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2011-226B
me m.11 11 'v I,, 0ICv1 - 11111 III , , I 1 - 4 s14 Y Ij Wks A � ORI VOLUMEI CONTRACT DOCUMENTS AND SPECIFICATIONS FOR OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM 381" LANE TO 651" STREET BID NO . 2011045 PROJECT NO . 0845 FM NO . 423186 = 1 - 58 -01 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA BOB SOLARI , CHAIRMAN GARY C . WHEELER , VICE CHAIRMAN ' COMMISSIONER PETER D . O ' BRYAN ;i r COMMISSIONER WESLEY S . DAVIS : k COMMISSIONER JOSEPH E . FLESCHER JOSEPH A , BAIRD , Cr` " NTY ADMINISTRATOR ?t JEFFREY K . BARTON , CLERK OF COURT ALAN S , POLACKWICH , SR , , COUNTY ATTORNEY CHRISTOPHER R , MORA , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J , KAFER , JR , , P . E . , COUNTY ENGINEER ' MICHAEL D . NIXON , P . E . , ROADWAY PRODUCTION MANAGER 00001 - Project Title Page REV 04-07 , doc 00001 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00001 - Project Title Page - REV 04-07 . doc IF I IF I IF F IFF Z4� 77 1 ' n , % I - i- 'I 4. F IFIF ; - - , ,+,qr '3 .'?as - *', _ _ _ ' ,.`'„-•. '-;. :'±. s ,a` ^` "4 ' .�%..,"`�„ ,.. , '� a,.,;. .t` t'�.I;R :'"+` , TABLE OF CONTENTS VOLUME Section No . Title DIVISION 0 - BIDDING DOCUMENTS , CONTRACT FORMS , AND CONDITIONS OF THE IF 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 00470 DBE Forms 00472 Non - Collusion Affidavit 00474 Certificate Regarding Lobbying 00476 Certificate Regarding Debarment 00490 Certification of Non Segregation & Non Discrimination 00492 Buy America Certificate of Compliance 00494 Drug Free Workplace Certification 00946 LAP Certification of Capacity / Status of Contracts on Hand 00500 Certification of Sublet Work CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed IF FI 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 00010 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk JS1 _69th ( LAP )\Adn bid documents\00010 - Table of Contents - REV 04-07 . doc IF FFI I FIN fa _ . y 1 5 � , � . , 1 , .. . . 9, r . . . OWN sm a x �. Y . ii Z - .. x to ,r r ? * ,, 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 DIVISION 1 = GENERAL REQUIREMENTS APPENDIX A - FEDERAL REQUIRED CONTRACT PROVISIONS APPENDIX B = PERMITS APPENDIX C — FHWA- 1273 VOLUME II SPECIFICATIONS PACKAGE ( by FDOT) + + END OF TABLE OF CONTENTS + + 00010 -2 F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\0845-01d Dixie Hwy Sidewalk US1 69th ( LAP )\Admim\bid documents\00010 - Table of Contents - REV 04-07 .doc 77777 14 IT TI, Z�g -IT I 4C I 11 T o� TIT 1 11`�':. ,�' ;"" r'- ,= + ,. . ,�.. r � �`' ,�.I,. w z �i, w . mti �s . € ;; ;= a �, ?,. - s, µ , r z _. % In IT . , a „ \ .e < - 14 SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27th Street Vero Beach, Florida 32960 A oGZ V LORD Telephone : ( 772 ) 567 - 8000 FAX : ( 772 ) 770 - 5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 P . M . on Wednesday , June 1 , 2011 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "Old Dixie Highway Sidewalk Improvement Proiect" & Bid No . 2011045 . Bids should be addressed to Purchasing Division , 1800 27th Street , Vero Beach , Florida 32960 . All bids will be opened publicly and read aloud at 2 : 00 P . M . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 0845 INDIAN RIVER COUNTY BID NO. 2011045 PROJECT DESCRIPTION: The project will consist of construction of a 5 ' wide concrete sidewalk , on the east side of Old Dixie Highway from Sta . 21 + 00 to 204 + 00 ( 38th Ln . to 65th St . ) , drainage improvements and construction of a pedestrian bridge over the Indian River Farms Water Control District ' s North Relief Canal 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 $ 100. 00 for each set, which represents cost of printing and handling, which is non-refundable. Communications concerning this bid shall be directed to IRC Purchasing Division at purchasingC@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 i n 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:APublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk USI —69th (LAP)\Adnum\bid documents\00100 - Advertisement for Bids REV 04-07 . doc Ir RW 77 �Wx It ee 41 1 I LJ Ie It Iv Ib K I '� 'ky 3. 3. 7 h K ,. # , ? . t ;� tIt s, tS k , : 4 q,„, ,,;tt k@d�� �* y tF?IL ,T . It 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 . All Bidders must be Prequalified in accordance with Section 2- 1 of the FDOT Standard Specifications for Road and Bridge Construction 2010 Edition . 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 . The County will not reimburse any Bidder for bid preparation costs . A MANDATORY Pre- Bid Conference will be held on May 13 , 2011 at 10 : 00 A . M . , in conference room A1 -303 in Building "A" of the Indian River County Administration Building located at 1801 27th Street , Vero Beach , Florida 32960 . ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS MANDATORY. INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : April 29 , 2011 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building " B " Vero Beach , FL 32960 * * END OF SECTION 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 2 F:APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Old Dixie Hwy Sidewalk USI _69th (LAP)AAdmirntid documents\00100 - Advertisement for Bids REV 04-07. doc � . . _ NEW FIR SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No . - Title Page ARTICLE 1 — DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 was COPIES OF BIDDING DOCUMENTS . , . mammas mammas 0 0 a a 0 a a 0 0 a a a a 0 a a a a a a 0 0 a 0 0 1 a ARTICLE 3 — QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 — PRE — BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 NEW SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 8 — BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 — CONTRACT TIMES . , , , , & mammas 0 0 ass . . . . . . 5 ARTICLE 10 — LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 — SUBSTITUTE AND " OR— EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 12 — SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . I I moseemm * 6 ARTICLE 13 — PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 We BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 15 — SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID , ' , , , If so % nonseeffiede a boposspo % ma mseeffift . . . . . * 404 9 ARTICLE 17 — OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 — CONTRACT SECURITY AND INSURANCE . . . . . . . . . " I I I I " Oomassam son 6600 & WE Saone woos * * . . . . . . 10 ARTICLE 21 — SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 00200 - Instructions to Bidders REV 04-07 . doc 00200 - i F .\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th (LAP )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07. doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ContractTimes . 6 a 4 6 9 a 0 a 0 a 2 a a I 1 6 1 1 1 4 1 P a 9 0 0 0 0 0 0 0 6 a 0 smossm 0 ammasaffiffiffiffi * 1 I Immesseem * Moshe * a a a a a a 6 a a * 0 0 0 a a a a a a . . . V a a a a 0 0 0 a a a a a a I I I 1 4 a 4 a a a a a 00 9 Copiesof Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . , . , , a move man a 4 0 a a a & 4 Interpretationsand Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Pre- Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders , , mammas 0 0 9 0 a a a a 0 a I a a a 9 0 0 a 0 0 0 a 6 6 a 0 a a am a a 0 0 0 a 0 a 2 a d I I 1 0 a 9 a a 0 0 a a a a a a a 6 0 . . . a a , I a a a 0 a 0 a a 0 0 0 a 0 0 a * a a 0 0 a a a a a a a a a a * 0 03 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or " Or- Equal " Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 IS Instructions to Bidders REV 04-07 . doc 00200 - ii F:\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th (LAP)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc -.=--1qPK1RWI ell 1 4k 1V I IF t $ `l . s FI �,' ; 4FIF 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 . IF 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 . 2003FIX 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 licenseIF 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 theIF OWNER . D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 3 . 02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 1 I FF FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc FIN Ffi-WFF:'IF 7IFIe § IF FFFFJIF IF IF . : ,,. , . . . . . .. ,. .. , €-� " , . < < . , , Itv 0777 17 x $ + _ { i It) LQ FI ' to «> ' - aIt I ZI a A r 4 1 . ,, . , It , . , "� Fu 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 It Hazardous Environmental Condition identified at the Site , if any , that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any , and possible changes in 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc F .5 IQ w'' A*QtIc � fir, }ia Y K A,,, fQIItt .T 'Q IIQw . ' -T :L § 'F ¢ a the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions . 4 . 05 Upon a request directed to the ENGINEER ( Michael D . Nixon , P . E . 772-226 - 1986 ) , OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 Reference is made to Article 7 of the General Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors ) that relates to the Work for which a Bid is to be submitted . On request , OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price ) for such other work . 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : A . Examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER ( MICHAEL D . NIXON , P . E . , (772) 226-1986) TO MAKE ARRANGEMENTS IN ADVANCE , AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK ; C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost , progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (overhead , surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; 00200 - 3 00200 - Instructions to Bidders REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc y% t 4 " ell !f ell & ell 4771t 14I ellY I II ell I ell g £ k 1 It IL i fl R11 1 ill I { . le - It ,K� »a17 it f I e _ ;",. e ,a G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE- BID CONFERENCE 5 . 01 The date , time , and location for a MANDATORY Pre- Bid conference , if any, are specified in the Advertisement for Bids . Representatives of OWNER and ENGINEER will be present to discuss the Project . Bidders are REQUIRED to attend and participate in the conference . ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary orarY construction facilities co nstruction equipment , or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents , ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions 00200 - 4 00200 - Instructions to Bidders REV 04-07 . doc F : \Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc 71 t -7777 it I ' 5 it II I to It k W. . . I it I I it . r. .• . h ., r . . -� .- , � .: ,. - � . . _ . ,ems... .,, . . . _ . . . . IF I rr + :x ; riIII IF 11 Fly I IF y IF ZZ . . _ , . ,IF I , . IF IF IF% F- F � � . yaFe IFFFe answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect . 7 . 02 Addenda may be issued to clarify, correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . ARTICLE 8 - BID SECURITY 8 . 01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check ; cashier's check ; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 01 of the General Conditions . The Bid Bond shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies " as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney- in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person 's authority as Power of Attorney in the State of Florida . Further , at the time of execution of the Contract , the Successful Bidder shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304 - 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions . 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening , whereupon Bid Security furnished by such Bidders will be returned . 8 . 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be (a ) Substantially Completed and ( b ) also completed and ready for final payment are set forth in the Agreement . ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any , are set forth in the Agreement . 00200 - 5 00200 - Instructions to Bidders REV 04-07 . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc IF I; IF FIX IF F IF IF I LF IF IF Fe I IF IF I IF I IF � , I AM Y:IF V, .. �, ., �� YV IF I YF, IF . i - , _ _ . �;. , . .A r � ' ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL " ITEMS 11 . 01 The Contract , if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or " or-equal " items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER , application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement . The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements , ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement , the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER . If OWNER or ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity, OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office , 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable " entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate 00200 - 6 00200 - Instructions to Bidders REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 69th ( LAP)\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc s 3,� .x �'* " s'g t` jekl -4 seal shall be affixed and attested by the secretary or an assistant secretary . The corporate address and state of incorporation shall be shown below the signature . 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature ) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 . 06 A Bid by an individual shall show the Bidder's name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13 . 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract . Bidder's state contractor license number or county registration number for the state or county of the Project, if any , shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS 14 . 01 Unit Price A . Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any , named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . 14 . 03 The Bidder' s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or 00200 - 7 00200 - Instructions to Bidders REV 04-07 . doc F : \Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 69th ( LAP )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc NA I 11, 11"s. s _ w ^+wT �,�a 3 ..�. , ";5 .ms f ,� i Ilk Ilk, 999 61 y ► •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 . 1 ARTICLE 15 - SUBMITTAL OF BID /� r V _ ! i 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : �. Required Bid security in the form of 6a %2 ; Itemized Bid Schedule ; eSworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships; DSworn Statement Under the Florida Trench Safety Act; Qualifications Questionnaire ; List of Subcontractors ; O DBE Affirmation Action Plan ,/Construction Contractors Bid Opportunity List; ko Non-collusion Affidavit; J Certificate Regarding Lobbying ; K/Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion — Primary Covered Transactions ; `C Certification of Non Segregation & Non Discrimination ; and U! Buy America Certificate of Compliance . Drug free Workplace Certification . LAP Certification of Capacity / Status of Contracts on Hand Certification of Sublet Work 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title and Bid No . (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 . 00200 - Instructions to Bidders REV 04-07 .doc 00200 - 8 FAPublic Warks\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1_69th (LAP)\Admlm\bid documents\00200 - Instructions to Bidders REV 04-07.doc 71 In In In I In I -k r - a . Ne In 41 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 In 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non- responsive , read aloud publicly . An abstract of the amounts of the base Bids and major alternates , if any , will be made available to Bidders after the opening of Bids . ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may , in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non -responsible . OWNER 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 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 9 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc 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 lowest , responsive , responsible Bidder. 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 Bonds and insurance . When the Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bonds , unless the Bonds have been waived due to the total contract being less than $ 50 , 000 . ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15 ) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER . 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . * * END OF SECTION 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 10 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Ofd Dixie Hwy Sidewalk USI-69th ( LAP )Wdmim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc lee 41 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 DBE Forms 00470 Non - Collusion Affidavit 00472 Certificate Regarding Lobbying 00474 Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion —Primary Covered Transactions 00476 Certification of Non Segregation & Non Discrimination 00490 Buy America Certificate of Compliance 00492 Drug Free Workplace Certification 00494 LAP Certification of Capacity / Status of Contracts on Hand 00496 Certification of Sublet Work 00500 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * END OF SECTION 00300 - Bid Package Contents - REV 04-07 . doc 003001 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00300 - Bid Package Contents - REV 04-07 . doc 77 t SECTION 00310 - Bid Form PROJECT IDENTIFICATION : Project Name : Did Dixie Hiway Sidewalk Improvements from 38 " Ln . to 65 St. County Project Number: 0845 Bid Number: 2011045 Project Address : Old Dixie Highway from 38h Ln . to 65 St. Project Description : The project will consist of construction of a 5 ' wide concrete sidewalk on the east side of Old Dixie Highway from Sta . 21 +00 to 204+ 00 ( 381h Ln . to 65 h St. ) , drainage improvements and construction of a pedestrian bridge over the Indian River Farms Water Control District's North Relief Canal THIS BID iS SUBMITTED TO : INDIAN RIVER COUNTY PURCHASING DIVISION 180027 1h Street VERO BEACH , FLORIDA 32960 1 . 01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with OWNER in the form included in the Bidding . Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents . 2 . 01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . Addendum Date Addendum Number 5�2 `f Il Mden m An , I Be Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work . 1 C. Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost, progress and performance of the Work. 00310 - Bid Form REV 04-07.doc 00310-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dbde Hwy Sidewalk U31 _69th (LAP)\Admlm\bld documen ts\0031 0 - Bid Form REV 04-07.dcc D . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous nl UOU S t0 the Site I and all drawings wings 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 SupplementaryConditions as provided in paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions as provided in paragraph 4. 06 of the General Conditions . E . Bidder has obtained and carefully studied (or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies and data concerning conditions (surface , subsurface and Underground Facilities ) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto . F. Bidder does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price (s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents . G . Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents . H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents , and all additional examinations, investigations , explorations , tests , studies , and data with the Bidding Documents . I . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder. J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form REV 04-07.doc 00310-2 FAPublic Wo MENGINEERING DIVISION PROJECTS10845-Old Dixie Hwy Sidewalk US1 _691h (LAP )1Adm1mlbld documenls100310 - Bid Form REV 0"7.doc 111111wI111m,"I III v IN I IN IN 1W I 4 ITEMIZED BID SCHEDULE PROJECT NAME : OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM 38TH LANE TO 65TH STREET PROJECT NO./ BID NO . 0845 1 2011 045 FM . #4231861 -58-01 BIDDER'S NAME Item tda, . :; Its: r boa : I MINIMUM kt]tit :E2tlihtiUhif:Pr�c� SIDEWALK IMPROVEMENTS 101 - 1A MOBILI7ATION/DEMOBILIZATION LS 1 2z t{ 32 . do � 2Z � oV 102- 1A MAINTENANCE OF TRAFFIC LS 131is0U• o � 3 � SD� . ba PREVENTION , CONTROL & ABATEMENT OF EROSION AND 104-2A WATER POLLUSIONLS 1 2Q IIS p() 261 RS. ou 110- 1 -2A CLEARING AND GRUBBING LS 1 27 • p� 27 . 0b 110-7- 1A MAILBOX REMOVE AND RESET) EA 3 00275. � � Z�j , po 120- 1 REGULAR EXCAVATION CY 1 , 93fi j 4 . 05 120 6 EMBANKMENT CY 1 , 756 t 1 . 1;05 r> 13 433 .40 286- 1 TURNOUT CONSTRUCTION SY 2, 180 2(0 . 50 v 17D , bp 334- 1 - 13 SUPERPAVE ASPHALTIC CONCRETE TRAFFIC C TN 178 O kU7, SO J (9 i tis, o c > 400-1 CLASS NS CONCRETE GRAVITY WALLS CYq7l; S 00 Iv Zs . o 400- 1 -2 CLASS I CONCRETE ENDWALLS CY . 00 ( (425 1 -521 INLETS, DITCH BOTTOM TYPE "C" < 1p' EA � g3 . 43 13 g34. o 0 425- 1 -523 INLETS, DITCH BOTTOM TYPE "C" J BOTTOM <l0' EA 1 * Its 30401 S20 , 4 , 425-2-41 MANHOLES P-7 < l0' EA 3 425-5- 1 VALVE BOX, ADJUST EA 10 8291Li 430- 174- 11 PIPE CULVERT OPTIONAL MATERIAL ROUND 16" SD LF 88 22 . 9D PIPE CULVERT ( OPTIONAL MATERIAL) (OTHER-ELLIPTICAL ) 430- 17421 12"x18" SD LF 381 2y 7 3 q . 23L 3 PIPE CULVERT ( OPTIONAL MATERIAL ) (OTHER-ELLIPTICAL) 430- 174-21 14"x23 " SD LF 1 , 396 31 . 0 (0 4 3 ' SqG 430-98462 MITERED END SECTION OTHER ELLIPTICAL 12"x18" SD EA 4 $ 513 , 13 2, 054 , qz - 515-2-302 PEDESTRIAN/BICYCLE RAILING ALUMINUM 54" PICKET RAIL LF 1 , 587 4F (4 i - 5c) . $� 522112 CONCRETE SIDEWALK 6" THICK SY 89190 29 . 5 2q2 ?33 ,so 570- 1 -2 PERFORMANCE TURF SOD BAHIA LS 1 A> 2 ?r7SD . op 700-20-00 SINGLE POST SIGN RELOCATE EA 19 �$ . ao re „ GlS . ob 711 - 11 - 121 THERMOPLASTIC STANDARD WHITE SOLID 6 ” LF 21 � • 45 711 - 11 - 123 THERMOPLASTIC STANDARD WHITE SOLID 12" LF39080 1 . 95 00 (o . op 711 - 11 - 125 THERMOPLASTIC STANDARD WHITE SOLID 24" LF 11380 vp3 - 1 SS ( 75. 00 711 - 11 -221 THERMOPLASTIC STANDARD YELLOW SOLID ) (6 " ) LF 360 � S $� so 71 i - i 'r iTHERMOPLASTIC REMOVAL SF 200 2 5D SDO . oD I SIDEWALK IMPROVEMENTS SUBTOTAL 527. 3$.SZ F.Tublc WortstENMNEFRINC DMS1014 PROJECTS O"54 Id Dbh HWY Sldew k US l.691hj AP)Admh"lbld dncLOMtstlletrd;ed 61d5che ms 9-17-2DiD.ds 00310-3 ITEMIZED BID SCHEDULE I PROJECT NAME : OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM 38TH LANE TO 65TH STREET PROJECT NO ./ BID NO . 0845 / 2011045 FM • #423186-148-01 BIDDER'S NAME It>�ri ` Na . . ;:; ; Descri' Non . . ,. . . . . . . . .. , :. . . . 4fnif QuaaEi 1lnt4;PriGg .Arfi uo ,. PEDESTRIAN BRIDGE BR- 1 PREFABRICATED BRIDGE 8'-0" x 105'-0" FURNISH 8t INSTALL LS 1 ( lel Z . Dco I19220 . oa 110- 3 WING WALL MODICATION 2 LOCATIONS LS 1 � tS • oD8 �q�t5 . ° o 120-6 EMBANKMENT Cyl 450 V15 v4 11 -620 ;b 339- 1 MISCELLANEOUS ASPHALT TN 11 313��5 • p0 2 635 . tro 400-2-4 SUPERSTRUCTURE CONCRETE DECK CLASS I1 CY 10 r l 5o . oo jp ( Z Soo. Oo 400-2-5 END BENT CLASS II CONCRETE CY 8 ( C'15 . oo 8t6o�• 0Q 415- 1 -5 END BENT REINFORCING STEEL LBS 11024 3 So 3 564 • oD 455-34-2 14" FDOT SQUARE PILING LF 140 � � 00 4 ( 9640-0 536- 1 - 1 GUARDRAIL LF 125 40( .t r, # 91204625 536-73 GUARDRAIL REMOVAL LF 130 vi 050 9ZS. O b 536-85-24 ET-2000 LET EAI 2 21' SD . DO PEDESTRIAN BRIDGE SUBTOTAL g" W7.15 BOX CULVERT EXTENSIONS 400-4-2 CLASS IV CONCRETE FOR ENDWALLS CY 11 t Q D9• • vo 9 � � 9 , o-v 400-425 CLASS IV CONCRETE FOR FOOTING CY 12 6� 1 • �t S 8 k g ( • od CLASS IV CONCRETE ( BETWEEN EXIST. AND PROPOSED BOX 4004 CULVERT) CY 4 $ I i3 ,2S *7313, 00 4004 CLASS IV CONCRETE AT ENDS OF PROPOSED BOX CULVERT CY 4 ( 1 SL(3 .25 7 373 . o u 410-70-284 PRECAST BOX CULVERT EXTENSION 32"x4B" 1 LF 13 V 4! 61 .�{ S 711 Dz . `s 410"70F,,284i PRECAST BOX CULVERT EXTENSION 32"x48" 1 LF 14 �� • � S 7 � 1Z- � 410-70-285 IPRECAST BOX CULVERT EXTENSION 33 "x60" A2 AT 12'-0" LONG LF 24 6� 4 • o � 4� 15 , q ` . Ll 415- 1 - 1 IRE,,,, INFORCING STEEL FOR ALL CLASS IV CONCRETE LBS 1 , 210 BOX CULVERT EXTENSIONS SUBTOTAL $ 7 Rol , (p `1 MISCELLANEOUS 4 108- 1 CONSTRUCTION LAYOUT/RECORD DRAWINGS LS 1 v. w 0 ,7 2m 0-0 108-2 SURVEY CONTROL INSTALURE- ESTABLISH LS 1 2 / zsbvo�, - PO 801 TRENCH SAFETY COMPLIANCE OVER 5' SEE SEC. 00454 LS 1 3 9[b , oa 4r4966 ' 00 802 TRENCH SAFETY COMPLIANCE SHORING SEE SEC, 00454 LS 1 �(� . DU al 6C/ � _ v- 0 MISCELLANEOUS SUBTOTAL # -36636 • DO OVERALL PROJECT TOTAL 11 , 12OLmolfe LS = Lump Sum LF = Linear Foot EA = Each AS = Assembly SY = Square Yard LBS = POUNDS SF = Square Feet CY = Cubic Yards TN = TONS F1Puhic W odale4GP4EERi WG DIVISION PROJECTSt0545ZW Dixie Hwy SldavcA LIST 5901 ItAPMdMmW Id doc"mantstliand<ad BId Scfiaduio 9.17-2010.xh 003104 ITEMIZED BID SCHEDULE PROJECT NAME: OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM 38TH LANE TO 65TH STREET PROJECT NO ./ BID NO. 084512011045 FM . #423186-1 -58-01 BIDDER'S NAME a— ol 117 11 mp lltizlf F2uapN i UnwP�ce .;A. mocert PROJECT TOTAL : PROJECT TOTAL (IN WORDS ) _ OPC M I w oO d►.. kkwoAeA TJX4%N TAOUS N b Fou rc uUNon en SeMAA:l t. h N l #kx i - S I x Cents FORCE ACCOUNT : $ 50 , 000 . 00 FORCE ACCOUNT ( IN WORDS ) FIFTY-THOUSAND DOLLARS AND NO CENTS TOTAL PROJECT BID AMOUNT INCLUDING FORCE ACCOUNT : $ TOTAL PROJECT BID AMOUT (IN WORDS) : L1.J, M i k #, br, VPt Rsxwwn 55Aiu 'Ikw,. cy, TD k eou,2. kvwNetie�o Se.J An r*, Aor 1J ► I.f'� � �1 - SLX (2c1q,5 F:\PIAGC Wofl.IEIJGlNEB2JryG UIVISIIX7 PROJECTS68g5-pfd pbde Hvry Sltl�lk 1151_69th (LAP)Ad *n\blddocu tsUtmkodUdSchodub9-17.20t0.xk 00310-5 5. 01 Bidder shall complete the Work in accordance with the Contract Documents for the prices ) contained in the Bid Schedule : A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . Be The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the- right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so , no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D . Unit Prices have been computed in accordance with paragraph 11 . 03 . B of the General Conditions . 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14. 07. 8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6 . 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. 7 .01 The following documents are attached to and made a condition of this Bid : A. Required Bid securityin the form of DI <3 Dom ; Be Itemized Bid Schedule; C . Sworn Statement under Section 105 . 08 , Indian River County Code , an Disclosure of Relationships ; D . Sworn Statement Under the Florida Trench Safety Act ; E . Qualifications Questionnaire ; F . List of Subcontractors ; G . DBE Affirmation Action Plan H . Construction Contractors Bid Opportunity List; I . Non-collusion Affidavit; J . Certificate Regarding Lobbying ; 00310 - 61d Form REV 04-07.doc 00310-6 17APublic Works\ENGINEERING DIVISION PROJECTS\0845-01d Dbde Hwy Sidewalk US1_691h (LAP )\Admlm\bld documents\00310 - Bid Form REV 0"7.doc aim K. Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion — Primary Covered Transactions ; L . Certification of Non Segregation & Non Discrimination ; and M . Buy America Certificate of Compliance . N . Drug free Workplace Certification . O . LAP Certification of Capacity / Status of Contracts on Hand P. Certification of Sublet Work 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 �u (w . � S�C , 20 ( L. State Contractor License No. Q6!>44(. 1 �2a 000094 (, If Bidder is : An Individual Name (typed or printed ) : N/p, By* �JQ (SEAL) (Individual 's signature) Doing business as : N/A Business address : uJi Phone No . : li FAX No . : A Partnership Partnership Name : (SEAL) By: 0f A (Signature of genera! partner — attach evidence of authority to sign) Name (typed or printed ) : Business address : _ N �A Phone No . : N f A FAX No. : Y A Corporation Corporation Name : Gooason PAV �(A 11NG _ (SEAL) ; State of Incorporafion : V'iog%pA Type ( Ge eral Business , Professional , Service , Limited Liability) : 60W ro . 1 4450r' V55 ONDETZ 60ZOU 6 ltrlc 1TL1 ' By: &WA9 T Vi eAe� F12&6 00310 - Bad form REV Nee doc 00310-7 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-01d Dixie Hwy Sidewalk US1 _691h (LAP )1Admimlbld documents100310 - Bid Form REV 0"Tdoc (Signature - attach evidence of authority to sign)CSEE ��� Name (typed or printed ) : PNi � iP i`c-R ' V . Title : (CORPORATE REAL Attest _1 L (Signature of EOrporate Secretary) Business address : 00 Cac Raadl „ Phone No. : _3� t - �31- 5523 FAX No . : 3Z1 --o39 -oggj Date of Qualification to do business is Dace COiZFI:> z% iaro zig TZ G1 RR C�-�T Qu Ai + icac �J 7/21/2oo9 . 7 3 (/2ptk (9��V A1wC1;x(.4U)) A Joint Venture N /A Joint Venture Name : (SEAL) By: N /A (Signature of joint venture partner - attach evidence of authority to sign) Name (typed or printed ): Title : N /A Business address : p �A Phone No . : NAA FAX No . : Joint Venture Name: N / A (SEAL) By: N `A (Signature - attach evidence of authority to sign) Name (typed or printed ) : ti Title : N /A Business address : _ 0IA . Phone No. : N IA FAX No . : N A Phone and FAX Number, and Address for receipt of official communications : N/A ( 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 . ) 06310 - Bid Form REV G4-07,doc 0031M FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-old Dixie Hwy Sidewalk US1 _69th (LAP)\Admlm\bid documents\00310 - Bid Form REV 0"7.doc n . gIVEk Indian River County �p Purchasing Division A 1800 27tH Street ✓► ; Vero Beach , FL 32960, Phone ( 772 ) 226 - 1416 Fax ( 772 ) 770 -5140 LORI ADDENDUM NO . 1 Date : May 24 , 2011 Project Name : OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM 38TH LANE TO 65TH STREET Project Number : FM 423186A1 58 -01 ( FDOT LAP PROJECT) IRC 0845 Bid Number . 2011045 Bid Opening Date : The Bid Opening date is Wednesday , June 1 , 2011 at 2 . 00 p . m . A Pre - Bid Conference was held on May 13 , 2011 at 10 : 00 a . m . in Indian River County Admin Bldg "A " , Room #A-303 ; 1801 27th Street Vero Beach , FL 32960 and the meeting minutes are hereby incorporated into the subject addendum as an attachment. TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents . Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or Contract Documents . This . ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents , PLEASE NOTE THAT ANY FURTHER QUESTIONS RECEIVED PRIOR TO THE DATE OF OPENING BIDS WILL NOT BE ANSWERED , All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach , FL 32960 prior to the date and time shown above . Late bids will be returned unopened . Addenda may be issued to clarify , correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . Page I of 2 F : \Public Worts\ENGINE- ERING DIVISION PROJECTS\0845-Old Dixie HNNN Sidewalk USI 69th (LAP)\.Admim\bid documents',Addendulns\Addeudum 91 . doc CLARIFICATIONS / CORRECTIONS : 1 . MATERIALS TESTING REQUIREMENTS : Although the project is on an off state system , there is a structure on the project , which requires oversight in accordance with 23 . 1 . 2 of the LAP Manual . Materials testing must be in accordance with the FDOT Road and Bridge Specification and the FDOT Sampling Testing and Reporting Guide . The contract also requires the use of LIMS , which is the FDOT Laboratory Information Management System ( a database system for recording materials testing ) . Basically the contractors and the County will be required to perform testing as if it were an FDOT project . This means the Contractor will have to perform QC testing and the County will have to perform Verification Testing at the frequencies required in the Specifications . The test results will have to be recorded in the LIMS system . QC results are entered in LIMS by the Contractor and VT results are entered by the County . Therefore , the Contractor will need to perform QC testing and provide the results in LIMS . 2 . QUESTION : Reference Sheet #3 Pay Item Foot Notes call out Item #' s 430- 174 - 101 & 430- 174 -201 . No such Item No . ' s exist in the Summary of Pay Items . Please clarify which of the 3 drainage pipe items should include the collars and friable base . ANSWER : Pay items 430- 174- 101 & 430- 174-201 are incorrect item numbers . The Foot Note ( cost to include but not limited to concrete collars and friable base) apply to the pipe culvert pay items 430- 174- 118 , 430- 174-215 , and 430- 174-218 . 3 . The most recent Official USDOL Wage Decision last updated 4/8/ 11 for FL317 is included in this addendum . This Wage Decision shall apply if within 10 days prior to the bid opening . ATTACHMENTS : 1 . Pre Bid Meeting Minutes 2 . Official USDOL Wage Decision last updated 4/8/ 11 for FL317 ****** * * * **** This Addendum MUST be returned with your Bid ************** ADDENDUM NO . 1 is submitted by : 0000 Michael D . Nixon , P . E . , Roadway Production Manager anqJ J &rfy Dav s , Purchasing Manager Company Name Goo son PAJth ts3c Name : — �t� , �_ Title . q ►Ci&� Qzz& titalzr ( Type / Printed ) Authorized Signature : Date . 512 t IL I Telephone : 321 - (a31 - 5523 Fax . 32L(o3' -QLA 2 Page 2 of 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845 -Old Dixie Hairy Sidewalk US1_69th (LAP)\.Admim\bid documents\Addendmns\Addendum # l . doc Page 1 of 4 General Decision Number : FL100317 04 / 08 / 2011 FL317 Superseded General Decision Number : FL20080317 State : Florida Construction Type : Highway County : Indian River County in Florida . HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03 / 12 / 2010 1 08 / 06 / 2010 2 04 / 08 / 2011 * ELEC0606 - 001 01 / 01 / 2011 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 23 . 15 8 . 30 SUFL2009 - 214 08 / 05 / 2009 Rates Fringes CARPENTER . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 40 1 . 14 CEMENT MASON / CONCRETE FINISHER . . . $ 13 . 29 2 . 57 HIGHWAY / PARKING LOT STRIPING : Operator ( Striping Machine ) . . . . . $ 11 . 97 2 . 23 HIGHWAY / PARKING LOT STRIPING : Painter . . . . . . . . . . . . . . . . . . . . . . . . . $ 13 . 31 0 . 00 IRONWORKER , REINFORCING . . . . . . . . . . $ 14 . 50 1 . 37 IRONWORKER , STRUCTURAL . . . . . . . . . . . $ 16 . 75 3 . 88 LABORER : Asphalt Shoveler . . . . . . . $ 10 . 70 0 . 00 LABORER : Common or General . . . . . . $ 13 . 45 7 . 68 LABORER : Flagger . . . . . . . . . . . . . . . . $ 9 . 28 3 . 82 LABORER : Grade Checker . . . . . . . . . . $ 10 . 50 0 . 55 LABORER : Landscape and Irrigation . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 91 0 . 00 LABORER : Luteman . . . . . . . . . . . . . . . . $ 10 . 32 0 . 00 LABORER : Mason Tender - Cement / Concrete . . . . . . . . . . . . . . . . . . $ 12 . 00 1 . 80 LABORER : Pipelayer . . . . . . . . . . . . . . $ 12 . 16 2088 LABORER : Power Tool Operator t.. s+.. . / /. . .. . .. . . . . ..7 ,. 1 .. ... > /., ..7 �. 1 /� .. ., (; loo /.a ., . 7; n1, ., .. ., " T Z1 '7 .a . .}. G /7d /7 (111 mmmmmqo,' 9, Page 2 of 4 ( Hand Held Drills / Saws , Jackhammer and Power Saws . . . . . . . . $ 11 . 23 1 . 96 OPERATOR : Asphalt Plant . . . . . . . . . $ 12 . 20 0 . 00 OPERATOR : Asphalt Spreader . . . . . . $ 11 . 38 0 . 00 OPERATOR : Auger . 1 0 * * 6 a 0 & I I a * 0 0 $ 19 . 40 0 . 44 OPERATOR : Backhoe Loader Combo . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 33 0 . 97 OPERATOR : Backhoe / Excavator . . . . . $ 14 . 13 2026 OPERATOR : Boom . . . . . . . . . . . . . . . . . . $ 16 . 51 0 . 00 OPERATOR : Bulldozer . . , . , , , , . . . . . $ 14 . 28 3 . 13 OPERATOR : Crane . . . . . . . . . . . . . . . . . $ 17 . 20 2 . 62 OPERATOR : Distributors . . . . . . . . . . $ 11 . 62 0 . 00 OPERATOR : Drill . . . . . . . . . . . . . . . . . $ 13 . 00 1 . 59 OPERATOR : Grader / Blade . . . . . . . . . . $ 15 . 69 4 . 14 OPERATOR : Loader . . . . . . . . . . . . . . . . $ 12 . 51 2 . 23 OPERATOR : Mechanic . . . . . . . . . . . . . . $ 15 . 91 4 . 74 OPERATOR : Milling Machine . . . . . . . $ 12 . 01 1 . 84 OPERATOR : Oiler . . . . . . . . . . . . . . . . . $ 12 . 58 1 . 11 OPERATOR : Paver . . . . . . . . . . . . . . . . . $ 12 . 01 0 . 00 OPERATOR : Piledriver . . . . . . . . . . . . $ 19 . 00 5 . 77 OPERATOR : Roller . . . . . . . . . . . . . . . . $ 10 . 73 0 . 00 OPERATOR : Scraper . . . . . . . . . . . . . . . $ 11 . 12 1 . 56 OPERATOR : Screed . . . . . . . . . . . . . . . . $ 11 . 65 0 . 00 OPERATOR : Tractor . . . . . . . . . . . . . . . $ 10 . 79 1 . 44 OPERATOR : Trencher . . . . . . . . . . . . . . $ 13 . 41 0 . 49 PAINTER : Spray and Steel . . . . . . . . . $ 16 . 62 0 . 00 TRUCK DRIVER : Distributor . . . . . . . $ 11 . 20 0 . 00 TRUCK DRIVER : Dump Truck . . . . . . . . $ 10 . 00 0 . 00 TRUCK DRIVER : Lowboy Truck . . . . . . $ 11 . 95 0 . 00 TRUCK DRIVER : Material Truck . . . . $ 12 . 76 9 . 80 TRUCK DRIVER : Tractor Haul Truck . . . . . . . . . . . . . . . . . . . . . . . . . . . a $ 10 . 64 0 . 00 Page 3 of 4 TRUCK DRIVER : Water Truck . . . . . . . $ 10 . 50 0 . 00 TRUCK DRIVER : 10 Yard Haul Away . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 50 0 . 00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses ( 29 CFR 5 . 5 ( a ) ( 1 ) ( ii ) ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In the listing above , the " SU " designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates . Other designations indicate unions whose rates have been determined to be prevailing . WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter ? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance ( additional classification and rate ) ruling On survey related matters , initial contact , including requests for summaries of surveys , should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis - Bacon survey program . If the response from this initial contact is not satisfactory , then the process described in 2 . ) and 3 . ) should be followed . With regard to any other matter not yet ripe for the formal process Page 4 of 4 described here , initial contact should be with the Branch of Construction Wage Determinations . Write to : Branch of Construction Wage Determinations Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue , N . W . Washington , DC 20210 2 . ) If the answer to the question in 1 . ) is yes , then an interested party ( those affected by the action ) can request review and reconsideration from the Wage and Hour Administrator ( See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) . Write to : Wage and Hour Administrator U . S . Department of Labor 200 Constitution Avenue , N . W . Washington , DC 20210 The request should be accompanied by a full statement of the interested party ' s position and by any information ( wage payment data , project description , area practice material , etc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable , an interested party may appeal directly to the Administrative Review Board ( formerly the Wage Appeals Board ) . Write to : Administrative Review Board U . S . Department of Labor 200 Constitution Avenue , N . W . Washington , DC 20210 4 . ) All decisions by the Administrative Review Board are final . END OF GENERAL DECISION � �1VER Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960-3365 * Telephone: (772) 567- 8000 R1 Fax: (772) 778- 9391 PRE - BID MEETING MINUTES MAY 139 20111 10 : 00 A . M . INDIAN RIVER COUNTY ADMINISTRATION BUILDING Room A- 303 , Building A Project Name : OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS ( 38TH LANE TO 65TH AVENUE IRC PROJECT No . 0845 FDOT FM No . 423186 - 1 -58 -01 Bio No . 2011045 The Following meeting notes set forth our understanding of the discussions and decisions made at this meeting. If you have any questions, additions, or comments, please contact the writer immediately. If we do not hear from you, we will assume that our understandings are the same. We are proceeding based on the contents of these meetings notes. Project Manager: Michael Nixon , P . E . , Indian River County , Engineering Division started the meeting . INTRODUCTIONS / SIGN IN SHEET ATTACHED All attendees in the room introduced themselves . All attendees were asked to sign in . A copy of the sign in sheets will be included in the minutes . Attendance at this conference by all bidders is mandatory . No bidders will be aloud to bid unless they attend this meeting . PROJECT DESCRIPTION, The project will consist of construction of a 5 ' wide concrete sidewalk , on the east side of Old Dixie Highway approximately 3 % miles in length from 38th Lane to 65th Street , drainage improvements , Two box culverts and construction of a pedestrian bridge over the Indian River Farms Water Control District' s North Relief Canal . The project is federally funded through a Local Agency Program Agreement by the Florida Department of Transportation ( FDOT) . The project construction is being administered by Indian River County and will be maintained by Indian River County CONTRACT DETAILS Bid opening : June 1St , 201lat the Indian River County Purchasing Division , 1800 27th Street , Vero Beach , FI 32960 at 2 : 00 PM Contract time : 150 days to substantial completion 180 days to final completion F \Public Works'\ENGINEERING DIVISION PROJECTSTW -Old Dixie H \Nr Sidewalk US 1 G9th ( LAP)\P.dntim\.h4EE7'INGS\J're-bid meeting minutes 5- 13 - I I . docF : \Public Works'TENGINE- ERING DIVISION PROJECTS\0345-Old Dine li \N� Sidewalk US ] Goth v ( L.V )\Admim\MEE,rINGS\Pre- bid meeting minutes 5- 13 - 11 . doc CORRESPONDENCE/LINES OFAUTHORITY Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing (cDirc ov . com . CONTACTS Project Manager : Michael Nixon , P . E . , Indian River County , Engineering Division , 1801 27tH Street , Vero Beach , Florida 32960 during the bid process , mnixon (o irc ov . com Construction Manager : Construction Phase will be turned over to D . Howard , Construction Coordination Manager Indian River County , 1801 27 Street , Vero Beach , Florida 32960 PROJECT CONSULTANTS . Kimley- Horn and Associates Inc , ( Roadway Improvements) 44524 th Street , Suite 200 Vero Beach , FI . 32960 Bridge Design Associates , Inc . ( Bridge Improvements) 1402 Royal Palm Beach Blvd . Bldg . 200 Royal Palm Beach , FI 33411 Construction Engineering and Inspection . AECOM , ( tentative) Randall Scott , P . E . 3550 SW Corporate Pkwy Palm City , FL 34990 FEDERAL REQUIREMENTS: Jill Williams , IRC , Staff Assistant III presented the federal requirements for the project . Topics discussed were as follows : • The Contractor shall be a FDOT Pre-Qualified Contractor. • Indian River County ( IRC ) is required to satisfy the Federal reporting requirements for this project , such as employment reporting , for both Contractor and all Subcontractors . • In order to be eligible for reimbursement by FDOT /FHWA , IRC must comply with all applicable procedures , standards and directives as described in the FDOT Local Agency Program Manual and the Florida Department of Transportation , Equal Employment Opportunity Construction Contract Compliance Workbook , Jan . 2009 . • Contractors must meet deadlines in order to be in compliance . All deadlines are strictly enforced or reimbursements cannot be made . • All required forms must be completed and on time or payment could be withheld . Job Site Bulletin Board is required to be maintained . • HAND OUT — Summary of required contractor form submittals checklist / Current Wage Determination . * Please Note Common /General Laborer Rates . • FLORIDA DEPARTMENT OF TRANSPORTATION , EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT COMPLIANCE WORKBOOK , JAN . 2009 Available on website : www . dot . state . fl . us/egualopportunity/ F :\Public Works''ENGINF.. ERING DIVISION PROJECTS\0845 -0ld Dixie H %%il Sidewalk US ] 69th ( LAP)'U�dmim',N EETINGS\Pre- bid meeting minutes 5- 13 - 11 . docFAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie H %Nti Sidewalk US ] 69th ( L,kP)'��dmim' AMEETINGS\Pre- bid meeting minutes 5- I3 - 1l . doc OTHER ISSUES Other Issues were discussed by Michael D . Nixon as follows : • Maintenance of Traffic .o o Contractor shall submit a Maintenance of Traffic Plan to the Indian River County , Engineering Division for approval . o Access for all businesses and residences shall be maintained at all times . o Traffic shall be maintained at all times o The Maintenance of Traffic Plan shall meet the FDOT Index 600 , 2010 edition • Indian River Farms Water Control District . - Contact David Gunter, Manager to coordinate activities in their right-of-way • Environmental permits are exempt • Coordination with packing houses . • Coordination with 53rd Street construction ( some overlap ) • Sidewalk — true 6 " concrete , 2 % max slope ( no tolerance ) • Testing per- FDOT specifications . • Curb cut ramps in accordance with FDOT Index . • School buses , Sanitation & US Postal Service must be maintained • Addendums if required — review and comment as soon as possible , no further comments 10 days prior to bid opening . DISCUSSION Question : There was discussion on the extent of the testing for the project because of the FDOT Standard Specifications compliance . A clarification will be given in an addendum . Meeting was adjourned . Attachment : Sign in sheet . F : \Public WorksTNG1NEERING DIVISION PROJECTS\0845 -Old Dixie Hay Sidewalk US1 60th ( LAP)'�Admim\bIEETINGS\Pre-bid mceline minutes 5- 13 - 11 . docF :\Public Works'TNGINEERING DIVISION PROJECTS\0841 -Old DL\ ie Hury Sidewalk US ] 60th ( LAP)'Wdmim\I\lEET1NGS\Pre-bid mcering minutes 5 - 13 - 1 Ldoc i Fri i MANDATORY PRE -BID ' CONFERENCE Sign IMF Sheet Bid No . 2011045 — `w ld Dixie Hwy. _ Sidlewalk Im�provemen s May 13 20'111 @ . Z ,O : OO AM ., Con:ferenee Room #Al 303'' .,[•r•,:r " - + nt+ 'i ..n, F w .F'� d w k's 0 ,Fir : r��t d.•i; Fnr� �irI x z �J"FS jti 7 r � , '. ' eS�S"' rt . �itsIF mm „ a� p� r r 4^ "�1t A'� fax /' '„4r ;25, . ' �" Y ct k �' Mr e ,• m, +' yet �. .� : ..� , . ..y :t lg. .vz�M. 'k . ha t + is a�^ :. 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F� 3 77 � - .ZZ6 . -' � y/ 6 /� ' � 7 7x/ sr• Pr S/�� � 011 . 0 rtrttrtr i THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS , that we Goodson Paving , Inc . , 630 Cidco Road , Cocoa , FL 32926 as Principal , hereinafter called the Principal , and The Hanover Insurance Company, 440 Lincoln Street, Worcester, MA 01653 a corporation duly organized under the laws of the State of New Hampshire as Surety , hereinafter called the Surety , are held and firmly bound unto Indian River County, Florida 1801 27th Street Vero Beach , FL 32960 =3365 as Obligee , hereinafter called the Obligee , in the sum of FIVE Percent of the amount bid Dollars ( $ ) for the payment of which sum well and truly to be made , the said Principal and the said Surety , bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents . WHEREAS , the Principal has submitted a bid for Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street NOW , THEREFORE , if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid , and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds , if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid , then this obligation shall be null and void , otherwise to remain in full force and effect . Signed and sealed this 1stday of June 2011 . Goodson Paving , Inc. rincipal ) ( Seal ) (Witness) OH /l ' O ST1 FP'Plf - - VV! , fl'oopenrT The Hanover Insurance Company ( Surety (Seal ) Witness ) Beniam n H . French . Attomev- in - Fact & Florida Licensed Resident Agent AIA DOCUMENT A310 - BID BOND - AIA - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS 1735 N . Y . AVE . N . W . WASHINGTON , D . C . 20006 G-23248-A MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA THE HANOVER INSURANCE GROUP POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS : That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Dale Waldorff, Pamela L. Jarman , Wayne Walker, Benjamin H . French and/or Paul A. Locascio of Mary Esther, FL and each is a true and lawful Attorney( s)-in-fact to sign, execute, seal , acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings , contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ( =20 , 000, 000) in any single instance and said companies hereby ratify and corm all and whatsoever said Attorney(s )mIin-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED , That the President or arty Vice President , in conjunction with any Assistant Vice President , be and they are hereby authorized and empowered to appoint Attorneys4rrfact of the Company, In Its name and as its acts , to execute and acknowledge for and on its behalf as Surety any and all bonds , recognizances , contracts of indemnity, waivers of citation and all other writings obligatory In the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-In-fact shall be as binding upon the Company as K they had been duly executed and acknowledged by the regularly elected officers of the Company In their own proper persons ' (Adopted October 7 . 1981 - The Hanover Insurance Company ; Adopted April 14 , 1982 — Massachusetts Bay Insurance Company ; Adopted September 7 . 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22nd day of July, 2009 . THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY ,� .�,d• y r _wrwY CITIZENS INSURANCE COMPANY OF AMERICA IW2 lfiP4 1071 Mary Jcanne ide on . V e Pres de t Robarl K Gree wive , .4, sislan rce President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss . SEAL On this 22nd day of July, 2009 , before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America , to me personally known to be the individuals and officers described herein , and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of Amefica , respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations, wont rw VAUC VIP w., iwr f 4r, ,,,,,x Notery Public My commission expires on November 3, 2011 1 , the undersigned Assistant Vice President of The Hanover Insurance Company , Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full , true and correct copy of the Original Power of Attorney issued by said Companies , and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company , Massachusetts Bay Insurance Company and Citizens Insurance Company of America . 'RESOLVED , That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto , granted and executed by the President or any Vice President In conjunction with any Assistant Vice President of the Company , shall be binding on the Company to the same extent as If all signatures therein were manually affixed , even though one or more of any such signatures thereon may be facsimile .' (Adopted October 7 , 1981 - The Hanover Insurance Company ; Adopted April 14 , 1982 Massachusetts Bay Insurance Company ; Adopted September 7 , 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 111 day of 2011 . THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSUj2ANCE COMPANY OFAMERICA Srep�e 5ra, �, , Assesa .rr Vrce ;. ,,esh2,� • ; i SECTION 00452 SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSMI S THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No . 2011045 for Old Dixie Highway Sidewalk Improvements from 38 `h Lane to 65t1i Street. 2 . This sworn statement is submitted by : (Name of entity submitting Statement) whose business address is : (030 Cdca Ra . Cocoe, � 3212(a 3 . My name is �N � L\ P � 1t " 1✓ P (Please print name of individual signing) and my relationship to the entity named above isCS.: P�-�iOENW7 4 . I understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code, means . The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members , and agents who are active in the management of the entity. 