RAW ;; ! knowledge of of the Work as it has been performed have the rronGe of any of the events been exhaustive , extended to every aspect of a+ta OR nornnr@ph 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 . Ten days aftepresentation f the not be other matters or issues between thewith parties that might entitle CONTRACTOR to be € NEIN € € R� res© mmendatieR the Mel in paid additionally by OWNER or entitle OWNER reGOMmended will (subjeGt to the previsions ef to withhold payment to CONTRACTOR . paragraph 14 . 02 . D) beGGme due , and when due will be paid by OWNER te C C.) INITRACTOR . 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 5s failure to performance or furnishing of the Work ; comply with Laws and Regulations applicable to CONTRACTOR ' s performance of the Work . b . Liens have been filed in connection Additionally , said review or recommendation will with the Work , except where not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific 00700 - General Conditions REV 04-07 . doc 00700 - 39 F. \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2VAdmim\bid documents\00700 - General Conditions REV 04-07 . doc Bond satisfactory to OWNER to secure the Con }plet� T4&Fe shwa -be-attached te--t#e -Berta#irate satisfaction and discharge of such Liens ; a-te, ,=at;ve- list_nf before4 NE4? -Sh ^ I I k, a ,, e e y-s c . there are other items entitling OWN - after , ept_o; the tentative ter} f .6h-to ER to a set-off against the amount make � . , � }+on }n -=n «., obie�tien--te € NGIN € € R-,�s �af�y recommended ; or pravisiens of th list If, after considering -SUGh objectieRs , €taJ inl -, . EP so-nGludes d . OWNER has actual knowledge of the that-- occurrence of any of the events enumerated E ^ Ih.G,^:€ER- fl. i � V v � � v �,f the in paragraphs 14 . 02 . B . 5 . a through tent V � ; O v 14 . 02 . B . 5 . c or paragraph 15 . 02 . A. in vrri} ing statin the reasens therefor If, after nnncirlor- } in ., �,T_AWN € R� ebjectiens , € NG�FJ-EE-R 2 . If OWNER refuses to make payment se e of the full amount recommended by F= N J ^ IGGp Il within said 14 days exeGutt&- ^d ENGINEER , OWNER must give CONTRACTOR immediate written notice (with GertifiGate of Substantial Completion (with a revised a copy to ENGINEER ) stating the reasons for tentative ; ;stof-+t eeted) such action and promptly pay CONTRACTOR reflecting & , Gh any amount remaining after deduction of the Rq FNGINEERlin es j stof oa_afto�_wr_ �t+on of amount so withheld . OWNER shall promptly any obje(Gti (DRS from 0 0_11SIER . At the t; pay CONTRACTOR the amount so withheld , or of- the any adjustment thereto agreed to by OWNER ENGINEER vV011 dialmilpr to CUINF11 � R nd CONTRAC- and CONTRACTOR , when CONTRACTOR corrects to OWNER Is satisfaction the reasons for such action . p eperatieR Safety 7 and proteGtion of the Work , 3 . If it is subsequently determined that r�a+nteriRln , - heat utilities inSuranee,a waFFastias OWNER ' s refusal of payment was not justified , and guarantees Unless OWN € l� and the amount wrongfully withheld shall be treated CONTRACTOR agFee as an amount due as determined by paragraph infnmrorm_ ENIGInlFFR on , . siting prior to ENGInIF. rrn 14 . 02 . C . 1 . iccwiiRg the def; „ itive nertifinate of Substantial- 404 � AIGIAIGGp ' C + fn roc irl o n mo rl } ' ' ll k 14 . 03 CONTRACTOR 's Warranty of Title -tom final payrne.PA, 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 € NG IEER sensiders theWork substantially semplete , ENGINEER willprepare and 1 . OWNER at any time may request dor"or }n CMINIFI�R R tentati , e certii A;; tcn f 21 lbs + + I CONTRACTOR in writing to permit OWNER to Complefion WhiGh shall fix the date of Substantial use any such part of the Work which OWNER 00700 - General Conditions REV 04 -07 . doc 00700 - 40 F\Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admim\bid 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 . 13 . 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 Is 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 :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00700 - General Conditions REV 04-07 . doc CONTRACTOR , indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment . 15 . 01 OWNER May Suspend Work C . Payment Becomes Due A. At any time and without cause , OWNER may suspend the Work or any portion thereof for a period 4—. Thirty days offer the presentation to of not more than 90 consecutive days by notice in 0111PAINER of the Application for Payment and writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - ror•nmmonded by ENGIAIGG [7 gill hornmo ue TRACTOR shall resume the Work on the date so and when fillp will ho id UJI -OWN �T� ER to fixed . NTRACTOR shall be allowed an adjLAStMecif S t Times, erg h , direstl!,( at#abutablle—#e any—such 14 . 08 Final Completion Delayed I i bf CONTRA R makes a (' 1 -+ 6m +horofor as provided On par2gFaph 10 . 05 . A. If, through no fault of CONTRACTOR , final completion of the Work is significantly delayed , and if 15 . 02 OWNER May Terminate for Cause ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR ' s final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER , and without terminat- following events will justify termination for cause : ing the Agreement , make payment of the balance due for that portion of the Work fully completed and 1 . CONTRACTOR 's persistent failure accepted . If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents ( including , but not limited less than the retainage stipulated in the Agreement, to , failure to supply sufficient skilled workers or and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5 . 01 , the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2 . 07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6 . 04 ) ; by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made 2 . CONTRACTOR ' s disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment, except that it shall not constitute a waiver of jurisdiction ; Claims . 3 . CONTRACTOR ' s disregard of the 14 . 09 Waiver of Claims authority of ENGINEER ; or A . The making and acceptance of final payment 4 . CONTRACTOR' s violation in any will constitute : substantial way of any provisions of the Contract Documents . 1 . a waiver of all Claims by OWNER against CONTRACTOR , except Claims arising B . If one or more of the events identified in from unsettled Liens , from defective Work paragraph 15 . 02 . A occur, OWNER may, after giving appearing after final inspection pursuant to CONTRACTOR ( and the surety , if any) seven days paragraph 14 . 06 , from failure to comply with the written notice , terminate the services of Contract Documents or the terms of any special CONTRACTOR , exclude CONTRACTOR from the guarantees specified therein , or from Site , and take possession of the Work and of all CONTRACTOR ' s continuing obligations under CONTRACTOR ' s tools , appliances , construction the Contract Documents ; and equipment , and machinery at the Site , and use the same to the full extent they could be used by 2 , a waiver of all Claims by CONTRAC - CONTRACTOR (without liability to CONTRACTOR for TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all previously made in writing which are still materials and equipment stored at the Site or for unsettled . which OWNER has paid CONTRACTOR but which are stored elsewhere , and finish the Work as OWNER may deem expedient. In such case , CONTRACTOR 00700 - General Conditions REV 04-07 . doc 00700 - 42 F \Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Ndmim\bid documents\00700 - General Conditions REV 04-07 . doc shall not be entitled to receive any further payment 4 . for reasonable expenses directly until the Work is finished . If the unpaid balance of the attributable to termination . Contract Price exceeds all claims , costs , losses , and damages ( including but not limited to all fees and B . CONTRACTOR shall not be paid on account charges of engineers , architects , attorneys , and other of loss of anticipated profits or revenue or other eco- professionals and all court or arbitration or other nomic loss arising out of or resulting from such dispute resolution costs ) sustained by OWNER arising termination . out of or relating to completing the Work , such excess will be paid to CONTRACTOR . If such claims , costs , 15 . 04 CONTRACTOR May Stop Work or losses , and damages exceed such unpaid balance , Terminate CONTRACTOR shall pay the difference to OWNER . Such claims , costs , losses , and damages incurred by A . If, through no act or fault of CONTRACTOR , OWNER will be reviewed by ENGINEER as to their the Work is suspended for more than 90 consecutive reasonableness and , when so approved by days by OWNER or under an order of court or other ENGINEER , incorporated in a Change Order . When public authority, or ENGINEER fails to act on any exercising any rights or remedies under this Application for Payment within 30 days after it is paragraph OWNER shall not be required to obtain the submitted , or OWNER fa- i ' s for 2. 0. days to pay CON 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 , or OWNER h f;; ' Ipd fAr 3g days to pay A. Upon seven days written notice to CON - CONTRACTOR may, seven days after written notice TRACTOR and ENGINEER , OWNER may , without to OWNER and ENGINEER , stop the Work until cause and without prejudice to any other right or payment is made of all such amounts due remedy of OWNER , elect to terminate the Contract. CONTRACTOR , including interest thereon . The In such case , CONTRACTOR shall be paid (without provisions of this paragraph 15 . 04 are not intended to duplication of any items ) : preclude CONTRACTOR from making a Claim under paragraph 10 . 05 for an adjustment in Contract Price 1 . for completed and acceptable Work or Contract Times or otherwise for expenses or executed in accordance with the Contract damage directly attributable to CONTRACTOR' s Documents prior to the effective date of stopping the Work as permitted by this paragraph , termination , including fair and reasonable sums for overhead and profit on such Work , ARTICLE 16 - DISPUTE RESOLUTION 2 . for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials , or 16 . 01 Methods and Procedures equipment as required by the Contract Documents in connection with uncompleted A . Dispute resolution methods and procedures , if Work , plus fair and reasonable sums for any, shall be as set forth in the Supplementary overhead and profit on such expenses , Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 3 . for all claims , costs , losses , and and 10 . 