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son, daughter, brother, sister, uncle , aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6 . Based on information and belief, the statement, which I have marked below , is true in relation to the , entity submitting this sworn statement. [Please indicate which statement applies . ] Neither the entity submitting this sworn statement, nor any officers, directors, executives , partners, shareholders , employees , members , or agents who are active in management of the entity, have any relationships as defined in section 105 . 08 , Indian River County Code, with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors, executives , partners, shareholders, employees , members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee : 00452-1 F:\Public Works\ENGINEER[ NG DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th (LAP)\Admlm\bid documents\00452 Disclosure of Relationshics.doc „gam . SECTION 00452 Name of Affiliate Name of County Commissioner Relationship or entity or employee N�A vW ignature) �h1t ) (Date) STATE OF P Oft GLAD COUNTY OF foregoing instrument was acknowledged before me this ?? day of 20 1 / . by ► ► who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN 'Y COMMISSION B DO 879160 PRINT : 2111 Au�ust 9, 2013 ti WAdwwfts Notary PubhQ,"9W@;44 My Commission Expires : (Seal) 00452-2 F:\Public Works\ENGINEERING DIVISION PROJECTW845-01d Dixie Hwy Sidewalk US1 69th (L.AP )\Admim\bId documenLs100452 Disclosure of RalatinnshinsAm. SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ( " BIDDER") , OR ITS AUTHORIZED REPRESENTATIVE , IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Project No . 0845 for Old Dixie Highway Sidewalk Improvements from 38'h Lane to 65th Street 2 . This Sworn Statement is submitted by GOo�SDn P*0ir1oi Jz0 (! . (Legal Name of Entity Tubmitting Sworn Statement) hereinafter " BIDDER" . The BIDDER's address is �o O aco RaaA cam, t L 3% Z9uo - BIDDER's Federal Employer ldenti ( cation Number ( FEIN ) is Sq - 2912065 3 . My name is PHILIP ST1Fir-LjaR and my relationship to the BIDDER not Name of Individual Signing) IS rrP.& 06Ar (Position or Title) 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 include the "effective date" in the citation (s ) . Reference to and compliance with the applicable Florida Statute (s ) and OSHA Regulation (s ) is the complete and sole responsibility of the BIDDER . Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards . 6 . The BIDDER has allocated and included in its bid the total amount of $ 3 - DO , based on the linear feet of trench to be excavated over five ( 5 ) feet deep, for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method (s ) of compliance on this Project: S UDS ►J� D r7CO 13 QVs g AS NCcQS:< Lo The determination of the appropriate method ( s ) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 7 . The BIDDER has allocated and included in its bid the total amount of $_ O0w ov based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements b instituting the following specific method ( s ) of compliance on this Project: 7RE� t-� 1)k 02 00454 - Florida Trench Safety Act - REV 04-07 .doc 00454 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\0B45-Dixie Hwy Sidewalk US1 _69th (LAP )Mmlm\bid documents\00454 - Florida Trench Safety Act - REV 04-07.doc w r The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER . Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 8 . The BIDDER , in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that, based on such information and the BIDDER 's own information , the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system (s ) for the Project. BIDDER : D&& I' �r By: Position . or Title : U16Z rggloe/n; Date : 5/3 Ib � � STATE O F l COUNTY OF Personally appeared before me, the undersigned authori4ine who after first bein sworn by me , affixed his/her signatusp ce provided above on this day of ZD FArrH HfiMRIC My (;OMMISSION tt 00 879160 Aupu9t 9, 2013 ota lic , State at large ;; � ' t µ1 "° ' ""' "' " PuacunderwrtteM y mission Expires . * * END OF SECTION 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 2 F:1Public works\ENGINEERING DIVISION PROJECTS10845-Dixie Hwy Sidewalk US1_691h ( LAP )44dmimlbid documents100454 - Florida Trench Safety Act - REV 04-07.doc SECTION 00456 — QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS . - UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No : 0845 Project Name : Old Dixie HiahwaV Sidewalk Improvements from 38 `h Lane to 651h Street. 1 . Bidder's Name / Address : PAloc . �O3a C� � � o RoeA Low FC . 3226 2 . Bidder's Telephone & FAX Numbers : t4 ! 32,1-(,31 -S52, 3 �9X 32I - � 3�i oY�i7 3. Licensing and Corporate Status : a . Is Contractor License current? qe S b . Bidder's Contractor License No : Q834y67 [Attach a copy of Contractor's License to the bid] - 5ee 4Tr4c4gj�, c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers . 4 . Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 23 rs 5 . What is the last project OF THIS NATURE that the firm has completed ? aEAu t+ Bw - C Q1 0JV Ca e.4 -rlh'C->21 N2 k . 6AJAM LJ 44 )%tA0490 kMA(11Z s� rFrs - L' ATL. o � C0c 6 . Has the firm ever failed to complete work awarded to you ? No [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which the firm failed to complete the work .] 7 . Has the firm ever been assessed liquidated damages ? N o [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which liquidated damages have been assessed .] 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations ? ►`' O [ if your answer is " yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which OSHA violations were alleged .] 00456 - Qualifications Questionnalre .doc 00456 - 1 F:Nuhlic Works\ENGINEERING DIVISION PROJECTSM45-Dixie Hay Sidemlk USI 69th (LAP)\Admim\bid documents\00456 - Qualifications Questionnaim.doc MTN 9 . Has the firm ever been charged with noncompliance of any public policy or rules ? I.� D [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project. ] 10 . Attach to this questionnaire , a notarized financial statement and other information that documents the firm 's financial strength and history . CwECAQ przwlor, V900 Prc Egr> 11 . Has the firm ever defaulted on any of its projects ? t [ if your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which a default occurred . ] 12 . Attach a separate page to this questionnaire that summarizes the firm 's current workload and that demonstrates its ability to meet the project schedule . 13 . Name of person who inspected the site of the proposed work for the firm : Name : Pk� L- S-r1F'�L({�- V• P, Date of Inspections : S/ 3 20 t l 14 . Name of on-site Project Foreman : Russ 1> � X - ( 64tat, 6 Number of years of experience with similar projects as a Project Foreman : 15 . Name of Project Manager: �m us GN — ce, V ►��T Number of years of experience with similar projects as a Project Manager: lg .o r 16 . State your total bonding capacity : '16 2S MkLLkaw-� Ritxl (3Lci As6-riGe ATF 17 . State your bonding capacity per jobS: M � �uot� PRo�c 18 . Please provide name , address , telephone number, and contact person of your bonding company : BEN FRr,� — Ww-oorLFt' C'usu � E 6o�N � [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnalre.doc 00456 - F:1Public Works\ENGINEEPJNG DIVISION PROJECTSA845-Dixic Hwy Sidewalk USI_69th (LAP)Wdmim\bid domnems\00456 - Qualifications Quesdonnaire.doc 19 . Complete the following table for SIMILAR projects Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount oi t 00456 - Qualifications Questionnalre.doc 00456 - 3 I'APublic Works\ENGINEMNG DIVISION PRO]ECTST845-Ducie Hwy Sidewalk USl _69di (LAP)Wdmim\bid docununt 00456 - Quali6cadons Quesdonnaire.doc F°. i [NOTE : If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contractor. By : V . P. ( Signature ) _ �Ic� PRE��a° rtiT (a ( Position or Title) � 11 - * * END OF SECTION ( Date ) 00456 - Qual ficadons Quesdonnalre .doc 00456 - a F:%Public Works\ENO NL• ERINC DIVISION PROIECTS0645-Duic Hwy Sidewalk US1 _69th (LAP)1Admitnlbjd documcats\00456 - Qualifications Questionnaimdoc r SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this . Contract in excess of one- half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency . Documentation Submitted with Project No . 0845 for Old Dixie Highway Sidewalk Improvements from 38'" Lane to 650' Street. Work to be Performed Subcontractor's Name/Address ALPO(Zb C0N5T2UCno,JOF Zijc . 1 . &jjq 012A ; L PO . B,ox / 5757 74nA9to FtoR) A4336ky - 5? 5 '7 l 7kLI — MARrK1XxtC - 2 . ! TR1P (J6P F S ( C-&A6E ( 160 D0L(; AJF2 PLA6E SAN�p, yL 3277 , ZzzD W 'K' & ) LT fsGncMaG, 3 . E(zoskoy CGV% s Rt7L Twtj grALLAr,L%3 PQ Bci>L 7402t5 C&u Fc . 32'7 �{ 49 39 � ,; (� T7usLIiu. c I'C , 3ZZ7ko of LLCv 56 63y C Rai C� Pit 3 ZM 60 vrn SZ l ?t-6oJz- AUe 3� . PA �rh QA 1=L . 3Zq - 1 �s� 2vAN 7 . a1 b1 S (764& Mc�54 Atom g¢A&h Tzt . 33yo 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.d0c 00458 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Dixie Hwy Sidewalk USI-69th (lAP )\Admimlbld documents\00458 - List of Subcontractors REV 04-07.doc 275-030- 11 EQUAL OPPORTUNITY OFFICE 03/11 Page 1 of 8 DBE Utilization The Department began its DBE race neutral program January 1 , 2000 . Contract specific goals are not placed on Federal/State contracts ; however , the Department has an overall 8 . 18 % DBE goal it must achieve . In order to assist contractors in determining their DBE commitment level , the Department has reviewed the estimates for this letting . As you prepare your bid , please monitor potential or anticipated DBE utilization for contracts . When the low bidder executes the contract with the Department , information will be requested of the contractor's anticipated DBE participation for the project . While the utilization is not mandatory in order to be awarded the project , continuing utilization of DBE firms on contracts supports the success of Florida 's Voluntary DBE Program , and supports contractors ' Equal Employment Opportunity and DBE Affirmative Action Programs , NOTE : Any project listed as 0 % DBE availability does not mean that a DBE may not be used on that project . A 0 % DBE availability may have been established due to any of the following reasons : limited identified subcontracting opportunities , minimal contract days , and/or small contract dollar amount . Contractors are encouraged to identify any opportunities to subcontract to DBEs . If you have any questions regarding this information , please contact the Equal Opportunity Office at ( 850 ) 414 -4747 . DBE Reporting If you are the prime contractor on a project , complete the attached Anticipated DBE Participation Statement and submit the information at the pre-construction or pre-work conference for all federal and state funded projects . This will not become a mandatory part of the contract . It will assist the Department in tracking and reporting planned or estimated DBE utilization . During the contract , the prime contractor is required to report actual payments to all subcontractors through the web- based Equal Opportunity Reporting System ( EORS ) , BizWeb . All DBE payments must be reported whether or not you initially planned to utilize the company . In order for our race neutral DBE Program to be successful , your cooperation is imperative . If you have any questions concerning the completion or submission of this information , contact the FDOT EOO at (850 ) 414-4747 . Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts . The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects , including both DBEs and non -DBEs . A form is included to record bidders ' information for ALL subcontractors or sub-consultants who quoted to you for specific projects for this letting . If a contractor quoted to you for more than one project you only need list that contractor once . If you have submitted a bidder's list to the Department previously, you need only list new companies who have quoted to you or requested to be on specific projects . If you do not know the answers to numbers 2 , 3 , 4 , or 5 you may leave them blank and the Department will complete them . This information should be returned with your bid package or proposal package or submitted to the Equal Opportunity Office within three days of your submission . It can be mailed or faxed . Please reply to : Florida Department of Transportation Equal Opportunity Office 605 Suwannee Street, MS 65 Tallahassee , FL 32399 -0450 ( 850) 414 -4747 ( 850) 414-4879 470 - 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 ANTICIPATED DBE PARTICIPATION STATEMENT EQUAL OPPORTUNITY OFFICE 03/11 Page 2 of B I . FINANCIAL PROJECT NO, 2. FAP NO. 3. CONTRACT NO. 4. COUNTY(IES) 5. DISTRICT r� M L3 t�- 1 - SS- o 1 � ► R�ae� �S, � �rc >1 6. PRIME CONTRACTOR NAME 7. FEID NUMBER GppdSon QAv i� �� . � -2$ 7 2c�b5 _ . 8. CONTRACT DOLLAR AMOUNT 9 . REVISION ? 00 IF YES , REVISION NUMBER: % IS THE PRIME CONTRACTOR A FLORIDA 11 . IS THE WORK OFT IS CONTRACT CERTIFIED " DBE" ? (DISADVANTAGED NO CONSTRUCTIONOR MAINTENANCE ❑ ? BUSINESS ENTERPRISE) ❑ YES 12. ANTICIPATED DBE SUBCONTRACTS : PERCENT DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACTF DOLLARS A Wt� rct�1V1 'RD�I'('�ro-�t{aL FRc& cr .) a 0lj �L Ig X915 . o v B C D E 17F TOTAL DOLLARS TO 12G TOTAL PERCENT DBE S OF CONTRACT $0 . 00 0.00 % 13. SUBMITTED BY id .DATE 15. TITLE OF SUBMI TER ?k ► � rFL =- U . P. (/1 A i es icll? I r 16. EMAIL ADDRESS OF SUBMITTER IT FAX NUMBER 18. PHONE NUMBER 321 �631 =oy�t1 3Z� -�� t -5523 NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY FUNDED FOOT CONTRACTS . THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS . THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE, THE FOLLOWING SECTIONS ARE FOR FOOT USE 19 .PROCESSED BY 20. DATE TO EO OFFICE 21 . LETTING DATE 22, EXECUTED DATE 23. PRECON CONF DATE DIST 24 .SUBMITTED TO EO ❑ FAX ❑ EMAIL BY ❑ SHARED FOLDER EO 25 .INCLUDED IN QBE PARTICIPATION REPORT OF M/D/Y OFC 470 - 2 Florida Department of Transportation CHARLIE CRIST 605 Suwannee Street STEPHANIE C. KOPELOUSOS GOVERNOR Tallahassee , FL 32399 - 0450 SECRETARY January 4 , 2010 MS FAITH HEMRIC GOODSON PAVING INC 630 CIDCO RD COCOA FL 32926 RE : DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Ms . Hemric : The Disadvantaged Business Enterprise Affirmative Action Plan submitted by : GOODSON PAVING INC has been approved for a period of three years . Please update and submit a new plan before the expiration date shown below . If you do not plan to work on any Florida Department of Transportation projects , it will not be necessary for you to submit a new plan . If you need any additional information , please contact me at ( 850 ) 414 -4742 . Sincerely , Erica Miller Contract Compliance Administrator Equal Opportunity Office EM /clog AFFIRMATIVE ACTION PLAN EXPIRATION : October 26 , 2012 This plan is one of the requirements to bid on contracts for the Florida Department of Transportation . This is not approval for Unified Certification Program Disadvantaged Business Enterprise (UCP/DBE) Certification . For additional information in becoming a DBE contact the Certification Section at (850) 414=47472 www . dot . state . fl . u s ® RECYCLED PAPER 00 ion � avin9 , �ne . P . O . Box 236067 Telephone : 631 -5523 / FAX 639 - 0497 Cocoa, FL 32923 - 6067 r 0 DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT N rn _ It is the policy of Goodson Paving, Inc . that disadvantaged businesses, :m defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14- 781 F . A . C . , shall have the opportunity to participate as subcontractors and r, suppliers on all contracts awarded by the Florida Department of Transportation . The requirements of Rule Chapter 14- 78 , F . A . C . , shall apply to all contracts entered into between the Florida Department of Transportation and Goodson Paving, Inc . Subcontractors and/or suppliers to Goodson Paving, Inc . will also be bound by the requirements of Rule Chapter 14- 78 F . A . C . Goodson Paving, Inc ., and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14 - 78 , F . A . C . , to ensure that disadvantaged businesses have the opportunity to complete and perform work contracted by the Florida Department of Transportation . Goodson Paving, Inc . , and its subcontractors shall not discriminate on the basis of race, color, religion , national origin , disability, sex, or age in the administration of contracts with the Department of Transportation . Goodson Paving, Inc . , has designated and appointed a Liaison. Officer to develop, maintain , and monitor the DBE Affirmative Action Plan implementation . The Liaison Officer will be responsible for disseminating this policy statement throughout Goodson Paving , Inc . and to disadvantaged controlled businesses . The statement is posted on notice boards of the Company . Q � a0 C 50 Aj President October 15, 2009 G I . DESIGNATION OF LIAISON OFFICER Goodson Paving, Inc . intends to recruit disadvantaged businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation . The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14 - 78 , F . A . C . The Liaison Officer will have primary responsibility for developing , maintaining , and monitoring the Company 's utilization of disadvantaged subcontractors in addition to the following specific duties . 1 . The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts ; 2 . The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation , and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of Transportation . The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department Transportation . Faith Hemric GOODSON PAVING, INC . 630 Cidco Road Cocoa, FI 32926 ( 321 ) 631 - 5523 59 - 2872065 II . AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan , Goodson Paving , Inc . has identified the following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods : 1 . Lack of qualified disadvantaged subcontractors in our specific geographical areas of work , 2 . Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation works 3 . Lack of interest in performing on Florida Department of Transportation contracts ; 4 . Lack of response when requested to bids 5 . Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid . In view of the barriers to disadvantaged businesses stated above , it shall be the intended policy of Goodson Paving, Inc . to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation . Goodson Paving, Inc . will : 1 . Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company ; 2 . Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract goals ( including , where appropriate , breaking down contracts into economically feasible units to facilitate DBE participation ) ; 3 . Provide adequate information about the plans, specifications, and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities ; 4 . Attend pre - bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company ; 5 . Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity . Goodson Paving, Inc . understands that this list of affirmative action methods is not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective . III . IMPLEMENTATION On contracts with specific DBE goals , Goodson Paving , Inc . will make every effort to meet contract goals as stated by utilizing its affirmative action methods . On projects with no specific goals , the Company will , as an expression of good faith , seek to utilize DBE subcontractors where work is to be subcontracted . IV . REPORTING Goodson Paving , Inc. shall keep and maintain such records as are necessary to determine the Company 's compliance with its DBE Affirmative Action Plan . The Company will design its record keeping system to indicate . 1 . The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided , 2 . The efforts and progress being made in obtaining DBE subcontractors through local and community sources , 3 . Documentation of all contracts, to include correspondence , newspaper advertisements , etc . , to obtain DBE participation on all Florida Department of Transportation projects ; 4 . The Company shall comply with Florida Department of Transportation 's requirements regarding payments to subcontractors including DBEs for each month (estimate period ) in which the companies have worked . v . DBE DIRECTORY Goodson Paving , Inc . will utilize the DBE Directory published by the Florida Department of Transportation . The Company will distribute Form Number 275 - 030 - 01 , Schedule A Certification Form Number 1 , to potential DBE contractors and assist in their completion . L- hJ a1. ILr ile � , � J � J 3uwcl-inee J ' I-r' .nj Sri . , iy �� : _ iailahassee , FL 3 399 - 0450 `FCit E AR + February 8 , 2010 MS FAITH B HEMRIC GOODSON PAVING INC 630 CEDO ROAD COCOA FL 32926 RE : NOTICE TO FDOT OF EEO OFFICER Dear Ms , Hemric . The Equal Employment Opportunity Officer Information submitted by : GOODSON PAVING INC has been received and added to the Equal Opportunity Reporting System . If there is any change to your EEO Officer this information must be reported to the Equal Opportunity Office at once . If you need any additional information , please contact me at ( 850 ) 414 -4742 . Sincerely , Erica Miller Contract Compliance Administrator Equal Opportunity Office EM /cg Attachment ( s ) www . dot , state . fl . us RECYCLED PAPER STATF OF FLORIDA DEPAR I MEN I Ur I K/\NJ UK I N 1 IVN NOTIFICATION TO FDOT OF EEO OFFICER tEQUAL OPPORTUNITY — 4 ef iAt k �L° Mail signed original to : FDOT Equal Opportunity Office , 605 Suwannee Street- MS 65 , Tallahassee , FI 32399- 0450 Section 1 : COMPANY IDENTIFICATION 1 . Con/t�raactoor� Name : 2 . . FEID No . : 3_H me Office Mailing Address : ( str t�_ 4. Home Office Mailing Address : (city, State, Zip)) , ate_ L_71a 5 . Main Phone Number: 6 . Fax Number: 2 - I . 5 ' 2 - — - --- '21 - a 0 4 7 . What is being Initial, EEO Officer Notice to FDOT New Person A ointed Appointee Chan ed Name Contact Data Chan ed Changed ? Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Section 2 : EEO OFFICER IDENTIFICATION 8 , NL� /m� e. o'ff EEO Officer : ( first name, middle initial, last name) 9. EEO Officer's Working Title : __I-�d.�L1 1 �� iri � —1..1 _ l C�.� r" 1" C� z• !J - 10 . Work Address of EEO Officer: (Street) 11 . Work Address of EEO Officer: ( city , state , zip) 12 . EEO Officer Phone Number: 13 . EEO Officer Fax Number: 14 , EEO Officer email address : —ter Section 3 : SIGNATURE OF CORPORATE OFFICIAL Ll As required in the Equal Employment Opportunity Special Provisions included in Federallaunded Highway Construction Contracts and as required in the Equal Employment Oppprtun Requirements included in all State funded highway construction contracts , this official notica=of EEO Officer appointment ( and /or update ) is made to the Florida Department of Transportation and -the U . S . Federal Highway Administration ( FHWA) . I understand that additional Information regarding the EEO Officer , the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook . 15 . Appointing Official 's Signature : 16. Date : (MolDa01 y/yr.) 17 . Of)fclal 's Name : rinted (P ) 18 . Official 's Title : (printed) ( This Section For FDOT Use ) Section 4 : Processing of Notification ii 19 . Proces d y : ( First and Last e) 20 . Date Processed : ( mo/day/yr) -C>1T z I DISTRIBUTIO Ongi "tto Central EO Office ;C-nny : Mailed to Contractor UPDATE ACTION : Input In EOR System FLORIDA DEPARTMENT OF TRANSPORTA1I0� EQU kLOPP - TUNI" OFFICE APPROVED : ^' DISAPPROVED : ---- [GATE : 2 i i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 CONSTRUCTION CONTRACTORS EQUAL OPPORTUNITY OFFICE BID OPPORTUNITY LIST Pap 8of8 Please complete and mail or fax to : Equal Opportunity Office 605 Suwannee St. , MS 65 Tallahassee , FL 32399-0450 TELEPHONE : (850 ) 4144747 FAX : (850 ) 414.4879 This information may also be included in your bid or proposal package . Prime Contractor/Consultant : Address/Telephone Number: X30 C. CDC, L 3 Bid/Proposal Number: DHS M No . L+2 1 (0 ' a ty S Quote Submitted MMNR: (a rt t \ 49 CFR Part 26 .11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list . , The list is intended to be a listing of all firms that are participating , or attempting to participate , on DOT-assisted contracts . The list must include all firms that bid on prime contracts , or bid or quote subcontracts and materials supplies on DOT-assisted projects , including both DBEs and non-DBEs . For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos . 1 , 2 , 3 and 4 and should provide any information they have available on Numbers 5 , 6 , 7, and 8 for themselves , and their subcontractors and subconsultants . 1 . Federal Tax ID Number: 51 , 2N 1833 6 • ❑ DBE 8 . Annual Gross Receipts 2 . Firm Name:_ A L7415 u4 l iP/J Non-DBE E] Less than $ 1 million 3 . Phone : R (3 — eJS -893 ❑ Between $ 1 - $5 million 4. Addre!s�_s : PQ1, Qax Sl E]`IS ' Between $5 - $ 10 million FWRI OA 33c:) 94 -1=:7L 7 . Subcontractor ❑ Between $ 10 - $ 15 million ❑ Subconsultant ❑ More than $ 15 million 5 . , Year Firm Established : 1 . Federal Tax 1D Number: 6 . ❑ DBE 8 . Annual Gross Receipts 2 . Firm Name: E�"Ie. k LLC Non- DBE ❑ Less than $ 1 million 3 . Phone : 13- 9 — OR4 t ❑ Between $ 1 - $ 5 million 4 . Address : t LAQ ❑ Between $5 - $ 10 million a VOLS PL `fes 7 . Subcontractor ❑ Between $ 10 - $ 15 million ❑ Subconsultant ❑ More than $ 15 million 5 . Year Firm Established : 1 . Federal Tax ID Number: 6 . ❑ DBE 8 . Annual Gross Receipts 2 . Firm Name : ;t�E ftk\k LP61 eo ASifUa4)f% Com , Non-DBE E] Less than $ 1 million 3 . Phone : 5t� 1 — SSS _ 3�, y ❑ Between $ 1 - $ 5 million 4 . Address : b C la ❑ Between $5 - $ 10 million �k -4 G i .Wm1mae" FL 33L?p t 7 . Subcontractor ❑ Between $ 10 - $ 15 million ❑ Subconsultant ❑ More than $ 15 million 5 . Year Firm Established : 470 - 8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 CONSTRUCTION CONTRACTORS EQUAL OPPORTUNnYOFRCE 03111 BID OPPORTUNITY LIST Page 11of8 Please complete and mail or fax to : Equal Opportunity Office 605 Suwannee St. , MS 65 Tallahassee , FL 32399-0450 TELEPHONE : ( 850 ) 4144747 FAX: (850 ) 4144879 This information may also be included in your bid or proposal package . Prime Contractor/Consultant : ©C�C� f Pw d 43 . Address/Telephone Number: (0 aso Ck/ �o �� pCDct Bid/Proposal Number: Quote Submitted MM/YR: 49 CFR Part 26 . 11 requires the Florida Department of Transportation to develop and maitain a "bid opportunity list." The list is intended to be a listing of all firms that are participating , or attempting to participate' on DOT-assisted contracts . The list must include all firms that bid on prime contracts , or bid or quote subcontracts and materials supplies on DOT-assisted projects , including both DBEs and non -DBEs . For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos . 1 , 2 , 3 and 4 and should provide any information they have available on Numbers 5 , 61 7 , and 8 for themselves , and their subcontractors and subconsultants . 1 . Federal Tax ID Number: 6 . ❑ DBE 8 . Annual Gross Receipts 2 . Firm Name* SBuctl 82 AT`46 , L3C_ Non-DBE ❑ Less than $ 1 million 3 . Phone : 8DO — ZLV9 —ZDqO� 4 . Address : 90Z 94 t-1 `� AX4L E] Between $ 1 - $ 5 million ❑ Between $5 - $ 10 million T��mpg FL • -5:� (oDg 7 . A Subcontractor ❑ Between $ 10 - $ 15 million ❑ Subconsultant ❑ More than $ 15 million 5 . Year Firm Established : 1 . Federal Tax ID Number : 6 . ❑ QBE B . Annual Gross Receipts 2 . Firm Name: 7 R h'NAR.K-, Si..) Cr Non - DBE ❑ Less than $ 1 million 3 . Phone : 40 - 1Z(, ❑ Between $ 1 - $ 5 million 4 . Address : CJO r— ❑ Between $5 - $ 10 million 7 . Subcontractor ElBetween $ 10 - $ 15 million ❑ Subconsultant ❑ More than $ 15 million 5 . Year Firm Established : 1 . Federal Tax ID Number: 6 . ,KDBE — W QE 8 . Annual Gross Receipts 2 . Firm Name : tJgE EtiVircho% ^%O . ❑ Non - DBE ❑ Less than $ 1 million 3 . Phone : g '1 — S - -74 5 $ ❑ Between $ 1 - $ 5 million 4 . /Adress : IRO . 6D S ❑ Between $ 5 - $ 10 million 3Z � "1L4 7 . , * Subcontractor ❑ Between $ 10 - $ 15 million ❑ Subconsultant ❑ More than $ 15 million 5 . Year Firm Established : 470 - 8 STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS 275-0 EQUAL OPPORTUNITY OFFICE 03111 BID OPPORTUNITY LIST Page 8of8 Please complete and mail or fax to : Equal Opportunity Office 605 Suwannee St. , MS 65 Tallahassee , FL 32399-0450 TELEPHONE : ( 850 ) 4144747 FAX : (850 ) 4144879 This information may also be included in your bid or proposal package . Prime Contractor/Consultant : '�. QOASnr-, �Ay ,� � ; At0r Address/Telephone Number: 'o ?3() ( A� �iCpcl `� Bid/Proposal Number: t W 1Jr) AMDLA 1? 041 'R10 Quote Submitted MM/YR: ( a A 49 CFR Part 26 . 11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list . " The list is intended to be a listing of all firms that are participating , or attempting to participate , on DOT-assisted contracts . The list must include all firms that bid on prime contracts , or bid or quote subcontracts and materials supplies on DOT-assisted projects , including both DBEs and non -DBEs . For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos . 1 , 2 , 3 and 4 and should provide any information they have available on Numbers 5 , 6 , 7 , and 8 for themselves , and their subcontractors and subconsultants . 1 . Federal Tax ID Number: 6 , DBE 8 . Annual Gross Receipts 2 . Firm Name : _ CC14D (3R � DC� ., � ` . Non-DBE ❑ Less than $ 1 million 3 . Phone : 6D`1 '74 _qyS b ❑ Between $ 1 - $5 million 4 . AddressI) a _ j50K . ❑ Between $5 - $ 10 million �LM � 2A uat� l� I ygaZ 70 Subcontractor ❑ Between $ 10 - $ 15 million ❑ Subconsultant ❑ More than $ 15 million 5 . _ Year Firm Established : 1 . Federal Tax ID Number: 6 . ❑ DBE 8 . Annual Gross Receipts 2 . Firm Name : KIEN A>asDf�% Non - DBE ❑ Less than $ 1 million 3 . Phone : 3z ( - 2L.E. ❑ Between $ 1 - $ 5 million 4 . Address : 3 4et> (, b', ( ,p ❑ Between $ 5 - $ 10 million T tk�JL �jLp 7 . { Subcontractor ❑ Between $ 10 - $ 15 million ❑ Subconsuitant ❑ More than $ 15 million 5 . Year Firm Established : 1 . Federal Tax ID Number: 6 . ❑ DBE 8 . Annual Gross Receipts 2 . Firm Name : L. SP Nv. Non - DBE ❑ Less than $ 1 million 3 . Phone : ❑ Between $ 1 - $ 5 million 4 . Address : ❑ Between $ 5 - $ 10 million 7 . Subcontractor ❑ Between $ 10 - $ 15 million ❑ Subconsultant ❑ More than $ 15 million 5 . Year Firm Established : 470 - 8 I J NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of r -oo'IDA County of /� f'yrtrP TTrt=F(Q,2 - VtCQ t7PSr6>� 1)7 ( Name/s ) being first duly swam , disposes and says that: 1 . They are VG2 forp&% dztq of D/1 Tip y nl' , the Bidder that (Title ) (Name of Company) has submitted the attached bid ; 2 . He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid ; 3 . Such Bid is genuine and is not a collusive or sham Bid ; 4 . Neither the said Bidder nor any of its officers , partners , owners , agents , representatives , employees or parties in interest, including this affiant, has in any way colluded , conspired , connived or agreed , directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such* Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion , conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract; and 5 . The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion , conspiracy , connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives , owners , employees , or parties in interest, including this affiant. ( Signed ) Wk — VIP (Title) 1eez) /T STATE OF FLORIDA } COUNTY OF Bl I 901 RI SS : The frlrngoing instrument was acknowledged before me this Gill (Date) by who is personally known tome or who has produced as ide ification and who did (did not a FAITH HEMRIC a %p COMMISSION # DD 879160 EXPIRES: AuguSi 8 Public �d liters Notary (print $ s " X11 D1 woo Co ission No . 00472 FAPubllc Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _691h (LAP )\Admlm\bid documenls\00472 - NONCOLLUSION AFFIDAVIT OF PRIME BIDDER .doc I CERTIFICATION REGARDING LOBBYING The undersigned Bidder/Contractor certifies , to the best of his or her knowledge and belief, that : ( 1 ) No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant , the making of any Federal loan , the � entering into of any cooperative agreement, and the extension , continuation , renewal , amendment, or modification of any Federal contract, grant, loan , or cooperative agreement. ( 2 ) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract , grant, loan , or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL , "Disclosure Form to Report Lobbying ," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying" , 61 Fed . Reg . 1413 ( 1 /19/96 ) . Note : Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 ( P . L . 104-65 , to be codified at 2 U .S . C . 1601 , et seq. )] (3 ) The undersigned shall require that the language of this certification be included in the awards documents for all subawards at all tiers ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements ) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 , U . S . C . 1352 (as amended by the Lobbying Disclosure Act of 1995) . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 ,000 for each such failure . [Note : Pursuant to 31 U .S . C . 1352 ( 1 )-(2 )(A), any person who makes a prohibited expenditure of fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 ,000 for each such expenditure or failure] The BiddedContractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition , the Contractor understands and agrees that the provisions of 31 U . S . C . A 3801 , et seq. , apply to this certification and disclosure , if any. Company Name : On Ppb 60tltzy. Authorized By. - IJ PA LLAP ST )6V\ L ( Print Name ) Title : Y t (�c �( �Qo,�r r Date : 00474 F:\Public Works\ENGINEERING DIVISION PROJECTS10845-Old Dixie Hwy Sidewalk US1 _691h (lAP )1Admlm\bId documents100474 - CERTIFICATION REGARDING LOBBYING.doc Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Primary Covered Transactions The Bidder certifies that, the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal , investigator, project director, manager, auditor, and/or position involving the administration of federal funds : ( a ) are not presently debarred , suspended , proposed for debarment , declared ineligible , or voluntarily excluded from covered transactions , as defined in 49 CFR s29 . 110 ( a ) , by any federal department or agency; ( b ) have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining , attempting to obtain , or performing a federal , state , or local government transaction or public contract, violation of federal or state antitrust statutes ; or commission of embezzlement , theft , forgery , bribery , falsification or destruction of records , making false statements , or receiving stolen property (c) are not presently indicted for or otherwise criminally or civilly charged by a federal , state , or local governmental entity with commission of any of the offenses enumerated in paragraph ( b ) of this certification ; and (d ) have not within a three-year period preceding this certification had one or more federal , state , or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation . " Company Name:GODA'!:0n Authorized By : ( Print Name ) Title : U � uz' C ,rvv Date :_ 5 /912 % % 00476 F:1Publfc Works\ENGINEERING DIVISION PROJECTS10845-Old Dixie Hwy Sidewalk US1 _69th (LAI` )\ Wdrnlmlbrd documents100476 - Certification Regarding Debarment.doc s <. .r �r � r . _ < m • . i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 27Sd3°-13 CERTIFICATION OF NON SEGREGATION & EQUAL oPPOKrUNrryOFFICE NON DISCRIMINATION 07°9 SECTION 1 : PROJECT IDENTIFICATION 1 . Financial Project No. Z F.A. P. No. 3. FDOT LAP Contract Nq.,J 4. County 5. District or Name of Local Agency R•" W 6. Prlme Contractor `s Name n O Sano \' 7. Company Name of Contractor Supplier, ntal Company air enSy Submitting this certificaf On 8. FEID NIII o of Co. in Box 7 s9 - z$7 SECTION 2: CERTIFICATION STATEMENTS CERTIFICATION OF CERTIFICATION OF NONSEGREGATED FACIUTIES NON DISCRIMINATION As a federally assisted construction contractor, I As a contractor, sub recipient or subcontractor on a hereby certify: the following for t his company ; Federally funded contract, this company certifies that it A. This company does not maintain or provide shall not discriminate on the basis of race , color, national rgin , or sex in the performance of such contracts, any segregated facilities for employees at ° any of our establishments and we do not The contractor shall carry out applicable requirements of permit our employees to perform their 49 CFR Part 26 in the award and administration of DOT services at any location , under our control , assisted contracts . The company agrees that a failure to where segregated facilities are maintained . carry out these requirements is a material breach of B . Agreement that a breach of this certification contract, which may result in the contracts termination or is a violation of the equal opportunity clause such other remedy as the recipient deems appropriate. In this contract. Each subcontract, rental agreement and or material C. We will obtain and retain identical supplier agreement this company subsequently enters certifications from proposed subcontractors Into for this contactwill require this same Certification , prior to the award of subcontracts exceeding It is the policy of this company to assure that applicants $ 90 ,000 which are not exempt from the are employed , and that employees are treated during provisions of the equal opportunity clause, employment, without regard to their race, religion , sex, As used in this certification , the terms "segregated color, national origin , age or disability. Actions include .a11 facilities" means any waiting rooms, work areas, employment, upgrading , demotion , or transfer; restrooms and washrooms, restaurants and recruitment or recruitment advertising ; layoff or fountains, recreation or entertainment area, termination ; rates of pay and other forms of transportation , and housing facilities provided for compensation ; and selection for training , including employees which are segregated by explicit apprenticeship, pre apprenticeship, and/or on-the-job directives or are in fact segregated on the basis of training, race, color, religion or national origin because of This certification extends to the project identified above habit, local custom , or any other reason , and affirms our commitment to insure nondiscrimination and to take affirmative action to assure equal opportunity as set forth under laws , executive orders , rules, regulations ( 28 CFR 35, 29 CFR 1630 and 41 CFR 60 ) and orders of the Secretary of Labor as modified by the provisions of FHWA-1273 . Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are 1 corporated In this certification . 9. Name firstllast of corporate Official signing Certification 10. Job Title of person named In Box 9 R4 I L , P r 1 ppzn, - V P �z PC&1 ren-r 11 . Signaturffl of Certifying Official 12. Date of Signature 00490 - 1 Xc TOW A `IN I ' u; ' sa, ; s n � f BUY AMERICA CERTIFICATE OF COMPLIANCE CERTIFICATa OF COMIPLIANC COMPLIANCE The bidder hereby certifies that it will comply with the requirements of 23 C . F . R. 635 .410 , as amended , and utilize only iron or steel manufactured in the United States , or components made with iron or steel that meet the Buy America requirements . Bidder acknowledges that it will be required to produce Buy America certification (s ) from the producer(s ) of the steel or iron or components prior to incorporating any such materials into the work or project. Company Name: (; bason PN SNC . Authorized By ; VAJ?A1L \ P %(ST1RWQ2 ( Si ) Ul ( Print Name) Title : � u �2, �I�,Si + rTc Date: 5f2�► �� 1 00492 F:\Public Works\ ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 69th ( LAP )\Admlm\bid documents\00492 - BUY AMERICA CERTIFICATE OF COMPLIANCE . doc N ww NL N If 41 Ir } 4 a 1 11 ell In 11 1 ,< In L,- �p . '-' �$ s ?D "d �'i; } � , t� 5 ' ' i ' . ,, t;° ,:? ^-' m .. .� t :- "' '- .:ai 1 . .. � ,��` -r:,*�- s 4 Sa3k ' �4i �., Ile ,. lti: ., DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287 . 087 hereby certifies that does : ( Name of Business ) 1 . Publish a statement notifying employees that the unlawful manufacture , distribution , dispensing , possession , or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition . 2 . Inform employees about the dangers of drug abuse in the workplace , the business ' policy of maintaining a drug -free workplace , any available drug counseling , rehabilitation , and employee assistance programs , and the penalties that may be imposed upon employees for drug abuse violations . 3 . Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection ( 1 ) . 4. In the statement specified in subsection ( 1 ) , notify the employees that, as a condition of working on the commodities , or contractual services that are under bid , the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any violation of Chapter 1893 , or of any controlled substance law of the United States, or any State , for a violation occurring in the workplace no later than five (5) days after such conviction . 5 . Impose a sanction on , or require the satisfactory participation in a drug abuse assistance, or rehabilitation program , if such is available in the employee 's community , by any employee who is so convicted . 6 . Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section . As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements . � Uvace, Res) cem Biddercl &Jjture Date 00494 F:Tubllc Works\ENGINEERING DIVISION PROJECTSt0845-01d Dixfe Hwy Sidewalk US1_691h (LAP)1Admlmlb1d documen1s100494 - DRUG FREE WORKPLACE CERTIFICATION.doc xleeftl Is w - c . , =a 5a m I' l> III I , . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.07046 -- LAP CERTIFICATION OF CURRENT CAPACITY PRODUCTION SUPPORT , zros CONFIDENTIAL Page t ort Fill in your FOOT Vendor Number For bids to be received on Suter � 2011 (Letting Date) VF S = 2 $ 2 O (: 0 6 L ell (Only applicable to FDOT pre-qualified contractors ) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm 's CURRENT CAPACITY (maximum capacity rating less total uncompleted work) . The total uncompleted work as shown on the " Status of Contracis an Hand" report ( page 2 ) $ t5ro1129 . 11 I further certify that the "Status of Contracts on Hand" report ( page 2 ) was prepared as follows: 1 . if the letting is before the 25th day of the month , the certificate and report reflect the uncompleted work as of the 151" day of the month , last preceding the month of the letting . 2 . If the letting is after the 251h day of the month , the certificate and report reflects the uncompleted work in progress as of the 15'' day of the month of the letting . 3 . All new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report and charged against our total rating . 0CJCsc 404(1 C _ I certify that the information above is correct. NAME OFY rIRM Swom and Is this day By: o 120 fkcl4,A+ Title FAITH HEMRIC 'r MY COMMISSION < DD 879160 _.: EXPIRES: August 91 2013 Bonded Thru Notary p ubP,c Underwriters f of 00496 - 1 w IV Iev 1 - 0- e LI 525-01 D•48 01 , IV I PRODUCTION SUPPORT IL STATUS OF CONTRACTS ON HAND , ,,� Page 2 of 2 ILL cIV Op ( Furnish complete information about all your contracts , whether prime or subcontracts ; whether in progress or awarded , but not yet begun ; and regardless of whom contracted with . ) f ILL 1.%4.,y IV ILL 2 3 4 5 6 IV 11OIL LI O,LLII I- . .. UNCOMPLETED AMOUNT TO BE DONE PROJECTS CONTRACT (OR AMOUNT BALANCE OF BY YOU OWNER , LOCATION AND DESCRIPTION SUBCONTRACT) SUBLET CONTRACT AMOUNT TO OTHERS AMOUNT AS PRIME AS CONTRACTOR SUBCONTRACTOR IV V Muun� R�;n�6 ��6 —tu � J CD �s} s., c�„H, � � � 132.0 _ oma2loi $22 . 5 ( (00f503 . 5 0 � f 3 ��0 . �� v U � ( ;+ � SV FCA roe . o � � 13f `Ilg . a ,� SI , S�2_ od SI , S$ 2 . o � ILL ILL F't a z . 94 7Ec wm m 0-1 S o Te�2 ! S, Gb�k- P �M . ►l. c>, ,11'A,rs Ca+rsh , to� 2 � S7, a-� 21o � $t . o u �U ( , 6 � 8 . ov 3$ I IS6S . too I IVLOW e Cl �i� D (? COCCXI " /,A f W� p J —(!C! . O 11 �Y $ I6 �� S32 . � �s, z3Z _ � ( s3v . N Nofzcal �t� GAL � f2QLl S1q t�ruy , u cry C 2�3 , 395 . o -v izo ,OVZ& ,�7s z �7 rk * Z7 r4 I gP°�cy ,A ,ti �i PA s 231, S79 , Eso ! I I fb53 . 1Z015LAL , ` t7 SLI 2 6 . obIV 11 de el Le 0, eee NOTE : Columns 2 and 3 to show total contract (or subcontract) amounts . Column 4 to be difference TOTALS $ p ,flp �O�O �Zg ( � $g•6� between columns 2 and 3 . Amount in columns 5 or 6 to be uncompleted portion of amount In column 4 . All amounts to be shown to nearest $ 900 . The Contractor may consolidate and list as a single item all TOTAL UNCOMPLETED WORK ON contracts which , individually, do not exceed 3 % of total , and which , in the aggregate , amount to less than HAND TO BE DONE BY YOU 6S6t ?Z$ • I 'j 20% of the total . Ile Ole, eeee (TOTAL COLUMNS 5 AND 6 ) v. IMF In 14 n In In IW STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION In 70ITQel ,y6 CERTIFICATION OF SUBLET WORK CON$TRUCTtrOIN In TO: THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONIII v II In In d �_ W°7 Date: 7/1 /11 nl General Info G 4ll{NC _ " r ;, sea ' In In RAP Not No I In , Prime Contractor CD actorIAI i s v �� 4 t Fin . Proj . ID : j7rA4 423t$b - 1 -58- o t � s� ✓ ' Z� . ay: — 1/� '' Cont No . : F. E . LD . # C PORATION , AFFIX 'Se,4,1 , t, ' Count : I NR� Ifea Ste( - 2 $120b t4 Ci � Co C1JIn Crxt �.• kIn %In In In Total Contract Amount AddressI In — " Total Work 11 %1 I I Inv FREEMEN I In '� Subcontractor Name �= FEI D # Subcontract to Whom Work Description Total Amt m,It o n > Sublet Q On /aL F�2p Ccr(us'tRticn �Jr rNC - gt -234183 //�1 /� � �/� �, / 1 11 In 3 l� Pw� r VClAI<uVrft h�ANQRA ( tb5 KEnj AtsnrJ Carl On) � ,7i•3c. � Rr� Sf t9c wAt3 �f5 rnf6v oa � (tel � viRvN /11GrTAi� , .Llu� r �sv,J Ori %CNC CfoS(on lon� tra � LS�011& ,, a � g IS. as 4(?s- Lin, 11 5 - , 1✓ rNUr .1W G. f NCS �S( A�aG 10 0 �. �5 O� RElr mel UMocR t l� nx, L �� . t Z� 41 n �►� • UN rou ll+, l ch �s 9F Int I 0 . °I i LS p Nuasu�- 1 MAO �n,;F sForrNC moo . AjW 07a rpiw CoAa,;M 64 All pertinent provisions and requirements of the prime contract including but not limited to Required Contract Total �j r 5 Provisions Federal•Aid Construction Contracts (FHWA-1273) and Special Provisions - Specific Equal Opportunity s�� 6 Responsibilities (Per 23 CFR-8339 or Federai•Atd Poilcy Guide) will be part of the subcontracL It is agreed that an State of FlOri Executed or a certified copy of the subcontract will be submitted upon request, to the State of Florida Department of County Of Q r I Transportation . All sublets will be In continued compliance with all Contract provisions and that the Contractor w81 continue to perform the minimum percentage of Contract work with its own organization , as required by said Contract. It is recognized and agread that , as prime contractor, the undersigned remains responsible for the proper Sworn t and subscribed before me this day performance of all requirements of said contract does not relfeve or release the undersigned and his surety or either Of I by In I In O of them of any liability under the contract bond. The Contractor shell send a copy of this form to the subcontractor/ p subordinate (with a copy of FHWA-1273 on Fedaral•Ald Projects) and the Surety Company. The Prima certify that ;( rint Fnam Of person signing Certification ) In U1 firms or Individuals, debarred or suspended by the FHWA or the Department, are not being used as subcontractors. Znr'' I AITH HEMRIC , I nenO N018 Ub r 'P ^O10MISS10N N DD 8791601 I 'll FF A false statement or omission made in connection with this certification Is sufficient cause for susIn III I " In pension , CXi- iFIES August 9, 2013 F^' revocation, or dental of qualification to bid, and a determination of non•responsiblllty, and may subject the person Commission Expires � �Xf, t • �r 'eJ ? I ru Notary Public Underwriters and/or entity making the raise statement to any and all civil and criminal penalties available pursuant to applicable c Federal and state Law. Personally Known OR Produced Identification Type of Identification Produced ell Te le I AUTHORIZATION TO EXECUTE BID DOCUMENTS ON BEHALF OF GOODSON PAVING, INC . I , Tom Goodson , hereby certify that I am duly elected and acting President of Goodson Paving , Inc . , a Florida Corporation ; and that Philip Stiffler, Vice President of Goodson Paving , Inc . has been duly authorized to execute bid documents and his true signature appears below : n` IT% Pl�� li iffier, Vice President IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Corporation this 28th Day of October 2010 . i Tdm Goodson , President Y el 11 1 I , eI 4F le, ell v er If Pion i Department of TransportatioI x ► c ►iSCOTI% 605 SLMM111ce Street ALNANT11 ►" ►Z.ks .-uD . 11 . 1 . . GON 1:► tvo ►z Tallahassee . FL 32399 - 0=150 SEC Rl'] T 10 May 27 , 2011 GOODSON PAVING , INC . 630 CIDCO ROAD COCOA FL 32926 RE : CERTIFICATE OF QUALIFICATION Dear Sir / Madam : The Department of Transportation has qualified your company for the amount and the type of work indicated below . Unless your company is notified otherwise , this rating will expire 6 / 30 / 2012 . However , the new application is due 4 / 30 / 2012 . In accordance with S . 337 . 14 ( 1 ) F . S . your next application must be filed within ( 4 ) months of the ending date of the applicant ' s audited annual financial statements and , if applicable , the audited interim financial statements . Section 337 . 14 ( 4 ) F . S . provides that your certificate will be valid for 18 months after your financial statement date . This gives a two month period to allow you to bid on jobs as we process your new application for qualification . To remain qualified with the Department , a new application must be submitted subsequent to any significant change in the financial position or the structure of your firm as described in Section 14 - 22 . 00 ' ( 3 ) , Florida Administrative Code . Your company ' s maximum capacity rating has been established . To access it , please log into the Contractor Prequalification Application System via the following link : httpss : / / www3 . dotestate fl us / ContractorPreQualification / Once logged in , . select " View " for the most recently approved application , and then click the " Manage " and " Application Summary " tabs . FDOT APPROVED WORK CLASSES : DRAINAGE , FLEXIBLE PAVING , GRADING , HOT PLANT - MIXED BITUM . COURSES FDOT APPROVED SPECIALITY CLASSES OF WORK : NONE %\A \ W . dotstate . t1 . us el 4 e-ell r, GOODSON PAVING , INC . May 27 , 2011 Page two You may apply , in writing , for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14 - 22 . 0041 ( 3 ) , Florida Administrative Code . Please be advised if certification in additional classes of work is desired , documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested . Sincerely , Juanita Moore , Manager Contracts Administration Office JM : cj NY NY GOODSON PAVING, INC . EQUIPMENT LIST ( PAGE 1 ) UPDATED 11 / 19 / 2010 DOZERS : SERIAL 1996 D3C LGP CRAWLER TRACT 7XL00743 2006 D3G DOZER D5ML DOZER 3DR00469 D5N DOZER AKDO0299 GPS LASER SYSTEM BACKHOES . KOMATSU PC300 LC5 - # 1 (WITH CONCRETE DENSIFIER) A20348 KOMATSU PC300 LC6 1999 - # 2 A83353 KOMATSU PC300 LC6 1998 - # 3 A80989 2003 CASE CX290 EXCAVATOR DAC07291721 LOADERS . CAT 930 1981 41K11275 KOMATSU WA250 ( 2006) 10072 VOLVO L90B VOLVO L90C 1997 L090V61432L90CV62632 VOLVO L120 1995 61224 VOLVO L90E 66031 SOIL MIXERS : BOMAG MPH 100 MIXER 109822806343 GRADERS . JOHN DEERE 670BX DW670BX540067 KOMATSU GD530A- 2C 210376 ROLLERS . BOMAG BW 120AD - 3 101170518875 INGERSOL RAND SD100 150513 HYSTER C340C STEEL DRUM C146C3175R HYPAC C530AH TRAFFIC ROLLER 10922201946 2005 HAMM ROLLER 94270 2005 HAMM 3412 ROLLER 00928 2010 HAMM HD 70 DOUBLE DRUM VIBRATORY ROLLER BROOMS : CASE JX55 BROOM TRACTOR HFJO03015 MASSEY FERGUSON BROOM TRACTOR OFF ROAD TRUCKS : VOLVO A25C - 05 5350V13332 IN If N IN I co O Nco CO U N 0 Vl pIN rn '-1 LL 01 IN It el U p H Q C7 H Z Q a � a ZN OW O Oa � � IN a' O � � Q w , .13 J = d- tIN tNNI; F- F� _ . . Z � p Y ^ O LU U D LJ LU = F-- u o a � � � � 0 �4 Ln W X O' O � cii � � . . � Q � > � O w W as UY QE cn aco Q M Q N > IN oo � p 0 � O � V �Q_ Vf z GL Y 2: LU O -It I'tag W � -a o ago 3 ^ m f Q 00 f � (j) LL Z ao 3 0, 0 0 � � � m fI NILIt „ - ,_ .; . <. , . , � , , . r j. „ N, �. III _n r , . .. . s s:: . ,. . . � ,,. ; . . . r. , a. ,. .. z .. 1 IF .. , , -.x £.� . . r,r t,.. . '.. .. ..: 1 . - ,, . 1 . . . .k'.a :.., n . 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'- .v ¢... >I Y} + a'ri. ... >< - .T .(<` .. `✓' r ., ,3 s '§ 4.u: ':s" z ' .. gk�1.1rS' ✓� ? a �.� at S .. w,r " � n,s?.: ,w. :c:, w �,";» , � x �� .. s °� � ks� '= v F` F "e '; � � au. s �, �.. e$?»" f � r h,� .;;. '' s,;3< �. 9'k � . .r f'. 'orm, ell BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT N0. 2010 - 2011 SUBJECT TO COUNTY ZONING RESTRICTIONS 881000275 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES PERSON(S ) , OR ENTITY BELOW: BUSINESS PERIOD : OCTOBER 1 , 2010 - SEPTEMBER 30 , 2011 GOODSON PAVING INC EXPIRES : SEPTEMBER 30 , 2011ek ee ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE P 0 BOX 236067 DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS. COCOA FL 32923 BUSINESS TAX RECEIPT IS SUBJECTTO REVOCATION FOR ZONING VIOLATIONS, AND / OR FAILURE TO MAINTAIN REGULATORY PRE-REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S), OR SUBSEQUENT ACTIVITIES, NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS, A PERMIT IS REQUIRED TO ADVERTISE (Including with signage) "GOING OUT OF BUSINESS". ellLISA CULLEN , CFC , Brevard County Tax Collector ATION : % P 0 Box 2500 , Titusville, Florida 32781 -2500 ell 630 CIDCO RD (321 ) 264-6910 elLi UNINCORP . DIST, 1 , FL 32926 UPON A CHANGE OF OWNERSHIP OR LOCATION , BUSINESS TAX RECEIPT SHOULD BE TRANSFERRED WITHIN 30 DAYS . IED BY: re le GOODSON PAVING INC ^52le TRAVIS GOODSON , QUAL 4' ell > INESS CLASSIFICATIONS , DISCLAIMERS, AND RELATED FEES : EXEMPTIONS : NON EXEMPT PENALTY: $ . 00 300255 EXCAVATING / LANDCLEARING 300465 PAVING CONTRACTOR 590501 HAZ, WASTE GEN, SURCHARGE 820005 2010 - 2011 RECEIPT AMT $ 37 . 00 l. � - 2011 HAZ WASTE 40 $40 . 00 dr -RCT. -- NUM TILL DATE AMT PAID PAID-9231420 . 0001 -0001 HST 07/29/2010 77:00kAll lel le el ell el BRANCH OFFICES : Merritt Island Office , 1450 N . Courtenay Pkwy, Merritt Island , FL 32953 Melbourne Office, 1515 Sarno Road , Melbourne , FL 32935 We Io_ , o nu: A � AA a ' Vill 3 ell ell ..r..+ uxv k;T>s, � ,�a `5 ��,:�'"kfi A. -. �,* ��``'' ,:u. 4. ,. i .-� .�t�L: .; r N a ,3.� ,�- t �< .:k. y � •,.r 9 ^�, �:a��i �s.,. 7n < ,�=am� h����u�',��r3:. ..'a �a,.-�.3� .� ,a . vv�� � � : " 2„ ; s� . � �.,. � �~uhw��,L;, .�� a�„�s��_, s.�: . s.� ,., , .>£ . �. ..W . .r � 4 „ > ...a, v.„,. � rw_ � �a� " far, {_��;r �.5.. . �.�.. ..srM��r_ :' �' .� �S �. s3•,��:�a � .� ..,. . .�. r rk5 ,r� . , FFFkL fs < .F. . t -� t. g r . . .. , . : : h , a k :z• �+ :+ F I - "S s� ., x ., -,:, . �., .a... ?1 r.. ,..� �:,, e 4°. >a ;~ S . T � 4 � use - . . J a... . a` a . ,">,,. 3' °g�"`v1 ,.. 3 x ,�3 a,. s ,:: 4 , �- . , " -.w ym, w ,° *'. s�C S 'Y^ ;xa,..• . v. ^ 1g It �rIle ^ 1.4 We ATet a k >•� re - - - Y ..a, ss , . ami. ,• 3. . �� . . - ' - �` , Y It e lY qQO' "cc�St '-"` # ,�, r CQu 'l,?y� l L" 3TV te F; 4v � . .: ; _8 _e n br I �+ r FF� K 4t ,a LDS SPA tT ENT r . N I IF c rp , R i r � ,;.; ; r '' ,J bit � Aa�1'Q5, �IF X x` h . r � r :t Dx ' w - 4 .tl o 'e x; . ,.%It .h y s*f /61Q'^ r v ,x q.o v} Y,. C ,e : � , rz, d.„k •e,�!' � '. - . {�' . ir,!t�9�. , y7 «1 ot xIIILI " It Oki —A 'w,rr ?" ,III k.1gf ;.. ;:r`-` r" GFX."' rb6g78 I III wvc� � . oun . , ice r Ae `. A s}�': a. p : ,.5 r ES3 q ' -c+1* tq :i �y , . a3:::.ry S+ ,: M ,f:. . fC�L$' _y7 9r { _ IF . Y . ' c a ,x ,� y v>-"a , n,�,' � -°z-4. i, ..,a+k �'y � Q v �' . 'rxx=. nirr� {OF 1 t ne IFF ; �.r.€ , fIf 4.1 t l{ .i P IF FAIL, i� YFtY IS Ar. I - Y,s-7, J sb4 2 ,y -:, [,Ft t f " " Y 2Ile tr r ' e>5 x T ! $ i - . AF, , u > .i4r At { CERTIFI. 'f ATE It I IF I FIF It % f . U �C T�IPET IAF FINC Fee e CERTIFICATE, NO . : EX52 ok Ito IF IF p IF � . THIS CERTIFIES THATIle Fee: E TRAVIS GOODSON IF GOODSON PAVING INC . ILIit IF HAS QUALIFIED AS A : EXCAVATING CONTRACTOR THIS CERTLe 1 , ILIIFICATE IS ISSUED FOR THE UNINCORPORATED AREAS OF let let BREVARD COUNTY , FLORIDA, THIS 25th DAY OF MARCH, 2002FF QUALIFIED BY . GRANDFATHERING I It Iler NICK MTEK • : CHAIRMAN , BREVARD COUNTY CONTRACTOR LICENSING BOARD IF t C /k DEDr N '�Vll' 1GNA te SECRETARY , BREVARD COUNTY CONTRACTOR LICENSING BOARD LL - � s "THIS IS NOTA B USAN ESS T 1V RECEIPT" PLEASE VERIFY ALL INFORMATION FOR ACCURACY IF BREVARD COUNTY IMPORTANT ! CONTRACTOR LICENSING BOARD THIS IS YOUR CERTIFICATE OF COMPETENCY CERTIFICATE OF COMPETENCY DISPLAY AS REQUIRED BY LAW UNDER BREVARD COUNTY ORDINANCE CERTIFICATE NO . : EXPIRATION DATE : CHAPTER 22 , ARTICLE VI AI EX52 08/31 /2011 EXCAVATING CONTRACTOR LL TRAVIS L GOODSON ° _R I GOODSON PAVING INC <, 630 CIDCO ROAD COCOA FL 32926 jI Ile, :. . IF p� *� `" „�`�N�S4,"2',. �'^'£,§ �n i Ct�r' .� 4� � :..a 's' Jo.. ., fi� ifte �. i. art x 5 • �3 � . [ i �.. ^^� ., 'a• L, .was z - xs w ) ¢ - r ?v? . s : rA r FIA r x 3� ",,r- ,: ' k ' ,- '< ri ,.:`" ,.,�;• ' r +� '� 5 x .� r , , ,^ , ",�' V�;`.,x, . . . ,i .<r s _ k7"? „,�c s _ .x... ;°; °x ., `� >�`: ,:: �:�t;" i , .�"�..,v. m >sr,> .�",", ai�. .r . . � .. : Vr, ,. _ , ri ,tsik . s4.,z6t%' a<� r`k.�, k,,,,,, F +i.�z r i aafi~ a.•TM..Fr.^§,a<,,a"��#^k"e n , ,`.`1... r . .:9 . .:,f,#==.k".+;.,aY'P.k i :. s ru'—a', ,q,e;,,.`,�k ?, r' sx ,� t #y ,. ..r srx Cr '} l �� t � ,� r L ,x+ +. 13 14 , „ ", . :�v"� � o. fi. .Y > .d s d s All t rX "?rteIL ,- "_ �aEvAd� BREVARD COUNTY PLANNING AND DEVELOPMENT DEPARTMENT Ik Ilk I 'll ko`` o LICENSING REGULATION AND ENFORCEMENT 2 2725 Judge Fran Jamieson Way , Suite A - 105 Phone : ( 321 ) 633 - 2058 rr Viera , FL 32940 Fax : ( 321 ) 690- 6878 �eOW www . brevardcounty . us/licensing Ilk CERTIFICATE OF COMPETENCY CERTIFICATE NO . : UG1318 Ilk THIS CERTIFIES THAT : TOM GOODSON RENEGADE UNDERGROUND LLC HAS QUALIFIED AS A : UNDERGROUND UTILITY CONTRACTOR All THIS CERTIFICATE IS ISSUED FOR THE UNINCORPORATED AREAS OF BREVARD COUNTY , FLORIDA, THIS 29th DAY OF MAY , 1990 QUALIFIED BY : EXAM NICK WITEK CHAIRMAN , BREVARD COUNTY CONTRACTOR LICENSING BOARD DENISE CAMPAGNA_ SECRETARY , BREVARll COUNTY COA ' Ii{ACTOR LICENSLSU BON" " THIS IS NOTA BUSINESS TAX RECEIPT" PLEASE VERIFY ALL INFORALLITION FOR ACCURACY 4 BREVARD COUNTY IMPORTANTI CONTRACTOR LICENSING BOARD THIS IS YOUR CERTIFICATE OF COMPETENCY CERTIFICATE OF COMPETENCY DISPLAY AS REQUIRED BY LAW UNDER BREVARD COUNTY ORDINANCE CERTIFICATE NO . : EXPIRATION DATE : CHAPTER 22 , ARTICLE VI U G 1318 08 /31 /2011 UNDERGROUND UTILITY CONTRACTOR TOM GOODSON RENEGADE UNDERGROUND LLC 630 CIDCO ROAD - COCOA FL 32926 ,:,,� ,Ilk g. x - �. a `h 2c'" { :L. x '° ' a ,^' c { • ' 61, :+ 5 rVkv I t, ' z-x 5 ' :r s ,• :ear' ; . .... .,' s�. a3"'.. 'w' x 4 --•..' 1 , ,t „ , . s ,-:', y, s . , ...� ,. _ >.a ,.:: s . .,: .., < h'* e } �3 7$ ,� #+�• t£ s � 1 M. „,'4„ ,r t �, x { -£ :: r rs� s G '° S A ez ell✓ r � ' fin,res• wIn t In 11 1 1 11{ en ne4 In City of Cocoa , Florida LOCAL BUSINESS TAX CERTIFICATE 65 Stone Street 3 in Cocoa, Florida 32922 321 433 8501 Certificate 11 - 00000 117 In 10/ 10 - 09/ 11 GOODSON PAVING INC 630 CIDCO RD COCOA FL 32926 nn BASE_FEE CHG PENALTY TOTAL lee E42 . 55lee _ . 2 0 . 00 NAICS Code : 237 A penalty will be imposed on any persons failing to postlee - this certificate conspicuously in place of business or for not Classification : Heavy and Civil Engl g ; rcnewina by September 30`s . This certificate is transferable lee Local Business Tax Certificate : 11 - 00000 only under conditions stated in Chapter 13 , Municipal Code In CITY of Ordinances . This Local Business Tar Certificate does Ile Date Issued : November 01 , 2010 not constitute an endorsement approval or disapproval of k the holder ' s skill or competence or for the compliance or Date Expired : September 30 , 2011 'v non -compliance of the holder with other latus , regulations M / or standards . Location Address : Ir Community Development Deot/Buildin2 Division 630 CIDCO RD . In COCOA FL 32926 en Late Penalties : as of October 1Sc 10 % . As of November 1St 15 % . As of December 1St 20 % . As of January 1St 25 % . lee Operating a Business without a license is subject to civil actions and a penalty of up to $ 250 . In ( This is not a bill — Do Not Pay ) `�� a,;,. r �� � ; ,g,��, �,. -ai ° a� � x �, a� =�`'� �" ,� f k ' 1 s ria F �` ' �� 4r• ,w , ' �� �.: z ,w ,., I �. ;u{ 5 s ye�, ` � .x ...: n r •,t lv Ir .;: . '' �{ r ' ,� . t` k` .y Kee eraIL " elle t . ,. .� x. , , ,..� , . . "; , : ` . , _ +, s.� _;aa'rLLLLLkd ' .�E . . - 11 r eIV 1'44 I TV . -.,7 In Board of Professional Surveyors & Mapper In Twelve ( 12) Conti lir g. Educations UnitsIn Pravrdrerin # CEP05 In nn If found , please mail tc : Russell Dix Flo,rlda Safety Council i�Ias completed 16 Hours of � � 427 N Primrose Drive , raining in Intermediate Orlando FL 328013 Maintenance or Traffic course 10I n1 1 - 800 - 372 - 3335 Meeting FDOT requirementsTV 12 / 10105 121 019 _ Date Expiration Provider tic 15 Roger Sanders Instructor miliam Shooter 62234 occupational Safety Director VI Certafaccrti6e of C' OTnPle ill r TV lnh s card` confirms that RUSSELL DIX has completed the NUCA Confined Space Entry "'Program On June 6 1998 ill Instructor f _ c Pte — IV I Issued by The National Utility Contractors A.ssociatiort. In E In c� ydrPs rift _ Id :i 1 ,t{ 7C .1 C w r) 1rl �Jt ? 3 4 p �r RnV rr I! , s �. .. • con hr' ICt 1 !- cit Id d i'� LJSSELL� C: , DIX , IS r IV -- -- - - -- h s ) mpleied i i C'.o ; n !) eten : 'erson T ! in : n = ro � ram IV I I FM 1 Tell I -MAV 30r 1998 :1 It ! s ` r 2 Issued by F . TV In I In V. IT ntI rr 74 S Iia '< s r z : `G '^ �yd """' 11 nI fi IF "rte S` us, z kb - s n e ."a m S�.sSy . ,. T'L ...v.� e"k* a 'v' . 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"t3 ICN NI' c,I 1I 4 ;., C 4TS eI .x .sx. OF jj s4 All V p ca Y ! 1 .y 't aF t k f art p Znt yIN - Y of, , bw xa 4d7 � � r Ia t, Ne IN :r ofI CD Q a, 4 CU Free I . FIIpL INS I IF c NI it . � L IN � U FIN IN It F , let IN I N4. eVTo IF '�. 0 Not IN 11o 1 41 I INS ® c o Fir, IN �•. - aIFF OL IT I 4IN be I IN Is Took If If o 0 +" c Nook Not L — O N oFeel IT IN Ifee IE xW PF IN el Verlep . O L to ■ Not � � UI let Lee �� V ■ _� -+-r INS, I A Fee' IN ek- IF Co. ' i vo fLI -IArtIN ,, to I No 5e L NINE: \ YIf jr Ill Net, OIF I IF : N1 I cnFee NIN O ell Cle N it � � cl) ■ �� N I ICU No N 1 No _ NI III All NI IN 11 . See I It" t At MiumN > O IN I Net I"t f IN Ir Z t DoNo q -t It to— No oIF IN VI IN kI CL ' ICFe; NI 5 ,yj�•'"s. 1 � 9rij . w.. look,� �t'C ire � 'a .� >r�" „"�y"_' ,�% `q�' ��p c FC y r' �, _ ,bYY j �SFree Notp _ Ov To 41", � �/. y is �r�� MOR OY _ P 1 Ion fpr. `�', "� iY ' ezJLT � !g a�•Y oft gra ���''( ra a y } y +r �, say �bMe \ '. ';. �` a JC'16S. I `a N. , 1 �i.sN i 1 t i oI.IT .f '3="0. c.[tic �. �* ? >Y mN j/ � Y - _'` Test TV IT IT '9'� rr'�}' "^' tiCw, k "'c S� .:,,.-,! �„*�.J!L¢ r,x ' y '" � ..'nm v .t^ t- aL -t wjie, ` -rok aL� � . ,.., ,III Wi, s 6 51... :=.: r 's'� i s S � 4fi c�or— "�vrr " of F4 x"d y , , 1IN 11 1 1 e, Irk 5 °"^n• ` e:. - Y IV I le If IFr Fe IFF l fee 3 • BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT N0, 2010 2011TAXSUIECT TO COUNTY RECEIPT SHOULD BE DI PIL YED ON P EMISS SS 885035215 THE PERSON (S) , OR ENTITY BELOW : BUSINESS PERIOD : OCTOBER 1 , 2010 - SEPTEMBER 30 , 2011 RENEGADE UNDERGROUND LLC EXPIRES : SEPTEMBER 30 , 2011 ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE 630 CIDCO RD DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS, COCOA FL 32926 BUSINESS TAX RECEIPT IS SUBJECTTO REVOCATION FOR ZONING VIOLATIONS, AND / OR FAILURE TO MAINTAIN REGULATORY PRE-REQUISITES AS REQUIRED FOR BUSINESS CLASS] FICATION(S), OR SUBSEQUENT ACTIVITIES, NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS. A PERMIT IS REQUIRED TO ADVERTISE (Including with signage) "GOING OUT OF BUSINESS', LISA CULLEN , CFC , Brevard County Tax Collector LOCATION : P 0 Box 2500 , Titusville , Florida 32781 -2500 630 CIRCO RD (321 ) 264-6910 CITY OF COCOA , FL 32926 UPON A CHANGE OF OWNERSHIP OR LOCATION , BUSINESS TAX RECEIPT SHOULD BE TRANSFERRED WITHIN 30 DAYS. OWNED BY: RENEGADE UNDERGROUND LLC UG1318 TOM GOODSON QUALIFIER BUSINESS CLASSIFICATIONS , DISCLAIMERS, AND RELATED FEES : EXEMPTIONS : NON EXEMPT PENALTY: $ . 00 300750 UNDERGROUND UTILITY CONTR . 820005 2010 - 2011 RECEIPT AMT $37. 00 OF IF IF IF IF I I � rj IF RCT. NUM TILL DATE AMT PAID If IF; FI HST 07/29/2910 37000 Fee BRANCH OFFICES : Merritt Island Office , 1450 N . Courtenay Pkwy, Merritt Island , FL 32953 Melbourne Office , 1515 Sarno Road , Melbourne , FL 32935 Palm Bay Office , 450 Cogan Dr. SE , Palm Bay, FL 32909 MAIN OFFICE : 400 South St . , 6th Floor, Titusville , FL 32780 (321 ) 264- 6910 , (321 ) 633-2199 , ext . 46910 ..�, , e .;,�", "r s . . ,., Dr L�Jc: zH p , �: - C� -� trJ � ZH o ;III Nmc� Nye; _11 roHrmm - 11 C1 rn ',rl 0 ; K � �L ' N Q. W Q W N. ort (7 O O 7� f=1 EY E1 fT Ell N M1 r `,I Ip i For 11 . 1 C] c10 z o d rt b', 0 11 � ' x O l=] to N �' .cD H � .n4� us o m ,� �t 1 r , O ell I O :U Hyo O Q 0 ` CO . Off' � �' n'O H 0 (D t� z O11 114 11 4 Id 41 o ` IOPP H �' O Z `.i . C7 .; '; I OF I4 ArI A ON IN � r eI If Idz � : ro � :roI , : tom . it C t" t� C7 . Q b $ W 1 AF LIP IF 1I off] H C] trJ " p. fi OI it , � Feeit 11 IIIII - Ordf�f N . O H_ p 1. 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III ��' i'ui �-r :� y l l ..I N .� ;, OD JH_ __ pb I rChr'd 'l ' ' J _ , 4� �' t a k ' of iH VIII o LIP ayxlt [+] �". i,, d I I '� � N {� � p - No ":1, � ' [AO r � N yRPI f71 � . fk I %7jIvj :vIII Hhe _ — w ''' 1 i Ofee Ur — t7 -I f; a F1 Ior t I 1 ^4 TO IT 1 City of Cocoa , Florida LOCAL BUSINESS TAX CERTIFICATE 65 Stone Street Cocoa, Florida 32922 321 433 8501 Certificate 11 - 00002625 RENEGADE UNDERGROUND LLC 10/ 10 - 09/ 11 630 CIDCO RD COCOA FL 32926 BASE FEE CHG PENALTY TOTAL 74 . 00 0 . 00 0 . 00 10 . 00 NAICS Code : 237 A penalty will be imposed on any persons failing to post p this certificate conspicuously in place of business or for not Classification : Heavy and , Civil Eng renewing by September 30th. This certificate is transferable Local Business Tax Certificate : 1141"00;0;0 ' e ='� only under conditions stated in Chapter 13 , Municipal Code of ordinances. This Local.Business Tax Certificate does Date Issued : July 30 , 201 1 not constitute ari endorsement approval or disapproval of Date Expired: September 30 , 201 4 1 the holder's skill or competence or for the compliance or }: non-compliance of the holder with other laws, regulations or standards: Location Address : 630 CIDCO RDCommunitvDeveloomentDeot/BuildineDivision COCOA FL 32926 Late Penalties : as of October 1St 10 % . As of November 1St 15 % . As of December 1 St 20 % . As of January 1St 25 % . Operating a Business without a license is subject to civil actions and a penalty of up to $ 250 . 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RENEGADE UNDERGROUND LLC 4 Let LL If I I OF IF IF IF HAS QUALIFIED AS All IF UNDERGROUND UTILITY CONTRACTOR THIS CERTIFICATE IS ISSUED FOR THE UNINCORPORATED AREAS OF BR EVARD COUNTY, FLORIDA, THIS 29th DAY OF MAY , 1990 QUALIFIED BY : EXANI Nl1CK WITEK CHAIRMAN , BREVA_RD COUNTY CONTRACTOR LICENSING BOARD DENISE CANIPAGNA SECRETiARY , BRE"VNRD COUNTYCOIi" RAC 'I'6IZ" LiC-ENSril%iG1;OAIZD " THIS IS NOTA BUSINESS TA_X RECEIPT " PLEASE VERIFYALL INFORMATION FOR ACCURACY BREVARD COUNTY IMPORTANT ! CONTRACTOR LICENSING BOARD e THIS IS YOUR CERTIFICATE OF COMPETENCY CERTIFICATE OF COMPETENCY DISPLAY AS REQUIRED BY LAW UNDER BREVARD COUNTY ORDINANCE CERTIFICATE NO . : EXPIRATION DATE : CHAPTER 22 , ARTICLE VI UG1318 08/31 /2011 UNDERGROUND UTILITY CONTRACTOR TOM GOODSOiN RENEGADE UNDERGROUND LLC J � • 630 CIDCO ROADI - COCOA FL 32926 I if el n r GOODSON PAVING, INC . PROJECTS COMPLETED ( as of 05 / 25 / 11 ) OAKRIDGE — Sisson Road, Titusville $ 1511219 . 52 Rac, III Lanny Zabor ( 321 ) 259 - 2800 Completion Date - March 2007 BENT OAK — Grissom Pkwy. & Meadow Lake, Titusville $448, 657 . 34 Condev Homes Chris Gardner ( 321 ) 679 - 1748 Completion DatemJanuary 2006 FAIRWAY CROSSING — Eldron Rd ., Palm Bay $ 957, 762 . 02 Lennar Homes in Jerry Lawson ( 321 ) 636 - 1797 Completion Date- May 2006 STONE BRIAR — Eldron Rd ., Palm Bay $ 118511413 . 04 Lennar Homes Jerry Lawson ( 321 ) 636 - 1797 Completion Date -April 2007 NORTHRUP GRUMMAN — Melbourne $915, 646 . 42 Clayco, Inc . Tom Sheckhaus ( 314) 429 - 5100 Completion Date -July 2007 DRS — Babcock Street — Melbourne $ 6601310 . 30 Sutton Properties Court Sutton ( 321 ) 7251m1240 Completion Date =August 2007 H W51F NNW ILI 71, ry S HIDDEN HEIGHTS — Melbourne $435, 610 . 99 McWilliams Construction Dave McWilliams ( 321 ) 255 - 5156 Completion Date - April 2007 WHISPERING WINDS — Melbourne $ 6721843 . 14 McWilliams Construction Dave McWilliams ( 321 ) 255 - 5156 Completion Date - October 2005 €a HOLMES PARKING LOT A- B — Melbourne Doug Wilson Enterprises $ 173, 597 . 47 Gene Parlotto ( 321 ) 783 - 0903 Completion Date -April 2008 TREASURE COAST WAREHOUSE — Melbourne $ 387, 252 . 36 Geoghegan Company Mike Geoghegan ( 802 ) 496-4900 Completion Date- November 2007 TUCKAWAY ESTATES — Rockledge $ 3, 723, 043 . 00 Bainbridge Development Daniel Barrett ( 561 ) 951 - 5072 Completion Date -January 2009 PALM BAY REGIONAL PARK — PHASE II $ 272, 486 . 00 Canaveral Construction Art Lloyd ( 321 ) 269 -4001 Completion Date - November 2008 SBBC - ESF PARKING LOT $ 578, 966 . 00 Heard Construction Fred Schmidt ( 321 ) 452 - 5494 Completion Date - November 2008 I In Ir te s In HERITAGE ISLE PHASE I AND LEGACY BLVD $ 2401190 . 03 Lennar Homes, Inc . America Espinal 407-475 - 6603 Completion Date- November 2008 HOLMES REGIONAL MEDICAL ARTS $ 262, 273 . 96 Doug Wilson Enterprises { Doug Wilson 321 - 783 - 0903 Completion Date -April 2008 PIER PLAZA $ 214, 693 . 52 Doug Wilson Enterprises Doug Wilson 321 - 783 - 0903 In Completion Date -January 2008 BCC - MELBOURNE KING CENTER RENOVATONS $ 861993 . 05 BUS PARKING Brevard Community College Glen Burgess 321 -433 - 7045 Completion Date - November 2008 HOLLYWOOD & SNICOLE IMPROVEMENTS $ 763, 393 . 15 & ABRUZZO DRIVE Cypress Creek Holding, LLC Ryan Rusnak ( 321 ) 953 - 3300 Completion Date-January 2009 HAMMOCK LANDING $ 3,444, 562 . 50 EMJ Corporation J . R . Hancock ( 423 ) 855 - 1550 Completion Date - March 2009 DIAGONAL ROAD / MINTON ROAD TIE - IN $ 329, 654 . 98 Don Facciobene, Inc . Jim Monarchy ( 321 ) 727 - 7100 Completion Date - March 2009 e In nee I Ile I 7%C It In In I In el I "I � .. ; � IN I IN ., _ �, u , . v r ' r APOLLO WAREHOUSES PHASE II $ 291981 . 80 Geoghegan Company Mike Geoghegan ( 772 ) 794- 1803 Completion Date - February 2009 BRPH NEW OFFICE BUILDING $ 6971611 . 00 BRPH Engineering Wendy Wilson ( 321 ) 254- 7666 Completion Date —June 2009 SUMMER BREEZE SUBDIVISION $836, 635 . 00 Damar Homes Marshall Waller ( 321 ) 302 - 2493 Completion Date — August 2009 ROCKLEDGE HIGH SCHOOL-ATHLETIC FIELDS $ 698, 729 . 23 Canaveral Construction Company, Inc . David Nash ( 321 ) 2694011 Completion Date — September 2009 OCEAN OUTFALLS $ 292, 463 . 86 The Watauga Company Jason Snodgrass KI ( 321 ) 267 - 5785 Completion Date — October 2009 MERRITT ISLAND LIBRARY $ 1721653 . 00 Canaveral Construction Company, Inc . David Nash ( 321 ) 269 -4011 Completion Date — February 2010 HERITAGE ISLES PHASES II & III $ 1461495 . 80 Lennar Homes, Inc . America Espinol ( 727 ) 479 - 1700 Completion Date — April 2010 WICKHAM PARK INTERSECTIONS IMPROVEMENTS $ 3001000 . 00 Brevard Parks & Recreation 77 77W M�w Al ej Ile lee 14 It 15, w s ,dam F t -w 'z ,3 s F . ..r ,?�„h . .III I v r �, .; ,: .: : i . r .,.- ., .. , - r .. , . _ ,, , �-. ,y ,.. „ . -. - ... f / R rc A Lisa Leuschner ( 321 ) 633 - 2046 Completion Date — August 2010 SATELLITE HIGH SCHOOL PARKING Heard Construction $ 161, 925 . 16 Harry Earl ( 321 ) 452 - 5494 Completion Date — September 2010 SABAL ELEMENTARY SCHOOL $ 240, 728 . 08 Heard Construction Harry Earl ( 321 ) 452 - 5494 Completion Date — October 2010 T & D WAREHOUSE $ 375, 680 . 00 J . L . Wallace Construction Harold Morgan ( 239 ) 437 - 1111 Completion Date — January 2011 MICCO ROAD RESURFACING PROJECT $488, 483 . 96 Brevard County Board of County Commissioners Harriett Raymond ( 321 ) 617- 7202 Completion Date — March 2011 OCEAN BEACH BLVD . $ 210231015 . 84 Quentin Hampton & Associates Andrew Giannini ( 386 ) 761 - 6810 Completion Date — March 2011 s e lee If I el Ile el IN N% I NN y 'e � t � C�'- " rv .�. a 41 � Y t ,P , n, " ✓; `` a *x. '"`:, 'eY ..'. � $ sax.`... It B0 " D OF CO UNTY COMMISSION�rzS � a VER y ♦ 'C R10�* November 1 , 2011 Goodson Paving, Inc . Attn : Mr. Philip Stiffler, Vice President FedEx Overnight 630 Cideo Road Cocoa, FL 32926 NOTICE OF AWARD Reference: Indian River County Bid No. 2011045 Old Dixie Highway Sidewalk Improvements from 38th Lane to 651h Street Dear Mr. Stiffler : I am pleased to inform you that on November 1 , 2011 , the Board of County Commissioners awarded the above-referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1 . Public Construction Bond in the amount of 100 % of the contract amount ($1 , 074, 121 .26) . 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 . 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 November 16 , 2011 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . In addition, enclosed are two (2) copies of the Agreement. PLEASE EXECUTE BOTH COPIES AND RETURN THEM TOGETHER WITH THE REQUIRED BOND, CERTIFICATE OF INSURANCE AND W-9 TO THIS OFFICE. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office. Sincerely, erry Davis , Purchasing Manager cc: Michael D. Nixon, P. E. , Roadway Production Manager, Engineering Office of Management and Budget • Purchasing Division 1800 27`h Street, Vero Beach, Florida 329609(772) 5674000 Ext. 1416•Fax: (772) 770-5140 E-mail : purchasing @ircgov. com SECTION 00520 - Agreement ( Public Works ) TABLE OF CONTENTS Title Page ARTICLE1 - WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE2 - THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE3 - ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE4 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE5 - CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 7 - INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 8 - CONTRACTOR ' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 - CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 10 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement ( Public Works ) REV 04-07 00520 - 1 \\Fileserver2\Public\Purchasing\Bids\2010-2011 FY (2011000 )\2011045 Construction of a 5' wide concrete sidewalk and pedestrian bridge\00520 - Agreement ( Public Works ) REV 04-07 . doc el if fv 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 GbodSCN PAVIWvi SNC . ( hereinafter called CONTRACTOR ) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 - WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents . The Work is generally described as follows : The project will consist of construction of a 5 ' wide concrete sidewalk on the east side of Old Dixie Highway from Sta . 21 + 00 to 204 + 00 ( 38th Ln . to 65th St . ) , drainage improvements and construction of a pedestrian bridge over the Indian River Farms Water Control District ' s North Relief Canal . 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 : Old Dixie Highway Sidewalk Improvements from 38th Lane to 65t Street . County Project Number : 0845 Project Address : Old Dixie Highway from 38th Ln . to 65th St . 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 1501h 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 180th day after the date when the Contract Times commence to run . 00520 - 2 00520 - Agreement ( Public Works ) REV 04-07 \\Fileserver2\Public\Purchasing\Bids\2010-2011 FY (2011000 )\2011045 Construction of a 5' wide concrete sidewalk and pedestrian bridge\00520 - Agreement ( Public Works ) REV 04-07. doc lwww I IF ****************** ********** ***************** *************************************************************** 4 . 03 Liquidated Damages A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) , CONTRACTOR shall pay OWNER $ 1 , 148 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Substantial Completion until the Work is substantially complete . After Substantial Completion , if CONTRACTOR shall neglect , refuse , or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER $ 1 , 148 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for completion and readiness for final payment until the Work is completed and ready for final payment . ARTICLE 5 - CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . 6 , below: A. For all Work , at the prices stated in CONTRACTOR 's Bid , attached hereto as an exhibit . B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : Numerical Amount : $ 11mg . 121 . 210 Written Amount : o►aE MILUotJ. SEvg! a - -oat2 TKousAOD� oue HuNDIZOD Aab -rwG �.rry -oN � DoL�aaS anro TwC�N'�i� -- SjX CEIJTS ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 6 . 02 Progress Payments. A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain 00520 - 3 00520 - Agreement ( Public Works ) REV 04-07 \\Fileserver2\Public\Purchasing\Bids\2010-2011 FY (2011000)\2011045 Construction of a 5' wide concrete sidewalk and pedestrian bridge\00520 - Agreement ( Public Works ) REV 04-07 . doc 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 - 4 00520 - Agreement ( Public Works ) REV 04-07 \\Fileserver2\Public\Purchasing\Bids\2010-2011 FY (2011000 )\2011045 Construction of a 5' wide concrete sidewalk and pedestrian bridge\00520 - Agreement ( Public Works ) REV 04-07 . doc 7wI � r 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 . 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 . 00520 - 5 00520 - Agreement (Public Works ) REV 04-07 \\Fileserver2\Public\Purchasing\Bids\2010-2011 FY (2011000 )\2011045 Construction of a 5' wide concrete sidewalk and pedestrian bridge\00520 - Agreement ( Public Works) REV 04-07 . doc J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 9 - CONTRACT DOCUMENTS 9 . 01 Contents A . The Contract Documents consist of the following : 1 . This Agreement ( pages 00520 - 1 to 00520-8 , 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 00700 -44 , 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 158 , inclusive , with each sheet bearing the following general title : Old Dixie Highway Sidewalk Improvements ; Bridge plans consisting of a cover sheet and sheets numbered B- 1 through B-8 , inclusive , and 2 box culvert extension plans each consisting of a cover sheet and sheets numbered B- 1 through B- 7 inclusive , with each sheet bearing the general title of Old Dixie Highwav ; wwwwwww 8 . Addenda ( numbers 1 to I , inclusive ) ; 9 . Appendices to this Agreement ( enumerated as follows ) : Appendix A — Federal Required Contract Provisions Appendix B — Permits Appendix C — FHWA 1273 10 . CONTRACTOR ' S BID ( pages 1 to 8 , inclusive ) 11 . Bid Bond ( pages 1 to 4 , inclusive ) , Qualifications Questionnaire ( page 1 to 4 , inclusive ) , 12 . List of Subcontractors ( page 1 inclusive ) . 13 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 1 to 2 , inclusive ) 14 . Sworn Statement Under the Florida Trench Safety Act ( pages 1 to 2 , inclusive ) 15 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a ) Written Amendments ; 00520 - 6 00520 - Agreement ( Public Works ) REV 04-07 \\Fileserver2\Public\Purchasing\Bids\201011,2011 FY (2011000 )\2011045 Construction of a 5' wide concrete sidewalk and pedestrian bridge\00520 - Agreement ( Public Works) REV 04-01 b ) Work Change Directives ; c) Change Order( s ) . 16 . Contractor' s Final Certificate of the Work ( page 00632 — 1 & 2 ) 17 . Volume II — Specifications Package 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 . IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions 00520 - Agreement ( Public Works ) REV 04-07 00520 - 7 \\Fileserver2\Public\Purchasing\Bids\2010-2011 FY (2011000)\2011045 Construction of a 5' wide concrete sidewalk and pedestrian bridge\00520 - Agreement ( Public Works ) REV 04-07 .doc t f All Iv of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 1,1,*V • 1 _ _____ 201 L ( the date the Contract is approved by the Indian River County Board of C Q loners , which is the Effective Date of the Agreement ) . 444+°J� ' �`'t, moo' � � •' `��' � OWNER : �NTRACTOR : INDIAN RIVER COUNTY 442' . {ooclson PgU , n� , 1►�C . ` 4 By . - 4 Cl�i! �.. 4444 �bp � ou 1060 " gy / '�� - By : Gary C)- heeler , Chairman ( Contractor) TKA& gear • � Pa�ba►r By : ' ( CORPORATE SEAL ) oseph Al Bird , County Administrator Attest PFfrcrO 5r1�F�� APPROVED AS TO FOR AND LEGAL SUFFICIENCY: By : c : Alan S . 'P o lackwich , Sr. , County Attorney Address for giving notices : Gon&c n PAVi MC ITAC (03o Jeffrey K . Barton , Clerk of Court Cocoa , Ft . 32q26 Baro O&N &- 1;%& PWA.4t License No . 1`11160" `�'"2�OA RUoa6c7�i4(e Attest : (Where applicable ) Deputy Clerk ( SEAL ) Agent for service of process : oMotJ 4aCi; 0*� RE61srC-�£-� AbG-vr Designated Representative : Name : Christopher J . Kafer, Jr. , P . E . Designated Representative : Title : County Engineer Name : -WVi$ Cn6oason - IIP. MfAkL Srr � e- V• P. 1801 27th Street Title : Ue Atss ,Dra rr- Vero Beach , Florida 32960 Address : ( 770 ) 226 - 1221 (030 CtdcO QoaA Facsimile : ( 772 ) 778 -9391 cf)coa . a , 3z4zco Phone : 3zti 63 \ - 55t3 Facsimile : 3Zi 4�J9 - ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) 00520 - Agreement ( Public Works ) REV 04-07 00520 - 8 \\Fileserver2\Public\Purchasing\Bids\2010-2011 FY ( 2011000 )\2011045 Construction of a 5' wide concrete sidewalk and pedestrian bridge\00520 - Agreement ( Public Works ) REV 04-07 . doc F AUTHORIZATION TO EXECUTE BID DOCUMENTS ON BEHALF OF GOODSON PAVING, INC . I , Tom Goodson , hereby certify that I am duly elected and acting President of Goodson Paving , Inc . , a Florida Corporation ; and that Travis Goodson , Vice President of Goodson Paving , Inc . has been duly authorized to execute bid documents IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Corporation this 4t" Day of March 2010 , Ld r o ': t d Ilk r k C. 1 , on, President x iL � x�� fk n SECTION 00942 - Change Order Form NO . 1 DATE OF ISSUANCE : 11 - 1 - 11 EFFECTIVE DATE : 11 - 1 - 11 OWNER : Indian River County CONTRACTOR Goodson Paving , Inc . Project : Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street Bid No . 2011045 Project No . 0845 ENGINEER Indian River Countv You are directed to make the following changes in the Contract Documents . Description : The project scope has been modified to consist of approximately 2 '/z miles which now will begin at 45tt' Street and be constructed to 651h Street including the pedestrian bridge . Reason for Change Order : A discrepancy in the right-of-way was discovered after the bid opening . The Award of Bid was put on hold until the discrepancy could be resolved . The right- of-way width between 38th Lane and 45th Street ( Southern 25 % of the project) was determined to be too narrow to construct a sidewalk . Note : Contract commencement date , Attachments : ( List documents supporting change ) Substantial Completion Date and Final Completion Date will be determined with the Notice to Proceed forthcoming . CHANGE IN CONTRACT TIMES CHANGE IN CONTRACT PRICE : Description Amount Description Time Original Contract Price $ 11170 , 417 . 96 Original Contract Time : ( days or dates ) Substantial Completion : 150 Final Completion : 180 Net Increase ( Decrease ) from $0 . 00 Net change from previous Change previous Change Orders No . Orders No . none : ( days ) to Substantial Completion : 0 Final Completion : 0 Contract Price prior to this $ 1 , 170 , 417 . 96 Contract Time prior to this Change Change Order: Order: ( days or dates ) Substantial Completion : 150 Final Completion : 180 Net increase ( decrease) of this ( $ 96 , 296 . 70 ) Net increase ( decrease) this Change Order: Change Order: 0 days (days or dates) Substantial Completion : 0 Final Completion : 0 Contract Price with all approved $ 1 , 074 , 121 . 26 Contract Time with all approved Change Orders : Change Orders : ( days or dates ) Substantial Completion : 150 Final Com letion : 180 ACCEPTED : RECOMMEN ED : APP OV _ r By : _ V� By : v n B CONTR *RISignature ) ENGINEER ( Signature) OWN Signat ll Date : /0/21 �1 II I Date : ! l Z 3 l l I II Date : .' 00942 - Change Order Form REV 04-07 . doc Revised 9 -2 - 11 ITEMIZED BID SCHEDULE PROJECT NAME : OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM 38TH LANE TO 65TH STREET PROJECT NO ./ BID NO . 0845 12011045 FM . #423186 - 1 -58 -01 * Change Order #1 Revise Scope " Remove Portion of BIDDER 'S NAME Sidewalk from US1 to 45th Street Item No. Description I Unit Quantity Unit Price Price Increase Price Decrease SIDEWALK IMPROVEMENTS 101 - 1A MOBILIZATION/DEMOBILIZATION LS 1 122 , 43200 EEE-497 . 00102 - 1A MAINTENANCE OF TRAFFIC LS 1 31 , 500 . 00 17 . 14 PREVENTION , CONTROL & ABATEMENT OF EROSION AND 104 -2A WATER POLLUTION _ _ LS 1 20 , 1 75 . 00 -2 , 053 . 80 I 110- 1 -2A CLEARING AND GRUBBING _ LS i 27 , 850 . 00 -41430 . 34 1120 1 REGULAR EXCAVATION CY -4374 . 05 - 1 769 . 85) 1120-6 EMBANKMENT CY -30 7 . 65 -229 . 50 286 - 1 TURNOUT CONSTRUCTION SY -563 26 . 501 - 141919 . 50 400- 1 -2 CLASS I CONCRETE ( ENDWALLS ) CY - 1 . 4 11575 .0 -21205 . 00 i 425-5 - 1 VALVE BOX , ADJUST EA -2 529 . 74 - 11059 . 48 PIPE CULVERT ( OPTIONAL MATERIAL ) ( OTHER - ELLIPTICAL ) 430- 174 -218 ( 14 "x23" SD ) LF -5 31 . 06 - 155 . 30 PEDESTRIAN/BICYCLE RAILING ( ALUMINUM ) ( 54 " PICKET 1515 -2 - 302 RAIL ) LF -8 41 . 50 — -332 . 00 522-2 CONCRETE SIDEWALK 6 " THICK SY - 1 , 630 29 . 65 -48 , 329 . 50 570- 1 -2 PERFORMANCE TURF ( SOD ) ( BAHIA ) LS 1 28 , 750 . 00 -4 , 577 . 04 700 -20-40 SINGLE POST SIGN ( RELOCATE ) _ EA -7 85 . 00 - 595 . 00 711 - 11 - 123 THERMOPLASTIC ( STANDARD ) (WHITE ) ( SOLID ) ( 12 " } LF - 1 , 451 1 . 95 I -23829 . 4 /011 - 1 1 - 125 THERMOPLASTIC ( STANDARD ) ( WHITE ) ( SOLID ) ( 241r ) LF -890 3 . 75 - 31337 . 50 711 - 11 -221 ITHERMOPLASTIC ( STANDARD ) ( YELLOW ) ( SOLID ) ( 6" ) LF - 118 1 . 351 - 159 . 30 SIDEWALK IMPROVEMENTS SUBTOTAL i 0 . 00 -96 , 296 . 70 TOTAL CHANGE ORDER # 1 -965296 . 70 00310- 1 SECTION 00550 - Notice to Proceed Dated [Certified Mail -- Return Receipt Requested] TO : ( BIDDER)BIDDER) Contract For: ( Insert name of Contract as it appears in the Contract Documents) Project : Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street IRC Project No . 0845 IRC Bid No . 2011045 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 150 days for Substantial Completion of this project and 180 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 ) END OF SECTION (TITLE ) 00550 - 1 00550 - Notice to Proceed REV 04-07 . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 69th ( LAP )Wdmim\bid DF:X / nn -n7 A ., — 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 R\Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP)Wdmim\bid documents\00610 - Public Construction Bond .doc 7F� all le 2175790 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RrVER " CO FL , BK : 2536 PG : 2249 , 11 / 22 / 2011 11 : 39 AM f t Public Work F. S . Chapter 255 . 05 (1 ) ( a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255 . OS OR SECTION 713 . 23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 . 05 (2 ) OR SECTION 713 . 23 FLORIDA STATUTES. BOND NO: 1002151 i CONTRACTOR NAME: Goodson Paving , Inc CONTRACTOR ADDRESS : 630 Cidco Road, Cocoa , FL 32926 CONTRACTOR PHONE NO: 321 -631 -5523 SURETY COMPANY NAME : The Hanover Insurance Company SURETY PRINCIPAL 440 Lincoln Street, Worcester, MA 01653 BUSINESS ADDRESS : SURETY PHONE ?\r0: 508-853-7200 OWNER NAME: Indian River County OWNER ADDRESS: 1801 27th Street, Vero Beach , FL 32960-3365 OWNER PHONE NO: 772-567-8000 OBLIGEE NAME: Indian River County Of contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: 1801 27th Street, Vero Beach , FL 32960.3365 OBLIGEE PHONE NO: BOND AMOUNT: S14 074121 . 26 ( One Million, Seventy-Four Thousand, One Hundred Twenty-One and 26/100 ) CONTRACT NO : Project No. 0845 Of applicable) DESCRIPTION OF WORK: Construction of a 5' Wide sidewalk on the east side of Old Dixie Hwy. A rox 3 1 /2 Milesa in length from 38th lane to 65th Street. PROJECT LOCATION: Old Dixie Hwy 38th Lane to 65th Street, Vero Beach Florida LEGAL DESCRIPTION: (if applicable) FRO\ T PAGF, All other bonJ pages ) are dermed subsequent to thisp aq e regardless or am page number(s ) that may be printed thereon . �{' r 00610 - 2 A TRUE COPY 00610 - Public construction Bond doc CERTIFICATION ON LAST PAGE -- J. K. BARTONa CLERK BK : 2536 PG : 2250 { PUBLIC CONSTRUCTION BOND ! Bond No . 1002151 ( enter bond number) BY THIS BOND , We Goodson Paving . Inc The Hanover Insurance Corn as Principal and r , a corporation , as Surety , are bound to Indian River County herein called Owner, in the sum of $ 110744121 . 26 for bind ourselves , our heirs , personal representatives , successors , which we anpd ayment assigns f jointly and severally . THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated LLL , � n ! 1, between Principal and Owner for construction of Old Dixie Hwv Sidewalk Improvements 38th Lane to 65th Street the contract being made a part of this bond by reference , at the times and in the manner prescribed in the contract; and 2 . Promptly makes payments to all claimants , as defined in Section 255 . 05 ( 1 ) , Florida Statutes , supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract ; and 3 . Pays Owner all losses , damages , expenses , costs , and attorney' s fees , including appellate proceedings , that Owner sustains because of a defaultby 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 . E i 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 noncoQ9.44f with any formalities connected with the contract or the changes does not a BIN anc obligation under this bond . c� ` �pC' •{3� 3� i DATED ON l/ - 1 5 - MINI- � Goodson Paving , Inc Name of PrinciNo Benjamin H. French s A orne Ir{ r net tiW 01 IN The Hanover Insurance LyrH`t = `y ' I Name of Sure , , {S yI IL f►. , T ' , shy 1#41 1 d i `d N 1 A TRUE COPY , �r CERTIFICATION ON LAST PAGE �- J . K. BARTON , CLERK 00610 - 3 00610 - Public Construction Bond .doc FAPubllC Works%ENGINEERING ONISION PROJECTS0845-Dixie Hwy Sidevalk USI 89th "P)W,dmmlbid ducumenls100670 - Pubic COnstrucocn Bdnd .doC BK : 2536 PG : 2251 1 I t MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA THE HANOVER INSURANCE GROUP f POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY Y, AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby ocnstittAe and appoint Oaks Waldorff, Pamela L, Jarman, Wayne Walker, Benjamin H. French and/or Paul A. Locascio of Mary Esther, FL and eachis a true and lawful Atborney(S)1-41d1-fact to sign, execute, seal, acknowledge and deliver for, and on its behati, and as its ad and deed any place within the United States, or, if the following One be filled in, only within the area therein designated any ant all hnMc, rwnprr7ami_¢. i rvfmiaid npe• mnlrar}e of iMpmnity nr nttwi wrifingc nhtioaMry in the nate sitz therwnf, ac feAnwc- 1 Any such obligations in the United States, not to exceed Twenty Million and No/100 (520, 000,000) in any single Instance and said comparies hereby ratify and confimn all and whatsoever said Attorney(s)min-fad may lawfully do in the premises by virtue of these presents. These appointments are made under and by auftrity of the following Resolution passed by the Board of Directors of said Comparies which resolutions are still in effect: 'RESOLVED. That the President or any Vice President , In cor4unetion with any Assistant Vice President , be and they are hereby aulhertcad arta empowered to appoint Atomeys-IrNact of the Company, ink name and as Its acts , to execute and acknowledge for and on hs behalf as Surety any rW all bonds , reeognlzanees , contracts of Indere y, waNen of citation rid NI other writings oblestory In the nature thereof, with power to alloch thereto the seat or the Company, Any such writings so executed by such Atorneys-In-fact shat boas binding upon the Company as r they had been duty executed and acknowledged by the regularly elected officers of the Company In their own proper persons ' (Adopted October T . 1981 • The Hanover Insurance Company; Adopled April 14 , 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 • Citizens Insurance Company of America) IN VMTNESS VVHERECIR THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have cased these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22 day of July, 2009, THE HANOVER INAURANCC COM ► ANYgood " A I MASSACHUSETTS BAY INSURANCE COMPANY CITINS MSURANCE COMPANY OF AMERICA 00y'"A ante ' d �..rccr . Ma Jconne N on. VirePr t noben K O.rovmn, AJoiolwl . rcc procidont THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. on trots 2L"' day of JulYr L0u9, before me came the above named vice Nresidem and Assistant vice President of I he Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance Company of America, to me personally known to be the individuals and officers described herdn, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Inlsuranoe Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their oignaturoo co offiooro woro duty affixod and owbooribod to acid inotrumcnt by tho authority and dreolion of acid Corporntiorw• mom PON No v Am AZ 7 Notary Public My commission expires on November 3, 2011 I , the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certiy that the above and foregoing is a fill, true and correct copy of ewe Original Power of Attorney iccued by cafd Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED, That any and ail Powers or Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto , granted and t execuled by the President or arty Vice Presided In coryunclbn with arty Assistant Vice President of the Company, shall be binding on the 6omp Jo i ' ' n Y& I some oxford as f al signatures therein were manually affixed , even though one or more of any such signatures thereon may be rat��k11N.• �N A•,�tp, October T . 1981 - The Hanover Insurance Company: Adopted April 14 , 1982 Massachusetts Bay insurance Company : Adopted Septimbfr N 2�111� � ,.e JrJ ~' T earzens Irhsurrhee company or Amorheq zee ` 70 . 11 GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of o' �i 2��t ; . N i K44 ;` god llr lw .I gs r. F `1 LSA , OF FLORIDA %r Ri goo 0 THE HANOVER INSURANCE COMPANY Je - W, a ' �� I I ' ; I TO COUNTY MASSACHUSETTS BAY INSURANCE COMPANY oil l� ^ r HIS S TO CERTIFY THATTHIS IS ATRUE AND CORKER CITI " 'NSU CE CO ANY OF ERICA > ��� ,r>y I COPY OF THE ORIGINAL ON FILE IN THIS OFFICE , THIS , 0 � ': G ! NAI ",'AY HAVE REDACTEDWGIRMATION AS STA ED Vogt IN FLuR DA STATUTE 119 ,01. /' Ste Fuc,,; , � sss+aa, viceFies tut " J.t BART0 �1 , CK RY do /gdoodoodoodoodooddoodooL" -y r sq ? " DEPUTY CLERK , ;� DATE. ii , -2�!> /i� do 11doLd' I ,aco CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DDtYYYY) 2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S ), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s). CONTACT PRODUCER NAME: Rebekah Wolf -_- . - - ---- --- --------__ Waldorff Insurance & Bonding PHONE FAX ac No Ext : 352 - 74 - 777 AIc No : 50 - 581 - 4930 5023 NW 8th Ave , Ste B E-MAIL Gainesville FL 32605 ADDRESS:T tionist@waldorffinsurancesc m INSURER(S) AFFORDING COVERAGE NAIC p INSURER A :Westf ield insurancem 4112 INSURED GOOD - 01 INSURER B :Bridaefield Employers Ins , CQ-.-- -- Goodson 4 . —Goodson Paving , Inc . INSURER C : mmerce & Industry InS , Co , 630 Cidco Road INSURER D : Cocoa FL 32926 - INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : 143080704 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 INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MWDD MMIDDM(YY A GENERAL LIABILITY Y 5626493 7 / 1 / 2011 / 1 / 2012 EACH OCCURRENCE $ 10000 , 000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 1000000 CLAIMS-MADE OCCUR MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERALAGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 POLICY F PRO LOC $ A AUTOMOBILE LIABILITY CMM5626493 / 1 / 2011 / 1 / 2012 Ea accident $11000 , 000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY ( Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-OWNED Per accident X HIRED AUTOS X AUTOS A X UMBRELLA LIAB X , OCCUR Y CMM5626493 / 1 / 2011 / 1 / 2012 EACH OCCURRENCE $ 1 , 0000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 , 0000000 DED X RETENTION $ 0 $ g WORKERS COMPENSATION 830 - 28143 1 / 1 / 2011 / 1 / 2012 X TWCTH- IMT O R AND EMPLOYERS' LIABILITY _Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE. L. EACH ACCIDENT $ 500 , 000 OFFICER/MEMBER EXCLUDED? N / A - ( Mandatory in NH) ❑ E. L. DISEASE - EA EMPLOYE $ 500 , 000 Ifes, describe under - - - DESCRIPTION OF OPERATIONS below E . DISEASE - POLICY LIMIT $500 , 000 A Leased / Rented Equipment ZI 5626493 / 1 / 2011 1 / 1 / 2012 Equip Limit $ 500 , 000 C Pollution Liability FPL007510571 / 20 / 2011 S / 20 / 2012 Poll Ea Occur $ 1 , 000 , 000 Poll Aggregate $ 2 , 000 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) Certificate Holder is listed as additional insured per terms of written contract . INDIAN RIVER COUNTY 1801 27TH STREET VERO BEACH , FL 32960 - 3388 Cancellation provision : 30 days notice of cancellation except for 10 days notice for non payment of premium . CERTIFICATE HOLDER CANCELLATION 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 STREET VERO BEACH FL 32960 - 3388 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2010/05) The ACORD name and logo are registered marks of ACORD ILI 11Ie I I SECTION 00622 - Contractor' s Application for Payment ( Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street) Application for Payment No . For Work Accomplished through the period of through To : INDIAN RIVER COUNTY (OWNER ) From : ( CONTRACTOR ) Bid : 2011045 Project : 0845 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or - ) : $ 3 . Current Contract Price ( 1 plus 2 ) : 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : % of completed Work : $ of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7) . $ CONTRACTOR' S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; ( 2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , below; ( 3 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (4 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective ; and ( 5 ) If this Periodic Estimate is for a Final Payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , ( Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Attached to or submitted with this form are : 1 . Signed release of lien forms ( partial or final as applicable ) from all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , together with an explanation as to why any release of lien form is not included ; 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP)\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev . 05/01 z , Page 2 of 5 2 . Updated Construction Schedule per Specification Section 01310 , and Dated By : ( CONTRACTOR — must be signed by an Officer of the Corporation ) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared who being by me first duly sworn upon oath , says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it , and that he/she executed the above Contractor' s Application for Payment and Contractor' s Certification statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct , and complete . Subscribed and sworn to before me this day of 20 is personally known to me or has produced as identification . NOTARY PUBLIC : ( SEAL ) Printed name : Commission No . : Commission Expiration : [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _ 69th ( LAP)Wdmim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev . 05/01 Page 3of5 SURETY ' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , , a corporation , in accordance with Public Construction Bond Number . , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR ' s APPLICATION FOR PAYMENT . TO BE EXECUTED BY CORPORATE SURETY : Attest : Secretary Corporate Surety Business Address BY : Print Name : Title : (Affix Corporate SEAL ) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared , to me well known or who produced as identification , who being by me first duly sworn upon oath , says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment . Subscribed and sworn to before me this day of 20 Notary Public , State of My Commission Expires : [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 3 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US169th ( LAP)\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev. doc Rev . 05/01 17 7 RIM Page 4 of 5 CERTIFICATION OF ENGINEER . I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and /or material supplied by the Contractor . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE CERTIFICATION OF INSPECTOR . I have checked the estimate against the Contractor' s Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project . To the best of my knowledge , this statement of work performed and /or materials supplied appears to be reasonably accurate , that the Contractor appears to be observing the requirements of the Contract with respect to construction , and that the Contractor should be paid the amount requested above , unless otherwise noted by me . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 4 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _691h ( LAP )Wdmim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev .doc Rev . 05/01 :z, Fill Page 5 of 5 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid ( attach additional pages as necessary) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release of lien form ( partial or final as applicable) is not included with this Pay Request , together with an explanation as to why the release of lien form is not included ( attach additional pages as necessary) . 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 5 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845-Dixie Hwy Sidewalk US1 _69th ( LAP)\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev .doc Rev. 05/01 PROJECT NAME : Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street . Project No . 0845 Payment Application No . Key freI - 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 TOTAL 0 . 00 AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0.00 SUB=TOTAL MATERIALS STORED AND COMPLETE TO DATE $0.00 G) RETAINAGE OF WORK COMPLETED AT 10 '%o $0.00 M � a TOTAL RETAINAGE $0.00 N TOTAL , COMPLETED AND STORED LESS RETAINAGE 0) LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR F : \ Public Works\ ENGINEERING DIVISION PROJECTS\0845 - Dixie Hwy Sidewalk US1_69th ( LAP ) \Admim\ bid documents\00622 - Contractor ' s Application for Payment Spreadsheet Example . doc SECTION 00630 = Certificate of Substantial Completion Date of Issuance : 120 OWNER : Indian River County CONTRACTOR : Project : Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street . Bid No . 