05 , OWNER and CONTRACTOR may damages ( including but not limited to all fees exercise such rights or remedies as either may and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by and other professionals and all court or Laws or Regulations in respect of any dispute . arbitration or other dispute resolution costs ) in - curred in settlement of terminated contracts with Subcontractors , Suppliers , and others ; and 00700 - General Conditions REV D4-07. doc 00700 - 43 IF Tublic Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Vldmim\bid documents\00700 - General Conditions REV 04 -07 . doc ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A . Whenever any provision of the Contract Documents requires the giving of written notice , it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known to the giver of the notice . 17 . 02 Computation of Times A . When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and include the last day of such period . If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction , such day will be omitted from the computation . 17 . 03 Cumulative Remedies A . The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to , and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee , or by other provisions of the Contract Documents , and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty , obligation , right, and remedy to which they apply . 17 . 04 Survival of Obligations A. All representations , indemnifications , warran - ties , and guarantees made in , required by , or given in accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract Documents , will survive final payment, completion , and acceptance of the Work or termination or comple- tion of the Agreement. 17 . 05 Controlling Law A . This Contract is to be governed by the law of the state in which the Project is located . 00700 - General Conditions REV 04-07 . doc 00700 - 44 F .\Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Ndmim\bid 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 IP \Public Works\ENGINEERING DIVISION PROJECTSN 047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Vadmim\1bid documents\00800 - Supplementary Conditions 06 -09 rev . doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Scowl woo 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. SCA * 02 Terminology SC - 1 . 02 . DA 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 \Public Works\ENG INFER ING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2\Admim\bid 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 GC4. 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 — Indian River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of Fairgrounds 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 fifteen ( 15 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100 % of the Contract Price . 1 . In lieu of the Public Construction Bond , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order , certified check , cashier' s check , irrevocable letter of credit or a security as listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER . 00800-2 00800 - Supplementary Conditions 06-09 rev . doc 00800 2F\Public Works\ENGINEER ING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Mmim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc 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.\Public Works\ENG IN EER ING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase ZAdmim\bid 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 \Public Works\ENGINEERING DIVISION PROJECTS\1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid 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 , B . Add the following paragraphs immediately after paragraph GC- 6. 02. B : 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year' s Day , Good Friday , Memorial Day , Independence Day , Labor Day , Veterans Day , Thanksgiving Day , Friday after Thanksgiving , Christmas Eve and Christmas Day . Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager . 3 , The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one 00800-5 00800 - supplementary Conditions 06-09 rev . doc 00800 5F \Public Works\ENGINEER ING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2\Admim\bid 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 : 1 . The OWNER has obtained the following permits ( copies of these permits are contained in Appendix "A" ) : A . St , Johns River Water Management District - Permit no . 40- 061 - 86397 -4 B . Indian River Farms Water Control District — Permit no . XX-XX C . Indian River County Type A — Permit no . XXXXXXX D . Indian River County Major Site Plan - Permit no . XXXXXXXX E . Indian River County Land Clearing - Permit no . XXXXXXXX F . Indian River County Tree Removal - Permit no . XXXXXXXX 2 . The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER . 3 , The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SCA103 Test and Inspections SC - 13 . 03 . 13 . Delete the first sentence of paragraph GC- 13. 03. 8 in its entirety, and insert the following sentences in its place : 00800-6 00800 - Supplementary Conditions 06-09 rev . doc 00800 6F \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\00800 - Supplemenlary Conditions 06 -09 rev. doc 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 GC44 . 02. B. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A , or SC - 14 . 02 . 13 . 5 . Add the following sentences at the end of paragraph GC44. 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 GC44. 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 :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047 -7_ IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2\Admir- \bid 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 GC44 . 04A of the General Conditions, delete the remainder of paragraph 14 . 04A in its entirety and replace with the following: " If Engineer considers the Work substantially complete , Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735 ( 7 ) ( 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 GC44 . 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 .\PubJc Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Admim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension . SC15 . 02 OWNER May Terminate For Cause SC - 15 . 02 . A . 5 and SC - 15 . 02 . A . 6 Add the following new paragraphs immediately after paragraph GC45. 02. A . 4 : 5 . CONTRACTOR ' s violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR ' s failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC - 15 . 04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GC45. 04 . A : er OWNER fails for 30) days to pay GONTRAGT'QR-a� SC - 15 . 04 Delete the following text from the second sentence of paragraph GC45. 04. A : oF OWNER has failed foF 30 days to pay CONTRACTOR aRY SUM finally determiRed to be due SCA6 DISPUTE RESOLUTION SC - 16 . 02 Mediation SC- 16 Add the following new paragraph immediately after paragraph GC- 16. 01 . SC- 16 . 02 Mediation A . OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties . The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . SCA7 Miscellaneous Add the following new paragraphs immediately after paragraph GC17. 05: SC - 17 . 06 Liens A . This project is a " Public Works " under Chapter 255 , Florida Statutes . No merchant ' s liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract . The claimant shall have a right of action 00800-9 00800 - Supplementary Conditions 06 -09 rev . doc 00800 9F \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev doc against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor , materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR ' S Name ) and to ( CONTRACTOR Surety Company Name ) pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit- claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . + + END OF SUPPLEMENTARY CONDITIONS + + 00800- 10 00800 - Supplementary Conditions 06-09 rev . doc 00800 1 OF \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Wdmim\bid documents\00800 - Supplementary Conditions 06-09 rev .doc SECTION 00942 - Change Order Form No , DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Project : Indian River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of Fairgrounds OWNER ' s Project No . 1047-2 ENGINEER ' s Bid No , 2012028 ENGINEER You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order: Attachments : ( List documents supporting change ) CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time : ( days or dates ) Substantial Completion : Final Completion -, Net Increase ( Decrease ) from $ Net change from previous Change previous Change Orders No . Orders No . to ( days ) to Substantial Completion : Final Completion -, Contract Price prior to this $ Contract Time prior to this Change Change Order: Order: ( days or dates ) Substantial Completion : Final Completion : Net increase ( decrease ) of this $ Net increase ( decrease ) this Change Order : Change Order: ( days or dates ) Substantial Completion : Final Completion : Contract Price with all approved $ Contract Time with all approved Change Orders : Change Orders : ( days or dates ) Substantial Completion : Final Completion : ACCEPTED : RECOMMENDED APPROVED : By . By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature ) Date : Date : Date : 00942 - Change Order Form REV 04-07 . doc 00942 - 1 IF Tublic Works\ENGINEER ING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\00942 - Change Order Form REV 04-07 . doc Rev. 05/01 SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Project : Indian River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of Fairgrounds OWNER ' S Project No . 1047 -2 ENGINEER ' s Bid No , 2012028 ENGINEER . Field Activity Description : Reason for Change : Recommended Disposition : Field Operations Officer / Engineer ( Signature ) Date Disposition : Contractor' s Onsite Supervisor ( Signature ) Date Distribution : Field Operations Officer Others as Required : On - site Supervisor Project File * * END OF SECTION 00946 - Field Order Form REV 04-07 . doc F : \Public Works\ENGINEERING DIVISION PROJECTS \ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \bid documents \00946 - Field Order Form REV 04 -07 . doc SECTION 00948 - Work Change Directive No , EFFECTIVE DATE ,- DATE ATE :DATE OF ISSUANCE : OWNER : Indian River County CONTRACTOR : Contract : _ Project : Indian River County Fairgrounds Phase 2 Overflow and Vehicular Staging for Events of Fairgrounds OWNER ' s Contract No , ENGINEER ' s Contract No , ENGINEER : 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 II Lump Sum II Engineer' s Records ❑ Other : a Other: F By Change Order: ❑ By Change Order : Estimated increase ( decrease ) in Contract Price : Estimated increase ( decrease ) in Contract Times : $ Substantial Completion : days , Ready for Final Completion : days . If the change involves an increase , the estimated If the change involves an increase , the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature ) Date : Date . Date : * * END OF SECTION FAPublic Works\ENGINEERING DIVISION PROJECTS11047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim \bid documents\00948 - Work Change Directive REV 04-07 . doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO . SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS , 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 : \Public Works\ENGINEERING DIVISION PROJECTS\ 1047 - 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\DIVISION 1 GENERAL REQUIREMENTS . doc SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor , construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC - 6 . 