2011045 ENGINEER' s Project No . 0845 CONTRACT FOR : ( Insert Name of Contract as it appears in the Bid Documents ) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To : Indian 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00630 - Certificate of Substantial Completion REV 04-07 . doc 11149W Z The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : Indian River County 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\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00630 - Certificate of Substantial Completion REV 04-07 . doc too Ili 11 r ok- ` `! +�, r ,4 5 a y'iF` A ok�VV "11 'ire . ' . . a ' Vit, : , r• °` . -'�• , • ,;: ,t z ;.-'` as . 1.rto, Ilk I ,.; , z s . a SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK ( TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT) IV STATE OF COUNTY OF Personally before me the undersigned officer , authorized by the laws of said state toIlk I administer oaths , comes who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political IV I subdivision of said state , did on the day of 20 enter I look, into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has 1 11 Ilk been completed and the Contract therefore fully performed and final payment is now due oil ol 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 to who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents , to 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 . Ilk- 5 . The Work is complete and ready for final acceptance by the OWNER . VI 00632- 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00632 - Contractor's Final Certification REV 04-07 . doc doi toPit kill tok % it fi y, 9 Ii .+ i R k;� i nT"ra k t z Lae 41 r I # 3 i 4 le I VI- TV I IT IVI NA TV TV I ry w k k a IN TF 1 5 OFF _V Tell IN E F . Ill 11 IF V.t,11 ITTW gIV ZQAN I I IN O 11 NN 11 U) L iV11 TV I Ne , ON o IN N5FF- F , : '. Q � aITT FITFvV IV I 'll IO ,' o IF I U '` (� v - TIFF IF ,; m > TV o w I AV IN I FIT IN� ;. " I IF cIn I IF mFIN "I Fww �_ + T. Z x VV ' p AN ° O o � Il FIT e "ANTIIF C ca �, v ^ LIN IN PT f/J .� p U N C N L >, W rNi i IF I NV TV IV Ic6 (n PLN U oIT IN LIFN- 'N mC) U oI IN TV INN FIT 4 WIT I IN , U co -� L I c dC QT4 IT N d o I III" TV AA VI IF W O FLN z, m U J + > o IN Q o ITT TV INNINT IFF, �+ N n O z_ m ai Vill - I IF L L L W U Wri O o rLI > x; LL Z—U VVV 4% mo TiF F" ITT O z � FIT - I YNI TV I IN V TV FINT On w » U 3TV Y Til Qc� IN 3 -I I- c 1Z cz U ' IF is O mo FF4 IN Ix LL ' U OTV lJINFI1Nr IN , IN IN, ' O �+ Y ` , U) Z NZ 'T I4 A .-FFN FIT711, ; N1111 11 T .' IV IN f L I ,? 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 ) 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 : Old Dixie Highway Sidewalk Improvements From 38th Lane to 65th Street , INDIAN RIVER COUNTY PROJECT # 0845 1 FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below . [Attach additional sheets as necessary] ( SURVEYOR ' S SEAL ) CERTIFIED BY : Printed Name : Florida Professional Surveyor and Mapper Registration Number : Date Signed and Sealed by Professional Surveyor and Mapper: Company Name : Company Address : Telephone Number: 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07 . doc 00634 - 1 F : \Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk LIS1 _69th ( LAP )\Admim\bid documents\00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07 . doc ,A KAK :_ , « �. : , i. ,7 S . 2, . �;a z �'�`a , �, , , STANDARD GENERAL CONDITIONS OF THE Ail 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 KK 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 AI I AA In vJ' !4u t sr + . stat t t u + '� a 4 x p k le I�1 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY , . . . . . . . . . . . . . . . . . . . . a . . . . . . . . Do . . . . . . . . . . . . . . . . . . . . . oo . . . . . . . . 1 , 15 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 2 - PRELIMINARY MATTERS , . , . . " , " " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 01 Delivery of Bonds . . . , , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents . " , , , " " , " an . 2 . 03 Commencement of Contract Times; Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . it ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE , . " " , , " " , , . . . . 1111114 . . " 1111111 . . . 0 3 . 01 Intent ' . . , . . . 0 a a a a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I No * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 02 Reference Standards . , 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents. , , , . , , " " , , . . , . . . . . . . . . . . a ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . " . , . . . . . . . . . . . . . . . . . . . . . ' ' I ' ll . . . . Pogo " " . . . . I ' D , , " . . . " Al 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . , . " , 4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 04 CONTRACTOR ' Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 05 OWNER's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 06 Property Insurance . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . a a . . . . . . . . . . . . . . . . . . . . 5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 10 Partial Utilization, Acknowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 �Y ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES . . I I I I I I a . a a a a a a 4 6 1 a a a a I I I d I . . I I I I I I I I . I a 0 a a a a a a . . . a a . . . . . . I I . I . . . . . . . . . . . . . . . . . I . . . . . . . . 19 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 02 Labors Working Hours . . I I I I I I I I I I a I I I a I I I . P I I I I I I I . . . 0 . . . . I . . 0 . . . a I I I I . . . . . I I I . . 0 a . . . I . I I I I I I I I I 1 1 9 6 . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 05 Substitutes and "Or-Equals ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 00700 It General Conditions REV 04-07 . doc 00700 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04 -07 . doc ntl7e, '01 4111, i ti It F Y � $ ellfell Aell, I 1 t fL Iv ✓ ,, �y ,A ; u.: 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 09 Laws and Regulations . . . - a a a a a a a a 6 - P a & . . . . . . . a . . . . . . . a a a a a a . . . a a a a a a . . . . a . . . . . . . . . . . . . . 00 . . . . . 22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 15 Hazard Communication Programs , . I I I 1 . . 4 1 0 0 a a a a . . a a 0 a a I I . . . I ' ll , . . . . . * a a a . . . . a a a a a a . . . a . . . . . . . . . . . . . . . . . . . . . . 23 6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 17 Shop Drawings and Samples. . @ a 4 4 6 a 4 a a a a a . . . a 0 a I I 1 1 . 1 1 1 1 1 1 1 1 . . 0 P & * * * a . a I I I . . I I 1 1 4 1 . . 1 1 0 a . . . . a 0 a a a 4 . . P . . . . 24 11 6 . 18 Continuing the Work. . . . P & * a I I . . . a . . . a d . . . a a a & a , a . . . . . . . . . . . . . a & a a a a a 6 a P a a . . . . . . . . . . . . . . . . 0 1 . . . . . 1 1 125 6 . 19 CONTRACTOR 's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE7 - OTHER WORK , I I I I I . . I 1 0 a a 6 . , a a 0 a a d & I I I I I I . . I I I I I I a * a a 6 . a I * I 1 1 4 . . . 4 1 1 1 1 1 1 1 . . a * * * a a . . I * * a 0 1 1 1 . . 1 0 1 1 1 1 1 . . . 0 a a a * & . . F a 0 a a a . . q I I I I I I I . . I I I 1 1 27 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 8 - OWNER ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 02 Replacement of ENGINEER . , " " , . . , sea . . . . . . . . . . . . . . . . . . . . . . . a a a * a & - - a a a 0 a a , 4 . . . . . . . . 27 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 07 Change Orders . . . . . Pummel 6 . . FVffivm , 4 . . . . . . . . . . . q , a a a 4 a 4 . 0 a a a a a a t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 08 Inspections, Tests, and Approvals . 1 1 4 1 1 1 1 . I I I I I I a & . a a * * * * a . F a a a I I I I . . I I I I . . . . . . a a 1 a a a - . a a 1 & a . . . . . . . . . . 4 . . . . * a a a a a P a a a 4 & & . . . . . . . . d . 28 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 03 Project Representative . , . . " , " , . , , , " , . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . . . . . . . . . . . . . . 29 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 05 Authorized Variations in Work. , , . , , , , , , 1111111 . q 11 ' I ' s . . . . " I ' ll . . . 0 1 1 1 1 1 1 1 . P I I 1 11 1 1 . . 11 129 9 . 06 Rejecting Defective Work , 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS , . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . 4 . . . . . . . . . . . . . . . . . . 30 eel 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . a & ffiamb & - . @vm . . . . . . . . . . . . . . . . . . . . . . . . . . . o , , aa & . . . a a a a 4 & . . . . . . . . 30 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 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 . . . 111 . 001 , 1 * * Do . . . . I a a h 1 . 1 1 1 1 1 1 . . . 101 , . . . . 0 . . . . . . . . . . a 0 . . . a a a a a - - , a * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . 433 11 . 03 Unit Price Work . . " . . , , , , 4 . . . . 44 . . . . . . . . . . . . . . . . . . . . I . . . . . . q . . . . . . . . . . . . . . . . . . . . . . . . . . . so . . . . . . . . . . 4 . . . . 34 00700 - General Conditions REV 04-07 . doc 00700 - 3 F : APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)Wdmim\bid documents\00700 - General Conditions REV 04 -07 . doc ele 77 27 el e r % z ,� z ` > a t .. , . .. . . .. s .. . � � ,.. , b r , 1$ 4 _ .� . . NNE IN - e NN 11 1 IN I » FgKI s .ry � . . ", 'f ,. .aFP; ' �"Xs,�a3S,zA,�r` t a . ...r ' `t`';` "r�?',a ts'INN �-''_ IN ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 03 Delays Beyond CONTRACTOR 's Control. I I I I 1 1 . 1 . 1 a a a . . . 4 P a a a . . . & I , , . . . . " I . . . . . * wood . . . . on * , . . . P a . . . . . . a . . . . . . vvooa - - qP@35 IN 12 . 04 Delays Within CONTRACTOR 's Control . , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK, , , " . . . * * Do . . . . . . . . . . . . . . . . . . . . . 4 a a a a . . . a a a a . . . . . . . . . . 36 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 07 Correction Period . . , . " , , " " , , . lobasa . . . a a a a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 13 . 08 Acceptance of Defective Work. . a I I I 1 1 . 1 1 1 1 1 . . . aged 6 . . . . . . . . . . . . . . P . . . . . . . . . . . . . . . . . . . . . . . a a I a a t & - a a a a a . . . . . . . . . . . 037 13 . 09 OWNER May Correct Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 02 Progress Payments . . " , , , " , " , , , ' , , , a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 03 CONTRA CTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 04 Substantial Completion . . " , ' , , . . " , " , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a a a a a a a a - a a a a . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 05 Partial Utilization . . . . 14 . 06 Final Inspection . . , " . . " , " , . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 07 Final Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 15 . 01 OWNER May Suspend Work . , , , . , , , , , , . . . . . . . . . . . . No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 16 . 01 Methods and Procedures . . " . . , , , ' , , . . , I ' ll . . . . . all , . . . I . , . . . . . . . * a a a . . . . . age . . . . . . . . . . . . . . oo . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . . . . . . . 44 ARTICLE 17 - MISCELLANEOUS " , , , , , , . . 1 01 , 11 . 11 , a a a a 0 a a a 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 03 Cumulative Remedies , , , . , . , , , " , . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 05 Controlling Law. . , " , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 00700 - General Conditions REV 04-07 . doc 00700 - 4 F : APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc IN PINii a Nr 5 e v t I F .k � z , . IF IF '6 IF IF IF J i . y IF, GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of 1 . 01 Defined Terms Contract Price or Contract Times , or both , or other relief with respect to the terms of the Contract. A A. Wherever used in the Contract Documents demand for money or services by a third party is not a and printed with initial or all capital letters , the terms Claim . listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 11 . Contract--The entire and integrated written agreement between the OWNER and 1 . Addenda--Written or graphic instruments CONTRACTOR concerning the Work . The Contract issued prior to the opening of Bids which clarify , supersedes prior negotiations , representations , or correct, or change the Bidding Requirements or the agreements , whether written or oral . Contract Documents , 12 . Contract Documents--The Contract 2 . Agreement--The written instrument which Documents establish the rights and obligations of the is evidence of the agreement between OWNER and parties and include the Agreement, Addenda (which CONTRACTOR covering the Work, pertain to the Contract Documents) , CONTRACTOR' s Bid ( including documentation accompanying the Bid 3 . Application for Payment--The form and any post Bid documentation submitted prior to the acceptable to ENGINEER which is to be used by Notice of Award ) when attached as an exhibit to the CONTRACTOR during the course of the Work in Agreement, the Notice to Proceed , the Bonds , these requesting progress or final payments and which is to General Conditions , the Supplementary Conditions , be accompanied by such supporting documentation the Specifications and the Drawings as the same are as is required by the Contract Documents , more specifically identified in the Agreement, together with all Written Amendments , Change Orders , Work 4 . Asbestos--Any material that contains Change Directives , Field Orders , and ENGINEER' s more than one percent asbestos and is friable or is written interpretations and clarifications issued on or releasing asbestos fibers into the air above current after the Effective Date of the Agreement. Approved action levels established by the United States Occupa- Shop Drawings and the reports and drawings of tional Safety and Health Administration . subsurface and physical conditions are not Contract IF Documents . Only printed or hard copies of the items 5 . Bid--The offer or proposal of a bidder listed in this paragraph are Contract Documents . Files submitted on the prescribed form setting forth the in electronic media format of text, data , graphics , and ZZ prices for the Work to be performed . the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents , 6 . Bidding Documents--The Bidding Requirements and the proposed Contract Documents 13 . Contract Price--The moneys payable by ( including all Addenda issued prior to receipt of Bids) . OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as 7 . Bidding Requirements--The stated in the Agreement (subject to the provisions of Advertisement or Invitation to Bid , Instructions to paragraph 11 . 03 in the case of Unit Price Work) , 4€, Bidders , Bid security form , if any, and the Bid form with any supplements . 14 . Contract Times--The number of days or the dates stated in the Agreement to : ( i) achieve 8 . Bonds--Performance and payment bonds Substantial Completion , and ( ii ) complete the Work so and other instruments of security , that it is ready for final payment as evidenced by ENGINEER 's written recommendation of final pay- 9 . Change Order--A document recommend - ment. ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition , deletion , or 15 . CONTRACTOR--The individual or entity revision in the Work or an adjustment in the Contract with whom OWNER has entered into the Agreement. Price or the Contract Times , issued on or after the Effective Date of the Agreement. 00700 - General Conditions REV 04-07 . doc 00700 - 5 F : \Public Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc IF IF IF IF .t h . . .yIF 1- - SIN 11 - IN IN N NI I IN IN 16 . Cost of the Work--See paragraph 11 . 01 . A 26 . Liens--Charges , security interests , or for definition . encumbrances upon Project funds , real property, or 17 . Drawings--That part of the Contract personal property. Documents prepared or approved by ENGINEER 27 . Milestone--A principal event specified in which graphically shows the scope , extent , and the Contract Documents relating to an intermediate character of the Work to be performed by completion date or time prior to Substantial Comple- CONTRACTOR . Shop Drawings and other tion of all the Work . CONTRACTOR submittals are not Drawings as so defined . 28 . Notice of Award--The written notice by OWNER to the apparent successful bidder stating that 18 . Effective Date of the Agreement--The upon timely compliance by the apparent successful date indicated in the Agreement on which it becomes bidder with the conditions precedent listed therein , effective , but if no such date is indicated , it means the OWNER will sign and deliver the Agreement , date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver . 29 . Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on 19 . ENGINEER--The individual or entity which the Contract Times will commence to run and named as such in the Agreement , on which CONTRACTOR shall start to perform the Work under the Contract Documents , 20 . ENGINEER 's Consultant--An individual or entity having a contract with ENGINEER to furnish 30 . OWNER--The individual , entity, public IN services as ENGINEER's independent professional body, or authority with whom CONTRACTOR has associate or consultant with respect to the Project and entered into the Agreement and for whom the Work is who is identified as such in the Supplementary to be performed . Conditions . 31 . Partial Utilization--Use by OWNER of a IN UIN21 . Field Order--A written order issued by substantially completed part of the Work for the pur- ENGINEER which requires minor changes in the pose for which it is intended (or a related purpose ) Work but which does not involve a change in the prior to Substantial Completion of all the Work . Contract Price or the Contract Times , 32 . PCBs--Polychlorinated biphenyls . 22 . General Requirements--Sections of Division 1 of the Specifications . The General 33 . Petroleum--Petroleum , including crude oil Requirements pertain to all sections of the Specifica- or any fraction thereof which is liquid at standard tions . conditions of temperature and pressure (60 degrees Fahrenheit and 14 . 7 pounds per square inch IN 23 . Hazardous Environmental Condition--The absolute ) , such as oil , petroleum , fuel oil , oil sludge , oil IN presence at the Site of Asbestos , PCBs , Petroleum , refuse , gasoline , kerosene , and oil mixed with other IN Hazardous Waste , or Radioactive Material in such non - Hazardous Waste and crude oils . quantities or circumstances that may present a substantial danger to persons or property exposed 34 . Project--The total construction of which thereto in connection with the Work . the Work to be performed under the Contract Documents may be the whole , or a part as may be 24 . Hazardous Waste--The term Hazardous indicated elsewhere in the Contract Documents . Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC 35 . Project Manual--The bound documentaryIN I Section 6903 ) as amended from time to time , information prepared for bidding and constructing the Work . A listing of the contents of the Project Manual , 25 . Laws and Regulations; Laws or RegUlat- which may be bound in one or more volumes , is ions--Any and all applicable laws , rules , regulations , contained in the table (s ) of contents . ordinances , codes , and orders of any and all govern - mental bodies , agencies , authorities , and courts 36 . Radioactive Material--Source , special IN having jurisdiction . nuclear , or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq . ) as amended from time to time . 00700 - General Conditions REV 04-07 .doc 00700 - 6 P:APublic Works\ENGINEERING DIVISION PRO.IECTS\0845 - Dixie Hwy Sidewalk ( ISI -69th ( LAP)AAdmin bid documentsV00700 - General Conditions REV 04-07 . doc 177 N'r e U . IN 'r N IN I IN t x L ,FNN In ki III a. , . • -n ' Y ` � �' ' �, f"�`�s N �`r ,',rk '�. ^»`. a -� r ai a - .? I ;n In ng- , * t .. x, t, , 1, ` . 3 x o„,.^,-v� t a sb +. k �w '+,,` 3 x ',",. yn' ,. 37 . Resident Project Representative--The 46 , Underground Facilities--All underground authorized representative of ENGINEER who may be pipelines , conduits , ducts , cables , wires , manholes , assigned to the Site or any part thereof. vaults , tanks , tunnels , or other such facilities or attachments , and any encasements containing such 38 . Samples--Physical examples of facilities , including those that convey electricity, gases , materials , equipment, or workmanship that are steam , liquid petroleum products , telephone or other representative of some portion of the Work and which communications , cable television , water, wastewater, establish the standards by which such portion of the storm water, other liquids or chemicals , or traffic or Work will be judged . other control systems . 39 . Shop Drawings--All drawings , diagrams , 47 . Unit Price Work--Work to be paid for on illustrations , schedules , and other data or information the basis of unit prices . which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to 48 . Work--The entire completed construction illustrate some portion of the Work , or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents , 40 . Site--Lands or areas indicated in the Work includes and is the result of performing or Contract Documents as being furnished by OWNER providing all labor, services , and documentation upon which the Work is to be performed , including necessary to produce such construction , and 11 rights-of-way and easements for access thereto , and furnishing , installing , and incorporating all materials In such other lands furnished by OWNER which are and equipment into such construction , all as required designated for the use of CONTRACTOR . by the Contract Documents , 41 . Specifications--That part of the Contract 49 . Work Change Directive--A written Documents consisting of written technical descriptions statement to CONTRACTOR issued on or after the of materials , equipment, systems , standards , and Effective Date of the Agreement and signed by workmanship as applied to the Work and certain OWNER and recommended by ENGINEER ordering administrative details applicable thereto , an addition , deletion , or revision in the Work , or responding to differing or unforeseen subsurface or 42 . Subcontractor--An individual or entity physical conditions under which the Work is to be having a direct contract with CONTRACTOR or with performed or to emergencies . A Work Change any other Subcontractor for the performance of a part Directive will not change the Contract Price or the of the Work at the Site . Contract Times but is evidence that the parties expect that the change ordered or documented by a Work 43 . Substantial Completion--The time at Change Directive will be incorporated in a subse- which the Work (or a specified part thereof) has quently issued Change Order following negotiations by progressed to the point where , in the opinion of the parties as to its effect, if any, on the Contract Price ENGINEER , the Work (or a specified part thereof) is or Contract Times . sufficiently complete , in accordance with the Contract Documents , so that the Work (or a specified part 50 . Written Amendment--A written statement thereof) can be utilized for the purposes for which it is modifying the Contract Documents , signed by intended . The terms " substantially complete” and OWNER and CONTRACTOR on or after the Effective It completed " as applied to all or part of the Date of the Agreement and normally dealing with the Work refer to Substantial Completion thereof, nonengineenng or nontechnical rather than strictly construction - related aspects of the Contract Docu - 44 . Supplementary Conditions--That part of ments . the Contract Documents which amends or supplements these General Conditions , 1 . 02 Terminology 45 . Supplier--A manufacturer, fabricator, A. Intent of Certain Terms or Adjectives supplier, distributor, materialman , or vendor having a direct contract with CONTRACTOR or with any 1 . Whenever in the Contract Documents the Subcontractor to furnish materials or equipment to be terms as allowed , " as approved , " or terms of like incorporated in the Work by CONTRACTOR or any effect or import are used , or the adjectives Subcontractor. " reasonable , " " suitable , " " acceptable , " " proper, " " satisfactory , " or adjectives of like effect or import are used to describe an action or determination of 00700 - General Conditions REV 04-07. doc 00700 - 7 F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan)AAdmin bid documents\00700 - General Conditions REV 04-07 . doc In ?' I In INN, In v IN . „ . ,. ,. . - . . r . . z , ,. . . „ ,teas:�� "s,5.. 'x s_u IN v IN ENGINEER as to the Work , it is intended that such matermaIs er equipment shall rnpan to f, n ' ch action or determination will be solely to evaluate , in and install said services , materials , of general , the completed Work for compliance with the requirements of and information in the Contract use , Documents and conformance with the design concept of the completed Project as a functioning 4 . When "furnish , " " install , " " perform , " or whole as shown or indicated in the Contract It is not used in connection with services , Documents ( unless there is a specific statement materials , or equipment in a context clearly indicating otherwise) . The use of any such term or requiring an obligation of CONTRACTOR , adjective shall not be effective to assign to ENGI - " provide" is implied . NEER any duty or authority to supervise or direct the performance of the Work or any duty or E . Unless stated otherwise in the Contract Docu - authority to undertake responsibility contrary to the ments , words or phrases which have a well-known provisions of paragraph 9 . 10 or any other provision technical or construction industry or trade meaning are of the Contract Documents , used in the Contract Documents in accordance with B . Day such recognized meaning . 1 . The word " day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. C . Defective 2 . 01 Delivery of Bonds A. When CONTRACTOR delivers the executed 1 . The word " defective , " when modifying Agreements to OWNER , CONTRACTOR shall also the word "Work , " refers to Work that is deliver to OWNER such Bonds as CONTRACTOR unsatisfactory , faulty , or deficient in that it does may be required to furnish . not conform to the Contract Documents or does not meet the requirements of any inspection , 2 . 02 Copies of Documents reference standard , test, or approval referred to in the Contract Documents , or has been A. OWNER shall furnish to CONTRACTOR up damaged prior to ENGINEER 's recom - to ten copies of the Contract Documents . Additional mendation of final payment ( unless responsk copies will be furnished upon request at the cost of bility for the protection thereof has been reproduction , assumed by OWNER at Substantial Completion in accordance with paragraph 2 . 03 Commencement of Contract Times; Notice 14 . 04 or 14 . 05) . to Proceed D . Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- 1 . The werd "furnish , " when used in ment or, if a Notice to Proceed is given , on the day indicated in the Notice to Proceed . A Notice to Pro- id septi materials , er equipmeRt tG the ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the sa Contract Times commence to run later than the use op ; nstalWfinn ;; nd ' n -usable eF operable sixtieth day after the day of Bid opening or the thirtieth sefld+tien , day after the Effective Date of the Agreement, whichever date is earlier. 21 The word " install , " whenr1l; ed— is suet+en with services , materials , of 2 . 04 Starting the Work nnent, shall mean to put nte use or plaGe in finalpositionsaid services , mated-sem A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run . No Work shall be done at the Site prior to the date on which the Contract Times commence to 3 , The weFds Perform or " previdI" run , when used in Gennectinn Nith ser�,c� 00700 - 8 00700 - General Conditions REV 04-07. doc F :APublic Works` ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc ft TI v 1 2 . 05 Before Starting Construction 2 . 06 Preconstruction Conference A. CONTRACTOR 's Review of Contract DocuA. Within 20 days afteF the Gnntr;; At Ti - Isis ments: Before undertaking each part of the Work , to run , but before any Work at the Site i arted , a CONTRACTOR shall carefully study and compare the conference attended by CONTRACT , ENGINEER , Contract Documents and check and verify pertinent and others as appropriate willbesheld to establish a figures therein and all applicable field measurements . working URder&tand ' na ;a A the parties as to the CONTRACTOR shall promptly report in writing to Work and to disc a schedules referred to in para- ENGINEER any conflict, error, ambiguity, or graph 2 . 05 . rocedures for handling Shop Drawings discrepancy which CONTRACTOR may discover and and er submittals , processing Applications for shall obtain a written interpretation or clarification from Wnent and maintainiRg Fequired ENGINEER before proceeding with any Work affected 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 . 8 . 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 TV serve as the basis for progress payments acceptable to ENGINEER if it provides a during performance of the Work. Such prices workable arrangement for reviewing and will include an appropriate amount of overhead processing the required submittals , and profit applicable to each item of Work . 3 . CONTRACTOR 's schedule of values will be acceptable to ENGINEER as to form the Site is started , CONTRACTOR and OWNE all and substance if it provides a reasonable each deliver to the other, with copi o each allocation of the Contract Price to component additional insured identified in t upplementary parts of the Work . Conditions , certificates of urance (and other evidence of insuranc Ich either of them or any additional insur may reasonably request) which CONTRA and OWNER respectively are FeQ IT 00700 - 9 00700 - General Conditions REV 04-07. doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc aetl r wtIt,& tI 1 �, sle It , iIIIt"elIIII It 1 11j 1 3'} s. It ;A " �i,� < , sIle I- � , 41 It I r �s -. ,.{� =5'+ katNs2.' .2 . ,,.. . . '. . .-.. . - v '" FS`§ '" �m te, tlIIt157 Ile undertake responsibility inconsistent with the ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , provisions of the Contract Documents , AMENDING , REUSE 3 . 03 Reporting and Resolving Discrepancies 3 . 01 Intent A. Reporting Discrepancies A. The Contract Documents are comple- 1 . If, during the performance of the mentary, what is called for by one is as binding as if Work , CONTRACTOR discovers any conflict, called for by all , error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract B . It is the intent of the Contract Documents to Documents and any provision of any Law or at describe a functionally complete Project (or part there- Regulation applicable to the performance of the of) to be constructed in accordance with the Contract Work or of any standard , specification , manual Documents . Any labor, documentation , services , or code , or of any instruction of any Supplier, materials , or equipment that may reasonably be CONTRACTOR shall report it to ENGINEER in inferred from the Contract Documents or from writing at once . CONTRACTOR shall not prevailing custom or trade usage as being required to proceed with the Work affected thereby (except produce the intended result will be provided whether in an emergency as required by paragraph or not specifically called for at no additional cost to 6 . 16 . A) until an amendment or supplement to OWNER . the Contract Documents has been issued by Ile one of the methods indicated in paragraph C . Clarifications and interpretations of the 3 . 04 ; provided , however, that CONTRACTOR We Contract Documents shall be issued by ENGINEER shall not be liable to OWNER or ENGINEER for as provided in Article 9 , failure to report any such conflict, error, ambiguity, or discrepancy unless CON - 3 . 02 Reference Standards TRACTOR knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and Regulations B . Resolving Discrepancies 1 . Reference to standards , specifica- 1 . Except as may be otherwise tions , manuals , or codes of any technical specifically stated in the Contract Documents , society , organization , or association , or to Laws the provisions of the Contract Documents shall or Regulations , whether such reference be take precedence in resolving any conflict, error, specific or by implication , shall mean the stan - ambiguity, or discrepancy between the dard , specification , manual , code , or Laws or provisions of the Contract Documents and : Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement a . the provisions of any standard , if there were no Bids) , except as may be specification , manual , code , or instruction otherwise specifically stated in the Contract (whether or not specifically incorporated by Documents , reference in the Contract Documents) ; or 2 . No provision of any such standard , b . the provisions of any Laws or specification , manual or code , or any instruction Regulations applicable to the performance of a Supplier shall be effective to change the of the Work ( unless such an interpretation of duties or responsibilities of OWNER , the provisions of the Contract Documents CONTRACTOR , or ENGINEER , or any of their would result in violation of such Law or subcontractors , consultants , agents , or employ- Regulation ) . ees from those set forth in the Contract Documents , nor shall any such provision or 3 . 04 Amending and Supplementing Contract instruction be effective to assign to OWNER , Documents ENGINEER , or any of ENGINEER ' s Consultants , agents , or employees any duty or A. The Contract Documents may be amended to authority to supervise or direct the performance provide for additions , deletions , and revisions in the of the Work or any duty or authority to Work or to modify the terms and conditions thereof in one or more of the following ways : ( i ) a Written 00700 - 10 00700 - General Conditions REV 04-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)\Admin bid documents\00700 - General Conditions REV 04 -07 . doc tll i S }le- Ile " It P 3 yJ fa { P .rF N It tt l .0 !'. s Y . , dd . o- < ari �n v_ . . ,+lx ?'u 0. .. ter . � ...':s` x e. . . , . . .. r N . l . £ �` .x .... x A Amendment; ( ii ) a Change Order; or ( iii ) a Work B . Upon reasonable written request, OWNER Change Directive . shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands B . The requirements of the Contract Documents upon which the Work is to be performed and may be supplemented , and minor variations and OWNER 's interest therein as necessary for giving deviations in the Work may be authorized , by one or notice of or filing a mechanic's or construction lien more of the following ways : ( i ) a Field Order; ( ii ) against such lands in accordance with applicable ENGINEER 's approval of a Shop Drawing or Sample ; Laws and Regulations . or ( iii) ENGINEER ' s written interpretation or clarifi- cation . C . CONTRACTOR shall provide for all additional lands and access thereto that may be required for 3 . 05 Reuse of Documents temporary construction facilities or storage of A. CONTRACTOR and any Subcontractor or materials and equipment. Supplier or other individual or entity performing or 4 . 02 Subsurface and Physical Conditions furnishing any of the Work under a direct or indirect contract with OWNER : ( i ) shall not have or acquire A. Reports and Drawings: The Supplementary any title to or ownership rights in any of the Drawings , Conditions identify: Specifications , or other documents (or copies of any thereof) prepared by or bearing the seal of 1 , those reports of explorations and ENGINEER or ENGINEER 's Consultant, including tests of subsurface conditions at or contiguous electronic media editions ; and ( ii ) shall not reuse any to the Site that ENGINEER has used in of such Drawings , Specifications , other documents , or preparing the Contract Documents ; and copies thereof on extensions of the Project or any other project without written consent of OWNER and 2 , those drawings of physical ENGINEER and specific written verification or conditions in or relating to existing surface or adaption by ENGINEER . This prohibition will survive subsurface structures at or contiguous to the final payment, completion , and acceptance of the Site (except Underground Facilities) that ENGI - Work , or termination or completion of the Contract. NEER has used in preparing the Contract Nothing herein shall preclude CONTRACTOR from Documents , retaining copies of the Contract Documents for record purposes . B . Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the " technical data " ARTICLE 4 - AVAILABILITY OF LANDS ; contained in such reports and drawings , but such SUBSURFACE AND PHYSICAL CONDITIONS ; reports and drawings are not Contract Documents . REFERENCE POINTS Such "technical data " is identified in the Supplementa- ry Conditions . Except for such reliance on such " technical data , " CONTRACTOR may not rely upon or 4 . 01 Availability of Lands make any Claim against OWNER , ENGINEER , or any A. OWNER shall furnish the Site . OWNER shall of ENGINEER 's Consultants with respect to : notify CONTRACTOR of any encumbrances or 1 . the completeness of such reports restrictions not of general application but specifically and drawings for CONTRACTOR 's purposes , related to use of the Site with which CONTRACTOR including , but not limited to , any aspects of the must comply in performing the Work. OWNER will means , methods , techniques , sequences , and obtain in a timely manner and pay for easements for procedures of construction to be employed by permanent structures or permanent changes in CONTRACTOR , and safety precautions and existing facilities . If CONTRACTOR and OWNER are programs incident thereto ; or unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price 2 , other data , interpretations , opinions , or Contract Times , or both , as a result of any delay in and information contained in such reports or OWNER 's furnishing the Site , CONTRACTOR may shown or indicated in such drawings ; or make a Claim therefor as provided in paragraph 10 . 05 . 3 . any CONTRACTOR interpretation of or conclusion drawn from any "technical data" 00700 - 11 00700 - General Conditions REV 04-07 . doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)1Admim\bid documents\00700 - General Conditions REV 04-07 . doc Ar le 11A I77777} 77M,y7 7"71 _ yrY aqA .Iif d . art y4 . r F . . gra it = . _. IS . , . . , `±.' h-h, ' a- F :N mid. a I or any such other data , interpretations , a . such condition must meet any one or opinions , or information . more of the categories described in parr 4 . 03 Differing Subsurface or Physical Conditions graph 4 . 03 . A; and b . with respect to Work that is paid for A. Notice: If CONTRACTOR believes that any on a Unit Price Basis , any adjustment in subsurface or physical condition at or contiguous to Contract Price will be subject to the the Site that is uncovered or revealed either: provisions of paragraphs 9 . 08 and 11 . 03 , 1 . is of such a nature as to establish 2 . CONTRACTOR shall not be entitled that any "technical data" on which CONTRAC. to any adjustment in the Contract Price or TOR is entitled to rely as provided in paragraph Contract Times if: 4 . 02 is materially inaccurate ; or & CONTRACTOR knew of the 21 is of such a nature as to require a existence of such conditions at the time change in the Contract Documents ; or CONTRACTOR made a final commitment to OWNER in respect of Contract Price and 3 , differs materially from that shown or Contract Times by the submission of a Bid indicated in the Contract Documents ; or or becoming bound under a negotiated contract; or 4 . is of an unusual nature , and differs materially from conditions ordinarily b. the existence of such condition could encountered and generally recognized as inher- reasonably have been discovered or ent in work of the character provided for in the revealed as a result of any examination , Contract Documents ; investigation , exploration , test, or study of the Site and contiguous areas required by then CONTRACTOR shall , promptly after becoming the Bidding Requirements or Contract aware thereof and before further disturbing the Documents to be conducted by or for CON - subsurface or physical conditions or performing any TRACTOR prior to CONTRACTOR's Work in connection therewith (except in an emergency making such final commitment; or as required by paragraph 6 , 16 , A) , notify OWNER and ENGINEER in writing about such condition , c. CONTRACTOR failed to give the CONTRACTOR shall not further disturb such written notice within the time and as ri condition or perform any Work in connection therewith quired by paragraph 4 . 03 . A . (except as aforesaid ) until receipt of written order to do so . 3 , If OWNER and CONTRACTOR are unable to agree on entitlement to or on the B , ENGINEER 's Review: After receipt of written amount or extent, if any, of any adjustment in notice as required by paragraph 4 . 03 . A, ENGINEER the Contract Price or Contract Times , or both , a will promptly review the pertinent condition , determine Claim may be made therefor as provided in the necessity of OWNER's obtaining additional paragraph 10 , 05 , However, OWNER , exploration or tests with respect thereto , and advise ENGINEER , and ENGINEER ' s Consultants OWNER in writing (with a copy to CONTRACTOR ) of shall not be liable to CONTRACTOR for any ENGINEER ' s findings and conclusions . claims , costs , losses , or damages ( including but not limited to all fees and charges of C . Possible Price and Times Adjustments engineers , architects , attorneys , and other professionals and all court or arbitration or other 1 . The Contract Price or the Contract dispute resolution costs) sustained by Times , or both , will be equitably adjusted to the CONTRACTOR on or in connection with any extent that the existence of such differing other project or anticipated project, subsurface or physical condition causes an in - crease or decrease in CONTRACTOR 's cost 4 , 04 Underground Facilities of, or time required for, performance of the Work ; subject, however, to the following : A. Shown or Indicated: The information and data shown or indicated ted in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and 00700 - General Conditions REV 04-07. doc 00700 - 12 F:APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04 -07 . doc I £ e I nqk Fit Ic _ . . . , � ell dle el „I e 4l ellyr 4 lre2`, : x , s ; ',my1 • . m A; " , r" ,, x. �, lee EAG ' s F✓"f ?N.f 3' 'y - _ data furnished to OWNER or ENGINEER by the be made in the Contract Price or Contract owners of such Underground Facilities , including Times , or both , to the extent that they are OWNER , or by others . Unless it is otherwise attributable to the existence or location of any expressly provided in the Supplementary Conditions : Underground Facility that was not shown or indicated or not shown or indicated with 1 . OWNER and ENGINEER shall not reasonable accuracy in the Contract be responsible for the accuracy or com- Documents and that CONTRACTOR did not pleteness of any such information or data ; and know of and could not reasonably have been expected to be aware of or to have anticipated . ell 2 , the cost of all of the following will be If OWNER and CONTRACTOR are unable to included in the Contract Price , and CONTRAC. agree on entitlement to or on the amount or TOR shall have full responsibility for: extent, if any, of any such adjustment in Contract Price or Contract Times , OWNER or a . reviewing and checking all such CONTRACTOR may make a Claim therefor as information and data , provided in paragraph 10 . 05 . ell le b , locating all Underground Facilities 4 . 05 Reference Points shown or indicated in the Contract Documents , A . OWNER shall provide engineering surveys to establish reference points for construction which in c . coordination of the Work with the ENGINEER 's judgment are necessary to enable owners of such Underground Facilities , CONTRACTOR to proceed with the Work . CON . including OWNER , during construction , and TRACTOR shall be responsible for laying out the Work , shall protect and preserve the established re d . the safety and protection of all such reference points and property monuments , and shall Underground Facilities and repairing any make no changes or relocations without the prior damage thereto resulting from the Work, written approval of OWNER . CONTRACTOR shall report to ENGINEER whenever any reference point or B . Not Shown or Indicated property monument is lost or destroyed or requires relocation because of necessary changes in grades or 1 . If an Underground Facility is locations , and shall be responsible for the accurate uncovered or revealed at or contiguous to the replacement or relocation of such reference points or Site which was not shown or indicated , or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel . the Contract Documents , CONTRACTOR shall , promptly after becoming aware thereof and 4 . 06 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A. Reports and Drawings: Reference is made to therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6 . 16 . A) , identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site , if anyell, 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 3 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 00700 - 13 00700 - General Conditions REV 04-07. doc F : APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc F el 77 + x ell I el le } 11 _et Y r .w kl ,, .h�, 7 - zsz .,. °t ' , > ` . sz �': ax s.� °_ • - , . . e v 1 . the completeness of such reports CONTRACTOR , either party may make a Claim and drawings for CONTRACTOR 's purposes , therefor as provided in paragraph 10 . 05 , including , but not limited to , any aspects of the means , methods , techniques, sequences and F . If after receipt of such written notice procedures of construction to be employed by CONTRACTOR does not agree to resume such Work CONTRACTOR and safety precautions and based on a reasonable belief it is unsafe , or does not programs incident thereto ; or agree to resume such Work under such special condi - tions , then OWNER may order the portion of the Work 2 , other data , interpretations , opinions that is in the area affected by such condition to be and information contained in such reports or deleted from the Work . If OWNER and CON '" shown or indicated in such drawings ; or TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract 3 . any CONTRACTOR interpretation of Price or Contract Times as a result of deleting such IV or conclusion drawn from any "technical data " portion of the Work, then either party may make a or any such other data , interpretations , opinions Claim therefor as provided in paragraph 10 . 05 , or information . OWNER may have such deleted portion of the Work performed by OWNER ' s own forces or others in C . CONTRACTOR shall not be responsible for accordance with Article 7 . any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated G . To the fullest extent permitted by Laws and in Drawings or Specifications or identified in the Regulations , OWNER shall indemnify and hold Contract Documents to be within the scope of the harmless CONTRACTOR , Subcontractors , ENGI - Work . CONTRACTOR shall be responsible for a NEER , ENGINEER 's Consultants and the officers , Hazardous Environmental Condition created with any directors , partners , employees , agents , other materials brought to the Site by CONTRACTOR , consultants , and subcontractors of each and any of Subcontractors , Suppliers , or anyone else for whom them from and against all claims , costs , losses , and CONTRACTOR is responsible . damages ( including but not limited to all fees and charges of engineers , architects , attorneys , and other D . If CONTRACTOR encounters a Hazardous professionals and all court or arbitration or other Environmental Condition or if CONTRACTOR or dispute resolution costs) arising out of or relating to a anyone for whom CONTRACTOR is responsible Hazardous Environmental Condition , provided that creates a Hazardous Environmental Condition , such Hazardous Environmental Condition : ( i ) was not CONTRACTOR shall immediately: ( i) secure or shown or indicated in the Drawings or Specifications otherwise isolate such condition ; ( ii) stop all Work in or identified in the Contract Documents to be included connection with such condition and in any area within the scope of the Work , and ( ii ) was not created affected thereby (except in an emergency as required by CONTRACTOR or by anyone for whom by paragraph 6 . 16) ; and ( iii ) notify OWNER and ENGI - CONTRACTOR is responsible . Nothing in this para- NEER (and promptly thereafter confirm such notice in graph 4 . 06 . E shall obligate OWNER to indemnify any writing ) . OWNER shall promptly consult with individual or entity from and against the consequences ENGINEER concerning the necessity for OWNER to of that individual 's or entity' s own negligence . retain a qualified expert to evaluate such condition or take corrective action , if any. H . To the fullest extent permitted by Laws and Regulations , CONTRACTOR shall indemnify and hold lee E . CONTRACTOR shall not be required to harmless OWNER , ENGINEER , ENGINEER 's resume Work in connection with such condition or in Consultants , and the officers , directors , partners , any affected area until after OWNER has obtained employees , agents , other consultants , and any required permits related thereto and delivered to subcontractors of each and any of them from and CONTRACTOR written notice : ( i) specifying that such against all claims , costs , losses , and damages condition and any affected area is or has been ( including but not limited to all fees and charges of rendered safe for the resumption of Work ; or ( ii) engineers , architects , attorneys , and other specifying any special conditions under which such professionals and all court or arbitration or other Work may be resumed safely. If OWNER and dispute resolution costs) arising out of or relating to a CONTRACTOR cannot agree as to entitlement to or Hazardous Environmental Condition created by on the amount or extent, if any, of any adjustment in CONTRACTOR or by anyone for whom Contract Price or Contract Times , or both , as a result CONTRACTOR is responsible . Nothing in this of such Work stoppage or such special conditions paragraph 4 . 06 . F shall obligate CONTRACTOR to under which Work is agreed to be resumed by indemnify any individual or entity from and against the 00700 - General Conditions REV 04-07. doc 00700 - 14 F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04 -07 . doc 77 lee V`c 4 ;eta i"�"' ^��' •.c� ' `� €���� a � � r ,w � 3 consequences of that individual ' s or entity' s own neglk limits and coverages so required . Such surety and gence , insurance companies shall also meet such additional requirements and qualifications as may be provided in I . The provisions of paragraphs 4 . 02 , 4 . 03 , and the Supplementary Conditions . 4 . 04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the 5 . 03 Certificates of Insurance Site . A. CONTRACTOR shall deliver to OWNER , with copies to each additional insured identified in the ARTICLE 5 - BONDS AND INSURANCE Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWW ER or any other additional insured ) which CON - 5 . 01 Performance, Payment, and Other Bonds TRACTOR is required to purchase and maintain . OWNER shall deliver to CONTRACTOR with GGpie.s A CONTRACTOR shall fuFnish pe , , to eaGh additiGRal nsuFed identified an the Supple and payment Bonds , eacjh amount at le equal to the GoRtraGt PFlGe as -q other: evadenGe of nsuranGe quested by GONTRAG nqanGe and payment � 11 TOR or any other additioRal insured ) whiGh OWNER Bonds shall Fernain n � ut alt east after the date Pal payment beGGmes , 5 . 04 CONTRACTOR 's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise B . All Bonds shall be in the form prescribed by out of or result from CONTRACTOR ' s performance of the Contract Documents except as provided otherwise the Work and CONTRACTOR 's other obligations by Laws or Regulations , and shall be executed by under the Contract Documents , whether it is to be per- such sureties as are named in the current list of " Com - formed by CONTRACTOR , any Subcontractor or panies Holding Certificates of Authority as Acceptable Supplier, or by anyone directly or indirectly employed Sureties on Federal Bonds and as Acceptable by any of them to perform any of the Work , or by Reinsuring Companies" as published in Circular 570 anyone for whose acts any of them may be liable : ( amended ) by the Financial Management Service, Surety Bond Branch , U . S . Department of the 1 . claims under workers ' compensation , Treasury . All Bonds signed by an agent must be disability benefits , and other similar employee accompanied by a certified copy of such agent' s benefit acts ; authority to act. 2 , claims for damages because of C . If the surety on any Bond furnished by CON - bodily injury, occupational sickness or disease , TRACTOR is declared bankrupt or becomes insolvent or death of CONTRACTOR ' s employees ; or its right to do business is terminated in any state where any part of the Project is located or it ceases to 31 claims for damages because of meet the requirements of paragraph 5 . 01 . 81 bodily injury, sickness or disease , or death of CONTRACTOR shall within 20 days thereafter any person other than CONTRACTOR ' s substitute another Bond and surety, both of which employees ; shall comply with the requirements of paragraphs 5 . 01 . 13 and 5 . 02 . 4 , claims for damages insured by reasonably available personal injury liability 5 . 02 Licensed Sureties and Insurers coverage which are sustained : ( i) by any person as a result of an offense directly or indirectly A. All Bonds and insurance required by the related to the employment of such person by Contract Documents to be purchased and maintained CONTRACTOR , or ( ii ) by any other person for by OWNER or CONTRACTOR shall be obtained from any other reason ; surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is 51 claims for damages , other than to the located to issue Bonds or insurance policies for the Work itself, because of injury to or destruction 00700 - General Conditions REV 04-07 . doc 00700 - 15 F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc All 1; 114 1 4 : v t k 2 W of tangible property wherever located , including replacing defective Work in accordance with loss of use resulting therefrom ; and paragraph 13 . 07 ; and 6 , claims for damages because of 7 . with respect to completed operations bodily injury or death of any person or property insurance , and any insurance coverage written damage arising out of the ownership , mainte- on a claims-made basis , remain in effect for at nance or use of any motor vehicle , least two years after final payment (and B . The policies of insurance so required by this CONTRACTOR shall furnish OWNER andeach other additional insured identified in the paragraph 5 . 04 to be purchased and maintained shall : Supplementary Conditions , to whom a certificate of insurance has been issued , 1 , with respect to insurance required by evidence satisfactory to OWNER and any such paragraphs 5 . 04 . A. 3 through 5 . 04 . A. 6 inclusive , additional insured of continuation of such include as additional insureds (subject to any insurance at final payment and one year customary exclusion in respect of professional thereafter) . liability) OWNER , ENGINEER , ENGINEER's Consultants , and any other individuals or 5 . 05 OWNER 's Liability Insurance entities identified in the Supplementary Condi- tions , all of whom shall be listed as additional A. in addmtiGn to the insuraRGe Fequwied,,y� insureds , and include coverage for the respec- provided by CONTRACTOR under par p 5 . 04 , tive officers , directors , partners , employees , OWNER , at OWNER 's option y purchase and agents , and other consultants and maintain at OWNER ' s se OWNER 's own liability subcontractors of each and any of all such insurance as protect OWNER against claims additional insureds , and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 5 . 06 Property Insurance 2 , include at least the specific A. Unless otheFwise provided in the Supple coverages and be written for not less than the mentary Conditions , OWNER shall pilr4shase and limits of liability provided in the Supplementaryma Conditions or required by Laws or Regulations , whichever is greater; 3 , include completed operations by RegulatiensTThis ins ' rvc+ranGe shall : insurance ; 1 . InGlblde the inteFests of ntnro. . NER , 4 , include contractual liabilityinsurance CONTRACTOR ,�.-.TR1lST�1R SabGentrasters , ENGINEER , covering CONTRACTOR 's indemnity obligations under paragraphs 6 . 07 , 6 . 11 , and or er entities identified in the 6 . 20 ; Supplementary --Genditiens and the s#iser-S direGters , partners empleyees , agents , and 5 . contain a provision or endorsement that the coverage afforded will not be canceled , and an „ of +h rn h F hom deemed materially changed or renewal refused until at have an insurable ' n } ro + d shall he l + least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the 2 , bewritten on a BuAder's Risk "all ricL" Supplementary Conditions to whom a certificate of insurance has been issued (and the fo„Tthat shall at least include insuranse�ar certificates of insurance furnished by the CON phyGiGal less or damage to the- empo TRACTOR pursuant to paragraph 5 . 03 will so r' , buildings false werk and materials is a„d provide) ; least the following n r lg nr F less : F' 6 , remain in effect at least until final r payment and at all times thereafter when CON - GeveFage , theft, vandalism TRACTOR may be correcting , removing , or 00700 - General Conditions REV 04-07. doc 00700 - 16 F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)Wdmim\bid documents\00700 - General Conditions REV 04-07 . doc VI 7777 r � : t ., - ^P. ,,��' P "C9f .� " '?� '?' 'S3�k"Y < R rX C y +t SFF . :e,.. H. .. » . ,c3 a s a1,3111 fIF^ ' a � a .k J x^ r . . y"« s, t x 4 z lF IV 141, ?.,,.. a Jr,, . .'C., y !~� „ . ;.� , ` t a -az 4wk;r�" ";Ei; , ' + n'A is `z ,� " ,'''£� k . „ Work to the extent of any deductible amounts that are damage and s , inh n}hor Perils OF Gauses of identified in the Supplementary Conditions . The risk less as may be speGifiGally FequiFed hit tho Supplementary Conditions ; of loss within such identified deductible amount will be borne by CONTRACTOR , Subcontractors , or others suffering any such loss , and if any of them wishes 31 nclude expees -,nG ; ,real l the property insurance coverage within the limits of such IN amounts , each may purchase and maintain it at the ( inGluding but not limited to feles; ;and. dh.arges of purchaser' s own expense . E . If CONTRACTOR requests an writling stored at the Site er at another OeS ided under paragranh . F; OWNER shall if Possible inelas �de @nh imc; a mr ap prey and en , I a nrniant have been iRGluded in TOR by appirepriate Change Order er Fly Wr.0 a tt%en AppliGatiGn for Payment reGOMmended—by ArneRdment Prier to GGITImenGement ENGINEER ; the Site , OWNER shall in WFitiRg advise GONT- RAG TOL? whether nr not si nh other RSUranGe 6. as 1. 5 , allow for partial utiliZation of the I een IV I by fl\ T PFOGUred by OWNER61 MnGlude testing and startup ; and . 5 . 07 Waiver of Rights A, OWNER ;; nd-G9PTR GTOrR intend +h a n 7 , be maintaiRed iR e#eGt until final paym, peliGies PUFGhased an aGGOFdaRGe with paragFaph 5 , 06 will Prot est--AWN € R , G writing —by—OWNER , GONTRACT-QR , and s6iboentraeters € NGIN € € R , € NGINEEwR ' s Consul . >= nlG' NEER with 30 da Hate. .. _ a: _ _ to _ - - '- }7n+s and all other i .. diyid . . _ i _ other additooRal . the SuPpplementa y Gendi}inns to be listed ins '"= " -e has been iss , ledor additional insureds ( and the 9ff+eeFS , dir GtAF6, partneFB . OWNER shall n h d maintain s,empleyees agentsr� d athef eons I, ,�v,tants; I boiler and maGhineFy insuFaRGe or additional property p0liGies and will pinevideww , I Goveirage fG as may be FequiFed by the Supplementary losses and damages Ga icor! by }hon rillor pal IRRS f the interests ef--(AWN € R , Tn PFOViSions to the effeGt that in the event of payment e ubeontrastors ENGINEER , ENGIAIEER ' s Gon any less el: daw mwage the insurers will have ne rights e }an}s and anyv}holindividuals or entities de }•f' eaGh ^'� Conditions , . ,in+o roc} f shall ho IRS eds all b�WFi+1Ef*r•-and--CONTRACTOR wed to an insurable shall be waiveFights against ea eh ether and t#e;- r n+hor + +non+ and . � � la.. .-.a.. ... .J . . b _ � n _ _ i_ G . Al ' the PoliGies of qnsuraRGe (and the nertifi eaGh and any of them for all losses and darnages 5 , 06 Will GORtain a provision oF eRder-sernent that any Gthel: property insuranGe appliGable to the Work , Ghanged er renelilvaal refused unto ! at least 30 days priGF SUbsentraeters ENGINEER , € Nrr €RF, an L_nnsultts , and all ether individuals or eRtitie roa � � TL? A ('T(1L7 and +n .,..h ,.al. ,. . dd '+' I ,d to teeters partners employees , agents , and nt„P ,F paFagFaphB7-, 13012161611tants and subGentFaGtGFG of eaGh and any of them ) undel: SUGh PEAGies fol: losses and damages so D . OWNER shall not be responsible for purchas- caused Nene of the abe :e waiversshall ext eRd to ing and maintaining any property insurance specified the rights that aRY paFty making SUGh waiver may have in this paragraph 5 . 06 to protect the interests of to the PFGGeeds Of VRS6lFaRGe held by OWNER as. CONTRACTOR , Subcontractors , or others in the 00700 - General Conditions REV 04-07. doc 00700 - 17 F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 - Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc , Fr I le F ell I IF FV F I I F Fee VF Ile r , r` , Suu�n� , a ^ ai 'r; ., , F'S' ks i i; � x1 a „'% :°2 X.` ` .,: i � , ,� = .. a adjust and settle any with ith +he ' ns , irpm unless one. of the paFties on inteFec� B . OWNER waives all rights agaiRSt days after the GGGurrenGe of In to OWNER CONTRACTOR , €� Ir- I �,p , exel: se of this peweF. If GUGh eNeGtan be-made , ENGINEER ' s GGRS It nts d the f d . DA/NI__ ER ;; q fiduciary shall make settlesYY� nI�+ with the 11 \ CCI � settlement C partner—employees agents—arid-ether-GORGultants amengthe parties in interest is h .J OWNER as less due to W6411ess , +idl;lGiushall adjust and settle the loss with the L if required on WFit Rg by any parlh, in . , . LlGiary hall give bGRd for the whetheF or not insured by QVVNERi and 5 . 09 Acceptance of Bonds and Insurance; Option to Replace jeGt OF part there0f Gaused by , arising out of, OF A. if either OWNER or GONITIR4CTOR has any Fesulting frarn fire or other insured per' ! e ebjeGt!GR to the Goverage afteFded by or other prov eF part ther�eof by QVV- - ER dLIFiRg partial danGe with lk#iGle 5 op the basis Of n0R�G0RfQrrnaRGe utilization pursuant to paragraph 14 , 05 , afte with tht.= C. n. ntraGt DoGurRents , the objeGfing paFty sh Rl1hS#;3At*;4I Completion puFsuant to paFagraph so notify the other party on WFitiRg withiR 10 days afte 14 , 07 , Fequested ) Fequired by paragraph 2 . 05-C Q%AINIER r and CONTRACTOR shall eaGh Provide to the Athp Governg any less , damage OF Gonsequential less provided as the etheF may reasGnably� referred to in paragFaph 5 . 07 . 6 shall Gontaimn either party does not PUFGha6e or maintain all of the pFev 6 enls to the effeGt that On the event of payment -Gf Rnnds and insuranGe requiFed Of GUGh paFty by the. any suGh less , damage , er @onsequential less , the. Cnntmnt Deruments , GUGh party shall 110tify the ethe nsuFers w have no Fightls Gf reGavery against party On wFitinq Of SUGh failure to puFGhase prieF to the CONTRACTOR , Subcontractors , ENGINEER , er pNl (_` INICCp ' c Consultants r! the n+f' .J ' a WlthGu emrnleyee agents d Gtlier Gers � It t � . party's 5 . 08 Receipt and Application of Insurance Proceeds and a Change OFdeF shall be issued te aGIJust the. AA., Any insured 'Ass under the PO " Gies -Gf . . . � &-aGGGKIiRW, 5 . 10 Partial Utilization, Acknowledgment of �'A'4th OWNER and made payable to OWNER Property Insurer fidUGiary for the insureds , as the 4 r interests may A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph reGe fed and shall distribute it in aGGGFdaRGe with SUGh 14 . 05 , no such use or occupancy shall commence nterest may Feanh If nn before the insurers providing the property insurance pursuant to paragraph 5 . 06 have acknowledged notice Work shall be Fepa red or replaGed , the moneys so thereof and in writing effected any changes in cover- reGeived applied on aGGGLIRt thereof, and the VV age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on Change Qrde-r orIA-1reft-A- 11- Amendment. the policy or policies , but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. 00700 - 18 00700 - General Conditions REV 04-07. doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI 69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc n { ' In I In II It in In I . �z i ,ya. ,. , , , "'sr . .3 ..in z m, s ? M,.{ r, ,l G'*. y, .,< s; n, « � u� d . . � ., n � . . tti ., i - n in ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES 6 . 03 Services, Materials, and Equipment A . Unless otherwise specified in the General Re- 6 . 01 Supervision and Superintendence quirements , CONTRACTOR shall provide and assume full responsibility for all services , materials , A. CONTRACTOR shall supervise , inspect, and equipment, labor, transportation , construction direct the Work competently and efficiently, devoting equipment and machinery, tools , appliances , fuel , such attention thereto and applying such skills and power, light, heat, telephone , water, sanitary facilities , expertise as may be necessary to perform the Work in temporary facilities , and all other facilities and accordance with the Contract Documents . CON - incidentals necessary for the performance , testing , TRACTOR shall be solely responsible for the means , start-up , and completion of the Work . methods , techniques , sequences , and procedures of construction , but CONTRACTOR shall not be B . All materials and equipment incorporated into responsible for the negligence of OWNER or the Work shall be as specified or, if not specified , shall ENGINEER in the design or specification of a specific be of good quality and new, except as otherwise tin means , method , technique , sequence , or procedure of provided in the Contract Documents . All warranties construction which is shown or indicated in and and guarantees specifically called for by the Specifica- expressly required by the Contract Documents . CON - tions shall expressly run to the benefit of OWNER . If TRACTOR shall be responsible to see that the required by ENGINEER , CONTRACTOR shall furnish completed Work complies accurately with the Contract satisfactory evidence ( including reports of required Documents . tests) as to the source , kind , and quality of materials and equipment. All materials and equipment shall be B . At all times during the progress of the Work , stored , applied , installed , connected , erected , CONTRACTOR shall assign a competent resident protected , used , cleaned , and conditioned in superintendent thereto who shall not be replaced accordance with instructions of the applicable without written notice to OWNER and ENGINEER Supplier, except as otherwise may be provided in the except under extraordinary circumstances . The Contract Documents . superintendent will be CONTRACTOR's In representative at the Site and shall have authority to 6 . 04 Progress Schedule act on behalf of CONTRACTOR . All communications given to or received from the superintendent shall be A. CONTRACTOR shall adhere to the progress binding on CONTRACTOR . schedule established in accordance with paragraph 2 . 07 as it may be adjusted from time to time as 6 . 02 Laborm Working Hours provided below. A. CONTRACTOR shall provide competent, 1 . CONTRACTOR shall submit to suitably qualified personnel to survey, lay out, and ENGINEER for acceptance (to the extent ii i- construct the Work as required by the Contract Docu - cated in paragraph 2 . 07) proposed adjustments ments . CONTRACTOR shall at all times maintain in the progress schedule that will not result in good discipline and order at the Site , changing the Contract Times (or Milestones) . Such adjustments will conform generally to the B . Except as otherwise required for the safety or progress schedule then in effect and additional - protection of persons or the Work or property at the ly will comply with any provisions of the General Site or adjacent thereto , and except as otherwise Requirements applicable thereto . stated in the Contract Documents , all Work at the Site shall be performed during regular working hours , and 2 . Proposed adjustments in the CONTRACTOR will not permit overtime work or the progress schedule that will change the Contract performance of Work on Saturday, Sunday, or any Times (or Milestones) shall be submitted in legal holiday without OWNER 's written consent (which accordance with the requirements of Article 12 , will not be unreasonably withheld ) given after prior Such adjustments may only be made by a written notice to ENGINEER . Change Order or Written Amendment in accor- dance with Article 12 , 6 . 05 Substitutes and "Or-Equals " 00700 - General Conditions REV 04-07. doo 00700 - 19 F:APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc innN 191wI in in 11 in in in in I J in 'Wnin in I dn In in A4 I itt Ir . , _ x 41 g a NL A . Whenever an item of material or equipment is material or equipment proposed is specified or described in the Contract Documents by essentially equivalent to that named and an using the name of a proprietary item or the name of a acceptable substitute therefor. Requests for particular Supplier, the specification or description is review of proposed substitute items of intended to establish the type , function , appearance , material or equipment will not be accepted and quality required . Unless the specification or by ENGINEER from anyone other than description contains or is followed by words reading CONTRACTOR , that no like , equivalent , or "or-equal " item or no substitution is permitted , other items of material or c. The procedure for review by ENGk equipment or material or equipment of other Suppliers NEER will be as set forth in paragraph may be submitted to ENGINEER for review under the 6 . 05 . A. 2 . d , as supplemented in the General circumstances described below. Requirements and as ENGINEER may decide is appropriate under the 1 . "Or-Equal" Items: If in ENGINEER ' s circumstances . sole discretion an item of material or equipment proposed by CONTRACTOR is functionally d . CONTRACTOR shall first make equal to that named and sufficiently similar so written application to ENGINEER for review that no change in related Work will be required , of a proposed substitute item of material or it may be considered by ENGINEER as an equipment that CONTRACTOR seeks to 91 )1 item , in which case review and furnish or use . The application shall certify approval of the proposed item may, in that the proposed substitute item will ENGINEER ' s sole discretion , be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design , be similar in substance to that 14 1 tute items . For the purposes of this paragraph specified , and be suited to the same use as 6 . 05 . A. 1 , a proposed item of material or that specified . The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro,,, to an item so named if: posed substitute item will prejudice CONTRACTOR 's achievement of Substan - a , in the exercise of reasonable tial Completion on time , whether or not use judgment ENGINEER determines that: ( i) it of the proposed substitute item in the Work is at least equal in quality, durability, will require a change in any of the Contract appearance , strength , and design Documents (or in the provisions of any other characteristics ; ( ii) it will reliably perform at direct contract with OWNER for work on the least equally well the function imposed by Project) to adapt the design to the proposed the design concept of the completed Project substitute item and whether or not as a functioning whole , and ; incorporation or use of the proposed substi- tute item in connection with the Work is sub- b . CONTRACTOR certifies that: ( i) ject to payment of any license fee or royalty, all there is no increase in cost to the OWNER ; All variations of the proposed substitute and ( ii) it will conform substantially, even item from that specified will be identified in with deviations , to the detailed requirements the application , and available engineering , of the item named in the Contract sales , maintenance , repair, and Documents , replacement services will be indicated . The application will also contain an itemized esti- 2 . Substitute Items mate of all costs or credits that will result directly or indirectly from use of such a . If in ENGINEER 's sole discretion an substitute item , including costs of redesign item of material or equipment proposed by and claims of other contractors affected by CONTRACTOR does not qualify as an any resulting change , all of which will be or-equal" item under paragraph 6 . 05 . A. 1 , it considered by ENGINEER in evaluating the will be considered a proposed substitute proposed substitute item . ENGINEER may item . require CONTRACTOR to furnish additional data about the proposed substitute item . b . CONTRACTOR shall submit suffi- cient information as provided below to allow B . Substitute Construction Methods or Proce- ENGINEER to determine that the item of dures: If a specific means , method , technique , se. 00700 - 20 00700 - General Conditions REV 04-07. doc F : APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 041,07 . doc 11 Iv Ilk 3 14 be Ile, ell I el ^s � ,* f re ' s` { °' i ;I.< a. r^ '.� " i "a s; - .0 + r` - a , t I Ilk riTkIl!la, IIlkke quence , or procedure of construction is shown or other individual or entity to furnish or perform any of indicated in and expressly required by the Contract the Work against whom CONTRACTOR has reason . Documents , CONTRACTOR may furnish or utilize a able objection , substitute means , method , technique , sequence , or procedure of construction approved by ENGINEER . B . If the Supplementary Conditions require the CONTRACTOR shall submit sufficient information to identity of certain Subcontractors , Suppliers , or other allow ENGINEER , in ENGINEER ' s sole discretion , to individuals or entities to be submitted to OWNER in Ile determine that the substitute proposed is equivalent to advance for acceptance by OWNER by a specified that expressly called for by the Contract Documents . date prior to the Effective Date of the Agreement, and The procedure for review by ENGINEER will be similar if CONTRACTOR has submitted a list thereof in to that provided in subparagraph 6 . 05 . A. 2 , accordance with the Supplementary Conditions , OWNER 's acceptance (either in writing or by failing to C . Engineer's Evaluation: ENGINEER will be make written objection thereto by the date indicated allowed a reasonable time within which to evaluate for acceptance or objection in the Bidding Documents each proposal or submittal made pursuant to para- or the Contract Documents) of any such Subcon - graphs 6 . 05 . A and 6 . 05 . 13 . ENGINEER will be the tractor, Supplier, or other individual or entity so sole judge of acceptability . No " or-equal " or substitute identified may be revoked on the basis of reasonable will be ordered , installed or utilized until ENGINEER ' s objection after due investigation . CONTRACTOR review is complete , which will be evidenced by either a shall submit an acceptable replacement for the Change Order for a substitute or an approved Shop rejected Subcontractor, Supplier, or other individual or Drawing for an or equal . " ENGINEER will advise entity, and the Contract Price will be adjusted by the CONTRACTOR in writing of any negative difference in the cost occasioned by such determination . replacement, and an appropriate Change Order will be issued or Written Amendment signed . No acceptance D . Special Guarantee: OWNER may require by OWNER of any such Subcontractor, Supplier, or CONTRACTOR to furnish at CONTRACTOR ' s ex- other individual or entity, whether initially or as a pense a special performance guarantee or other replacement, shall constitute a waiver of any right of surety with respect to any substitute . OWNER or ENGINEER to reject defective Work . E . ENGINEER 's Cost Reimbursement: C . CONTRACTOR shall be fully responsible to ENGINEER will record time required by ENGINEER OWNER and ENGINEER for all acts and omissions of and ENGINEER 's Consultants in evaluating substitute the Subcontractors , Suppliers , and other individuals or proposed or submitted by CONTRACTOR pursuant to entities performing or furnishing any of the Work just paragraphs 6 . 05 . A. 2 and 6 . 05 . 13 and in making as CONTRACTOR is responsible for changes in the Contract Documents (or in the CONTRACTOR ' s own acts and omissions . Nothing in provisions of any other direct contract with OWNER the Contract Documents shall create for the benefit of for work on the Project) occasioned thereby. Whether any such Subcontractor, Supplier, or other individual or not ENGINEER approves a substitute item so pro- or entity any contractual relationship between OWNER posed or submitted by CONTRACTOR , CON - or ENGINEER and any such Subcontractor, Supplier TRACTOR shall reimburse OWNER for the charges or other individual or entity, nor shall it create any of ENGINEER and ENGINEER's Consultants for obligation on the part of OWNER or ENGINEER to evaluating each such proposed substitute . pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or F . CONTRACTOR 's Expense: CONTRACTOR entity except as may otherwise be required by Laws shall provide all data in support of any proposed and Regulations . substitute or " or-equal" at CONTRACTOR 's expense . D . CONTRACTOR shall be solely responsible 6 . 06 Concerning Subcontractors, Suppliers, for scheduling and coordinating the Work of Subcon- and Others tractors , Suppliers , and other individuals or entities performing or furnishing any of the Work under a A. CONTRACTOR shall not employ any direct or indirect contract with CONTRACTOR . Subcontractor, Supplier, or other individual or entity ( including those acceptable to OWNER as indicated in E . CONTRACTOR shall require all Subcontrac- paragraph 6 . 06 . B) , whether initially or as a tors , Suppliers , and such other individuals or entities replacement, against whom OWNER may have performing or furnishing any of the Work to commu- reasonable objection . CONTRACTOR shall not be nicate with ENGINEER through CONTRACTOR , required to employ any Subcontractor, Supplier, or 00700 - 21 00700 - General Conditions REV 04-07 . doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc 1 } C > T f X . LL F . The divisions and sections of the Specifica- dispute resolution costs) arising out of or relating to tions and the identifications of any Drawings shall not any infringement of patent rights or copyrights incident control CONTRACTOR in dividing the Work among to the use in the performance of the Work or resulting Subcontractors or Suppliers or delineating the Work to from the incorporation in the Work of any invention , be performed by any specific trade , design , process , product, or device not specified in the Contract Documents , G . All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an 6 . 08 Permits appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds A. Unless otherwise provided in the Supple- the Subcontractor or Supplier to the applicable terms mentary Conditions , CONTRACTOR shall obtain and and conditions of the Contract Documents for the pay for all construction permits and licenses . OWNER benefit of OWNER and ENGINEER . Whenever any shall assist CONTRACTOR , when necessary , in such agreement is with a Subcontractor or Supplier obtaining such permits and licenses . CONTRACTOR who is listed as an additional insured on the property shall pay all governmental charges and inspection insurance provided in paragraph 5 . 06 , the agreement fees necessary for the prosecution of the Work which between the CONTRACTOR and the Subcontractor are applicable at the time of opening of Bids , or, if or Supplier will contain provisions whereby the there are no Bids , on the Effective Date of the Subcontractor or Supplier waives all rights against Agreement. CONTRACTOR shall pay all charges of OWNER , CONTRACTOR , ENGINEER , ENGINEER ' s utility owners for connections to the Work, and Consultants , and all other individuals or entities OWNER shall pay all charges of such utility owners identified in the Supplementary Conditions to be listed for capital costs related thereto , such as plant as insureds or additional insureds (and the officers , investment fees , directors , partners , employees , agents , and other consultants and subcontractors of each and any of 6 . 09 Laws and Regulations them ) for all losses and damages caused by, arising out of, relating to , or resulting from any of the perils or A. CONTRACTOR shall give all notices and causes of loss covered by such policies and any other comply with all Laws and Regulations applicable to the property insurance applicable to the Work . If the performance of the Work . Except where otherwise insurers on any such policies require separate waiver expressly required by applicable Laws and NIN forms to be signed by any Subcontractor or Supplier, Regulations , neither OWNER nor ENGINEER shall be CONTRACTOR will obtain the same , responsible for monitoring CONTRACTOR ' s compli- 6 . 07 Patent Fees and Royalties ance with any Laws or Regulations . B . If CONTRACTOR performs any Work know- A. CONTRACTOR shall pay all license fees and ing or having reason to know that it is contrary to Laws royalties and assume all costs incident to the use in or Regulations , CONTRACTOR shall bear all claims , the performance of the Work or the incorporation in costs , losses , and damages ( including but not limited the Work of any invention , design , process , product, to all fees and charges of engineers , architects , or device which is the subject of patent rights or attorneys , and other professionals and all court or copyrights held by others . If a particular invention , arbitration or other dispute resolution costs) arising out design , process , product, or device is specified in the of or relating to such Work ; however, it shall not be Contract Documents for use in the performance of the CONTRACTOR 's primary responsibility to make Work and if to the actual knowledge of OWNER or certain that the Specifications and Drawings are in ENGINEER its use is subject to patent rights or accordance with Laws and Regulations , but this shall copyrights calling for the payment of any license fee or not relieve CONTRACTOR of CONTRACTOR ' s royalty to others , the existence of such rights shall be obligations under paragraph 3 . 03 , disclosed by OWNER in the Contract Documents . To the fullest extent permitted by Laws and Regulations , C . Changes in Laws or Regulations not known at CONTRACTOR shall indemnify and hold harmless the time of opening of Bids (or, on the Effective Date OWNER , ENGINEER , ENGINEER ' s Consultants , and of the Agreement if there were no Bids) having an the officers , directors , partners , employees or agents , effect on the cost or time of performance of the Work and other consultants of each and any of them from may be the subject of an adjustment in Contract Price and against all claims , costs , losses , and damages or Contract Times , If OWNER and CONTRACTOR ( including but not limited to all fees and charges of are unable to agree on entitlement to or on the engineers , architects , attorneys , and other amount or extent, if any, of any such adjustment, a professionals and all court or arbitration or other 00700 - 22 00700 - General Conditions REV 04-07. doc F :\Public Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid CL documents\00700 - General Conditions REV 04-07 . doc INw s y Claim may be made therefor as provided in paragraph extent caused by or based upon 10 . 05 . CONTRACTOR 's performance of the Work . 6 . 10 Taxes B . Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC - A. CONTRACTOR shall pay all sales , consum - TOR shall keep the Site and other areas free from er, use , and other similar taxes required to be accumulations of waste materials , rubbish , and other paid by CONTRACTOR in accordance with debris . Removal and disposal of such waste materk the Laws and Regulations of the place of the als , rubbish , and other debris shall conform to applica- Project which are applicable during the ble Laws and Regulations . performance of the Work. C . Cleaning: Prior to Substantial Completion of B . OWNER qualifies for state and local sales tax the Work CONTRACTOR shall clean the Site and exemption in the purchase of all material and make it ready for utilization by OWNER . At the com- equipment. pletion of the Work CONTRACTOR shall remove from the Site all tools , appliances , construction equipment 6 . 11 Use of Site and Other Areas and machinery, and surplus materials and shall restore to original condition all property not designated A. Limitation on Use of Site and Other Areas for alteration by the Contract Documents , 1 . CONTRACTOR shall confine D . Loading Structures: CONTRACTOR shall not construction equipment, the storage of load nor permit any part of any structure to be loaded materials and equipment, and the operations of in any manner that will endanger the structure , nor workers to the Site and other areas permitted shall CONTRACTOR subject any part of the Work or by Laws and Regulations , and shall not adjacent property to stresses or pressures that will unreasonably encumber the Site and other endanger it, areas with construction equipment or other materials or equipment. CONTRACTOR shall 6 . 12 Record Documents assume full responsibility for any damage to any such land or area , or to the owner or A. CONTRACTOR shall maintain in a safe place occupant thereof, or of any adjacent land or at the Site one record copy of all Drawings , Specifica- areas resulting from the performance of the tions , Addenda , Written Amendments , Change Work, Orders , Work Change Directives , Field Orders , and written interpretations and clarifications in good order 2 . Should any claim be made by any and annotated to show changes made during such owner or occupant because of the construction . These record documents together with performance of the Work , CONTRACTOR shall all approved Samples and a counterpart of all promptly settle with such other party by approved Shop Drawings will be available to ENGI - negotiation or otherwise resolve the claim by NEER for reference . Upon completion of the Work , arbitration or other dispute resolution these record documents , Samples , and Shop proceeding or at law. Drawings will be delivered to ENGINEER for OWNER . 3 . To the fullest extent permitted by 6 . 13 Safety and Protection Laws and Regulations , CONTRACTOR shall indemnify and hold harmless OWNER , A. CONTRACTOR shall be solely responsible ENGINEER , ENGINEER 's Consultant, and the for initiating , maintaining and supervising all safety officers , directors , partners , employees , agents , precautions and programs in connection with the and other consultants of each and any of them Work . CONTRACTOR shall take all necessary from and against all claims , costs , losses , and precautions for the safety of, and shall provide the damages ( including but not limited to all fees necessary protection to prevent damage , injury or loss and charges of engineers , architects , attorneys , to : and other professionals and all court or arbitration or other dispute resolution costs ) 1 . all persons on the Site or who may arising out of or relating to any claim or action , be affected by the Work ; legal or equitable , brought by any such owner or occupant against OWNER , ENGINEER , or any other party indemnified hereunder to the 00700 23 00700 - General Conditions REV 04-07. doc - F :APublic Work sTNGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)Wdmim\bid documents\00700 - General Conditions REV 04-07 . doc ' eIrl " c s - �, r ` s4ee `k5 .,rt e alZ L t z ' x kel lee r 2 j 'le e Yq �. IV l %21 F . 4xL, F . —c, .. . .. .1 , . . . , z _ �e H .,1. .t n VVV s `t �- ., 2 , all the Work and materials and equip- 6 . 15 Hazard Communication Programs ment to be incorporated therein , whether in storage on or off the Site ; and A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data 31 other property at the Site or adjacent sheets or other hazard communication information thereto , including trees , shrubs , lawns , walks , required to be made available to or exchanged be- pavements , roadways , structures , utilities , and tween or among employers at the Site in accordance Underground Facilities not designated for with Laws or Regulations . removal , relocation , or replacement in the course of construction . 6 . 16 Emergencies B . CONTRACTOR shall comply with all applica- A. In emergencies affecting the safety or protec- ble Laws and Regulations relating to the safety of tion of persons or the Work or property at the Site or persons or property, or to the protection of persons or adjacent thereto , CONTRACTOR is obligated to act to property from damage , injury, or loss ; and shall erect prevent threatened damage , injury , or loss , and maintain all necessary safeguards for such safety CONTRACTOR shall give ENGINEER prompt written and protection . CONTRACTOR shall notify owners of notice if CONTRACTOR believes that any significant adjacent property and of Underground Facilities and changes in the Work or variations from the Contract other utility owners when prosecution of the Work may Documents have been caused thereby or are required affect them , and shall cooperate with them in the as a result thereof. If ENGINEER determines that a protection , removal , relocation , and replacement of change in the Contract Documents is required be- their property. All damage , injury, or loss to any cause of the action taken by CONTRACTOR in property referred to in paragraph 6 . 13 . A. 2 or 6 . 13 . A. 3 response to such an emergency, a Work Change caused , directly or indirectly, in whole or in part, by Directive or Change Order will be issued . CONTRACTOR , any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed 6 . 17 Shop Drawings and Samples by any of them to perform any of the Work , or anyone IV for whose acts any of them may be liable , shall be A. CONTRACTOR shall submit Shop Drawings remedied by CONTRACTOR (except damage or loss to ENGINEER for review and approval in accordance attributable to the fault of Drawings or Specifications with the acceptable schedule of Shop Drawings and or to the acts or omissions of OWNER or ENGINEER Sample submittals . All submittals will be identified as or ENGINEER 's Consultant, or anyone employed by ENGINEER may require and in the number of copies any of them , or anyone for whose acts any of them specified in the General Requirements . The data may be liable , and not attributable , directly or shown on the Shop Drawings will be complete with indirectly, in whole or in part, to the fault or negligence respect to quantities , dimensions , specified perfor- of CONTRACTOR or any Subcontractor, Supplier, or mance and design criteria , materials , and similar data other individual or entity directly or indirectly employed to show ENGINEER the services , materials , and by any of them ) . CONTRACTOR 's duties and equipment CONTRACTOR proposes to provide and responsibilities for safety and for protection of the to enable ENGINEER to review the information for the Work shall continue until such time as all the Work is limited purposes required by paragraph 6 . 17 . El completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with B . CONTRACTOR shall also submit Samples to paragraph 14 . 07 . 6 that the Work is acceptable ENGINEER for review and approval in accordance (except as otherwise expressly provided in connection with the acceptable schedule of Shop Drawings and with Substantial Completion ) . Sample submittals . Each Sample will be identified clearly as to material , Supplier, pertinent data such as 6 . 14 Safety Representative catalog numbers , and the use for which intended and otherwise as ENGINEER may require to enable ENGI - A. CONTRACTOR shall designate a qualified NEER to review the submittal for the limited purposes and experienced safety representative at the Site required by paragraph 6 . 17 . E . The numbers of each whose duties and responsibilities shall be the Sample to be submitted will be as specified in the prevention of accidents and the maintaining and Specifications , supervising of safety precautions and programs . C . Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI - NEER as required by paragraph 2 . 07 , any related 00700 - 24 00700 - General Conditions REV 04-07 . doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI 69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04 -07 . doc IIII IV 1,2 7777777r x i z IVIV a rt .. tea Work performed prior to ENGINEER ' s review and accordance with the schedule of Shop approval of the pertinent submittal will be at the sole Drawings and Sample submittals acceptable to expense and responsibility of CONTRACTOR . ENGINEER . ENGINEER 's review and approval will be only to determine if the items D . Submittal Procedures covered by the submittals will , after installation or incorporation in the Work , conform to the 1 . Before submitting each Shop information given in the Contract Documents Drawing or Sample , CONTRACTOR shall have and be compatible with the design concept of determined and verified : the completed Project as a functioning whole as a . all field measurements , quantities , indicated by the Contract Documents , dimensions , specified performance criteria , 2 . ENGINEER ' s review and approval installation requirements , materials , catalog will not extend to means , methods , techniques , numbers , and similar information with sequences , or procedures of construction respect thereto ; (except where a particular means , method , technique , sequence , or procedure of con - b , all materials with respect to intended struction is specifically and expressly called for use , fabrication , shipping , handling , storage , by the Contract Documents) or to safety assembly, and installation pertaining to the precautions or programs incident thereto . The performance of the Work ; review and approval of a separate item as such will not indicate approval of the assembly in c, all information relative to means , which the item functions , methods , techniques , sequences , and procedures of construction and safety 3 . ENGINEER 's review and approval of precautions and programs incident thereto ; Shop Drawings or Samples shall not relieve and CONTRACTOR from responsibility for any variation from the requirements of the Contract d . CONTRACTOR shall also have Documents unless CONTRACTOR has in reviewed and coordinated each Shop writing called ENGINEER ' s attention to each Drawing or Sample with other Shop such variation at the time of each submittal as Drawings and Samples and with the required by paragraph 6 . 17 . D . 3 and ENGI - requirements of the Work and the Contract NEER has given written approval of each such Documents , variation by specific written notation thereof incorporated in or accompanying the Shop 2 . Each submittal shall bear a stamp or Drawing or Sample approval ; nor will any specific written indication that CONTRACTOR approval by ENGINEER relieve CON . has satisfied CONTRACTOR ' s obligations TRACTOR from responsibility for complying under the Contract Documents with respect to with the requirements of paragraph 6 . 17 . D . 1 . CONTRACTOR 's review and approval of that submittal . F . Resubmittal Procedures 3 . At the time of each submittal , CON - 1 . CONTRACTOR shall make correc- TRACTOR shall give ENGINEER specific tions required by ENGINEER and shall return written notice of such variations , if any, that the the required number of corrected copies of Shop Drawing or Sample submitted may have Shop Drawings and submit as required new from the requirements of the Contract Samples for review and approval . CON - Documents , such notice to be in a written com - TRACTOR shall direct specific attention in munication separate from the submittal ; and , in writing to revisions other than the corrections addition , shall cause a specific notation to be called for by ENGINEER on previous made on each Shop Drawing and Sample sub- submittals , mitted to ENGINEER for review and approval of each such variation . 6 . 18 Continuing the Work E . ENGINEER 's Review A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or 1 . ENGINEER will timely review and disagreements with OWNER . No Work shall be approve Shop Drawings and Samples in delayed or postponed pending resolution of any 00700 - 25 00700 - General Conditions REV 04-07. doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US I _69th (LAP) ROW Mapping Project (Morgan)\Admin bid documents\00700 - General Conditions REV 04-07 . doc IN I, I I I,NIt - _ k INle I IN 4 IN 1 71 1 211e IN IN N IN le NN disputes or disagreements , except as permitted by 6 . 20 Indemnification paragraph 15 . 04 or as OWNER and CONTRACTOR may otherwise agree in writing . A. To the fullest extent permitted by Laws and Regulations , CONTRACTOR shall indemnify and hold 6 . 19 CONTRACTOR 's General Warranty and harmless OWNER , ENGINEER , ENGINEER ' s Guarantee Consultants , and the officers , directors , partners , employees , agents , and other consultants and A. CONTRACTOR warrants and guarantees to subcontractors of each and any of them from and OWNER , ENGINEER , and ENGINEER 's Consultants against all claims , costs , losses , and damages that all Work will be in accordance with the Contract ( including but not limited to all fees and charges of Documents and will not be defective , engineers , architects , attorneys , and other CONTRACTOR ' s warranty and guarantee hereunder professionals and all court or arbitration or other excludes defects or damage caused by : dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such 1 . abuse , modification , or improper claim , cost , loss , or damage : maintenance or operation by persons other than CONTRACTOR , Subcontractors , 1 . is attributable to bodily injury , Suppliers , or any other individual or entity for sickness , disease , or death , or to injury to or whom CONTRACTOR is responsible ; or destruction of tangible property (other than the Work itself) , including the loss of use resulting 2 . normal wear and tear under normal therefrom ; and usage . 2 . is caused in whole or in part by any B . CONTRACTOR ' s obligation to perform and negligent act or omission of CONTRACTOR , complete the Work in accordance with the Contract any Subcontractor, any Supplier, or any Documents shall be absolute . None of the following individual or entity directly or indirectly will constitute an acceptance of Work that is not in employed by any of them to perform any of the accordance with the Contract Documents or a release Work or anyone for whose acts any of them of CONTRACTOR ' s obligation to perform the Work in may be liable , regardless of whether or not accordance with the Contract Documents : caused in part by any negligence or omission of an individual or entity indemnified hereunder or 1 , observations by ENGINEER ; whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless 2 , recommendation by ENGINEER or of the negligence of any such individual or payment by OWNER of any progress or final entity. payment; B . In any and all claims against OWNER or 3 , the issuance of a certificate of Sub. ENGINEER or any of their respective consultants , stantial Completion by ENGINEER or any agents , officers , directors , partners , or employees by payment related thereto by OWNER ; any employee (or the survivor or personal representative of such employee) of CONTRACTOR , 4 , use or occupancy of the Work or any any Subcontractor, any Supplier, or any individual or part thereof by OWNER ; entity directly or indirectly employed by any of them to perform any of the Work , or anyone for whose acts 51 any acceptance by OWNER or any any of them may be liable , the indemnification failure to do so; obligation under paragraph 6 . 20 . A shall not be limited in any way by any limitation on the amount or type of 6 , any review and approval of a Shop damages , compensation , or benefits payable by or for Drawing or Sample submittal or the issuance of CONTRACTOR or any such Subcontractor, Supplier, a notice of acceptability by ENGINEER ; or other individual or entity under workers' compen- sation acts , disability benefit acts , or other employee 71 any inspection , test, or approval by benefit acts . others ; or C . The indemnification obligations of CON - 8 . any correction of defective Work by TRACTOR under paragraph 6 . 20 . A shall not extend to OWNER , the liability of ENGINEER and ENGINEER 's Consultants or to the officers , directors , partners , IN I 00700 26 00700 - General Conditions REV 04-07. doc - F : APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USl _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc f IIt IN IN N IN IN . .. r - . . -... .n e r . .{, e v r ., . �. ., .. i , . IN IN IN . . s x- , s . .. IF Of F s». Yi£q' ; , Y4 x• T ,. `4 "'�'�`SP' Yr 'uk'"�k� . S ?.}". .✓z.+moi .. > 7 L , OF I �� ,?}.; n : ,. . , g: � . ,s ,; ,t@ -s�';3w3wy f' ,# :,Y a'SavS ..,s"- . a*a. + . , + .. . r _ y�-,.o- a .,, : `'� � + y '_ h Fin employees , agents , and other consultants and comparable provisions for the benefit of subcontractors of each and any of them arising out of: CONTRACTOR in said direct contracts between OWNER and such utility owners and other 1 . the preparation or approval of, or the contractors . failure to prepare or approve , maps , Drawings , opinions , reports , surveys , Change Orders , C . If the proper execution or results of any part of designs , or Specifications ; or CONTRACTOR 's Work depends upon work per. formed by others under this Article 7 , CONTRACTOR 2 , giving directions or instructions , or shall inspect such other work and promptly report to failing to give them , if that is the primary cause ENGINEER in writing any delays , defects , or deficien - of the injury or damage . cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work . CONTRACTOR ' s failure to ARTICLE 7 - OTHER WORK so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and 7 . 