02 . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : 4550 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 . 01009 - 1 01009 - Special Provisions FAPublic Works\ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\01009 - Special Provisions . doc SECTION 01024 FORCE ACCOUNT 1 . 1 General CONTRACTOR shall furnish all labor , materials , equipment and incidentals necessary to perform additional work not covered on the Contract Drawings . The force Account is intended as a contingency for unforeseen work . 1_1 PAYMENT A . Lump sum amount for force account work is included in the bid schedule . The value of force account work will be determined in accordance with Article 12 of the General Conditions . + + END OF SECTION + + 01024 - 1 F : APublic AForks\ENGINEERING DIVISION PROJECTS \ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\01024 - Force Account. doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor . B . Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . C . Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work . D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . F . Safeguard all points , stakes , grademarks , monuments and benchmarks made or established on the Work , and reestablish same , if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR . Do no excavation or embankment work until all cross - sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental . No separate payment will be made for surveying or engineering . 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A . Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR ' s acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . 1050 - 1 01050 Field Engineering F..\Public Work s\ENGINEER ING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2\l+dmim\bid docurnents\01050 - Field Engineering. doc B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR ' s work shall be replaced by a Florida Registered Land Sur. veyor and Mapper , at the CONTRACTOR Is expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work , the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract . C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper . D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. 1 . 3 STATION BOARDS A . CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet . 1 . 4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5 . 7 of FDOT Standard Specifications . + + END OF SECTION + + 1050 -2 01050 Field Engineering F .\Public WorksIENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Vadmim\bid documents\01050 - Field Engineering. doc SECTION 01091 REFERENCE STANDARDS 1 . 1 GENERAL A . Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization or body , it shall be construed to mean the latest standard , code , specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or when applicable laws , ordinances , rules , regulations or codes establish stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full . B . Reference to a technical society , organization , or body may be made in the Specifications by abbreviations , in accordance with the following list : AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Vadmim\bid documents\01091 - Reference Standards . doc CRSI Concrete Reinforcing Steel Institute FDEP/ DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/ DOT Florida Department of Transportation U . L . , Inc . Underwriter' s Laboratories , Inc . SSPC Steel Structures Painting Council SJRWMD St . Johns River Water Management District C . When no reference is made to a code , standard or specification , the standard specifications of ASTM , FDOT , or ANSI shall govern . D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevails . + + END OF SECTION + + 01091 - 2 01091 Reference Standards F \Public Works\ENGINEERING DIVISION PROJECTS \ 1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\1bid documents\01091 - Reference Standards . doc MOMMEMOMMOMMOMMi SECTION 01215 GENERAL QUALITY CONTROL 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Specific quality control requirements for the work are indicated throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term " Quality Control " includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A . Residual OWNER Responsibility : The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests . B . CONTRACTORS General Responsibility : No failure of test agencies , whether engaged by the OWNER or CONTRACTOR , to perform adequate inspections of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR , OWNER , ENGINEER , and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work . The program is not intended to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . 1 . 3 QUALITY ASSURANCE A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre -qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . 1A PRODUCT DELIVERY- STORAGE - HANDLING Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses ( and resulting delays ) , thereby ensuring highest quality results as the performance of the work 01215- 1 01215 General Quality Control F : \PublicWorks \ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents \01215 General Quality . doc progresses . Control delivery schedules so as to minimize unnecessary long -term storage at the project site prior to installation . 1 . 5 PROJECT PHOTOGRAPHS/VIDEOS A . The CONTRACTOR shall make provisions , at his expense , for photographs and video tapes of all work areas just prior to construction , and for unusual conditions during construction . The photographs and videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . B . Pre - Construction Photographs and Video : 1 . Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction . These photographs and videos shall be a standard DVD format and shall be narrated . 2 . The photographs and video shall include , but not be limited to , the following items shown in a clear manner: 1 ) All existing features within the right- of-way . 2 ) All existing features within the temporary construction easement . 3 ) All existing features within permanent easements . 4 ) All existing features adjacent to any construction . 3 . Detail of the photographs and video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . 2 ) Condition of fencing . 3 ) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7 ) Conditions of lighting and associated wiring . 8 ) Significant detail of any pre -existing damages physical features shall be shown . The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers . 9 ) These photographs and video record shall be presented to the Owner within 30 days of the Notice to Proceed . A copy shall be kept in the Contractor' s field office . 10 ) Payment — No additional payment will be made for this work . + + END OF SECTION + + 01215-2 01215 General Quality Control FAPublic Works\ENGINEER ING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim \bid documents101215 General Quality . doc SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . B . Place : CONTRACTOR ' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR B . SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER D . OWNER ' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders . 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off-site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220 - 1 01220 Progress Meetings F : \Public Works\ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Admimlbid 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 . Co 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 01310- 1 01310 Construction Schedule F : \PublicWorks\ENGINEERING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\01310 - Construction Schedule . doc payment . 1A 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 Be In the cover letter , instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . + + END OF SECTION + + 01310-2 01310 Construction Schedule F : \Public Works\ENGINEERING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\01310 - Construction Schedule . doc 01340 — Submittal of Shop Drawings 1 . 1 SCOPE A . Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Article 6 . 17 of the General Conditions , Section 00700 , and as described in this Section . 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor , supplier , or distributor , which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Article 6 . 17 , Section 00700 . B . Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings . 1 . 3 PRODUCT DATA A . Product data are manufacturer' s standard schematic drawings and manufacturer' s catalog sheets , brochures , diagrams , schedules , performance charts , illustrations , and other standard descriptive data . Product data are further defined in Article 6 . 17 , Section 00700 , B . Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project . C . Clearly mark catalog sheets , brochures , etc . , to identify pertinent materials , products , or models . 1 . 4 SAMPLES Samples are physical examples to illustrate materials , equipment , or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Article 6 . 17 , Section 00700 . 01340 - Submittal of Shop Drawings . doc 01340- 1 F \Public Works\ENGINEERING DIVISION PROJECTS\1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admim\bid documents \01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings 1 . 5 CONTRACTOR ' S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . The CONTRACTOR ' s responsibilities for submittal of shop drawings , product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . B . Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work . Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means , methods , techniques , sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTOR ' s responsibility . 1 . It is CONTRACTOR ' S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents . 2 . Incomplete or inadequate submittals will be returned for revision without review . Co The CONTRACTOR ' s responsibility for errors and omissions in submittals is not relieved by the ENGINEER ' s review of submittals . The CONTRACTOR shall approve the shop drawings based on his in -the-field measurements , prior to submittal to the ENGINEER for his review . D . Notify the ENGINEER , in writing at the time of submission , of deviations in submittals from the requirements of the Contract Documents , The CONTRACTOR ' s responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER 's review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER ' s stamp and initials or signature indicating the submittal has been reviewed . 01340 - Submittal of Shop Drawings . doc 01340-2 F: \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER ' S REVIEW FOR SHOP_ DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Engineering Division 1801 27th Street Vero Beach , FL 32960 B . A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER ' S Name 2 , Project Name 3 , Contract Number 4 , Transmittal Number 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 : \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2VAdmim\bid 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) Date Received Date Returned No . Copies Ret ' d F'] I R C Engineering Div . ❑ I R C Utilities Services Remarks : IRC Engineering Division Date Rec' d from Contractor Date Ret ' d to Contractor 1801 27th Street No . Copies Ret ' d Vero Beach , FI , 32960 Remarks : Distribution of Copies . IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings . doc 01340-4 F : \PublicWorks\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix " B " for the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six ( 6 ) copies of all submittals that are on 11 - inch by 17 - inch or smaller sheets ( no less than 8 1 /2 - inch x 11 - inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 - inch by 17 - inch . H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations . 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 , Not Approved I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected " . Three ( 3 ) prints or copies of the submittal will be returned to CONTRACTOR . J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order , ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . K . If a Shop Drawing marked "Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit . " L . If a submittal is unacceptable , three ( 3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . " Revise and Resubmit" 2 . " Not Approved " 01340 - Submittal of Shop Drawings . doc 01340-5 F: \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\01340 - Submittal of Shop Drawings - doc 01340 — Submittal of Shop Drawings M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner . P . ENGINEER will review and process all submittals promptly , but a reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved Shop Drawings to CONTRACTOR . Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other items requiring approval , will be back - charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER ' S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR . + + END OF SECTION + + 01340 - Submittal of Shop Drawings . doc 01340-6 F .\Publlc Works\ENGINEERING DIVISION PROJECTS \ 1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admim \bid documents \01340 - Submittal of Shop Drawings . doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . B . All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses , etc . , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all temporary water lines . 01520 - 1 FAPublic Works\ENGINEER ] NG DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \bid documents\01520 - Construction Facilities . doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B . TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather , spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + 01520 -2 F : \Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Mrnim \bid documents\01520 - Construction Facilities . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . B . In order to prevent damage , injury or loss , CONTRACTOR ' S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly , safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather , theft , breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment , except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway , right- of-way , or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work . CONTRACTOR Is responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 01541 - 1 F : \PublicWorks\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \ bid documents \01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . B . Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run - off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality . I . Coordinate Work in this Section with requirements of other sections herein . 1 . 4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2 ) days . 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 . 1 . 5 PROTECTION OF EXISTING STRUCTURES 01541 -2 FAPublicWorks\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \bid documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer , water , gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja . cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water , sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR ' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR Is failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR Is operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility , contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/restore utility service to the satisfaction of the appropriate utility . Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , the CONTRACTOR shall notify the owner or occupant , both before the interruption (24 - hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR shall obtain permission from their owner , or shall make suitable arrangement for their disconnection by their owner . 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent 01541 -3 F : \PublicWorks\ENGINEERING DIVISION PROJECTS \ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \bid documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 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 . 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 . 01541 -4 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \bid documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY B . Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer . This information is not guaranteed , however, and it shall be this CONTRACTOR ' s responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . B . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + 01541 - 5 F : \ PublicWorks\ENGINEERING DIVISION PROJECTS \ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim \ bid documents\01541 - Protection of Property . doc SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 1 . 1 GENERAL A . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions . B . Prevent interference with traffic and the OWNER ' s operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR ' s operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner . 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner . He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . 01550 Access Roads 01550 - 1 F : \Public Works \ENGINEERING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim\bid documents\01550 - Access Roads . doc SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 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 01550-2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim\bid documents\01550 - Access Roads . doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER ' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . 01610 - 1 FAPublic Works \ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\01610 - Transportation and Handling of Materials and Equipment . doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly . G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging . B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment . + + END OF SECTION + + 01610 -2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \bid documents \01610 - Transportation and Handling of Materials and Equipment . doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F : \Public Works\ENGINEERING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\01611 - Storage of Materials . doc SECTION 01630 SUBSTITUTIONS 1 . 1 GENERAL A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , " Substitutes and Or- Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents , 1 . 2 CONTRACTOR ' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer , fabricator , supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . B . For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating " or equivalent , " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR ' s option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 05 of General Conditions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer' s name and address . b . Manufacturer' s literature with product description , performance and test data , and reference standards . 01630 - 1 01630 Substitutions FAPublic Works\ENGINEERING DIVISION PROJECTS \1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\01630 - Substitutions . doc C , Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method specified . C . In making Request for Substitution , CONTRACTOR represents that : 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer , or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents , 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product , manufacturer , or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 3 . If the substitution will not require a more extensive review , Engineer will proceed with the review without additional cost to CONTRACTOR . 01630-2 01630 Substitutions FAPublic Works\ENGINEER ING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\01630 - Substitutions . doc 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR ' s expense additional data about the proposed substitute . H . Any redesign of structural members shall be performed by , and the plans signed and sealed by , a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR ' s expense . Any redesign will require an extensive review by the Engineer . The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner' s Engineer proceeding with the design review . The ENGINEER ' s hourly rate for review is $ 125 per hour . The ENGINEER ' s estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request . I . Engineer will be allowed a reasonable time within which to evaluate each proposed substitution . Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution . The CONTRACTOR shall not order , install , or utilize any substitution without either an executed Change Order or Engineer ' s notation on the reviewed shop drawing . Owner may require CONTRACTOR to furnish at CONTRACTOR ' s expense a special manufacturer' s performance guarantee (s ) or other surety with respect to any substitute and an indemnification by the CONTRACTOR . ENGINEER will record time required by Engineer and Engineer' s consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby . Whether or not a proposed substitute is sued , CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer' s consultants for evaluating each proposed substitute . J . Substitute materials or equipment may be proposed for acceptance in accordance with this Section . In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment , than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment . + + END OF SECTION + + 01630 - 3 01630 Substitutions FAPublic Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents \01630 - Substitutions . doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor , equipment , appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR ' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project , unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished , 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway , roadside , and landscaping work within any right-of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710 - 1 F \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\01710 - Site Cleanup . doc G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer . Follow the manufacturer' s directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and /or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710 -2 F : \Public Works\ENGINEERING DIVISION PROJECTS\1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Ndmim\bid documents\01710 - Site Cleanup . doc SECTION 01820 Post Final Inspection 1 . 1 GENERAL A . Approximately one year after Substantial Completion , the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection . B . Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13 , General Conditions . C . After the inspection , the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds . 001820 - Post Final Inspection . doc 001820 - 1 F. \Public Works\ENG INFER ING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2V\dr im\bid documents\001820 - Post Final lnspection. doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO , 00001 Technical Specifications SECTION NO . 00004 Scope of Work SECTION NO , 00101 Mobilization SECTION NO , 00104 Erosion and Water Pollution Control SECTION NO , 00108 Record Drawings/As - Built Drawings SECTION NO , 00110 Clearing and Grubbing SECTION NO , 00120 Excavation and Embankment SECTION NO . 00160 Stabilization SECTION NO , 00425 Inlets SECTION NO , 00430 Pipe Culvert Optional Material SECTION NO , 00570 Performance Turf SECTION NO . 00575 Queens & Washington Palms SECTION NO . 00700 Signing and Pavement Markings F ' \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2lAdmim\bid documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2- 08 . doc SECTION 1 - Technical Specifications STANDARD SPECIFICATIONS A . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2010 , and Supplemental Specification , Special Provisions and addenda thereto , except as modified and supplemented hereinafter. Reference to Article numbers herein - after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc . may refer to the " Owner" , " Department" , " State of Florida Department of Transportation " , or words relating to offices of State Government , such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word " Owner' s Engineer" , " District Engineer" , " Engineer" , " Project Engineer" , etc . , appears , it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department , Engineering Division acting directly or through duly authorized representatives . Wherever the word " Resident Engineer" appears , it shall be taken to mean an authorized representative of the Owner' s Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County , assigned to observe the progress quantity and quality of the work . The work to be performed per sheet Bid item 1643 - 700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of Utility Services , Water , Wastewater , Utility Standards Dated February , 2008 . The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings , Signing & Geometrics Dated July , 2011 . SECTION 4- SCOPE OF WORK Section 4 - 3 . 9 Value Engineering Incentive is deleted in its entirety . SECTION 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . ( 2010 Edition ) Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 101 - 1 - Mobilization - Lump Sum 01025- 1 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\Technical Specifications . doc SECTION NO , 104 EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE PART 1 — GENERAL 1 . 1 SCOPE A . This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area , to undeveloped portions of the site or off- site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area . C . The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project ' s construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted . If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary , in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector' s Manual , and other references as may be required by regulatory permits . ( http : //www . dep . state . fl . us . /water/ nonpoint/docs/erosion /erosion - inspectors - manual . pdo D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section . Alternatively , the OWNER may halt the CONTRACTOR ' s operations until the CONTRACTOR is in full compliance with this Section . If the OWNER halts the CONTRACTOR ' s work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with 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 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 01025 -2 Technical Specifications F : \PublicWorks\ENGINEERING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\Technical Specifications . doc 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 ceased , unless final landscaping has been installed . Polyacrylamide application shall be as specified herein . 01025 -3 Technical Specifications F : \Public Works \ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim\bid documents\Technical Specifications . doc D . Inspect each pollution control system at least once per day and after each rainfall event . Clean and maintain each pollution control system as required by its manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property , nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable owner , regulatory agency , and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 . 4 SUBMITTALS A . Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340 . B . Stormwater Pollution Prevention Plan . 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION AND MAINTENANCE A . State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance : Installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices . After installation , this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER ' s sole opinion , the devices are no longer necessary ( such time not to extend past the date the OWNER formally accepts the project as complete) . Before beginning construction , submit to Indian River County for review and approval , a Stormwater Pollution Prevention Plan ( SWPPP ) , prepared by the certified erosion control subcontractor . Construction shall not begin until the SWPPP has been approved by Indian River County . Submit the approved SWPPP to the ENGINEER before beginning construction . Include in the SWPPP , the " Contractor' s Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site ( located at the end of this Section ) . 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A . With respect to this Section and as may be further defined in paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D , " pollution " is the presence in off- site waters of any substances , contaminants , or manmade or human - induced impairment of off-site waters or 01025 -4 Technical Specifications F : \Public Works \ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\Technical Specifications . doc 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 ' s operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR ' s discharge point ( s ) is at least 29 nephelometric turbidity units ( NTUs ) higher than the turbidity of the background water upstream of the discharge point ( s ) . [ See Fla . Administrative Code 62 - 302 . 530] Exception : When the discharge is directly into or through an outfall discharging into " Outstanding Florida Waters , " designated by Florida Statute 403 . 061 (27 ) , the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water . The ENGINEER or OWNER shall determine the locations where the turbidity is measured . C . When the Discharge is not Directly Into an Existing Water Body Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly , such as after traveling through pipes or by overland flow . Before construction commences , the Contractor will measure background levels of total suspended solids (TSS ) and turbidity , in the immediate vicinity of the discharge water' s ultimate discharge point into the receiving water body . If the discharge water' s TSS and turbidity measurements exceed these pre-construction background values by 20 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 - 5 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim \bid documents\Technical Specifications . doc Chapter 298 Drainage District , as appropriate ) , and other pertinent regulatory or enforcement agencies . PART 2 - MATERIALS AND INSTALLATION 2 . 1 GENERAL A . Polyacrylamide : As required in Paragraph 1 . 3 . C , place polyacrylamide ( PAM ) on bare ground to reduce the potential for erosion . PAM may also be used in water bodies to remove turbidity . Use the anionic form of polyacrylamide that does not stick to fish gills . For PAM information and its proper application , contact Applied Polymer Systems , Inc . , ( 678 ) 494 - 5998 , www . siltstop . com . 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 per the manufacture ' s recommendations and as specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric . All supporting posts shall be on the down -slope side of the fencing . Place the bottom of the fabric 6 - inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Place silt fences away from the toe of slopes . Otherwise , install in accordance with FDOT Index No . 