01 Related Work at Site deficiencies in such other work . A. OWNER may perform other work related to 7 . 02 Coordination the Project at the Site by OWNER 's employees , or let other direct contracts therefor, or have other work A. If OWNER intends to contract with others for performed by utility owners . If such other work is not the performance of other work on the Project at the noted in the Contract Documents , then : Site , the following will be set forth in Supplementary Conditions : 1 . written notice thereof will be given to CONTRACTOR prior to starting any such other 1 . the individual or entity who will have work , and authority and responsibility for coordination of the activities among the various contractors will IF 2 . if OWNER and CONTRACTOR are be identified ; unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in 2 , the specific matters to be covered by the Contract Price or Contract Times that such authority and responsibility will be should be allowed as a result of such other itemized ; and work , a Claim may be made therefor as IF provided in paragraph 10 . 05 . 31 the extent of such authority and responsibilities will be provided . B . CONTRACTOR shall afford each other contractor who is a party to such a direct contract and B . Unless otherwise provided in the each utility owner (and OWNER , if OWNER is per. Supplementary Conditions , OWNER shall have sole forming the other work with OWNER ' s employees) authority and responsibility for such coordination , proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such ARTICLE 8 - OWNER ' S RESPONSIBILITIES other work and shall properly coordinate the Work with theirs . Unless otherwise provided in the Contract Documents , CONTRACTOR shall do all cutting , 8 . 01 Communications to Contractor fitting , and patching of the Work that may be required to properly connect or otherwise make its several A. Except as otherwise provided in these parts come together and properly integrate with such General Conditions , OWNER shall issue all communi- other work. CONTRACTOR shall not endanger any cations to CONTRACTOR through ENGINEER , work of others by cutting , excavating , or otherwise altering their work and will only cut or alter their work 8 . 02 Replacement of ENGINEER with the written consent of ENGINEER and the others whose work will be affected . The duties and A. In case of termination of the employment of responsibilities of CONTRACTOR under this ENGINEER , OWNER shall appoint an engineer to paragraph are for the benefit of such utility owners and whom CONTRACTOR makes no reasonable other contractors to the extent that there are 00700 - General Conditions REV 04-07, doc 00700 - 27 F:APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI_69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc h 9 objection , whose status under the Contract Documents shall be that of the former ENGINEER . 8 . 10 Undisclosed Hazardous Environmental 8 . 03 Furnish Data Condition A. OWNER ' s responsibility in respect to an A. OWNER shall promptly furnish the data undisclosed Hazardous Environmental Condition is required of OWNER under the Contract Documents . set forth in paragraph 4 . 06 . 8 . 04 Pay Promptly When Due 8 . 11 Evidence of Financial Arrangements A. OWNER shall make payments to CONTRAC- A. If and to the extent OWNER has agreed to TOR promptly when they are due as provided in furnish CONTRACTOR reasonable evidence that paragraphs 14 . 02 . 0 and 14 . 07 . Cl financial arrangements have been made to satisfy OWNER ' s obligations under the Contract Documents , 8 . 05 Lands and Easements; Reports and Tests OWNER ' s responsibility in respect thereof will be as A. OWNER ' s duties in respect of providing lands set forth in the Supplementary Conditions , and easements and providing engineering surveys to establish reference points are set forth in paragraphs ARTICLE 9 - ENGINEER ' S STATUS DURING it 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to OWNER' s CONSTRUCTION identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical 9 . 01 OWNER 'S Representative conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that A. ENGINEER will be OWNER 's representative have been utilized by ENGINEER in preparing the during the construction period . The duties and Contract Documents , responsibilities and the limitations of authority of ENGINEER as OWNER ' s representative during 8 . 06 Insurance construction are set forth in the Contract Documents and will not be changed without written consent of A. OWNER ' s responsibilities , if any, in respect to OWNER and ENGINEER . purchasing and maintaining liability and property insur- ance are set forth in Article 5 . 9 . 02 Visits to Site 8 . 07 Change Orders A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- A. OWNER is obligated to execute Change tion as ENGINEER deems necessary in order to Orders as indicated in paragraph 10 . 03 . observe as an experienced and qualified design professional the progress that has been made and the 8 . 08 Inspections, Tests, and Approvals quality of the various aspects of CONTRACTOR 's executed Work. Based on information obtained A. OWNER ' s responsibility in respect to certain during such visits and observations , ENGINEER , for inspections , tests , and approvals is set forth in the benefit of OWNER , will determine , in general , if paragraph 13 . 03 . B . the Work is proceeding in accordance with the Con - tract Documents . ENGINEER will not be required to 8 . 09 Limitations on OWNER 's Responsibilities make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . A. The OWNER shall not supervise , direct, or ENGINEER ' s efforts will be directed toward providing have control or authority over, nor be responsible for, for OWNER a greater degree of confidence that the CONTRACTOR 's means , methods , techniques , se- completed Work will conform generally to the Contract quences , or procedures of construction , or the safety Documents . On the basis of such visits and precautions and programs incident thereto , or for any observations , ENGINEER will keep OWNER informed failure of CONTRACTOR to comply with Laws and of the progress of the Work and will endeavor to guard Regulations applicable to the performance of the OWNER against defective Work . Work . OWNER will not be responsible for CONTRACTOR ' s failure to perform the Work in B . ENGINEER 's visits and observations are accordance with the Contract Documents , subject to all the limitations on ENGINEER ' s authority 00700 - General Conditions REV 04-07. doc 00700 - 28 F : APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1_69th (LAP) ROW Mapping Project (Morgan)1Admim\bid documents\00700 - General Conditions REV 04-07 . doc It <11Pit it AN k . AN 1 IN r^IN . � ,+=a* Aoss j C:` �$' '2 ,41 1 .i',. 4 R '`'€ v�" 111. . _A I uI NAx e+ L 'e ; , , . , s Kro �i, - . . , and responsibility set forth in paragraph 9 . 10 , and to agree on entitlement to or on the amount or extent, Ile particularly , but without limitation , during or as a result if any, of any adjustment in the Contract Price or of ENGINEER's visits or observations of Contract Times , or both , as a result of a Field Order, AN I CONTRACTOR 's Work ENGINEER will not a Claim may be made therefor as provided in supervise , direct, control , or have authority over or be paragraph 10 . 05 , responsible for CONTRACTOR 's means , methods , techniques , sequences , or procedures of construction , 9 . 06 Rejecting Defective Work or the safety precautions and programs incident thereto , or for any failure of CONTRACTOR to comply A. ENGINEER will have authority to disapprove with Laws and Regulations applicable to the or reject Work which ENGINEER believes to be AN performance of the Work . defective , or that ENGINEER believes will not produce A ll a completed Project that conforms to the Contract 9 . 03 Project Representative Documents or that will prejudice the integrity of the design concept of the completed Project as a A. If OWNER and ENGINEER agree , ENGI . functioning whole as indicated by the Contract NEER will furnish a Resident Project Representative Documents . ENGINEER will also have authority to to assist ENGINEER in providing more extensive require special inspection or testing of the Work as observation of the Work . The responsibilities and provided in paragraph 13 . 04 , whether or not the Work authority and limitations thereon of any such Resident is fabricated , installed , or completed . Project Representative and assistants will be as provided in paragraph 9 . 10 and in the Supplementary 9 . 07 Shop Drawings, Change Orders and Conditions . If OWNER designates another represen - Payments tative or agent to represent OWNER at the Site who is not ENGINEER ' s Consultant, agent or employee , the A. In connection with ENGINEER's authority as responsibilities and authority and limitations thereon of to Shop Drawings and Samples , see paragraph 6 . 17 , such other individual or entity will be as provided in the Supplementary Conditions . B . In connection with ENGINEER 's authority as to Change Orders , see Articles 10 , 11 , and 12 . 9 . 04 Clarifications and Interpretations C . In connection with ENGINEER ' s authority as A. ENGINEER will issue with reasonable to Applications for Payment, see Article 14 , promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9 . 08 Determinations for Unit Price Work as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably A. ENGINEER will determine the actual quanti- inferable from the Contract Documents . Such written ties and classifications of Unit Price Work performed clarifications and interpretations will be binding on by CONTRACTOR . ENGINEER will review with OWNER and CONTRACTOR . If OWNER and CON - CONTRACTOR the ENGINEER ' s preliminary TRACTOR are unable to agree on entitlement to or on determinations on such matters before rendering a the amount or extent, if any, of any adjustment in the written decision thereon ( by recommendation of an Contract Price or Contract Times , or both , that should Application for Payment or otherwise) . ENGINEER 's be allowed as a result of a written clarification or written decision thereon will be final and binding interpretation , a Claim may be made therefor as (except as modified by ENGINEER to reflect changed provided in paragraph 10 . 05 , factual conditions or more accurate data) upon OWNER and CONTRACTOR , subject to the 9 . 05 Authorized Variations in Work provisions of paragraph 10 . 05 . A. ENGINEER may authorize minor variations in 9 . 09 Decisions on Requirements of Contract the Work from the requirements of the Contract Documents and Acceptability of Work Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- A. ENGINEER will be the initial interpreter of the ble with the design concept of the completed Project requirements of the Contract Documents and judge of as a functioning whole as indicated by the Contract the acceptability of the Work thereunder. Claims , Documents . These may be accomplished by a Field disputes and other matters relating to the acceptability Order and will be binding on OWNER and also on of the Work, the quantities and classifications of Unit CONTRACTOR , who shall perform the Work involved Price Work , the interpretation of the requirements of promptly. If OWNER and CONTRACTOR are unable the Contract Documents pertaining to the 00700 - 29 00700 - General Conditions REV 04-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan) Admim\bid documents\00700 - General Conditions REV 041,07 . doc IN 4 All AN All AL IeANI 'A- A A All III INii A All 1, AIAIIIIIIA A , All A F , >2k,AAF IF Al ItIFF "A rAl A% q5 rw .v , s `s " . ; x s. . 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 accordance with the provisions of paragraph 10 . 05 , the requirements of, and in the case of certificates of with a request for a formal decision . inspections , tests , and approvals that the results certified indicate compliance with , the Contract B . When functioning as interpreter and judge Documents . under this paragraph 9 . 09 , ENGINEER will not show partiality to OWNER or CONTRACTOR and will not E . The limitations upon authority and responsibik be liable in connection with any interpretation or ity set forth in this paragraph 9 . 10 shall also apply to decision rendered in good faith in such capacity. The ENGINEER ' s Consultants , Resident Project Repre- rendering of a decision by ENGINEER pursuant to this sentative , and assistants . paragraph 9 . 09 with respect to any such Claim , dispute , or other matter (except any which have been ARTICLE 10 - CHANGES IN THE WORK; CLAIMS waived by the making or acceptance of final payment as provided in paragraph 14 . 07 ) will be a condition precedent to any exercise by OWNER or 10 . 01 Authorized Changes in the Work CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or A. Without invalidating the Agreement and by Laws or Regulations in respect of any such Claim , without notice to any surety, OWNER may, at any time dispute , or other matter, or from time to time , order additions , deletions , or FF revisions in the Work by a Written Amendment, a 9 . 10 Limitations on ENGINEER 's Authority and Change Order, or a Work Change Directive , Upon Responsibilities receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be A. Neither ENGINEER ' s authority or respon - performed under the applicable conditions of the sibility under this Article 9 or under any other provision Contract Documents (except as otherwise specifically of the Contract Documents nor any decision made by provided ) . ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the B . If OWNER and CONTRACTOR are unable to undertaking , exercise , or performance of any authority agree on entitlement to , or on the amount or extent, if or responsibility by ENGINEER shall create , impose , any, of an adjustment in the Contract Price or Contract or give rise to any duty in contract, tort, or otherwise Times , or both , that should be allowed as a result of a owed by ENGINEER to CONTRACTOR , any Subcon - Work Change Directive , a Claim may be made tractor, any Supplier, any other individual or entity, or therefor as provided in paragraph 10 . 05 . to any surety for or employee or agent of any of them . B . ENGINEER will not supervise , direct, control , 10 . 02 Unauthorized Changes in the Work or have authority over or be responsible for A. CONTRACTOR shall not be entitled to an CONTRACTOR 's means , methods , techniques , se- increase in the Contract Price or an extension of the quences , or procedures of construction , or the safety Contract Times with respect to any work performed precautions and programs incident thereto , or for any that is not required by the Contract Documents as failure of CONTRACTOR to comply with Laws and amended , modified , or supplemented as provided in Regulations applicable to the performance of the paragraph 3 . 04 , except in the case of an emergency Work. ENGINEER will not be responsible for as provided in paragraph 6 . 16 or in the case of CONTRACTOR's failure to perform the Work in uncovering Work as provided in paragraph 13 . 04 . 131 accordance with the Contract Documents . 10 . 03 Execution of Change Orders C . ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any A. OWNER and CONTRACTOR shall execute Subcontractor, any Supplier, or of any other individual appropriate Change Orders recommended by ENGI - or entity performing any of the Work . NEER (or Written Amendments) covering : 9 D . ENGINEER 's review of the final Application 1 . changes in the Work which are : ( i) for Payment and accompanying documentation and all ordered by OWNER pursuant to paragraph maintenance and operating instructions , schedules , 10 . 01 . A, ( ii) required because of acceptance of guarantees , Bonds , certificates of inspection , tests defective Work under paragraph 13 . 08 . A or 00700 - 30 00700 - General Conditions REV 04-07 . doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan)AAdmin bid documents\00700 - General Conditions REV 04-07 . doc `77 71 77 FAA, A A AAA I Al IF r ' 3 :TAI l .. . cw Jr .' } : s r .o. a _ ., ^5 _ . or e ir, . . ,. , ... rl OWNER' s correction of defective Work under ENGINEER and the claimant within 30 days after paragraph 13 . 09 , or ( iii ) agreed to by the receipt of the claimant's last submittal ( unless parties , ENGINEER allows additional time) . 2 . changes in the Contract Price or B . ENGINEER 's Decision: ENGINEER will Contract Times which are agreed to by the render a formal decision in writing within 30 days after parties , including any undisputed sum or receipt of the last submittal of the claimant or the last amount of time for Work actually performed in submittal of the opposing party, if any . ENGINEER 's accordance with a Work Change Directive ; and written decision on such Claim , dispute , or other matter will be final and binding upon OWNER and 3 . changes in the Contract Price or CONTRACTOR unless : Contract Times which embody the substance of any written decision rendered by ENGINEER 1 . an appeal from ENGINEER ' s pursuant to paragraph 10 . 05 ; provided that, in decision is taken within the time limits and in lieu of executing any such Change Order, an accordance with the dispute resolution appeal may be taken from any such decision in procedures set forth in Article 16 ; or accordance with the provisions of the Contract Documents and applicable Laws and Regula- 2 , if no such dispute resolution tions , but during any such appeal , procedures have been set forth in Article 16 , a CONTRACTOR shall carry on the Work and written notice of intention to appeal from adhere to the progress schedule as provided in ENGINEER ' s written decision is delivered by paragraph 6 . 18 .A. OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of 10 . 04 Notification to Surety such decision , and a formal proceeding is instituted by the appealing party in a forum of A. If notice of any change affecting the general competent jurisdiction within 60 days after the scope of the Work or the provisions of the Contract date of such decision or within 60 days after Documents ( including , but not limited to , Contract Substantial Completion , whichever is later Price or Contract Times) is required by the provisions ( unless otherwise agreed in writing by OWNER of any Bond to be given to a surety, the giving of any and CONTRACTOR ) , to exercise such rights or such notice will be CONTRACTOR 's responsibility, remedies as the appealing party may have with The amount of each applicable Bond will be adjusted respect to such Claim , dispute , or other matter to reflect the effect of any such change , in accordance with applicable Laws and 10 . 05 Claims and Disputes Regulations , 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 parry, 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 . B . 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 00700 - 31 00700 - General Conditions REV 04-07. doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04 -07 . doc p 1 17 All . m I IV 41 1 113 14 IV kAVe vI Change Order or when a Claim for an adjustment in advice of ENGINEER , which bids , if any, will be Contract Price is determined on the basis of Cost of acceptable . If any subcontract provides that the the Work , the costs to be reimbursed to Subcontractor is to be paid on the basis of Cost CONTRACTOR will be only those additional or of the Work plus a fee , the Subcontractor' s incremental costs required because of the change in Cost of the Work and fee shall be determined the Work or because of the event giving rise to the in the same manner as CONTRACTOR ' s Cost Claim . Except as otherwise may be agreed to in of the Work and fee as provided in this para- writing by OWNER , such costs shall be in amounts no graph 11 . 01 . higher than those prevailing in the locality of the Project, shall include only the following items , and 4 . Costs of special consultants shall not include any of the costs itemized in para- ( including but not limited to engineers , graph 11 . 01 . 8 . architects , testing laboratories , surveyors , attorneys , and accountants) employed for 1 . Payroll costs for employees in the services specifically related to the Work, direct employ of CONTRACTOR in the perfor- mance of the Work under schedules of job 5 . Supplemental costs including the classifications agreed upon by OWNER and following : CONTRACTOR . Such employees shall include without limitation superintendents , foremen , a . The proportion of necessary trans- and other personnel employed full time at the portation , travel , and subsistence expenses of Site . Payroll costs for employees not employed CONTRACTOR 's employees incurred in dis- full time on the Work shall be apportioned on charge of duties connected with the Work , the basis of their time spent on the Work . Payroll costs shall include , but not be limited to , b . Cost, including transportation and salaries and wages plus the cost of fringe maintenance , of all materials , supplies , equip- benefits , which shall include social security ment, machinery, appliances , office , and contributions , unemployment, excise , and temporary facilities at the Site , and hand tools payroll taxes , workers ' compensation , health not owned by the workers , which are consumed and retirement benefits , bonuses, sick leave , in the performance of the Work , and cost, less vacation and holiday pay applicable thereto . market value , of such items used but not con - The expenses of performing Work outside of sumed which remain the property of CON - regular working hours , on Saturday, Sunday, or TRACTOR . legal holidays , shall be included in the above to the extent authorized by OWNER . c. Rentals of all construction equip- ment and machinery, and the parts thereof 2 . Cost of all materials and equipment whether rented from CONTRACTOR or others furnished and incorporated in the Work , includ- in accordance with rental agreements approved ing costs of transportation and storage thereof, by OWNER with the advice of ENGINEER , and and Suppliers' field services required in the costs of transportation , loading , unloading , connection therewith . All cash discounts shall assembly, dismantling , and removal thereof. accrue to CONTRACTOR unless OWNER All such costs shall be in accordance with the deposits funds with CONTRACTOR with which terms of said rental agreements . The rental of to make payments , in which case the cash any such equipment, machinery, or parts shall discounts shall accrue to OWNER . All trade cease when the use thereof is no longer discounts , rebates and refunds and returns necessary for the Work , from sale of surplus materials and equipment shall accrue to OWNER , and CONTRACTOR d . Sales , consumer, use , and other shall make provisions so that they may be similar taxes related to the Work, and for which obtained . CONTRACTOR is liable , imposed by Laws and Regulations . 3 . Payments made by CONTRACTOR to Subcontractors for Work performed by e . Deposits lost for causes other than Subcontractors . If required by OWNER , CON . negligence of CONTRACTOR , any Sub- TRACTOR shall obtain competitive bids from contractor, or anyone directly or indirectly subcontractors acceptable to OWNER and employed by any of them or for whose acts any CONTRACTOR and shall deliver such bids to of them may be liable , and royalty payments OWNER , who will then determine , with the and fees for permits and licenses . 00700 - General Conditions REV 04-07. doc 00700 - 32 F :APublic WorksTNGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)Wdmim\bid documents\00700 - General Conditions REV 04-07 . doc JK 77777 1 7L xr VIV IV V t'= imilliFill Ile I I en, s w , s % v ynn ` nerfln s .� : . paragraph 11 . 01 . A. 4 , all of which are to be f. Losses and damages ( and related considered administrative costs covered by the expenses) caused by damage to the Work , not CONTRACTOR 's fee , compensated by insurance or otherwise , sus- tained by CONTRACTOR in connection with 2 . Expenses of CONTRACTOR ' s princi- the performance of the Work (except losses pal and branch offices other than and damages within the deductible amounts of CONTRACTOR ' s office at the Site . property insurance established in accordance with paragraph 5 . 06 . D ) , provided such losses 3 . Any part of CONTRACTOR ' s capital and damages have resulted from causes other expenses , including interest on than the negligence of CONTRACTOR , any CONTRACTOR 's capital employed for the 1 ,10 Subcontractor, or anyone directly or indirectly Work and charges against CONTRACTOR for employed by any of them or for whose acts any delinquent payments , of them may be liable . Such losses shall include settlements made with the written 4 . Costs due to the negligence of CON - consent and approval of OWNER . No such TRACTOR , any Subcontractor, or anyone losses , damages , and expenses shall be directly or indirectly employed by any of them or included in the Cost of the Work for the for whose acts any of them may be liable , purpose of determining CONTRACTOR ' s fee . including but not limited to , the correction of defective Work , disposal of materials or g . The cost of utilities , fuel , and sanitary equipment wrongly supplied , and making good facilities at the Site . any damage to property. h . Minor expenses such as telegrams , 5 . Other overhead or general expense long distance telephone calls , telephone service costs of any kind and the costs of any item not at the Site , expressage , and similar petty cash specifically and expressly included in items in connection with the Work . paragraphs 11 . 01 . A and 11 . 01 . 13 . i . When the Cost of the Work is used to C . CONTRACTOR 's Fee: When all the Work is determine the value of a Change Order or of a performed on the basis of cost-plus , CONTRACTOR ' s Claim , the cost of premiums for additional fee shall be determined as set forth in the Agreement. Bonds and insurance required because of the When the value of any Work covered by a Change changes in the Work or caused by the event Order or when a Claim for an adjustment in Contract giving rise to the Claim . Price is determined on the basis of Cost of the Work , CONTRACTOR ' s fee shall be determined as set forth j . When all the Work is performed on the in paragraph 12 . 01 . C1 basis of cost-plus , the costs of premiums for all Bonds and insurance CONTRACTOR is D . Documentation: Whenever the Cost of the required by the Contract Documents to Work for any purpose is to be determined pursuant to purchase and maintain . paragraphs 11 . 01 . A and 11 . 01 . 6 , CONTRACTOR will establish and maintain records thereof in accordance B . Costs Excluded: The term Cost of the Work with generally accepted accounting practices and shall not include any of the following items : submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting 1 . Payroll costs and other compensation data . of CONTRACTOR 's officers , executives , princk 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 00700 - 33 00700 - General Conditions REV 04-07 . doc F:\Public Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan)Wdmin bid documents\00700 - General Conditions REV 04 -07 . doc If 4 114 1 I fl f If s 14 discounts ) of materials and equipment required additional expense or OWNER believes that by the allowances to be delivered at the Site , OWNER is entitled to a decrease in Contract and all applicable taxes ; and Price and the parties are unable to agree as to the amount of any such increase or decrease . 2 . CONTRACTOR ' s costs for unloading and handling on the Site , labor, installation costs , overhead , profit, and other expenses ARTICLE 12 - CHANGE OF CONTRACT PRICE ; contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances , and no demand for additional payment on account of any of the foregoing will 12 . 01 Change of Contract Price be valid . A. The Contract Price may only be changed by a B . Prior to final payment, an appropriate Change Change Order or by a Written Amendment. Any Order will be issued as recommended by ENGINEER Claim for an adjustment in the Contract Price shall be to reflect actual amounts due CONTRACTOR on based on written notice submitted by the party making account of Work covered by allowances , and the Con- the Claim to the ENGINEER and the other party to the tract Price shall be correspondingly adjusted . Contract in accordance with the provisions of para- 11 . 03 Unit Price Work graph 10 . 05 . B . The value of any Work covered by a Change A. Where the Contract Documents provide that Order or of any Claim for an adjustment in the all or part of the Work is to be Unit Price Work , initially Contract Price will be determined as follows : the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the 1 . where the Work involved is covered unit price for each separately identified item of Unit by unit prices contained in the Contract Price Work times the estimated quantity of each item Documents , by application of such unit prices to as indicated in the Agreement. The estimated the quantities of the items involved ( subject to quantities of items of Unit Price Work are not guaran - the provisions of paragraph 11 . 03 ) ; or teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price , Deter- 2 , where the Work involved is not cov- minations of the actual quantities and classifications of ered by unit prices contained in the Contract Unit Price Work performed by CONTRACTOR will be Documents , by a mutually agreed lump sum made by ENGINEER subject to the provisions of (which may include an allowance for overhead paragraph 9 . 08 . and profit not necessarily in accordance with B . Each unit price will be deemed to include an paragraph 12 . 01 . C . 2 ) ; or 1 amount considered by CONTRACTOR to be ade- 3 . where the Work involved is not cov- quate to cover CONTRACTOR ' s overhead and profit ered by unit prices contained in the Contract for each separately identified item . Documents and agreement to a lump sum is not reached under paragraph 12 . 01 . 6 . 2 , on the C . OWNER or CONTRACTOR may make a basis of the Cost of the Work (determined as Claim for an adjustment in the Contract Price in accor- Provided in paragraph 11 . 01 ) plus us adance with paragraph 10 . 05 if. CONTRACTOR 's fee for overhead and profit 1 , the quantity of any item of Unit Price (determined as provided in paragraph 12 . 01 . C) . Work performed by CONTRACTOR differs C . CONTRACTOR's Fee: The materially and significantly from the estimated CONTRACTOR ' s fee for overhead and profit shall be quantity of such item indicated in the determined as follows : Agreement; and 21 there is no corresponding adjustment 1 . a mutually acceptable fixed fee ; or with respect any other item of Work ; and 2 , if a fixed fee is not agreed upon , then 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 Contract Price as a result of having incurred 00700 34 00700 - General Conditions REV 04-07. doc - F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc IF I Ile ; edIF a , for costs incurred under para. 12 . 03 Delays Beyond CONTRACTOR 's Control graphs 11 . 01 . A. 1 and 11 . 01 . A. 2 , the IF I CONTRACTOR 's fee shall be 15 percent; A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract b , for costs incurred under paragraph Times ( or Milestones) due to delay beyond the control 11 . 01 . A. 3 , the CONTRACTOR ' s fee shall of CONTRACTOR , the Contract Times ( or be five percent; Milestones ) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor c . where one or more tiers of subcon - as provided in paragraph 12 . 02 . A. Delays beyond the tracts are on the basis of Cost of the Work control of CONTRACTOR shall include , but not be plus a fee and no fixed fee is agreed upon , limited to , acts or neglect by OWNER , acts or neglect the intent of paragraph 12 . 01 . C . 2 . a is that of utility owners or other contractors performing other the Subcontractor who actually performs work as contemplated by Article 7 , fires , floods , the Work , at whatever tier, will be paid a fee epidemics , abnormal weather conditions , or acts of of 15 percent of the costs incurred by such God . Subcontractor under paragraphs 11 . 01 . A. 1 and 11 . 01 . A. 2 and that any higher tier 12 . 04 Delays Within CONTRACTOR 's Control Subcontractor and CONTRACTOR will each be paid a fee of five percent of the A. The Contract Times (or Milestones ) will not be amount paid to the next lower tier Subcon - extended due to delays within the control of tractor; CONTRACTOR . Delays attributable to and within the control of a Subcontractor or Supplier shall be d , no fee shall be payable on the deemed to be delays within the control of CONTRAC. basis of costs itemized under paragraphs TOR . 11 . 01 . A. 4 , 11 . 01 . A. 5 , and 11 . 01 . 13 ; 12 . 05 Delays Beyond OWNER 's and e . the amount of credit to be allowed CONTRACTOR 's Control by CONTRACTOR to OWNER for any change which results in a net decrease in A. Where CONTRACTOR is prevented from cost will be the amount of the actual net completing any part of the Work within the Contract decrease in cost plus a deduction in Times (or Milestones) due to delay beyond the control CONTRACTOR ' s fee by an amount equal of both OWNER and CONTRACTOR , an extension of to five percent of such net decrease ; and the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be f, when both additions and credits are CONTRACTOR' s sole and exclusive remedy for such involved in any one change , the adjustment delay. in CONTRACTOR 's fee shall be computed on the basis of the net change in 12 . 06 Delay Damages accordance with paragraphs 12 . 01 . C . 2 . a through 12 . 01 . C . 2 . e , inclusive . A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR , any Subcontractor, any 12 . 02 Change of Contract Times Supplier, or any other person or organization , or to any surety for or employee or agent of any of them , for A. The Contract Times (or Milestones) may only damages arising out of or resulting from : be changed by a Change Order or by a Written Amendment, Any Claim for an adjustment in the 1 . delays caused by or within the control Contract Times (or Milestones) shall be based on of CONTRACTOR ; or written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract 2 . delays beyond the control of both in accordance with the provisions of paragraph 10 . 05 . OWNER and CONTRACTOR including but not limited to fires , floods , epidemics , abnormal B . Any adjustment of the Contract Times (or weather conditions , acts of God , or acts or Milestones) covered by a Change Order or of any neglect by utility owners or other contractors Claim for an adjustment in the Contract Times (or performing other work as contemplated by Milestones) will be determined in accordance with the Article 7 . provisions of this Article 12 . 00700 - 35 00700 - General Conditions REV 04-07. doc F:APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc 11 w...,. ` -a , . ; ; . .�.,v ., . . ._. x ,et . . :1 . '£' — $i . ," ray . f, 11 A B . Nothing in this paragraph 12 . 06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay , interference , or disruption directly attributable to C . If Laws or Regulations of any public body actions or inactions of OWNER or anyone for whom having jurisdiction require any Work (or part thereof) OWNER is responsible . specifically to be inspected , tested , or approved by an employee or other representative of such public body, CIA CONTRACTOR shall assume full responsibility for ARTICLE 13 - TESTS AND INSPECTIONS ; arranging and obtaining such inspections , tests , or CORRECTION , REMOVAL OR ACCEPTANCE OF approvals , pay all costs in connection therewith , and DEFECTIVE WORK furnish ENGINEER the required certificates of inspec- tion or approval . 13 . 01 Notice of Defects D . CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in A. Prompt notice of all defective Work of which connection with any inspections , tests , or approvals OWNER or ENGINEER has actual knowledge will be required for OWNER 's and ENGINEER ' s acceptance given to CONTRACTOR . All defective Work may be of materials or equipment to be incorporated in the rejected , corrected , or accepted as provided in this Work ; or acceptance of materials , mix designs , or Article 13 , equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation 13 . 02 Access to Work in the Work . Such inspections , tests , or approvals shall be performed by organizations acceptable to A. OWNER , ENGINEER , ENGINEER ' s Con - OWNER and ENGINEER . sultants , other representatives and personnel of OWNER , independent testing laboratories , and E . If any Work (or the work of others) that is to governmental agencies with jurisdictional interests will be inspected , tested , or approved is covered by CON - have access to the Site and the Work at reasonable TRACTOR without written concurrence of ENGk times for their observation , inspecting , and testing . NEER , it must, if requested by ENGINEER , be uncov- CONTRACTOR shall provide them proper and safe ered for observation . conditions for such access and advise them of CONTRACTOR ' s Site safety procedures and F . Uncovering Work as provided in paragraph programs so that they may comply therewith as 13 . 03 . E shall be at CONTRACTOR ' s expense unless applicable . CONTRACTOR has given ENGINEER timely notice of CONTRACTOR ' s intention to cover the same and 13 . 03 Tests and Inspections ENGINEER has not acted with reasonable prompt- A. CONTRACTOR shall give ENGINEER timely ness in response to such notice . notice of readiness of the Work for all required 13 . 04 Uncovering Work inspections , tests , or approvals and shall cooperate with inspection and testing personnel to facilitate A. If an Work is covered contra to the written itten contrary required inspections or tests . request of ENGINEER , it must, if requested by ENGk NEER , be uncovered for ENGINEER ' s observation B . the. and replaced at CONTRACTOR ' s expense . B . If ENGINEER considers it necessary or advisable that covered Work be observed by ENGk NEER or inspected or tested by others , CONTRAC- TOR , at ENGINEER ' s request, shall uncover, expose , or otherwise make available for observation , inspec- below; tion , or testing as ENGINEER may require , that portion of the Work in question , furnishing all neces- sary labor, material , and equipment. If it is found that such Work is defective , CONTRACTOR shall pay all paFagraph 13 , 04 , 13 shall be paid as pro odpd n Claims , costs , losses , and damages ( including but not said paragraph 13 . 04 , 13 ; and limited to all fees and charges of engineers , architects , attorneys , and other professionals and all court or 00700 - General Conditions REV 04-07. doc 00700 - 36 F : APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc PRIM VV VII 41 11II PA I '' v.s*r h cca .' . ;"^' hs, k aF�-.Ja e w "' IV .F % arbitration or other dispute resolution costs ) arising out Contract Documents or by any specific provision of the of or relating to such uncovering , exposure , observa- Contract Documents , any Work is found to be tion , inspection , and testing , and of satisfactory defective , or if the repair of any damages to the land replacement or reconstruction ( including but not or areas made available for CONTRACTOR ' s use by limited to all costs of repair or replacement of work of OWNER or permitted by Laws and Regulations as others) ; and OWNER shall be entitled to an contemplated in paragraph 6 . 11 . A is found to be appropriate decrease in the Contract Price . If the defective , CONTRACTOR shall promptly, without cost parties are unable to agree as to the amount thereof, to OWNER and in accordance with OWNER Is written OWNER may make a Claim therefor as provided in instructions : ( i ) repair such defective land or areas , or paragraph 10 . 05 . If, however, such Work is not found ( ii ) correct such defective Work or, if the defective to be defective , CONTRACTOR shall be allowed an Work has been rejected by OWNER , remove it from increase in the Contract Price or an extension of the the Project and replace it with Work that is not Contract Times (or Milestones) , or both , directly defective , and ( iii ) satisfactorily correct or repair or attributable to such uncovering , exposure , remove and replace any damage to other Work, to the observation , inspection , testing , replacement, and work of others or other land or areas resulting there- reconstruction . If the parties are unable to agree as to from . If CONTRACTOR does not promptly comply the amount or extent thereof, CONTRACTOR may with the terms of such instructions , or in an make a Claim therefor as provided in paragraph emergency where delay would cause serious risk of 10 . 05 . loss or damage , OWNER may have the defective Work corrected or repaired or may have the rejected 13 . 05 OWNER May Stop the Work Work removed and replaced , and all Claims , costs , losses , and damages ( including but not limited to all A. if the Wnrk is defel3tive , or CONTRACT fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and t-hp Contmrt DOGUrnents , OWNER Fray order CON replacement ( including but not limited to all costs of TRACTOR to stop the -%A I fork , or any portion therecilf, repair or replacement of work of others) will be paid by untal the Gause for 16119 CONTRACTOR . hewever, this right of OWNER tG stop the Weirk 6hall not give F of OWNER to B . In special circumstances where a particular exerG se this Fight or th benefit nf C: NTRACTOR-M item of equipment is placed in continuous service before Substantial Completion of all the Work , the OF rnpleyee GF ageirit-of correction period for that item may start to run from an � � �""'�`" earlier date if so provided in the Specifications or by Written Amendment. 13 . 06 Correction or Removal of Defective Work C . Where defective Work (and damage to other A. CONTRACTOR shall correct all defective Work resulting therefrom ) has been corrected or Work , whether or not fabricated , installed , or removed and replaced under this paragraph 13 . 07 , completed , or, if the Work has been rejected by ENGI - the correction period hereunder with respect to such NEER , remove it from the Project and replace it with Work will be extended for an additional period of one Work that is not defective . CONTRACTOR shall pay year after such correction or removal and replacement all Claims , costs , losses , and damages ( including but has been satisfactorily completed , not limited to all fees and charges of engineers , architects , attorneys , and other professionals and all D . CONTRACTOR 's obligations under this court or arbitration or other dispute resolution costs) paragraph 13 . 07 are in addition to any other obligation arising out of or relating to such correction or removal or warranty. The provisions of this paragraph 13 . 07 ( including but not limited to all costs of repair or shall not be construed as a substitute for or a waiver replacement of work of others) . of the provisions of any applicable statute of limitation or repose . 13 . 07 Correction Period A. If within one year after the date of Substantial 13 . 08 Acceptance of Defective Work Completion or such longer period of time as may be A. If, instead of requiring correction or removal prescribed by Laws or Regulations or by the terms of and replacement of defective Work , OWNER (and , any applicable special guarantee required by the prior to ENGINEER ' s recommendation of final pay- 00700 - 37 00700 - General Conditions REV 04-07. doc F:\Public Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan)Wdmim\bid documents\00700 - General Conditions REV 04-07 . doc PRIMP?�7 , 19111y IF I ell IV I IF li IF III I IF Feel I It IF I VFit- 4, cIV I ment, ENGINEER ) prefers to accept it, OWNER may C . All Claims , costs , losses , and damages do so . CONTRACTOR shall pay all Claims , costs , ( including but not limited to all fees and charges of losses , and damages ( including but not limited to all engineers , architects , attorneys , and other fees and charges of engineers , architects , attorneys , professionals and all court or arbitration or other and other professionals and all court or arbitration or dispute resolution costs ) incurred or sustained by other dispute resolution costs ) attributable to OWNER in exercising the rights and remedies under OWNER ' s evaluation of and determination to accept this paragraph 13 . 09 will be charged against CON . such defective Work (such costs to be approved by TRACTOR , and a Change Order will be issued ENGINEER as to reasonableness) and the diminished incorporating the necessary revisions in the Contract value of the Work to the extent not otherwise paid by Documents with respect to the Work ; and OWNER CONTRACTOR pursuant to this sentence . If any shall be entitled to an appropriate decrease in the such acceptance occurs prior to ENGINEER ' s recom - Contract Price . If the parties are unable to agree as to mendation of final payment, a Change Order will be the amount of the adjustment, OWNER may make a issued incorporating the necessary revisions in the Claim therefor as provided in paragraph 10 . 05 . Such Contract Documents with respect to the Work, and claims , costs , losses and damages will include but not OWNER shall be entitled to an appropriate decrease be limited to all costs of repair, or replacement of work in the Contract Price , reflecting the diminished value of of others destroyed or damaged by correction , Work so acceptedFee . If the parties are unable to agree removal , or replacement of CONTRACTOR ' s as to the amount thereof, OWNER may make a Claim defective Work , therefor as provided in paragraph 10 . 05 . If the acceptance occurs after such recommendation , an D . CONTRACTOR shall not be allowed an appropriate amount will be paid by CONTRACTOR to extension of the Contract Times (or Milestones) OWNER . because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER ' s 13 . 09 OWNER May Correct Defective Work rights and remedies under this paragraph 13 . 09 . A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct ARTICLE 14 - PAYMENTS TO CONTRACTOR AND defective Work or to remove and replace rejected COMPLETION Work as required by ENGINEER in accordance with paragraph 13 . 06 . A, or if CONTRACTOR fails to perform the Work in accordance with the Contract 14 . 01 Schedule of Values Documents , or if CONTRACTOR fails to comply with any other provision of the Contract Documents , A. The schedule of values established as provid- 16 OWNER may, after seven days written notice to ed in paragraph 2 . 07 . A will serve as the basis for CONTRACTOR , correct and remedy any such progress payments and will be incorporated into a deficiency. form of Application for Payment acceptable to ENGI - NEER . Progress payments on account of Unit Price B . In exercising the rights and remedies under Work will be based on the number of units completed , this paragraph , OWNER shall proceed expeditiously. In connection with such corrective and remedial 14 . 02 Progress Payments action , OWNER may exclude CONTRACTOR from all or part of the Site , take possession of all or part of the A. Applications for Payments Work and suspend CONTRACTOR 's services related thereto , take possession of CONTRACTOR 's tools , 1 . At least 20 days before the date appliances , construction equipment and machinery at established for each progress payment ( but not the Site , and incorporate in the Work all materials and more often than once a month ) , equipment stored at the Site or for which OWNER has CONTRACTOR shall submit to ENGINEER for paid CONTRACTOR but which are stored elsewhere . review an Application for Payment filled out and CONTRACTOR shall allow OWNER , OWNER ' s signed by CONTRACTOR covering the Work representatives , agents and employees , OWNER ' s completed as of the date of the Application and other contractors , and ENGINEER and ENGINEER ' s accompanied by such supporting Consultants access to the Site to enable OWNER to documentation as is required by the Contract exercise the rights and remedies under this Documents . If payment is requested on the paragraph . basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location 00700 38 00700 - General Conditions REV 04-07 . dOC - FAPublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1_69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc Ir � = r Q91 % ti agreed to in writing , the Application for Payment subsequent tests called for in the Contract shall also be accompanied by a bill of sale , Documents , to a final determination of invoice , or other documentation warranting that quantities and classifications for Unit Price OWNER has received the materials and equip- Work under paragraph 9 . 08 , and to any ment free and clear of all Liens and evidence other qualifications stated in the that the materials and equipment are covered recommendation ) ; and by appropriate property insurance or other arrangements to protect OWNER 's interest c. The conditions precedent to therein , all of which must be satisfactory to CONTRACTOR ' s being entitled to such OWNER , payment appear to have been fulfilled in so far as it is ENGINEER 's responsibility to 2 . Beginning with the second observe the Work . Application for Payment, each Application shall include an affidavit of CONTRACTOR stating 3 . By recommending any such that all previous progress payments received payment ENGINEER will not thereby be on account of the Work have been applied on deemed to have represented that: ( i ) inspec- account to discharge CONTRACTOR ' s tions made to check the quality or the quantity legitimate obligations associated with prior of the Work as it has been performed have Applications for Payment, been exhaustive , extended to every aspect of the Work in progress , or involved detailed 3 . The amount of retainage with respect inspections of the Work beyond the responsk to progress payments will be as stipulated in bilities specifically assigned to ENGINEER in the Agreement. the Contract Documents ; or ( ii ) that there may not be other matters or issues between the B . Review of Applications parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER 1 . ENGINEER will , within 10 days after to withhold payment to CONTRACTOR , receipt of each Application for Payment, either indicate in writing a recommendation of 4 . Neither ENGINEER 's review of payment and present the Application to CONTRACTOR ' s Work for the purposes of w OWNER or return the Application to recommending payments nor ENGINEER ' s CONTRACTOR indicating in writing recommendation of any payment, including final ENGINEER 's reasons for refusing to payment, will impose responsibility on recommend payment. In the latter case , CON - ENGINEER to supervise , direct, or control the TRACTOR may make the necessary Work or for the means, methods , techniques , corrections and resubmit the Application , sequences , or procedures of construction , or the safety precautions and programs incident 2 . ENGINEER 's recommendation of thereto , or for CONTRACTOR 's failure to any payment requested in an Application for comply with Laws and Regulations applicable to Payment will constitute a representation by CONTRACTOR ' s performance of the Work . ENGINEER to OWNER , based on Additionally, said review or recommendation will ENGINEER 's observations on the Site of the not impose responsibility on ENGINEER to executed Work as an experienced and qualified make any examination to ascertain how or for design professional and on ENGINEER's what purposes CONTRACTOR has used the review of the Application for Payment and the moneys paid on account of the Contract Price , accompanying data and schedules , that to the or to determine that title to any of the Work , best of ENGINEER 's knowledge , information materials , or equipment has passed to and belief: OWNER free and clear of any Liens . a . the Work has progressed to the point 5 . ENGINEER may refuse to recom - indicated ; mend the whole or any part of any payment if, in ENGINEER ' s opinion , it would be incorrect to b . the quality of the Work is generally in make the representations to OWNER referred accordance with the Contract Documents to in paragraph 14 . 