102 , 3 , Product : All material shall be new and unused . Use FDOT Types II through IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal ) or steeper, or as directed by the ENGINEER ; otherwise use FDOT Type III silt fence . ( a ) For FDOT Type III Silt Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence . U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre - attached to 48 - inch long stakes on 6 -foot centers . ( 1 - 800 -448 - 3636 ) . ( b ) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No . 102 . ( c) Or equivalent . C . Turbidity Barriers : 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc . 2 . Installation : Install per the manufacturer' s recommendations and per FDOT Index No . 103 unless directed otherwise by the ENGINEER . 3 , Product : All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow . a . Parker Systems , Inc . ( 1 - 866 -472 - 7537 ) , model Type II or Type I b . Or equivalent . D . Sedimentation Control From Dewatering or Pumping Operations Using Filter Bad 1 . Remove silt , sediment , and other particles from dewatering or pumping applications using a filter bag . The bag shall be manufactured using a 01025-6 Technical Specifications F : \PublicWorks\ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid 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 - 800448 - 3636 ) . b . " DANDY DEWATERING BAG " supplied by Dandy Products , Inc . ( 1 - 800 - 591 -2284 ) . C , Or equivalent . E . Curb Inlet Protection . 1 . Filter stormwater before it enters curb inlets . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . The length of the curb inlet filtration device shall be at least 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 0 ] 025 - 7 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid 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 by the polyacrylamide manufacturer/supplier . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 104 - 1 — Erosion & Water Pollution Control - Lump Sum [The remainder of this page was left blank intentionally] 0 ] 025 - 8 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2Wdmim \bid 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 . 1047 -2 for Indian River County Fairgrounds Phase 2 , Overflow and Vehicular Staging for Events of Fairgrounds STATE OF COUNTY OF Personally before me the undersigned authority , appeared who upon oath duly administered , stated as follows : 1 . This sworn statement is submitted by the CONTRACTOR , whose business address is applicable ) its Federal Identification No . ( FEIN ) is and ( if If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement : 2 . My name is and my relationship to the entity named above is 3 . 1 understand and agree that in addition to the Stormwater Management System Permit issued by Indian River County , CONTRACTOR is responsible for complying with the terms and conditions of the following as applicable to the site : a . State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities ( for projects one acre or larger) , b . Stormwater Pollution Prevention Plan ( regardless of project size ) , c . St . Johns River Water Management District permit( s ) ( regardless of project size ) , d . Florida Department of Environmental Protection permit ( s ) ( regardless of project size ) , e . All other permits required for this project not specifically listed herein , and f. All Codes and Ordinances of Indian River County . 4 . 1 understand that " pollution " as defined by Florida Statutes Chapter 403 . 031 ( 7 ) means : " . . . the presence in the outdoor atmosphere or waters of the state of any substances , contaminants , noise , or manmade or human - induced impairment of air or waters or alteration of the chemical , physical , biological , or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property or which unreasonably interfere with the enjoyment of life or property , including outdoor recreation unless authorized by applicable law . " 5 . 1 understand that in addition to the definition set forth in Item 5 above , " pollution " is also 0 ] 025 - 9 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\Technical Specifications . doc defined by paragraph 1 . 6 of Section 02225 of the Technical Specifications for this Project . 6 . 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes Ch . 403 . 141 and Ch . 403 . 161 and that there are other penalties listed in these Technical Specifications . I understand that CONTRACTOR may be liable for these and other 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 - 10 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS \ 1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid 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 . Be 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 . Be 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 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 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 - 11 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS \1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \bid 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 01025 - 12 Technical Specifications F : \PublicWorks\ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\Technical Specifications . doc destroyed and /or disturbed during the scope of the project shall be properly re - established as per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency ( s ) shall be notified in writing of disturbance and re -establishments . RECORD/AS - BUILTS DRAWINGS FORMAT - SUBMITTALL A . ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As - Built information . B . CONTRACTOR shall deliver seven ( 7 ) certified sets of Record /As - Builts with Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER . 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 . 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 — N . P . D . E . S . Permitting — Lump Sum 0102 - 13 Technical Specifications F : \PublicWorks\ENGINEERING DIVISION PROJECTS\1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid documents\Technical Specifications . doc Board of Professional Surveyors and Mappers As - Built Record Survey Checklist Lic . Name Date : 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 - 14 Technical Specifications FAPublic Works\ENGINEER ING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim\bid 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 61G17m 6 . 003 ( 3 ) ( p ) ( 2 . ) ( c ) F .A . C . ❑ ( e ) Intended Display Scale : All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: " This map is intended to be displayed at a scale of 1 /_ or smaller" . 01025 - 15 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admimlbid documents\Technical Specifications . doc 61G17 -6 . 004 Specific Survey , Map , and Report Requirements ( 1 ) As - Built/Record Survey : ❑ ( a ) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . ❑ ( b) Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . ❑ ( c ) All maps prepared shall meet applicable minimum technical standards . ❑ ( d ) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations . + + END OF SECTION + + 01025 - 16 Technical Specifications F \Public Works\ENGINEER ING DIVISION PROJECTS \1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admimlbid documents\Technical Specifications . doc SECTION NO . 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . ( 2010 ) with the following modifications : A . Prior to any clearing and grubbing , the contractor will stake the right- of-way . Unimproved areas shall be cleared of trees , logs , stumps , brush , vegetation , rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade . No stumps , roots , or perishable matter of any description shall remain under concrete slabs or footing , including pavement and sidewalks . B . No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved , after a review of the project site with the Contractor's representative . C . Where the final pavement or structural work will be close to existing trees , the Contractor shall exercise care in the vicinity of the trees . Further , the Contractor shall saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer or where shown on the drawings , work shall be done by hand in order to protect the trees . D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull hair or major root structures . All severed roots shall be sawn clean and paint with pruning paint . Stumps , roots , etc . , shall be completely removed and disposed of by the Contractor . Undesirable , dead , and /or damaged trees ( as so designated by the Engineer) shall be removed . E . All trees to be removed shall be disposed off site ; burning will be strictly prohibited . F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor . Where the removal of valuable trees or shrubs specifically for transplanting is required , this work shall be done in cooperation with the Owner and at no additional expense to the Owner . G . All items to be removed shall be excavated to their full depth . All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner . Those homeowners not desiring the culverts may donate them to the County free of charge . ( See Paragraph C , Special Provisions ) 01025- 17 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admimlbid documents\Technical Specifications . doc The Contractor shall transport the culverts to the County ' s storage yard . All metal castings for catch basins , manholes , or other structures shall be carefully removed and stored in the County ' s Storage Yard if they are deemed salvageable by the Engineer . The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner . Any culverts , structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor . Where required , suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground . The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications . H . No additional payment will be made , nor will additional work , or change orders be authorized for work needed to remove , relocate , protect , or otherwise account for in the construction of the work depicted in the plans , for any feature , or item that would be apparent from a careful inspection of the site and review of the plans , even though such feature or item is not specifically called out in the plans . It is therefore essential the contractor make such inspection and review . I . The unit price bid for this item shall include the cost of all labor , tools , and equipment necessary to excavate , remove , and dispose of those items as directed by the Engineer and where designated on the Drawings . The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item . Item of Payment Payment for the work specified in this item shall be made under : Bid Item 110 - 1 - 1 - Clearing and Grubbing - Lump Sum SECTION - 120 EXCAVATION AND EMBANKMENT A . Earthwork , including earthwork for drives outside the right- of-way limits , shall be paid for as embankment . Cost shall include all work specified in this section and Section 120 of the Standard Specifications . Such price and payment shall specifically include all cost of any roadway , lateral ditch or canal , and final dressing operations . B . Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , isolated swale bottom locations , isolated locations for pipe installations and as 01025- 18 Technical Specifications F : \Public Works\ENGINEER ING DIVISION PROJECTS\1047- 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admimlbicl documents\Technical Specifications . doc 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 . 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 — Earthwork & Grading (To include Regular Excavation & Embankment) — Per Lump Sum SECTION A60 STABILIZATION 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 - Type B Stabilization LBR40 ( 12 " ) - Per Square Yard SECTION - 425 - INLETS 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 ) . 01025 - 19 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS \1047 - 2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admim \bid documents\Technical Specifications . doc Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . : 425 - 1 - 521 — Inlet , Type " C " < 10 ' --,,-- Each SECTION 430 — PIPING 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 - 175 - 101A — Pipe Culvert ( Optional Material ) ( 18 " RCP ) — Per Linear Foot Bid Item No . 430 - 175 - 101 B — Pipe Culvert ( Optional Material ) ( 18 " CAP ) — Per Linear Foot 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 final acceptance . Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square ) indication of probable non survival or lack of health and vigor , or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer . All replacement sod shall be furnished /installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer : Commercial fertilizers shall comply with the state fertilizer laws . 01025 -20 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admimlbid documents\Technical Specifications . doc The numerical designations for fertilizer indicate the minimum percentages ( respectively) of ( 1 ) total nitrogen , (2 ) available phosphoric acid and ( 3 ) water- soluble potash contained in the fertilizer . The chemical designation of the fertilizer shall be 16 -4 - 8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur . The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570 - 5 and 2 . 34 . B . F . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner , at his discretion , may authorize the elimination of ground preparation . 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 % " 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 . 01025-21 Technical Specifications F :\PublicWorks\ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2 \Admim \bid documents\Technical Specifications . doc Sodding shall not be performed when weather and soil conditions are , in the Engineer' s opinion , unsuitable for proper results . Sod shall be placed around all structures , equipment pads , etc . I . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer , for optimum results . After being placed , the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter , the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days ( or until final acceptance , whichever is latest) . J . Maintenance : The Contractor shall , at his expense , maintain the sodded areas in a satisfactory condition until final acceptance of the project . Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily . Replanting or repair necessary due to the Contractor' s negligence , carelessness or failure to provide routine maintenance shall be at the Contractor' s expense . The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer . Grass height shall not exceed 6 " without mowing . Clippings shall be removed from sidewalk . K . Article 575 - 5 . The first two paragraphs under this Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod , fertilizer ( 2 applications ) , sidewalk sweeping after mowing , mowing , pegging disposal of clippings , water , tools , equipment , labor and all other incidentals necessary . L . Payment shall be made under : Item No . : 570 - 1 -2 — Performance Turf ( Bahia ) - Per Square Yard SECTION - 00575 QUEEN AND WASHINGTON PALMS The work specified in this item shall conform to FDOT Index #544 and Section 580 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . General Tree RELOCATION specifications : 12 each " Queen Palms " 15 each "Washington Palms " Trees are currently located at the southwest corner of 41 st on 66th Ave . The trees slated for removal will be selected by county staff ahead of time . The trees are being relocated to a new park entrance west of 58th Ave on 81St St . The trees placement has been identified 01025 -22 Technical Specifications F : \Public Works \ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admim \bid documents\Technical Specifications . doc on the plans . No tree is to be closer than 6 feet from edge of millings driveway . All trees appear to be less than 10 feet in height . REMOVAL 1 . Contractor will make sure all trees will be pruned in such a manner to provide for safe transport and in accordance to typical nursery practices . ( Binding included as applicable ) All debris will be removed from site and disposed of in a legal proper manner . 2 . Trees shall be removed by nursery owner and loaded onto Contractor' s vehicle for transport by Contractor to site . 3 . Trees , once removed , will be reinstalled within 72 hours . 4 . The trees are currently located at an existing operating nursery . The county has purchased the first five rows of trees . When loading of the trees , the access to the nursery cannot be blocked or used for staging . 5 . Contractor will coordinate the relocation of the palms with Owner and nursery owner . INSTALLATION 1 . Install trees in prepared holes . The holes must be a minimum of 8 " larger than the tree trunk at its base . 2 . For Initial "watering in " , treatment of soils with Milorganite and Mycorrhiza will be required 3 . Fertilize with Osmacote per manufacturers recommendation 12 - 12 - 12 , 6 month formula 4 . Staking of trees is NOT required . 5 . Fill around ball with sand to match existing ground . Build water retention ring equal to diameter of hole . 6 . Watering in will be required at time of planting . NO WATER is available on site . Watering is required once a day for first week . An additional watering Is required once a week thereafter for one month . (excluding rain events ) 7 . 3 " Pine Bark mulch ring on each tree is required . Mulch can be placed after initial watering has taken place but before payment . General note : We want a price per tree total installed with all the stipulations ' above . Additional trees from and to the same site may be added pending budget availability . This will be determined once quotes are reviewed . The minimum quantity is indentified above . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 575 - 1 - 2A Queen Palms — Each Bid Item No , 575 - 1 -213 Washington Palms — Each 01025 -23 Technical Specifications F : \PublicWorks\ENGINEERING DIVISION PROJECTS \ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 2\Admim \bid documents\Technical Specifications . doc SECTION - 00700 SIGNING AND PAVEMENT MARKINGS A . Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications ( 2010 ) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer ' s specifications . B . Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner' s Engineer or Resident Construction Inspector , the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4 " x 4 " . Item of Payment Payment for the work specified in this item shall be made under . Bid Item No . 700 -20 - 11 — Sign Single Post ( R1 - 1 ) — Per Assembly Bid Item No . 711 - 11 - 125 — Thermoplastic , Standard , White , Solid (24 " ) — Per Linear Foot Bid Item No . 711 - 11 -221 — Thermoplastic , Standard , Yellow , Solid (6 " ) — Per Linear Foot + + END OF SECTION + + 01025 - 24 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow & Vehicular Staging Phase 21Admim \bid documents\Technical Specifications . doc lop svuuad - V XIC NJ (IdVlsluamn� op p ! 9\uutupV\Z oseyd 2ui 'OmS lelnoiyan N n" odIanO spunol3ned 3NI Z- LVOI \S.L )AfO Id NOISIAICI DN [ 2iTINMN[ I\sj. hoM otI9nd\ d sl ! Lwod-V xtpuaddV SlIWN3d X , XIaN3ddV ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 321784429 PERMIT NO . 40- 061- 86397 -4 DATE ISSUED : December 19 , 2011 PROJECT NAME : IRC Fairgrounds Add Outdoor Storage Area Phase II . IRC A PERMIT AUTHORIZING : Construction of a Surface Water Management System with stormwater treatment by dry retention for IRC Fairgrounds Add Outdoor Storage Area Phase II , IRC , a 2 . 81 - acre project to be constructed as per plans received by the District on December 2 , 2011 . LOCATION : Section (s) : 32 Township (s) : 31S Range (s) : 39E Indian River County ISSUED TO : Indian River County , Bd of County Commissioners 1801 27th St Bldg A Vero Beach , FL 32960 Permittee agrees to hold and save the St . Johns River Water Management District and its successors harmless from any and all damages , claims , or liabilities which may arise from permit issuance . Said application , including all plans and specifications attached thereto , is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein , nor relieve the permittee from complying with any law , regulation or requirement affecting the rights of other bodies or agencies . All structures and works installed by permittee hereunder shall remain the property of the permittee . This permit may be revoked , modified or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes : PERMIT IS CONDITIONED UPON : See conditions on attached " Exhibit A" , dated December 19 , 2011 AUTHORIZED BY : St . Johns River Water Management District Division of Regulatory Services By : (AA =- John Juilianna Service Center Director " EXHIBIT A " CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40- 061- 863974 Indian River County, Bd of County Commissioners DATED DECEMBER 19, 2011 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 an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system , such easement or deed restriction , together with any other final operation or maintenance documents as are required by subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant' s Handbook: Management and Storage of Surface Waters , must be submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant' s Handbook will be approved . Deed restrictions , easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system , or upon completion of construction of the system , whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities , final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity . Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system . 9 . Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system . Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity . 10 . Within 30 days after completion of construction of the permitted system , or independent portion of the system , the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C- 1 . 181 ( 13) or 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 form shall serve to notify the District that the system is ready for inspection . The statement of completion and certification shall be based on on -site observation of construction (conducted by the registered professional engineer , or other appropriate individual as authorized by law , or under his or her direct supervision) or review of as- built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications . As - built drawings shall be the permitted drawings revised to reflect any changes made during construction . Both the original and any revised specifications must be clearly shown . The plans must be clearly labeled as " as - built" or " record " drawing . All 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 submitted the appropriate As- Built Certification Form , the District determines the system to be in compliance with the permitted plans , and the entity approved by the District in accordance with subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant's Handbook : Management and Storage of Surface Waters , accepts responsibility for operation and maintenance of the system . The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective . Following inspection and approval of the permitted system by the District , the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity , if different from the permittee . Until the permit is transferred pursuant to section 7 . 1 of the Applicant's Handbook : Management and Storage of Surface Waters , the permittee shall be liable for compliance with the terms of the permit . 12 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the. District of the changes prior implementation so that a determination can be 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 . This permit for construction will expire five years from the date of issuance . 21 . At a minimum , all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities . To prevent reduction in storage volume and percolation rates , all accumulated sediment must be removed from the storage area prior to final grading and stabilization . 22 . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion , siltation , scouring or excess turbidity , and dewatering . 23 . Prior to construction , the permittee must clearly designate the limits of construction on - site . The permittee must advise the contractor that any work outside the limits of construction , including clearing , may be a violation of this permit . 24 . The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted . The operation and maintenance entity must maintain a record of each required inspection , including the date of the inspection , the name , address , and telephone number of the inspector, and whether the system was functioning as designed and permitted , and make such record available for inspection upon request by the District during normal business hours . If at any time the system is not functioning as designed and permitted , then within 14 days the entity shall submit an Exceptions Report to the District , on form number 40C - 42 . 900 (6) , Exceptions Report for Stormwater Management Systems Out of Compliance . 25 . This project must be constructed and operated in accordance with the plans received by the District on December 2 , 2011 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 (@sjrwmd . 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 parry 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 floridaswater . 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. NOR . DOC . 001 Revised 7/27/09 Notice Of Rights CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Rights has been sent to the permittee : Indian River County , Bd of County Commissioners 1801 27th St Bldg A Vero Beach , FL 32960 This 19th day of December , 2011 , Victor Castro , Director Bureau of Regulatory Support St . Johns River Water Management District 4049 Reid Street Palatka , FL 32177 (386) 329 - 4570 Permit Number : 40- 061- 86397-4 NOTICING INFORMATION Dear Permittee : Please be advised that the St . Johns River Water Management District has not published a notice in the newspaper advising the public that it has issued a permit for this project . Newspaper publication , using the District' s form , notifies members of the public of their right to challenge the issuance of the permit . If proper notice is given by newspaper publication , then there is a 21- day time limit to file a petition challenging the issuance of the permit . To close the point of entry for filing a petition , you may publish (at your own expense) a one -time notice of the District' s decision in a newspaper of general circulation within the affected area as defined in Section 50 . 011 of the Florida Statutes . If you do not publish a newspaper notice , the time to challenge the issuance of your permit will not expire . A copy of the notice and a partial list of newspapers of general circulation are attached for your convenience . However , you are not limited to those listed newspapers . If you choose to close the point of entry and the notice is published , the newspaper will return to you an affidavit as proof of publication . Please submit this original affidavit of publication to : Victor Castro , Director Bureau of Regulatory Support 4049 Reid Street Palatka, FL 32177 If you have any questions , please contact the Bureau of Regulatory Support at (386) 329 -4570 . Sincerely , : 9 Victor Castro , Director Bureau of Regulatory Support 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 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 ( F . A . C . ) , the petition must be filed ( received) either by delivery at the office of the District Clerk at District Headquarters , P . O . Box 1429 , Palatka FL 32178 - 1429 (4049 Reid St, Palatka, FL 32177) or by e - mail with the District Clerk at Clerk@sjrwmd . 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 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 ( F . S . ) , and Chapter 28 - 106 , F . A : C , The District will not accept a petition sent by facsimile (fax) . Mediation pursuant to Section 120 . 573 , F . S . , is not available . 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 a. m . — 5 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 a. m . on the next regular District 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 floridaswater . 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 (fax) is prohibited and shall not constitute filing . 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 . 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 , F. A . C . ) . If you wish to do so , please visit http : //floridaswater . com/noticeofrights/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District's intended decision ( s) on the permit application (s) described above . You can also request the Notice of Rights by contacting the Director , Bureau of Regulatory Support ( RS) , 4049 Reid St . , Palatka, FL 32177- 2529 , tele . no . (366) 329-4570 . NEWSPAPER ADVERTISING ALACHUA BAKER The Alachua County Record , Legal Advertising Baker County Press , Legal Advertising P . O . Box 806 P . O . Box 598 Gainesville , FL 32602 Maclenny , FL 32063 352- 377- 2444/ fax 352-338 - 1986 904- 259- 2400/ fax 904- 259 - 6502 BRAFORD BREVARD Bradford County Telegraph , Legal Advertising Florida Today , Legal Advertising P . O . Drawer A P . O . Box 419000 Starke , FL 32901 Melbourne , FL 32941- 9000 904- 964- 6305/ fax 904- 964- 8628 321- 242- 3832/ fax 321- 242- 6618 CLAY DUVAL Clay Today , Legal Advertising Daily Record , Legal Advertising 1560 Kinsley Ave . , Suite 1 P . O . Box 1769 Orange Park , FL 32073 Jacksonville , FL 32201 904- 264- 3200/ fax 904- 264- 3285 904- 356 - 2466 / fax 904- 353 - 2628 FLAGLER INDIAN RIVER Flagler Tribune , c/o News Journal Vero Beach Press Journal , Legal Advertising P . O . Box 2831 P . O . Box 1268 Daytona Beach , FL 32120- 2831 Vero Beach , FL 32961- 1268 386 - 681- 2322 772- 221-4282/ fax 772- 978 -2340 LAKE MARION Daily Commercial , Legal Advertising Ocala Star Banner , Legal Advertising P . O . Drawer 490007 2121 SW 19th Avenue Road Leesburg , FL 34749 Ocala, FL 34474 352- 365 - 8235/fax 352- 365 - 1951 352- 867-4010/fax 352- 867-4126 NASSAU OKEECHOBEE News - Leader , Legal Advertising Okeechobee News , Legal Advertising P . O . Box 766 P . O . Box 639 Fernandina Beach , FL 32035 Okeechobee , FL 34973 - 0639 904- 261- 3696/fax 904- 261- 3698 863 -763- 3134/fax 863 -763 - 5901 ORANGE OSCEOLA Sentinel Communications , Legal Advertising Little Sentinel , Legal Advertising 633 N . Orange Avenue 633 N . Orange Avenue Orlando , FL 32801 Orlando , FL 32801 407- 420- 5160/ fax 407 - 420- 5011 407 - 420- 5160/ fax 407-420- 5011 PUTNAM ST. JOHNS Palatka Daily News , Legal Advertising St , Augustine Record , Legal Advertising P . O . Box 777 P . O . Box 1630 Palatka , FL 32178 St, Augustine , FL 32085 386 - 312- 5200/ fax 386 - 312 -5209 904- 819 - 3436 SEMI NOL E VOL USIA Seminole Herald , Legal Advertising News Journal Corporation , Legal Advertising 300 North French Avenue P . O . Box 2831 Sanford , FL 32771 Daytona Beach , FL 32120 - 2831 407 - 323 - 9408 (386) 681- 2322 APPENDIX ` B ' CHAPTER 4 " BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL " FLORIDA EROSION & SEDIMENT CONTROL INSPECTOR ' S MANUAL CONTRACTOR TO REFER TO THE WEB SITE LISTED BELOW http • //www dep state fl us /water/ nonpoint/docs/erosion /erosion - inspectors - manuaLpdf APPENDIX B - CHAPTER 4 BEST MANAGEMENT PRACTICES . doc F :APublic Works\ENGINEERING DIVISION PROJECTS\ 1047 -2 IRC Fairgrounds Overflow & Vehicular Staffing Phase 2\Admim\bid documents\APPENDIX 13 - Cl JA pr 413EST MANAGEMENT PRACTICES _ doc