02 . B . 2 . ENGINEER may (subject to an evaluation of the Work as a also refuse to recommend any such payment functioning whole prior to or upon or, because of subsequently discovered Substantial Completion , to the results of any evidence or the results of subsequent 00700 - 39 00700 - General Conditions REV 04-07. doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)AAdmim\bid documents\00700 - General Conditions REV 04-07 . doc IMI I inspections or tests , revise or revoke any such ENGINEER , OWNER must give payment recommendation previously made , to CONTRACTOR immediate written notice (with such extent as may be necessary in a copy to ENGINEER) stating the reasons for ENGINEER ' s opinion to protect OWNER from such action and promptly pay CONTRACTOR loss because : any amount remaining after deduction of the amount so withheld . OWNER shall promptly a . the Work is defective , or completed pay CONTRACTOR the amount so withheld , or Work has been damaged , requiring any adjustment thereto agreed to by OWNER correction or replacement; and CONTRACTOR , when CONTRACTOR corrects to OWNER 's satisfaction the reasons b . the Contract Price has been reduced for such action . by Written Amendment or Change Orders ; 3 . If it is subsequently determined that c. OWNER has been required to correct OWNER ' s refusal of payment was not justified , defective Work or complete Work in accor. the amount wrongfully withheld shall be treated dance with paragraph 13 . 09 ; or as an amount due as determined by paragraph 14 . 02 . C . 1 , ENGINEER has aGtUa. 1 knowledge Gf the�OO I"1 irren ^o of y of the. events 14 . 03 CONTRACTOR 's Warranty of Title I r ated On paFagraph 15 . 02 .A, A. CONTRACTOR warrants and guarantees C . Payment Becomes Due that title to all Work, materials , and equipment covered by any Application for Payment, whether incorporated Ton days after preseRtatiGR Of " in the Project or not, will pass to OWNER no later than Application for Payment to OWNER with the time of payment free and clear of all Liens . ER' GIN €€ R ' s recommendation , the aFnGUR 14 . 04 Substantial Completion paFagFaph 14 . 02 . D ) beGGme due , and when due will be paid by OWNER to CONTRACTOR . A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall D . Reduction in Payment notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items 1 . OWNER may refuse to make specifically listed by CONTRACTOR as incomplete ) payment of the full amount recommended by and request that ENGINEER issue a certificate of ENGINEER because : Substantial Completion . Promptly thereafter, OWNER , CONTRACTOR , and ENGINEER shall a . claims have been made against make an inspection of the Work to determine the OWNER on account of CONTRACTOR ' s status of completion . If ENGINEER does not consider performance or furnishing of the Work ; the Work substantially complete , ENGINEER will notify CONTRACTOR in writing giving the reasons b . Liens have been filed in connection therefore . If ENGINEER ronsiders the 1Akork with the Work , except where subStaRtially ENGINEER well PFepaFe and. CONTRACTOR has delivered a specific dot „ eF to OWNER a to ++ e ner+ifi. + of Sl 1h'#;; ntM ;; 1 Bond satisfactory to OWNER to secure the Gernp ietieR whish- shall fxw the date of Substantial satisfaction and discharge of such Liens , Gernpletien There shall be attas#ed to the nertifi^ to a tentative list of iterns to be GOMpleted OF GE) rFeGted c. there are other items entitling OWNbefoFe final payrneRt. OWNER shall have seven days. - ER to a set-off against the amount recommended ; or make wFatten objeGtion to ENGINIFFIR as to any PFOYis eRs of the GeFtlfisate or attaehed list if, d . OWNER has actual knowledge of the ^s iderin ^ G11 ^ " Ob ^+i„ n ENGINEER— nendildes occurrence of any of the events enumerated in paragraphs 14 , 02 . B . 5 . a through FICCwill within 14 ays fte submission f thtm ' AGIN� C7 14 , 02 , B . 5 . c or paragraph 15 . 02 . A. I " • ^+i^.g-stating the reasons therefor if, a#ef 2 . If OWNER refuses to make payment GORsiderat+en of OWNER ' s objections , € NGIN€€R of the full amount recommended by 00700 - 40 00700 - General Conditions REV 04-07 . doc F : \Public Works\ENGINEERING DIVISION PROJECTS\0845-Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 0411107 . doc In I l s� . Lee le r_mv €11 NF € R will within said 14 days m-„ tially complete and request ENGINEER to issue HPIIUer to ll1A / AICD And CONTRACTOR Wenot a certificate of Substantial Completion for that part of the Work. Within a reasonable time tentatove lost of items to be GOMpleted OF GGrFeGted) after either such request, OWNER , rnflon}inn S , ,,,h nhannoc frorn the M. 1tentative1 =' CONTRACTOR , and ENGINEER shall make ;as ENGINEER believes , c +ified f+ id t c J an inspection of that part of the Work to determine its status of completion . If of the tentatiVe GeFtif' Gate of Substantial Gemp ! ENGINEER does not consider that part of the ENGINEER will deliver to OWNER d CONTRnQ Work to be substantially complete , ENGINEER TOR " �r'*� n ' a` + '' ` will notify OWNER and CONTRACTOR in respensibil *ties pending final payment betwe writing giving the reasons therefor. If ENGINEER considers that part of the Work to M. . MMI RUMOR be substantially complete , the provisions of maranee heat, utilities insurance , and waFrantio paragraph 14 . 04 will apply with respect to and guarantees lMnless—AWN € R afad certification of Substantial Completion of that CONTRACTOR agree othpirivaRp in II . - writing and part of the Work and the division of inform CAI ! _ IAICCp ' n +' +n CAI ! ` lmirrr� ENGINEER writi � � q pFodl to = NIGIN+� 6 responsibility in respect thereof and access ssu ng the definitive GertifiGate of Substantial GempleRM thereto . +inn ENGINEER ' q fnres irl ono mond! fion ' ll k Ml biRding OR OWNER and GONTRAGTOR until MR 2 . No occupancy or separate operation payment, of part of the Work may occur prior to compliance with the requirements of paragraph B . OWNER shall have the right to exclude 5 . 10 regarding property insurance . CONTRACTOR from the Site after the date of Substantial Completion , but OWNER shall allow CON - 14 . 06 Final Inspection TRACTOR reasonable access to complete or correct items on the tentative list. A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 14 . 05 Partial Utilization complete , ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will A. Use by OWNER at OWNER ' s option of any notify CONTRACTOR in writing of all particulars in substantially completed part of the Work which has which this inspection reveals that the Work is specifically been identified in the Contract Documents , incomplete or defective. CONTRACTOR shall or which OWNER , ENGINEER , and CONTRACTOR immediately take such measures as are necessary to agree constitutes a separately functioning and usable complete such Work or remedy such deficiencies , part of the Work that can be used by OWNER for its intended purpose without significant interference with 14 . 07 Final Payment CONTRACTOR ' s performance of the remainder of the Work , may be accomplished prior to Substantial A. Application for Payment Completion of all the Work subject to the following conditions . 1 . After CONTRACTOR has , in the opinion of ENGINEER , satisfactorily completed 1 . OWNER at any time may request all corrections identified during the final CONTRACTOR in writing to permit OWNER to inspection and has delivered , in accordance use any such part of the Work which OWNER with the Contract Documents , all maintenance believes to be ready for its intended use and and operating instructions , schedules , guaran - substantially complete . If CONTRACTOR tees , Bonds , certificates or other evidence of agrees that such part of the Work is insurance certificates of inspection , marked-up substantially complete , CONTRACTOR will record documents (as provided in paragraph certify to OWNER and ENGINEER that such 6 . 12 ) , and other documents , CONTRACTOR part of the Work is substantially complete and may make application for final payment follow- request ENGINEER to issue a certificate of ing the procedure for progress payments . Substantial Completion for that part of the Work. CONTRACTOR at any time may notify 2 . The final Application for Payment OWNER and ENGINEER in writing that shall be accompanied (except as previously CONTRACTOR considers any such part of the delivered ) by: ( i) all documentation called for in Work ready for its intended use and substan - the Contract Documents , including but not 00700 - 41 00700 - General Conditions REV 04-07. doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc PTNOW7, ANN ANNA WWI IV _ . , I INA 141 , It IIe I limited to the evidence of insurance required by subparagraph 5 . 04 . 8 . 7 ; ( ii ) consent of the dee by ENGINEER w ill beGOrne d ue surety , if any, to final payment; and ( iii ) and , when due , will be paid by OWNEIR -to complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection 14 . 08 Final Completion Delayed with the Work . A. If, through no fault of CONTRACTOR , final 3 . In lieu of the releases or waivers of completion of the Work is significantly delayed , and if Liens specified in paragraph 14 . 07 . A. 2 and as ENGINEER so confirms , OWNER shall , upon receipt approved by OWNER , CONTRACTOR may of CONTRACTOR ' s final Application for Payment and furnish receipts or releases in full and an recommendation of ENGINEER , and without terminat- affidavit of CONTRACTOR that: ( i) the releases ing the Agreement, make payment of the balance due and receipts include all labor, services , for that portion of the Work fully completed and material , and equipment for which a Lien could accepted . If the remaining balance to be held by be filed ; and ( ii ) all payrolls , material and OWNER for Work not fully completed or corrected is equipment bills , and other indebtedness less than the retainage stipulated in the Agreement, connected with the Work for which OWNER or and if Bonds have been furnished as required in OWNER's property might in any way be paragraph 5 . 01 , the written consent of the surety to responsible have been paid or otherwise satis- the payment of the balance due for that portion of the fied . If any Subcontractor or Supplier fails to Work fully completed and accepted shall be submitted furnish such a release or receipt in full , CON - by CONTRACTOR to ENGINEER with the Application TRACTOR may furnish a Bond or other for such payment. Such payment shall be made collateral satisfactory to OWNER to indemnify under the terms and conditions governing final OWNER against any Lien . payment, except that it shall not constitute a waiver of B . Review of Application and Acceptance Claims . 1 . If, on the basis of ENGINEER ' s 14 . 09 Waiver of Claims observation of the Work during construction A . The making and acceptance of final payment and final inspection , and ENGINEER ' s review will constitute : of the final Application for Payment and accompanying documentation as required by 1 . a waiver of all Claims by OWNER the Contract Documents , ENGINEER is against CONTRACTOR , except Claims arising satisfied that the Work has been completed from unsettled Liens , from defective Work and CONTRACTOR 's other obligations under appearing after final inspection pursuant to the Contract Documents have been fulfilled , paragraph 14 . 06 , from failure to comply with the ENGINEER will , within ten days after receipt of Contract Documents or the terms of any special the final Application for Payment, indicate in guarantees specified therein , or from writing ENGINEER 's recommendation of CONTRACTOR 's continuing obligations under payment and present the Application for the Contract Documents ; and Payment to OWNER for payment. At the same time ENGINEER will also give written notice to 2 , a waiver of all Claims by CONTRAC- OWNER and CONTRACTOR that the Work is TOR against OWNER other than those acceptable subject to the provisions of previously made in writing which are still paragraph 14 . 09 . Otherwise , ENGINEER will unsettled . return the Application for Payment to CONTRACTOR , indicating in writing the reasons for refusing to recommend final ARTICLE 15 AN SUSPENSION OF WORK AND payment, in which case CONTRACTOR shall TERMINATION make the necessary corrections and resubmit the Application for Payment. C . Payment Becomes Due 15 . 01 OWNER May Suspend Work A . At any time and without cause , OWNER may i , Thirty days afteF the presentatio suspend the Work or any portion thereof for a period CAA.INER of the AppliGatien for Payment and of not more than 90 consecutive days by notice in 00700 - 42 00700 - General Conditions REV 04-07. doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07 . doc elm ee me I writing to CONTRACTOR and ENGINEER which will will be paid to CONTRACTOR . If such claims , costs , fix the date on which Work will be resumed . CON - losses , and damages exceed such unpaid balance , TRACTOR shall resume the Work on the date so CONTRACTOR shall pay the difference to OWNER . fixed . CONITRACTOR ghall he allowed an adjustmeRSuch claims , costs , losses , and damages incurred by OWNER will be reviewed by ENGINEER as to their In- Times , or both , direGtly attributable to any reasonableness and , when so approved by ided On paragraph In nx7 ENGINEER , incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the 15 . 02 OWNER May Terminate for Cause lowest price for the Work performed . A. The occurrence of any one or more of the C . Where CONTRACTOR ' s services have been following events will justify termination for cause : so terminated by OWNER , the termination will not affect any rights or remedies of OWNER against 1 . CONTRACTOR ' s persistent failure CONTRACTOR then existing or which may thereafter to perform the Work in accordance with the accrue . Any retention or payment of moneys due Contract Documents ( including , but not limited CONTRACTOR by OWNER will not release CON - to , failure to supply sufficient skilled workers or TRACTOR from liability. suitable materials or equipment or failure to adhere to the progress schedule established 15 . 03 OWNER May Terminate For Convenience under paragraph 2 . 07 as adjusted from time to time pursuant to paragraph 6 . 04) ; A. Upon seven days written notice to COW TRACTOR and ENGINEER , OWNER may, without 2 . CONTRACTOR 's disregard of Laws cause and without prejudice to any other right or or Regulations of any Public body having remedy of OWNER elect to terminate the Contract. jurisdiction ; In such case , CONTRACTOR shall be paid (without 3 . CONTRACTOR ' s disregard of the duplication of any items) : authority of ENGINEER , or 1 . for completed and acceptable Work executed in accordance with the Contract 4 . CONTRACTOR 's violation in any Documents prior to the effective date of substantial way of any provisions of the termination , including fair and reasonable sums Contract Documents , for overhead and profit on such Work ; B . If one or more of the events identified in 2 , for expenses sustained prior to the paragraph 15 . 02 . A occur, OWNER may, after giving effective date of termination in performing CONTRACTOR (and the surety, if any) seven days services and furnishing labor, materials , or written notice , terminate the services of equipment as required by the Contract CONTRACTOR , exclude CONTRACTOR from the Documents in connection with uncompleted Site, and take possession of the Work and of all Work , plus fair and reasonable sums for CONTRACTOR ' s tools , appliances , construction overhead and profit on such expenses ; equipment, and machinery at the Site , and use the same to the full extent they could be used by 3 , for all claims , costs , losses , and CONTRACTOR (without liability to CONTRACTOR for damages ( including but not limited to all fees trespass or conversion ) , incorporate in the Work all and charges of engineers , architects , attorneys , materials and equipment stored at the Site or for and other professionals and all court or which OWNER has paid CONTRACTOR but which arbitration or other dispute resolution costs) in - are stored elsewhere , and finish the Work as OWNER curred in settlement of terminated contracts may deem expedient. In such case , CONTRACTOR with Subcontractors , Suppliers , and others ; and shall not be entitled to receive any further payment until the Work is finished . If the unpaid balance of the 4 , for reasonable expenses directly Contract Price exceeds all claims , costs , losses , and attributable to termination . damages ( including but not limited to all fees and charges of engineers , architects , attorneys , and other B . CONTRACTOR shall not be paid on account professionals and all court or arbitration or other of loss of anticipated profits or revenue or other eco- dispute resolution costs ) sustained by OWNER arising nomic loss arising out of or resulting from such out of or relating to completing the Work , such excess termination . 00700 - 43 00700 - General Conditions REV 04-07. doc F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)\Admin bid documents\00700 - General Conditions REV 04-07 . doc .a . x _ I It s- person to the individual or to a member of the firm or 15 . 04 CONTRACTOR May Stop Work or to an officer of the corporation for whom it is intended , Terminate or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known A. If, through no act or fault of CONTRACTOR , to the giver of the notice . the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other 17 . 02 Computation of Times public authority , or ENGINEER fails to act on any Application for Payment within 30 days after it is A. When any period of time is referred to in the submitted , or OWNER falls for 30 days to pay Q Contract Documents by days , it will be computed to TRACTOR any surn finally determined to be ch it= , then exclude the first and include the last day of such CONTRACTOR may, upon seven days written notice period . If the last day of any such period falls on a to OWNER and ENGINEER , and provided OWNER Saturday or Sunday or on a day made a legal holiday or ENGINEER do not remedy such suspension or by the law of the applicable jurisdiction , such day will failure within that time , terminate the Contract and be omitted from the computation . recover from OWNER payment on the same terms as provided in paragraph 15 . 03 . In lieu of terminating the 17 . 03 Cumulative Remedies Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an A. The duties and obligations imposed by these Application for Payment within 30 days after it is General Conditions and the rights and remedies avail. submitted , able hereunder to the parties hereto are in addition to , CONTRACTOR any sum finally deteFmined to be and are not to be construed in any way as a limitation CONTRACTOR may, seven days after written notice of, any rights and remedies available to any or all of to OWNER and ENGINEER , stop the Work until them which are otherwise imposed or available by payment is made of all such amounts due Laws or Regulations , by special warranty or CONTRACTOR , including interest thereon . The guarantee , or by other provisions of the Contract provisions of this paragraph 15 . 04 are not intended to Documents , and the provisions of this paragraph will preclude CONTRACTOR from making a Claim under be as effective as if repeated specifically in the paragraph 10 . 05 for an adjustment in Contract Price Contract Documents in connection with each or Contract Times or otherwise for expenses or particular duty , obligation , right, and remedy to which damage directly attributable to CONTRACTOR ' s they apply, stopping the Work as permitted by this paragraph . If 17 . 04 Survival of Obligations ARTICLE 16 - DISPUTE RESOLUTION A. All representations , indemnifications , warran - ties , and guarantees made in , required by, or given in accordance with the Contract Documents , as well as 16 . 01 Methods and Procedures all continuing obligations indicated in the Contract Documents , will survive final payment, completion , A. Dispute resolution methods and procedures , if and acceptance of the Work or termination or comple- any, shall be as set forth in the Supplementary tion of the Agreement. Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 17 . 05 Controlling Law and 10 . 05 , OWNER and CONTRACTOR may exercise such rights or remedies as either may A . This Contract is to be governed by the law of the otherwise have under the Contract Documents or by state in which the Project is located . Laws or Regulations in respect of any dispute . ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice , it will be deemed to have been validly given if delivered in 00700 - General Conditions REV 04-07 . doc 00700 - 44 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\00700 - General Conditions REV 04-07. doc IN N IN 1 k IN IN m 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 F : \PublicWorks\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc 0IN IT Ne IN A SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC - 1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910-8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below . All provisions , which are not so amended or supplemented , remain in full force and effect . The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC - 1 . 01 Defined Terms SC- 1 . 01 . A . 20 . Add the following language to the end of GC 1 . 01 . A . 20 ENGINEER 'S Consultants : Kimley- Horn and Associates , Inc. 44524 th Street , Suite 200 Vero Beach , Fl . 32960 Phone : ( 772 ) 794-4100 Bridge Design Associates , Inc 1402 Royal Palm Beach Blvd . Bldg . 200 Royal Palm Beach , Florida 33411 Phone : ( 561 ) 656 -3660 Fax : (561 ) 791 - 1995 SC - 1 . 02 Terminology SC- 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place: D . Furnish, Install, Perform, Provide 1 . The word "furnish " shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install " shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform " or " provide " shall mean to furnish and install services , materials , or equipment complete and ready for intended use . SC -2 . 05 Before Starting Construction SC-2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place : C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so 00800- 1 00800 - Supplementary Conditions 061,,09 rev . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )Wdmim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc ILI IL obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . SC -2 . 06 Preconstruction Conference SC -2 . 06 Delete paragraph GC-2. 06. A in its entirety and insert the following paragraph in its place : A . Immediately after awarding the contract , but before the CONTRACTOR begins work , the Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2 . 05 . 13 , procedures for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . 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 . SC -4 . 02 Subsurface and Physical Conditions SC4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER ' s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : Soil Survey — Old Dixie Highway Sidewalk Improvements from Sta . 21 + 00 to 204 + 00 ( 38 1h Ln . to 65th St . ) D . Reports and drawings itemized in SC4 . 02 . 0 are not included with the Bidding Documents . Copies may be examined at Indian River County Administration Building , Public Works , 1801 27th Street , Vero Beach , FL 32960 during regular business hours . These reports and drawings are not part of the Contract Documents . SC -5 . 01 Performance , Payment and Other Bonds SC - 5 . 01 . A. Delete paragraph GC- 5. 01 . A in its entirety and insert the following paragraphs in its place : 00800-2 00800 - Supplementary Conditions 06-09 rev. doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc 1777 1 . 11 �7 `Aeo`W7t� 71r7777 All � . Within ten ( 15 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100 % of the Contract Price . 1 . In lieu of the Public Construction Bond , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check , cashier' s check , irrevocable letter of credit or a security as listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER . 2 . Such Bond shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER . 3 , The 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: Co The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker' s Compensation : To meet statutory limits in compliance with the Worker's Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident , $ 500 , 000 disease ( policy limit) and $ 100 , 000 disease (each employee ) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee ( s ) of the CONTRACTOR . 2 . Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C , Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 , Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for : a . Owner Autos b . Hired Autos 00800-3 00800 - Supplementary Conditions 06-09 rev. doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc 117 1 e 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 . 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 00800-4 00800 - Supplementary Conditions 06-09 rev. doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc 5L 11 1 1 11 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 . 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 ) ; 46 cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 5 . allow for partial utilization of the Work by OWNER ; 60 include testing and startup ; and 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. 00800-5 00800 - Supplementary Conditions 06-09 rev . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )Wdmim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc r _ SC -6 . 02 Labor ; Working Hours SC-6 . 02 . A. Add the following paragraphs immediately after paragraph GC- 6. 02. A : 1 . The Contractor shall utilize the U . S . Department of Homeland Security ' s E -Verify system , in accordance with the terms governing use of the system , to confirm the employment eligibility of all persons employed by the Contractor during the term of the Contract to perform employment duties within Florida and all persons , including subcontractors , assigned by the Contractor to perform work pursuant to the Contract with the Department. SC-6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC- 6. 02. 8: 1 . Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year' s Day , Good Friday , Memorial Day , Independence Day , Labor Day , Veterans Day , Thanksgiving Day , Friday after Thanksgiving , Christmas Eve and Christmas Day . Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager , 3 . The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week , even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER ' s employees and costs of ENGINEER 's Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m . except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC-6 . 06 . C . Add the following sentence at the end of paragraph GC- 6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity . SC -6 . 08 Permits SC -6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : A . The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A" ) : 00800-6 00800 - Supplementary Conditions 06-09 rev . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )Wdmim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc FIE ' In In nIk PI ' In In 1 . St . Johns River Water Management District - Permit no 400-061 - 126858 - 1 2 . Indian River Farms Water Control District — Permit no 1041 B . The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER . C . The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC - 13 . 03 Test and Inspections SC- 13 . 03 . 8 . Delete the first sentence of paragraph GC43. 03. 8 in its entirety, and insert the following sentences in its place: A . Contractor 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 , testing shall be done in accordance with the FDOT Sampling, Testing and Reporting Guide by Material Description and the FDOT Materials Manual (Topic No. 675-000-000) . FDOT Standard Specifications for Road and Bridge Construction ( including all modification such as supplemental and special provisions ) must be used . The Owner will be responsible for all project level inspection , verification testing , and insuring all data is entered into LIMS ( Laboratory Information Management System ) , 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 00800-7 00800 - Supplementary Conditions 06-09 rev. doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP)\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc 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 GC- 14. 02. 8. 5: e . OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . 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 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 . 0413 Add the following new paragraph immediately after paragraph GC 14. 046: 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 00800-8 00800 - Supplementary Conditions 06-09 rev. doc F :\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk USI -69th ( LAP )\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc IV 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 GC45. 01 . A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension . SC -15 . 02 OWNER May Terminate For Cause SC- 15 . 02 . A . 5 and SC- 15 . 02 . A. 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4: 5 . CONTRACTOR ' s violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR' s failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC -15 . 04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04. A : SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04. A : er OWNER has failed fel; 30 days to pay GON 'rRACTOR Ry s6IFR f a Rally detem; iRed te be d� SC - 16 DISPUTE RESOLUTION SC - 16 . 02 Mediation 00800-9 00800 - Supplementary Conditions 06-09 rev . doc F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev . doc nqpp 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 . SC - 17 Miscellaneous Add the following new paragraphs immediately after paragraph GC17. 05: SC - 17 . 06 Liens A . This project is a " Public Works " under Chapter 255 , Florida Statutes . No merchant' s liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract . The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR ' S Name ) and to ( CONTRACTOR Surety Company Name ) pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub qm 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 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewallk800 US1 69th1ementary( LAP )Wdm m\bid Conditions 06-09 rev . doc documents\00800 - supplementary Conditions 06-09 rev . doc SECTION 00942 - Change Order Form SEE CHANGE ORDER # 1 - APPROVED BY BCC ON 11 = 1 =2011 LOCATED AT THE END OF THE PUBLIC WORKS AGREEMENT 00520 42 - 1 00942 - Change Order Form REV 04-07 . doc F : \Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 69th ( LAP)\Admim \bid documents\00942 - Change Order Form REV 04-07 . doc — v ler SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River Countv CONTRACTOR Project : Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street Bid No . 2011045 Project No . 0845 ENGINEER Indian River Countv You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order: Attachments : ( List documents supporting change ) 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 previTn ange previous Change Orders No . Orders No . to ( days ) to Substantial tion : Final tion : Contract Price prior to this $ Contract Time prior to nge Change Order : Order : (days or dates ) Substantial tion : Final tion : Net increase (decrease ) of this $ Net increase (decreaseChange Order : Change Order: (day s or dates )Substantial tion :Final tion :Contract Price with aapproved $ Contract Time with all ad 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 : 42 - 2 00942 - Change Order Form REV 04-07 . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 69th ( LAP)\Admim\bid documents\00942 - Change Order Form REV 04-07 . doc In In I 14 In n SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Project : Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street Bid No . 2011045 Project No , 0845 ENGINEER : Indian River County Field Activity Description : Reason for Change : Recommended Disposition : Field Operations Officer / Engineer ( Signature ) Date Disposition : Contractor's Onsite Supervisor ( Signature ) Date Distribution : Field Operations Officer Others as Required : On -site Supervisor Project File * * END OF SECTION Field Ordr Form FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US10069th ( AP )Wdmem\bid REV 04-07 . doc documents\00946 - Field Order Form REV 04-07 . doc — JIM . SECTION 00948 - Work Change Directive No , DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR : Project : Old Dixie Highway Sidewalk Improvements from 38th Lane to 65th Street Bid No , 2011045 Project No . 0845 ENGINEER : Indian River County You are directed to proceed promptly with the following changes : Description : Purpose of Work Change Directive : Attachments : ( List documents supporting change ) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents . Method of determining change in Method of determining change in Contract Prices : Contract Times ❑ Unit Prices ❑ Contractor's Records II Lump Sum ❑ Engineer's Records II Other: II Other : II By Change Order: II By Change Order: Estimated increase (decrease ) in Contract Price : Estimated increase ( decrease ) in Contract Times : Substantial Completion : days ; Ready for Final Completion : days . If the change involves an increase , the estimated If the change involves an increase , the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . ACCEPTED : RECOMMENDED : APPROVED : By : By . By : CONTRACTOR ( Signature ) ENGINEER (Signature ) OWNER ( Signature ) Date : Date : Date : * * END OF SECTION F:APublic WorkS\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk USI 69th (LAP)AAdinim\bid documents\00948 - Work Change Directive REV 04-07 . doc — zr DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO . SPECIAL PROVISIONS 01009 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 y POST FINAL INSPECTION 01820 F : APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy Sidewalk US1 _69th (LAP)\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 . Adjacent property owners at time of bidding are listed below . 01009- 1 01009-Special Provisions F : \Public Works\ENGINEERING DIVISION PROJECTS\0845 - Dixie Hwy US1 _69th ( LAP ) ROW Mapping Project ( Morgan )\Admim \bid documents\01009 - Special Provisions . 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, Be Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . 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 . i F :\Public Works\ENGINEERING DIVISION PROJECTS\0845 Dixie Hwy Sidewalk US1 _69tth ( LAP )\Adm01050 am\b dlneering documents\01050 - Field Engineering . doc WIF 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 + + 01050 Fieldnneering F :\Public Works\ENGINEERING DIVISION PROJECTS\0845 D050 ixie H y Sidewalk US1 _69tth (LAP)Wdm mEbid documents\01050 - Field Engineering . doc ,.• _ �t �.- :,.0 w ;w � , R , '•�'f,. . ... $. as �w., z�.,rts''> ..-s'S'Y . .. .�. >. �'�.,. ., .:.�•u�' -� .:':: '� F w , as . . �'" ,.:..e � "t > � ,tea s ';4: ss%" d `�" ' xa3=4x i s ��,t ,u� MRU 17= +. .s i °. , :t ha i L r '4 s : , , ""'�S rR ^ "' s w � rt .# •'x•L ,:aw w x f , kez . aa . - ,M - . ,.r,,F - «.d ,_.,, .,u ^. . ""3' �- `, � AC zed - t llL l_ 4, o SECTION 01091 REFERENCE STANDARDS lv"ll el , III e ee 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 adoV ell lle "Ipted and published at the date of advertisement for bidsL4 elI , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is I Ile, 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 Ile le the Specifications by abbreviations , in accordance with the following list : Ile AASHTO The American Association of State Highway and Transportation Officials le ACI American Concrete Institute el ell - AGA American Gas Association AISC American Institute of Steel Construction ell AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers I Ile 71 , Le ASTM American Society for Testing and MaterialsI , ellIler- ell AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications I % ell e Ile , ell F :\Public Works\ENGINEERING DIVISION PROJECTS\0845 Dixii eHwy Sidewalk US1 69th ( LAP )Wdmim bid do01091 f uments\01091 erence ds Reference Standards . doc — r S I ell wY` z S `+�"a+ > . .. .. v, - na : s t ,.: .. , .`5.,,. ,.. . .,.. , . `:,w'`r' '' •' .. 3t a` .,s - �&, -9 ,s^ :w. : t . ,. .. . .• _ .. �'c r 'm wst�r� ' y, � �u, ., r . . .a ,. .... '� < # :•w,. £� . ,.xs(,` :,:� §w� <. :: 'i : . ,r F z 4%v � s i ,. .. '� ._�` r`•�3 : � .G 's, , s<.T, Aa. � v'r .� � 1 K .a +tt '�- .. r. �' a :. ., t r : .::, r..-s "•''`r . . ,;> a� ^�''` �'; �,'; `�ly,. x k ,-rv, ,. . ,. .. .� a-x.,�{ r. ,.,1: t:�x YB. >:�: k a tt '; ;S` ?7. '. .. ,4.. . .: 1, „.r•,'q ' ta , .k�. 's .. . qw ?A 8 .n . c.3 ,, " -, .. ° ,, * `x. < a ss ,, w`r- "s � <. ,��, .r.. s � `#a . �:. ., n� s,,..,. r , ::.s. '+ _,. . . •s .. c ^,»p'° ,. ;e' ri+ '. sa `x 5 wrx . -�,. s.., :'-rsv � ^ .....: " ��C �a: �... FM ^" 7 ��sx;: ,,.. - T S a kbr' - . "'✓d.. _ . . . . , �' . ., ., , . , ..<„' o-A »f , . ,. . F � QrQ,VQQe Ile .k z �. Y.. .. .. . . i• J , . -t YC .. ,. £^ 9 '. Y a+ y : ..a, S� ,. . ..' § 1 ' >,.•. Y . , .. 8 !^,�. , ': . F,'w_ r"'f!4#+kr�. ;.M.. �( y ., ,E < . .c. •. > S-:. . ' ,a : i. :. -. .. . ":•_i..., st~. . . 2 , ..x `6 �+.•'#, „E +a' ... .' ” .?. eti, i" .. . 1 . -iu ... . > 5 31'" h";" 3 �-. iT,v ...:^ r,. ^t+ „ _ � . z -.,,._.v � ,. . _=� "� �( � ,. .v. ., , ,. s . ,. , .✓ �i x ':, r s. r F � .t. , ., ; y=. ,m. ..:44 v � tiw a '. ; 3 z ....?c`v . e a .p ` a+ �szs., .rs: ,�t 5 . '; > '?r "'ht . a: i`,F ` '`i ` a °4 .a: .sa 11,-041 VQQV4a , :. m, k " r tIle I IV IeV%V31 III Qv LL ei VV ves 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 IQ I NSPE National Society of Professional EngineersIV ell OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute 114 11 41 le FDOT/ DOT Florida Department of Transportation IL U . L . , Inc . Underwriter's Laboratories , Inc . SSPC Steel Structures Painting Council SJRWMD St . Johns River Water Management District IQQ 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 Ile ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevailsIV115. + + END OF SECTION + + v Ile, V IV le F :\Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie wyy Sidewalk US1 _69th ( LAP )\Adrnim bid documents\01091 1 �2 01091 Reference ds Reference Standards . doc 5 Y 5 5 _-IX III .:. %Yrf `�( -r *4� .. . ,f... .. �, ., . F :, s , t t 'tt , r}e rc'z .� z,, 4 . �-.. r' : a h. . :: . 'g t<: �` .€ "�°. t - . , n.<.:. y ,..„ :': ,+ s' ., Q4 :? <`c,:uu. , , .: . , ; .. ,i~^., ,: ».,, . . :a 3r .. ��.. ti �, z �� >�, .,, v � ,��. ,,uzr , , r'r'9 �, r�� , � � *�, Ile > ;i.. .. . ,. v ,. rc �.. -.. ,t . ,„. ..,'�E,el ..�: ,u. . 4 � - , �" .-;, :, .. . .: ,. . %., .-� •r• . .;.. f s�:k:� ,, .. ..�..):; ) , .: ,. � s 7£�+ . �r:,. s y.. 3 : to ,k .. ..�' { "�.� g� , $ r 2r 51 , Y t �. - }x.• x3:G' 1^ x, , . Y'. tom" d., .. : � . .. ,.. ,. u"+' ^w ? 5 .p 7" <' SECTION 01215 GENERAL QUALITY CONTROL 1 . 1 DESCRIPTION OF REQUIREMENTS17 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 It 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 ' ellservices of independent testing laboratories to perform those required inspections and tests . ell B . CONTRACTORS General Responsibility : No failure of test agencies , whether Int I engaged by the OWNER or CONTRACTOR , to perform adequate inspections I ell 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 intendedItvttt to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . 1 . 3 QUALITY ASSURANCE A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre - qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . 1 . 4 PRODUCT DELIVERY- STORAGE - HANDLING Handle , store and protect materials and products , including fabricated components , b methods and means which will prevent damage , deterioration and losses ( and resultingIt ot Is delays ) , thereby ensuring highest quality results as the performance of the work progresses . Control delivery schedules so as to minimize unnecessary long -term yt 01215 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845- D z e15- 1 Hwy Sidewalk US1 69th (LLAP)\Adrnim bid docuumenits\012215tr01Ik General Quality.doc �+ r e" t-.;, c .��,- ,. 'y'. "'$� � k. .: :s# r � ye; R� � ;_� ? �,5 :. k.�• J £S4 's .:.;� ss h 'f,,t � ^F �' �` > n. .M .r �::n. ,.,. .,.,.�. „. . . , . . . `"�. . �. x .�:.v .., �3 "•t . r . ,� i� ,. � , , w g�, , l•:. '� .J � 3 '� "t,§'W . :x '� '�` '�-'' .d�� - 'K� � + ,� '"'mt . ._.."i+ y. .ti �f �:. , in < . , .. -.: . . ,-.. .. ,: ,. . , . nx 1 . , v., .� vn fpyc .,,. 8 ..; q, S. . i .•. ... A; § � , ,,...,. S.,v §.:� L'x„ . .rni 'S ""e, -�'�... .. �4. . ,r � t.�z_w ., . , „ f _�., .,r:,.. '•sa ,� . #... z ...,� `'tw `i+ :.. .:. L £ . . k . ... . .., . :;, sem . . ... �y � °a�r. „�- �#'..� f , "' ,' ; . - +.rk.� a � Y ,. q �-,Y, . . <.;; - �.,, .- . �„ , . , + ,." • - ., n _ ., . ,a � .. . , ,. ,: "r. . a . tf. w �. a , ,..,,*� 2` .;�.t� .. r*". . 'a E ,.:g'R x �' .. „4 .,.e aa., ,.¢ . „ 'i e: ,afl . k . _fix � . - n . : ._ . , .,::.:, r . . i ar ,*. . a . , . : :±z _ ,::4 a .r. , arr: ,. .. . .z .. . . . _ !.. .za, . .. ,. ,�:. ,�... .., .t.. , , ' ,r . ,, ,.r: sz:; s s. .. r - Y n *r , , a r,r ` . . . .: ,E' , .^r b ,.a» - w *" c .. ., ,'� `�h .s§:. .3 ,{L t .F , ::. . ,. . .. v - , � x . , ;. :� r r:. . ,rr :,:, .. [ ' . .., ' ., . : Y a v . :. . Chi :. : .- .„ . , s° .' � se, ,. . , . . , , „ •a. y. , Y � . . „a. , . . .,;.« .. m x n . ,. ;... . ,. :. z, �. x .,.,: a$ �: . , air h .. hr? - r- %a ^^ Nr tr • ,'#�” .: t4: ^F. ..:; z' fi z `� -r; ' ,,, ii`.rt }"' t:-d} ": ` r w,' . rIF ` . a+ . * : , tea. r x r . ,, a a" ° a S5 4 111 r, t;w �4 ,x' .t =,k. ar ; _ �` i e , . , . ,3; €,. -p ., ,.,.� °-.. w. s t . �,,. 4 ,* , a o T ,�,a + rs•- '+k .� r" � a 's � ,4 s y III IF a'' 3 , s. .s. L FF ,. storage at the project site prior to installationIF I . FIFO I 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 IF Fl 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 IF 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: FvlIF 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 112 shall be clear and visible : FF 1 ) Cracks in walls . 2 ) Condition of fencingYFF. 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 beIF shown . The coverage of the photographs and video should include theIFIII limits of effects of the use of vibratory rollers . IFIF 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 theIII Contractor' s field office . IF 10 ) Payment — No additional payment will be made for this work . + + END OF SECTION + + F :\Public Works\ENGINEERING DIVISION PROJECTS\0845- D z e15-2 Hwy Sidewalk US1 69th (LLAP )\Admim b dral docuumenits\\01 Co5tf01 General Quality. doc _ =e ww �" "A'ir r £ '�,.� � s =� ,Y��,�„�r, �' ~�:. ::., a �''�` ... : � . ., ., � : x <: > 4 �. x ��.-�, �,�., �•#'3' 'a �' > a � r , � a; `�' :� `x "z � " i �€,:. � � _ :c �4 ,<e '"� 'a "� Via, ,�,s., .x t . t �" � �- 1::. #� r y *a . .'�;; � ;• , a.- � , . , , ,. ,s a. � » .,:. � ,:: . . . . � :-..� :� „. ,•, ".� .� ,� .. . . � �. :-r_ s ...,. = ,.ter : � a :,.x � # . . y. a � ., �. . ::s ,: ..�. . 5 -r : ^�::.~F Y,. �x x �:,;. .. .,t�;s, a, :d•:r¢. „ � >d1;`.,;: . . `tr - x -�`� r .� ,.,.; �; . , 5' - . -r t ,Y �. "c t ? , ..o-. .�,; . .� z+l r " .�, ? - �.ro. ,� ,e z:r � ..,��^ � e ^. k �. .� . r w . :,� . �•�„ r ,, .r ¢ t 5� c - >� 4 * r*.�a �.a z r` '.; a 'z s >. . tt � � . _, , : } • dxitc .a. . y � ��, > x . .,. � � r , . 3 _ . „ � , , � .-; t � r .r . .�s Wit , x Fa 17 ke SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE Ilk Ilk A . Date and Time : Ike 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . Ilk ell ell 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 keel 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 Ilk A . CONTRACTORell B . SUBCONTRACTOR : le When needed for the discussion of a particular agenda item , CONTRACTOR Ilk - shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER ell I ve D . OWNER ' S representative , if required . E . Utility Representatives F . Others as appropriate . 11 ILI G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA ek % le Agenda will include , but will not necessarily be limited to , the following : kk 1 . Transcript of previous meeting . 2 . Progress since last meeting . iIlk 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 . I ell 9 . Coordination between parties . 10 . Safety concerns . eke 11 . Other business . + + END OF SECTION + + I ell, 11 al I Ilk 012201 ProgresF:\Public Works\ENGINEERING DIVISION PROJECTS\0845-Dixie Hwy Sidewalk US 169th (LAP)\Admim\bid docuOmentts\0012220 - Progress P og essnMeeetings doc ke 2 d r s $ '"'• � az+��}' � .�.,�k5 �X ';r� tix �,�; �' `w � `x� �� �-�:¢ � �h � $ <� ;.�," �� x':e A ,. ate^ '" �i _ �` � � � s .. ? , . n::. :. . s* -": 3.d. , X^: ,;,� .,,: s, n • 37 ,� 9 s f , . , . x ,, e -c" r w t .. +M . . %, , .,7 .. .. , ... . : �. .. ,x- . ...,mss >a•. ., y . . m» .✓: � Ve, I ,, , , .s• . . ,, . t 4: z• .>k, . :.' a . _ � . , .« ,�::. ,v;.-,�k< r ,; ,.. : . , . e a'� k C^' +r- ` -+IIL4r'- , . . IV- SECTION 01310 CONSTRUCTION SCHEDULES lie 1 . 1 GENERAL REQUIREMENTS ,I ell el A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on handell. B4ell . Designate an authorized representative who shall be responsible for ell IV development and maintenance of the schedule and of all progress andIV ellie payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the e 11 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 . 41 IV 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . eV 4 . Other identifiable changes . * Ile C . Provide a narrative report as needed to define : _ellil- ; 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 contractorsLee 11. lle 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the Lee initial schedules to the ENGINEER . The ENGINEER will review the schedules ti and return a review copy to the CONTRACTOR within 21 days after receipt . If required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for payment . J lee 01310- 1 01310 Construction Schedule F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk USI 69th ( LAP )Wdmim\bid documents\01310 - , ' Construction Schedule .doc V ees a. . 6le lie" VVeV 61 Vlel le, 5Ve ,. 1 , "% �� s+ q r ,c' :";. 7 �...: -, :, =nX x ,: . „ 'a c '7 ;_"- t= xk+ .- „sr � i, ,z., ~m . %� 1 't n <, � 3, r. :. , "' _�'' ' li'. � �`s x:`� " '� rs, ? r x� ,�s y a �, .' •- .�+ �` $ P A :�. s r:1'xy . -., . ,s . a ? r j ✓ .. `z .�s,F „r,. „>, .d ,„st v x -t t~v -� '�, r s # . :€ , .. .:f"`` . .Y tfr-, . t* ..� , ,, s.. ... ,. , . . , , , : ,v« .. , _ „� .. C? .,�.,_✓� ,,,«. :, ,, ,. . Z> �?^=S . ......_ �--_ ��'�. � .«sr,. .. , . . ..i m . ar '?' .§,,,..r. iY� AN I PE INN,,t. 14 ,. rn, IN` 1 v V,NNVNA� IIII . ' ENVEIAN If A t SWAP IENEV�� Ilk E"INN . EEO p 3 aha .".rte" t ' AN 34 `xv y^,.- L I DI . A o IV PAN � � "�'PI Sr? Z C O }a "'EPA, I YS11 AN AN O Q) co x N rt•+ U O3 0 1:F9% NAIVE AN 'PEN E If NEK 111 70 am III If AN N.LIEN L U wf a O % ., U Q.. O E � Q � CD x " -� , C p W O LO Q Q - _� �_ Q . _ ICA Alk LLJ LLJ O N + x 2 W > r PAN U' ^ Z > Y Cyt y .EPE VJ • � mo I O VAN s F h �"�, 'A n A IN 1, Z L c O U11 NP n ' IN A• W _ Q ., �,r i 2 Q LU N 3 n H N PENN I' Le oz > : WAIrk IN EA � cm NPA j NIA , C6 C6 yLoft I VINE NO A PA E ' WEE LIENNEV, EVIE`ENP PAPA, ' t IIEPP U) � � L O U L _O W U) ANN z LO O L O C + U a h Q- (A C6 V �i U J L cuL c W N s W � . Ocj� W v d x cm c6 C Ucn = C a_' O L W _Z LO Z , MID z Cf) IV NE mc: AN L Off— �MINESZ O _ O Q � Z 3:• FMMMMM + +� O W (B � NM � � � U to z6 'O I, x m �g at Z �� r `3. W L , NI PAN //��N� U 5th + tt VJ Q m U) AN NAM AN A2 .V LAN. 3 w q t r '. a. PAN ZL VAN LLAN U , ELL v N AfIL ?. ONANA NVElf gyp. p,ff�4 P, x NINA ' ` EPA� 4 WE t W 11 PI Al VIE I A. r � y x2W III A r . f .. .aN i. 4t On .. : .� #. a>: w r . .,.. _ . =C5 4:x v .. . . N, l �: t...,....., ry ::., ..::t -:Fs ....: �. x h ✓.� �m > ,: , .. .y„raPv. o-:. ., u x a ,. :. : C .; ¢F , *: ' 2 �” e T . .� ren �"n '?` z. f a.....a v 3 r s„ „ } , In, 11 wx + :;.' ;�, '.; �, . . r . It r k 'p a ,�,.. ..�" �, e - a k }"' '` :, F r: �„ { : y,. 4'a r � �, ' t rx> ? ri ue'2 : T x ,� '� � � a, x+3. -: c" ,� x�-,'r : ' ,rs i � dv t$r, .. 4 k : r, y� a i �. r +�„ e` ,r � � �. I In $ fi 4r a ^ 01340 — Submittal of Shop Drawings 1 . 1 SCOPEIninn - A . Submit shop drawings , product data and samples as required by or In inferred by the Drawings and Specifications . Submittals shall conform to14 , 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 . III In 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 I In 11 I III 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 In 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 . nn I In 1 . 5 CONTRACTOR ' S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . The CONTRACTOR ' s responsibilities for submittal of shop drawingsIn, product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . 01340 - Submittal of Shop Drawings . doc 01340 - 1 F : \ Public Works\ ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bidIn documents\01340 - Submittal of Shop Drawings . doc r � « ts «�#, i'., r h .. t 3 .t,> "' J .� hisi 'i ',� r a Yw 'Y:� !:.- < : # �- ':k a erk ms's x .ay' S f ' y s .s dt 4 *a` S 'S ,P : .,,, x r e , r n {f 'ryr hry3�_ . a* -.:. ; r•✓ k 'WIn y ;p # ---, `` a k zi h `- zz '. ,s," ;` ' " , 1 . d;�., F x x h �, G ,.t . ../+, 4 .'. '� ,g � „ '; 1 . ''yviYt''L,".: [ v.. �'�^::`3ti` .i. 4 F ;., ..-; ' h aIII �' i n..,=:�° 3 xie; Ns' ii. eg a'Js - r r:- 7s ?s , _ , : ,., r, : ,�, :� rrrrrrrrrrrw, , . �.F:. , r . ., ,, ,#.-- . " .�s?.baa.�s.:; .:. i_„a:., 4. �., .. f, ea ,» . _a.� _ � . � . , :zrz ,� ..,. , ., .r . ar . >b ,, . ..., r � ,_ . , §< f rw:e £ -; 4 t F ,.7 t t" ,., x ' .e.` `1 - . 'a ,� ; : .r ., . 0 r,,Z ,.. . ... ,Wfr, .. . , _ ..,. ,� ? , :.,,,, a ,4 'S _ i s a . : j }3 :,r.,r ,kI 11 _ kx, . ;W. ' . . Y`e., ..r ,� ,, . 'h x z 'v � :. a 'a p. .:.:. { �. ... . i k . . :M *,, zs, r " . 3. `� a 'u'�. .: v .a #i , aF a } xAVHOIF"t, VC ItVVI I ax 4 a ,wr^ .z,.es` `. "§� - "s• ",�F .`'';t C :.. a a i- . x4 [* ^ yh` * _�, 'k ! '". ya +'-Y b ,i t f '' i' f ` tl� " y E1 ks„' ' 'n�,*�' # §'k'G.,i+ VI V a .�...: s 3 . 5 01340 — Submittal of Shop Drawings It 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 Vm 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' 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 Vo that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract DocumentsIV. 2 . Incomplete or inadequate submittals will be returned for revision without review . C . The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER ' s review of submittals . The CONTRACTOR shall approve the shop drawings based on his in -the-field measurements , prior to submittal to the ENGINEER for his review . D . Notify the ENGINEER , in writing at the time of submission , of deviations in IV 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 theIV ENGINEER' s review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER' s stamp and initials or signature indicating the submittal has been reviewed . 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER ' S REVIEW FOR SHOPVtVIIIv DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Engineering Division 1801 27th StreetIV Vero Beach , FL 32960 01340 - Submittal of Shop Drawings . doc 01340 -2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845- Old Dixie Hwy Sidewalk US1 _69th ( LAP )Wdmim\bid documents\01340 - Submittal of Shop Drawings . doc It —t trr a` ,? t % ? r a;x '}i .. ti. . s` i'y ' a-z ,. =P iw :t: '* es, S. . ,:, u.�` ". � .<:•. ,<.e T t x t ; t`�. �?. x . . • , :�,. rh r x zsy` t f s. °" ", S% ;':•' _ `> * a e e � 'x ". F z. ? x .� t .ra. , `<' {.,.•�` � .. 3 ,ice z ,�,. ,� xa,: } „ r ri GLI r. , �, r" ;s x" . eax"'x , . . , s '�3.. . �` 4 , � .. n .b. . g . ,n , . , i . yeti .,.�, ,,: w.. .,Y. €k, a ,t .a.. . 7777RW7 .7� - x + . . y ,� `� *; .� .axe z �- . ,.,' . L r`•`-. a :s, �r, �. > ,Y �.. ;.;., . :; : Er 'e �� 5 � :� 01340 — Submittal of Shop Drawings Be A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER' S Name 2 . Project Name 3 . Project 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01340 - Submittal of Shop Drawings . doc It ., a ".zz z r FIt f - 2x § {• i - f ^xY Y` A t •zx "`'"z t a e .a x �. b . _ , ..-x ,. a �;z . .3,a :. .� .._ . . r sI, „ o ��' ;n:`: _"� . . f � a,;_ a' f -� z '� u,, . p _ r s a s t •3k. ..oi * 1xa � ; `L rt"7`:�- f , ..,. ,,> ,S x.;� ?:., t y t° z .: i ti .v. . .,.r. � ,�'L ..3' i F , . . .^ t� ek. W � : ., I�� �' a r-y : `� ,y k '# #'r kill ' ` 3' :. '` s�, <, a ' s 4° kk� n a r wmoi`: a £ ,p �} > r 11 ., it { ,s x ,; 5 . kf�' rR s aj,. t a S y s ,, ;> +� ilkLk it kill 11 11 1 a, i, Ill kill ,�, §r. a ,el 100000 kill SwIt 01340 — Submittal of Shop Drawings Ilk CONTRACTOR SUBMITTALS it SUBMITTAL NO . Contractor : title Date Sent to County No . Copies Sent to Countykill ❑ Original Submittal ❑ Re- Submittal ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description : Sub- Contractor : Ilk - Remarks : It Ilk lie * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Reviewing Agency : (As checked below ) Date Received Date Returned No . Copies Ret ' d ❑ 1 R C Engineering Div . ❑ I R C Utilities Services Pei ek Remarks : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ell IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27t" Street No . Copies Ret' d Vero Beach , FI . 32960 Remarks : tell Ilk Distribution of Copies : IRC Engineering Division Office Fileer I Ike el Field Office File 01340 - Submittal of Shop Drawings . doc 01340-4 F :\Public Works\ ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\ bid documents\01340 - Submittal of Shop Drawings . doc kill S ` p : £a�. xic-s 5€° ' w { ` kk-kit ,, sItAtIA X: ,# �".; .L 3 " '� 4 c� iLr' l 4 C '� -. z�; rsr"" z, yz a^ a r N. ' ' a ,Ike ` _; ''g"V 'r ° k' :`" t r ^'� f= ? "i W R3R's* AFiIP t F d F =Y t : '� S G E 1 ,E ' `r, L. :"` .ra't '4 z �'`�r ' a i ' ,. a +. lit &' m , ,�, y a z'4 r . g .s n Yq a z „ ,- aye & , .+ 111 41 1 1 t t y ;. e 3 . " 'Fv ,e. kit. a" aIle $ . , . ..�� „.a . . z . `�... 6, ,. . ,. x w. , , .. , . . . .,. . , -y; ,� .+3rs„ � w a kkk� y mC aa. x ... . . .... a. . ...« , "' . . xl"r . . > . t..�=a. . _. ",:�".Y ...4-nom, d Ike I F t . , .u . s . ,, . � a ` ;i ' 1 k rte r' � X . IN 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 IN Ir 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 IN k IN IN 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 /21111, 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 . IN H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations : 1 . Approved 2 . Approved as Corrected IN 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 . IN 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 NN N 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 . " IN L . If a submittal is unacceptable , three ( 3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . " Revise and Resubmit" 2 . " Not Approved " M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . 01340 - Submittal of Shop Drawings . doc 01340-5 IN FAPublic Works\ ENGINEERING DIVISION PROJECTS\0845- Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\ bid documents\01340 - Submittal of Shop Drawings . doc I AN sIN NINN 74 NN JQ INN - a ' 3{g ,4{ "t'✓tr` -t x i;r. a~ti "4 Y- ,a � , i "�IN, r 4`nk + s f % - ; _ �` .t s ^e : .• 5 ^'s ' . v :.. "' - . , .At. :,w ; � " n « a ' 4 sa � . 4E- x , IN IN r Py �J. a ^� + ' " .#* 'd- m.. ., j ., a ' f p „ �. E bbl : _ +� , �w.. ..� - , . 4 ., F� , .� . - 1 11 z +' h, ^I' I Ys 4 a , R 3, r 2 '�` tom„ s,. . r�i�,u ° .. . .. „ a,a 01340 — Submittal of Shop Drawings N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is Ir 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 :\ Public Works\ ENGINEERING DIVISION PROJECTS\0845- Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01340 - Submittal of Shop Drawings . doc . . _ .- .. , . . - . , ,.. , . ... . _, . _ , . ,Ke , I,. . le -Ilt IRW - s .; y �, f k . '� '� r 71 v el ,� . '* �`, ," . a `�i., IV.. 1 1 It Verrrr vv SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS YA 1 . 1 SCOPE me IV- 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 . VVIe 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 andI, ell 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 ofIL 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 IV 11% F : \Public Works\ENGINEERING DIVISION PROJECTS\0845 - Dixie Hwy Sidewalk US1 _69th ( LAP )Wdmim \bid documents\01520 - Construction Facilities . doc It v3 ` a. ^srV M - " x . :ter "'VK u -� xr 'q; r le x x,- , M- . ,.:r z.. . ax m. . ''' i , S, '? , `} , . . xeg+n , r . 3" . ." a`y'i ..` a•�i .t .a 3' ' "' .tr ,- .., _ . . .. �_ ,.5 ..'` ` , .a. , . ., u . . �+ ,. �. . t _ , , .1. .. .. , re , ... . . a. n`� '_ .. eee �. <.. , s as ...; . .. rev' 4 ��' ,�.,rX��. t �"' �-� �h. sit �"�" e a •^� y 3 , t �� c '�,�'� , " k.„, SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Be TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather, spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + 01520-2 F : \Public Works\ ENGINEERING DIVISION PROJECTS\0845 - Dixie Hwy Sidewalk US1 _69th ( LAP )Wdmim \bid documents\01520 - Construction Facilities . doc �k fit s ^' 77 7 ,' ''fi •4 '3Y ' r} h x „ > ._ fInM�i IN 1% if Nil 11 1 t rr ,'x i , ' "t ' ' y rc ,nU sI If ` ' ". , k:. szzi"" ,r` s NNIINN t 41 11 41 ft, `}•• .3 Ill INN ,' 'A x -;h € S^"., . ,.�.. „ ,. s - m - ,-: 'ri �, „sem ti ✓ IkM Of AN I 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 . IN II 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 itsIN 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 sufficientIN barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work . CONTRACTORS } responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 01541 - 1 IN F : \Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid IN documents\01541 - Protection of Property . doc IN IN , s > ^ NNr , ., `� 5 s IN 4 IN IN if IN IN . ,. t ` 4xti IN VIJ31 It ,N NNA Nit IN 3 r 4' *7 s ^w n t r sif � .` ',5._. k' 5'= ":� .. x �, .�- . , s� . _ . . <-�. . . . - t . ..� _ .. ,, ., ., . . . . " . _ ,..� - .t . h . >x 5s: ..« ':�.. ,.� a z,�:... . . . : . . . .. 777777 > A'7 I Ll le I x ' ,'" a ' + +, •`'.,. '' ,.," °. . �.., ,' tura - - .s� ' ;fi' `' "� ° y, ' eq— :. �� •�' .�'� - r ,.a�.Y. '.-��"�u�s`�;".`.�"` , ,x. r..g,'.�+ k"k�" '''�n5� �'"5.; �,9,�'`.�'" �. ,;��vi- �`'',? „ !"q���,`r"��� h �j" ff � a � `x " �` �k ��-. z SECTION 01541 Ie PROTECTION OF THE WORK AND PROPERTYIT 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 orIle skinning of trunk , branches , bark or roots . B . Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run -off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality . I . Coordinate Work in this Section with requirements of other sections herein . 1 . 4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two ( 2 ) days . Irrigation systems partially within the right-of-way of Old Dixie Highway and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality . The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way . 01541 -2Ile FAPublic Works\ ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP)Wdmim\bid documents\01541 - Protection of Property . doc r 316x ly , Ile . , 4IN 2 e 4IN V LIIIIAItI. eg a I ^ ` FIN `: A,Nyip y t _NmtIN,NI " " IN IIN INN NmI 1k I ' '",r{` f ' 3.?A " '" X t *^ } '`sy �"� �'tiTY"�.� 'tp14 + 3 3}` p `r SECTION 01541 PROTECTION OF THE WORK AND PROPERTY IN 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer, water, gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - IN cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water, sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR ' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR ' s failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR ' s operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility , contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . 17 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 IN I I IN resumed . Before disconnecting and pipes or cables , the CONTRACTORall shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner . 01541 -3 FAPublic Works\ ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01541 - Protection of Property . doc III I IN nI IN 0 IN NII IN m INN' , ». {.,.. . �:.z .,. ,� .�, s i . . , r Y F- xrx' ``Gr ' e. 4 , ' i `"� '. iG$ � k' v'" "9v z • . .4.' �i�iP" , , r3 . .nvAr,F+�.� ` AF"1Yi"'r 6.jy*4 '"'rf. t Z , ....1 "3 a ,.c. y„ ,y Ali SECTION 01541 Al PROTECTION OF THE WORK AND PROPERTY 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , restore it to original condition at CONTRACTOR ' s expense . VIA 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . IS 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract 11 A 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 facile 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 . A ill, D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR ' S expense . 01541 -4 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01541 - Protection of Property . doc ,A VAN Ad AmA - A - # ` 'AN A , ' ' 11 A ASIA t SAS VV� A AS a ��� ,^,r'z^•a � F� +�,". xf'�' ` S, c�"�Y2� .�i u#s ' W:,, .4 '�� + . ,,. z, ' :a, `# , � „ . ' `b, � ^. - ' ` y;;,, SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may e encountered , whether or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer . This information is not guaranteed , however , and it shall be this CONTRACTOR ' S responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . B . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + rk 01541 - 5 F :\PublicWorks\ ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01541 - Protection of Property . doc 9 ' t w y a t 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 eve temporary roads and parking areas so they are fully usable in all weather conditions . Be Prevent interference with traffic and the OWNER' s operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR' s operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . 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 UiFc 01550- 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0845-Old Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01550 - Access Roads . doc t f Y S . i 3 3 � E IV I IV 41 Iv SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER ' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . 01610 - 1 F : \Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01610 - Transportation and Handling of Materials and Equipment . doc VVa < ' ,: Iy t ler 'elle ell 4 k I "le Pee 41 rks '`• 3' 3^' y •^., - .. r ,, .A I ``'*" x * ; . �.., s r _ fi�.. `.✓ ' ova , .............. Ix I 0e,,^ ,...s„ . , le a SECTION 01610 el ell 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 reviewedell submittals . 2 . Quantities are correct . ell 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 . Co 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 e ell FAPublic Works\ ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )Wdmim\bid documents\01610 - Transportation and Handling of Materials and Equipment . doc ell lee ell< le ell e eL ell ell e ell L he .. . : 'b '. V + _ ., ,. v . _ i. . rye ` xrr 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 . tr 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 manufacturer' s 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845-Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01611 Storage of Materials .doc 77,x fill tt < __,. k , cl ell I Tf. t sss. a7gs a 'b, ' � . " ' t ' "z5.+ " .n`�r . . ' y vti h , ell Ile . , .. moi . .. SECTION 01630 SUBSTITUTIONS IL 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 . 'Ile I 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 noIle substitution will be allowed . le I E . Where more than one choice is available as a CONTRACTOR ' s option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 7 of General Condi - tions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer' s name and address . b . Manufacturer' s literature with product description , performance and test data , and reference standards . 01630 - 1 01630 Substitutions FAPublic Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 69th ( LAP )\Admim\bid documents\01630 - Substitutions . doc Ilee ell NIM aaS , r �. , � , t . . ell y - If If I If 1v If le , .y. ;= s ,..., ,. '•� :. _ r u,.. s, ..e - ah �. :. .. r =:x"` n, fr If If Lf I c . Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 1 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\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim\bid documents\01630 - Substitutions .doc 7777 777777 If IfIf IN I Ns I N1 11 s a sk,fix r Fp �^ ` a. r' 1 11 1 1 . .,4 a' '.� r �..,, - , �, a a,..,„ - a ee6el ,� ,. k - IN I IN IT NL I Nl j NIT IN 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 Is 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 IN are used and are less costly than the originally specified material or equipment , than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment . + + END OF SECTION + + 01630 -3 01630 Substitutions F :\Public Works\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 69th ( LAP )\Admim\bid documents\01630 - Substitutions . doc IN IN' Alf NellIl W7"-:7�WII!1111111111111111" MMIN yIN e I NJ IN I IN NN ?NT IN S Y r 4 . .. ar i , _ r... . t r , x .. . .. u I x r .' ice _ . . . Iel § , m I Ir Ile- � .FJ '.,,.��, �* .,,.„ *, "9"'s+" ... , . h';, .au' Jz a`u +°; z�`c ^.;.ti ." In In `� � ' ..kIIy�z.,,k a'` r ; ;; . '� ,�z l s �;' Ppyt'�i -5 i` �5neeen SECTION 01710 eL 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 : MFl 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 . In 01710 Site Cleanup 01710 - 1 FAPublic Works\ ENGINEERING DIVISION PROJECTS\0845 - Dixie Hwy Sidewalk US1 _69th ( LAP )\Admim \bid documents\01710 - Site Cleanup . doc In 11 - 1 11 11 r 1P KK If 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 -2 01710 Site Cleanup F : \ Public Works\ ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 69th ( LAP )\Admim \ bid documents\01710 - Site Cleanup . doc inI :Af in nin .« . W r � . ��., s;. . .... , . , _ . , ,. ., .� S _. . a 5 �. _ . . IV sto I .; IV I VI I tV it j IV& ' EIV r.,€ Y y 3 01 r > IV 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 , it 01820 - Post Final Inspection . doc 01820 - 1 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0845- Dixie Hwy Sidewalk US1 69th ( LAP )\Admim\bid documents\01820 - Post Final Inspection . doc IVIV -I I VI 1 le APPENDIX ` A ' ev FEDERAL REQUIRED CONTRACT PROVISIONS Iv Appendix A-Federal Required Contract Provisions F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\APPENDIX A - FEDERAL REQUIRED CONTRACT PROVISIONS . doc � , 10 "Ir OY7 15 L IT. IT TI TI IT � x + . 'x ..,, ; a'Y,s, ; '. a"4r ;a n x' wx ., . s # : r a ;. IT 4 x �c � t Federal Required Contract Provisions Federal Highway Administration Funds for this project are derived from federal grants and therefore the successful contractor must comply with federal guidelines . The federal funds appropriated by the Department of Transportation ( DOT) , Federal Highway Administration ( FHWA) will be administered through the Florida Department of Transportation ( FDOT or SHA (state highway authority ) ) . In the event of a conflict between the Federal Requirements listed in this section and other provisions of the Invitation to Bid , the Federal Requirements will govern and prevail . 1 . GENERAL ( 1 ) These contract provisions shall apply to all work performed on the contract by the contractor' s own organization and with the assistance of workers under the contractor' s immediate superintendence and to all work performed on the contract by piecework , station work , or by subcontract . (2 ) Except as otherwise provided for in each section , the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions , and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made . The Required Contract Provisions shall not be incorporated by reference in any case . The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions . ( 3 ) A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract . (4 ) A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5 . 12 : Section I , paragraph 2 ( General ) Section 8 , paragraphs 1 , 2 , 31 4 , and 7 , ( Payment of Predetermined Minimum Wage ) Section 9 , paragraphs 1 and 2a through 2g . ( Statements and Payroll ) ( 5 ) Disputes arising out of the labor standards provisions of Section IV ( except paragraph 5 ) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract . Such disputes shall be resolved in accordance with the procedures of the U . S . Department of Labor ( DOL ) as set forth in 29 CFR 5 , 6 , and 7 . Disputes within the meaning of this clause include disputes between the contractor ( or any of its subcontractors) and the contracting agency , the DOL , or the contractor' s employees or their representatives . 2 . PREQUALIFICATION , N/A, Project is not located on a State Highway System , 3 , CONTRACT AWARD The contract will be awarded on the basis of the lowest responsive bid submitted by a bidder meeting the requirements of the Invitation to Bid . 4 , SELECTION OF LABOR During the performance of this contract, the contractor shall not : 1 3!25!2010 9:55:46 AM TI 77777 , IT r 171' IMIRM�i�l If if, if Ililk' iifi 114 h # f- ` " i �< 5s °." k fi, e If"4 "? , t `` *' st.; tawa�r'er,`.+, x �' 'M- +; w y .,:� vA If a . discriminate against labor from any other State , possession , or territory of the United States or b . employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole , supervised release , or probation . 5 . NON -DISCRIMINATION ( 1 ) Contractor Representations . During the performance of the contract , the contractor agrees as follows : (a ) The contractor will not discriminate against any employee or applicant for employment because of race , color, religion , sex or national origin . The contractor will take affirmative action to ensure that applicants are employed , and that employees are treated during employment without regard to their race , color, religion , sex or national origin . Such action shall include , bur not be limited to the following : employment , upgrading demotion or transfer; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other form of compensation , and selection for training , including apprenticeship . The contractor agrees to post in conspicuous places , available to employees and applicants for employment, notice setting forth the provisions of this non -discrimination clause . ( b ) The contractor will , in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race , color, religion , sex or national origin . ( c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding , a notice advising the labor union or workers ' representative of the contractor' s commitments under Section 202 of Executive Order 11246 of September 24 , 1965 , and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ( d ) The contractor will comply with all provisions of Executive Order No . 11246 of September 24 , 1965 , and of the rules , regulations and relevant orders of the Secretary of Labor. ( e) The contractor will furnish all information and reports required by Executive Order No . 11246 of September 24 , 1965 , and by the rules , regulations and orders of the Secretary of Labor, or pursuant thereto , and will permit access to his books , records , and accounts by the contracting agency and the Secretary of Labor of purposed of investigation to ascertain compliance with such rules , regulations and orders . (f) In the event of the contractor' s noncompliance with the nondiscrimination clauses of this contract or with any of such rules , regulations or orders , this contract may be cancelled , terminated or suspended in whole or in party and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No . 11246 of September 24 , 1965 , and other sanctions may be imposed and remedies invoked as provided in Executive Order No . 11246 of September 24 , 19651 or by rule , regulation or order of the Secretary of Labor, or as otherwise provided by law . E (g ) The contractor will include the provisions of sub-paragraphs (a ) through (f) in every subcontract of purchase order unless exempted by rules , regulations or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order No . 11246 of September 24 , 1965 , so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance : provided , however, that in the event 2 3125/2010 9:55:46 AM ; Iq 17 t ell . ems , rF _ w" .. ,, r , , „tom nVr F, a „ ^mss w , r Fee Fee the contractor becomes involved in , or is threatened with , litigation with a subcontractor or vendor as a result of such direction , the contractor may requires the Untied States to enter into such litigation to protect the interests of the United States . ( h ) The contractor shall keep such records as are necessary to determine compliance with the equal employment opportunity obligations . All such records must be maintained for a period of three ( 3 ) years following completion of the contract work and be available at reasonable times and places for inspection by representatives of the County , MOT and FHWA. (2 ) Equal Employment Opportunity : Equal employment opportunity ( EEO ) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws , executive orders , rules , regulations (28 CFR 35 , 29 CFR 1630 and 41 CFR 60 ) and orders of the Secretary of Labor as modified by the provisions prescribed herein , and imposed pursuant to 23 U . S . C . 140 shall constitute the EEO and specific affirmative action standards for the contractor' s project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4 . 3 and the provisions of the American Disabilities Act of 1990 (42 U . S . C . 12101 et seg. ) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract , the contractor agrees to comply with the following minimum specific requirement activities of EEO : a . The contractor will work with the County , FDOT and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b . The contractor will accept as his operating policy the following statement: " It is the policy of this Company to assure that applicants are employed , and that employees are treated during employment, without regard to their race , religion , sex , color, national origin , age or disability . Such action shall include : employment, upgrading , demotion , or transfer; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation ; and selection for training , including apprenticeship , preapprenticeship , and/or on-the-job training . ” ( 3) EEO Officer: The contractor will designate and make known to the County and FDOT an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so . (4 ) Dissemination of Policy : All members of the contractor's staff who are authorized to hire , supervise , promote , and discharge employees , or who recommend such action , or who are substantially involved in such action , will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment . To ensure that the above agreement will be met , the following actions will be taken as a minimum : a . Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months , at which time the contractor's EEO policy and its implementation will be reviewed and explained . The meetings will be conducted by the EEO Officer. b . All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor' s EEO obligations within thirty days following their reporting for duty with the contractor. 3 3125/2010 9:55:46 AM PI I In ln In In. '' -,'"x. v Sell N fa =,^ .fix ":, h- , 5, ; In C , All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees . d . Notices and posters setting forth the contractor's EEO policy will be placed in nI areas readily accessible to employees , applicants for employment and potential employees . e . The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings , employee handbooks , or other appropriate means . ( 5 ) Recruitment : When advertising for employees , the contractor will include in all advertisements for employees the notation : "An Equal Opportunity Employer. " All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived . a . The contractor will , unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants . To meet this requirement, the contractor will identify sources of potential minority group employees , and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration . b . In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals , he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions . (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women , or obligates the contractor to do the same , such implementation violates Executive Order 11246 , as amended . ) C , The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees . (6 ) Personnel Actions : Wages , working conditions , and employee benefits shall be established and administered , and personnel actions of every type , including hiring , upgrading , promotion , transfer, demotion , layoff, and termination , shall be taken without regard to race , color, religion , sex , national origin , age or disability . The following procedures shall be followed : a . The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel . b . The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices . C , The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination . Where evidence is found , the contractor will promptly take corrective action . If the review indicates that the discrimination may extend beyond the actions reviewed , such corrective action shall include all affected persons . 4 3/25(2010 9:55:46 AM I led, led N I Nd r1 1 4 F 1 0.,� ,- IFt" t ,s j »"M r Pmt,= c t = +fix . I s 15 1IF IN I k kkk IN I IN d . The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract , will attempt to resolve such complaints , and will take appropriate corrective action within a reasonable time . If the investigation indicates that the discrimination may affect persons other than the complainant , such corrective action shall include such other persons . Upon completion of each investigation , the contractor will inform every complainant of all of his avenues of appeal . ( 7 ) Training and Promotion : a . The contractor will assist in locating , qualifying , and increasing the skills of minority group and women employees , and applicants for employment. b . Consistent with the contractor' s work force requirements and as permissible under Federal and State regulations , the contractor shall make full use of training programs , i . e . , apprenticeship , and on -the job training programs for the geographical area of contract performance . Where feasible , 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training . In the event a special provision for training is provided IN under this contract , this subparagraph will be superseded as indicated in the special provision . C , The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each . d . The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion . ( 8 ) Unions : If the contractor relies in whole or in part upon unions as a source of employees , the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions , and to effect referrals by such unions of minority and female employees . Actions by the contractor either directly or through a contractor' s association acting as agent will include the procedures set forth below: a . The contractor will use best efforts to develop , in cooperation with the unions , joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b . The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race , color, religion , sex , national origin , age or disability . C , The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information . d . In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining 5 325/2010 9:55:46 AM 71 Fell 7 7,777RPrF7T IV rq I IN IN I IN I eNee; IN me I led I'd __ 1< A IN Jill ' Vic:,= agreement, the contractor will , through independent recruitment efforts , fill the employment vacancies without regard to race , color, religion , sex, national origin , age IV I or disability; making full efforts to obtain qualified and/or qualified minority group persons and women . (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees . ) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246 , as amended , and these special provisions , such contractor shall immediately notify the SHA . ( 9 ) Selection of Subcontractors Procurement of Materials and Leasing of E ui menta The contractor shall not discriminate on the grounds of race , color, religion , sex , national origin , age or disability in the selection and retention of subcontractors , including procurement of materials and leases of equipment. a . The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b . Disadvantaged business enterprises ( DBE ) , as defined in 49 CFR 23 , shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract . The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female Jill representation among their employees . Contractors shall obtain lists of DBE construction firms from FDOT. C . The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations . ( 10 ) Records and Reports : The contractor shall keep such records as necessary to document compliance with the EEO requirements . Such records shall be retained for a period of five years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the County , FDOT and/or the FHWA. a . The records kept by the contractor shall document the following : 1 . The number of minority and non - minority group members and women employed in each work classification on the project; 2 . The progress and efforts being made in cooperation with unions , when applicable , to increase employment opportunities for minorities and women ; 3 . The progress and efforts being made in locating , hiring , training , qualifying , and upgrading minority and female employees ; and 4 . The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees . b . The contractor will submit an annual report to FDOT each July for the duration of the project, indicating the number of minority , women , and non - minority group employees currently engaged in each work classification required by the contract work . This information is to be reported on Form FHWA- 1391 . If on -the-job training is being required by special provision , IV the contractor will be required to collect and report training data . 6 3/25/2010 9:55:46 AM w Z«1_ 6 . CIVIL RIGHTS The following requirements will apply to the awarded contract and any sub-contracts : ( 1 ) .Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967 , as amended , 29 U . S . C . §623 , the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age . In addition , the Contractor agrees to comply with any implementing requirements FHWA may issue . (2 ) Disabilities . In accordance with section 102 of the Americans with Disabilities Act , as amended , 42 U . S . C . § 12112 , the Contractor agrees that it will comply with the requirements of U . S . Equal Employment Opportunity Commission , " Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, " 29 C . F . R . Part 1630 , pertaining to employment of persons with disabilities . In addition , the Contractor agrees to comply with any implementing requirements FTA may issue . ( 3 ) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance . 7 . NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $ 10 , 000 or more . ) a . By submission of this bid , the execution of the contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate , the bidder, Federakaid construction contractor, subcontractor, material supplier, or vendor, as appropriate , certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments , and that the firm does not permit its employees to perform their services at any location , under its control , where segregated facilities are maintained . The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability . b . As used in this certification , the term "segregated facilities" means any waiting rooms , work areas , restrooms and washrooms , restaurants and other eating areas , timeclocks , locker rooms , and other storage or dressing areas , parking lots , drinking fountains , recreation or entertainment areas , transportation , and housing facilities provided for employees which are segregated by explicit directive , or are , in fact, segregated on the basis of race , color, religion , national origin , age or disability , because of habit , local custom , or otherwise . The only exception will be for the disabled when the demands for accessibility override (e . g . disabled parking ) . C , The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $ 10 , 000 or more and that it will retain such certifications in its files . 8 . PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2 , 000 and to all related subcontracts , except for projects located on roadways classified as local roads or rural minor collectors , which are exempt. ) 7 3/25!2010 9:55:46 AM „ r : .�, ill, 15 1 11 d ( 1 ) General a . All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3 ) issued by the Secretary of Labor under the Copeland Act (40 U . S . C . 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor ( hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics . The wage determination ( including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH - 1321 ) or Form FHWX1495 ) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers . For the purpose of this Section , contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 ( b) (2 ) of the Davis- Bacon Act (40 U . S . C . 276a ) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics , subject to the provisions of Section IV, paragraph 3b , hereof. Also , for the purpose of this Section , regular contributions made or costs incurred for more than a weekly period ( but not less often than quarterly) under plans , funds , or programs , which cover the particular weekly period , are deemed to be constructively made or incurred during such weekly period . Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed , without regard to skill , except as provided in paragraphs 4 and 5 of this Section IV. b . Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein , provided , that the employer' s payroll records accurately set forth the time spent in each classification in which work is performed . C . All rulings and interpretations of the Davis- Bacon Act and related acts contained in 29 CFR 1 , 3 , and 5 are herein incorporated by reference in this contract . (2 ) Classification a . The County and/or FDOT shall require that any class of laborers or mechanics employed under the contract , which is not listed in the wage determination , shall be classified in conformance with the wage determination . b . The County and/or FDOT shall approve an additional classification , wage rate and fringe benefits only when the following criteria have been met : 1 , the work to be performed by the additional classification requested is not performed by a classification in the wage determination ; 2 , the additional classification is utilized in the area by the construction industry ; 3 , the proposed wage rate , including any bona fide fringe benefits , bears a reasonable relationship to the wage rates contained in the wage determination ; and 8 3/25/2010 9:55:46 AM .rte > a4 IL Ilk I. h ,r =t>' ' rAA 41 with respect to helpers , when such a classification prevails in the area in which the work is performed . c . If the contractor or subcontractors , as appropriate , the laborers and mechanics ( if known ) to be employed in the additional classification or their representatives , and the contracting officer agree on the classification and wage rate ( including the amount designated for fringe benefits where appropriate ) , a report of the action taken shall be sent by the contracting officer to the DOL , Administrator of the Wage and Hour Division , Employment Standards Administration , Washington , D . C . 20210 , The Wage and Hour Administrator , or an authorized representative , will approve , modify , or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary . d . In the event the contractor or subcontractors , as appropriate , the laborers or mechanics to be employed in the additional classification or their representatives , and the contracting officer do not agree on the proposed classification and wage rate ( including the amount designated for fringe benefits , where appropriate ) , the contracting officer shall refer the questions , including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination . Said Administrator , or an authorized representative , will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary e . The wage rate ( including fringe benefits where appropriate ) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification . f. " The U . S . Department of Labor Wage Rates applicable to this contract are listed in lt Wage Rate Decision Number FL317 , as modified up through ten days prior to the bid opening . The Wage Tables are included in this document . Review the Wage Tables for lZ all classifications necessary to complete the project . If needed , request additional classifications needed prior to bid opening . General guidance on the use of Wage Tables is available on the FDOT website at www . dot . state . fl - us/construction /wage . htm , The FDOT Wage Rate Coordinator may be contacted at 850414-4251 . (3 ) Payment of Fringe Benefits : a . Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate , the contractor or subcontractors , as appropriate , shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b . If the contractor or subcontractor, as appropriate , does not make payments to a trustee or other third person , he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program , provided , that the Secretary of Labor has found , upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met . The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . (4 ) Apprentices and Trainees ( Programs of the U . S . DOL) and Helpers : 9 4/14/2011 10:43:32 AM 77 77 rk zx rkk77777 J 33""J a - ` y I NI . IN IIN . IF NN y 4 T _ t41 T i .;os i . a . Apprentices : 1 . Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL , Employment and Training Administration , Bureau of Apprenticeship and Training , or with a State apprenticeship agency recognized by the Bureau , or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program , who is not individually registered in the program , but who has been certified by the Bureau of Apprenticeship and IN Training or a State apprenticeship agency (where appropriate ) to be eligible for probationary employment as an apprentice . 2 . The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program . Any IN employee listed on a payroll at an apprentice wage rate , who is not registered or otherwise employed as stated above , shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed . In addition , any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered , the ratios and wage rates ( expressed in percentages of the journeyman -level hourly rate ) specified in the contractor's or subcontractor' s registered program shall be observed . LI 3 . Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice' s level of progress , expressed as a percentage of the journeyman - level hourly rate specified in the applicable wage determination . Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program . If the apprenticeship program does not specify fringe benefits , apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification . If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification , fringes shall be paid in accordance with that determination . 4 . In the event the Bureau of Apprenticeship and Training , or a State apprenticeship agency recognized by the Bureau , withdraws approval of an apprenticeship program , the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved . b . Trainees : 1 . Except as provided in 29 CFR 5 . 16 , trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval , evidenced by formal certification by the DOL , Employment and Training Administration , 2 . The ratio of trainees to journeyman - level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training 10 325/2010 9:55:46 AM +. F x.. rIN , IN �NLNI NIt AN I IN I I IN It I NIF NN � ¢ IN IN IN % NJ, INN . . . _ , i� , Ole- f S Yk n'"a r � ,k ` x xs'S�r`- 1 <r �,ed" el ,,' } .. .y ,""`.. Y .R.: F. .� Sr ., -w xs . ,,, ytlI Ie Ile * sIt et Administration . Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . In addition , any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . 3 . Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress , expressed as a percentage of the Journeyman - level hourly rate specified in the applicable wage determination . Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program . If the trainee program does not mention fringe benefits , trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman - level wage rate on the wage determination which provides for less than full fringe benefits for apprentices , in which case such trainees shall receive the same fringe benefits as apprentices . 4 . In the event the Employment and Training Administration withdraws approval of a training program , the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved . C , Helpers : Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV . 2 . Any worker listed on a payroll at a helper wage rate , who is not a helper under an approved definition , shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . ( 5 ) Apprentices and Trainees ( Programs of the U . S . DOT) : Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section . The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs . The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program . (6 ) Withholding : The County shall upon its own action or upon written request of FDOT or an authorized representative of the DOL , withhold , or cause to be withheld , from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis- Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics , including apprentices , trainees , and helpers , employed by the contractor or any subcontractor the full amount of wages required by the contract . In the event of 11 3/25/2010 9:55:46 AM 7 Pte let s . le It tl "Vey 'Ive s i F y r Ly 15 failure to pay any laborer or mechanic , including any apprentice , trainee , or helper, employed or working on the site of the work , all or part of the wages required by the contract, FDOT may , after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance , or guarantee of funds until such violations have ceased . ( 7 ) Overtime Requirements : No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers , mechanics , watchmen , or guards ( including apprentices , trainees , and helpers described in paragraphs 4 and 5 above ) shall require or permit any laborer, mechanic , watchman , or guard in any workweek in which he/she is employed on such work , to work in excess of 40 hours in such workweek unless such laborer, mechanic , watchman , or guard receives compensation at a rate not less than one-and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek . ( 8 ) Violation : Liability for Unpaid Wages ; Liquidated Damages : In the event of any violation of the clause set forth in paragraph 7 above , the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages . In addition , such contractor and subcontractor shall be liable to the United States ( in the case of work done under contract for the District of Columbia or a territory , to such District or to such territory ) for liquidated damages . Such liquidated damages shall be computed with respect to each individual laborer , mechanic , watchman , or guard employed in violation of the clause set forth in paragraph 7 , in the sum of $ 10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7 . ( 9 ) Withholding for Unpaid Wages and Liquidated Damages : The County or FDOT shall upon its own action or upon written request of any authorized representative of the DOL withhold , or cause to be withheld , from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above . 9 . STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2 , 000 and to all related subcontracts , except for projects located on roadways classified as local roads or rural collectors , which are exempt . ) ( 1 ) Compliance with Copeland Regulations ( 29 CFR 3 ) : The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference . 12 3/2512010 9: 55:46 AM a r IN 11 1 10 3, n , -� , x ..�. '` ' -€t' ; . �5 ,� ' "` h 5 7 ,& ... .� a r .� .f. 3; _ ' " „ .a sm� is a '` 3s: ax , , , ,d `.V^'. w7`.�,' r�',�_` ' v " s` `�npa - k. °` ,tis e-. n "i �., �. , P ,+"�Yd .,; 4� k. .P�4x"ia� a , :A , „�.;.� ,. .. . , . +. 1 . ; . . E . ., �-, _ . IN rrra :.. � .n. .. . . . „ = - ( 2 ) Payrolls and Payroll Records : a . Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers , mechanics , apprentices , trainees , watchmen , helpers , and guards working at the site of the work . b . The payroll records shall contain the name , social security number, and address of each such employee ; his or her correct classification ; hourly rates of wages paid ( including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 ( b ) (2 ) ( B ) of Ile the Davis Bacon Act) ; daily and weekly number of hours worked ; deductions made ; and actual wages paid . In addition , for Appalachian contracts , the payroll records shall contain a notation indicating whether the employee does , or does not , normally reside in the labor area as defined in Attachment A, paragraph 1 . Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b , has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 ( b) (2 ) ( B ) of the Davis Bacon Act , the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable , that the plan or program is financially responsible , that the plan or program has been communicated in writing to the laborers or mechanics affected , and show the cost anticipated or the actual cost incurred in providing benefits . Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees , and ratios and wage rates prescribed in the applicable programs . C . Each contractor and subcontractor shall furnish , each week in which any contract work is performed , to the SHA resident engineer a payroll of wages paid each of its employees ( including apprentices , trainees , and helpers , described in Section IV, paragraphs 4 and 5 , and watchmen and guards engaged on work during the preceding weekly payroll period ) . The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired . Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents ( Federal stock number 029-005-0014 - 1 ) , U . S . Government Printing Office , Washington , D . C . 20402 . The prime contractor is responsible for the submission of copies of payrolls by all subcontractors . d . Each payroll submitted shall be accompanied by a " Statement of Compliance , " signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following : 1 , that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete , 2 , that such laborer or mechanic ( including each helper, apprentice , and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned , without rebate , either directly or indirectly , and that no deductions have been made either directly or indirectly from the full wages 13 3/25/2010 9:55:46 AM Art tx 4 1 , e , m .?r , ;"r F , : t % ,a, . ; *-.ar, ,. - .tm. `8" v :,, ye earned , other than permissible deductions as set forth in the Regulations , 29 CFR 3 ; 31 that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed , as specified in the applicable wage determination incorporated into the contract. e . The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WW347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V . f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U . S . C . 1001 and 31 U . S . C . 231 . g . The contractor or subcontractor shall make the records required under paragraph 2b of this Section available for inspection , copying , or transcription by authorized representatives of the County , FDOT , the FHWA, or the DOL , and shall permit such representatives to interview employees during working hours on the job . If the contractor or subcontractor fails to submit the required records or to make them available , the County , FDOT , the FHWA, the DOL , or all may , after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment , advance , or guarantee of funds . Furthermore , failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5 . 12 , 10 , RECORD OF MATERIALS , SUPPLIES , AND LABOR ( 1 ) On all Federal-aid contracts on the National Highway System , except those which provide solely for the installation of protective devices at railroad grade crossings , those which are constructed on a force account or direct labor basis , highway beautification contracts , and contracts for which the total final construction cost for roadway and bridge is less than $ 1 , 000 , 000 (23 CFR 635 ) the contractor shall : a . Become familiar with the list of specific materials and supplies contained in Form FHWA- 47 , " Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds , " prior to the commencement of work under this contract . b . Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work , and also of the quantities of those specific materials and supplies listed on Form FHWA-47 , and in the units shown on Form FHWA-471 C , furnish , upon the completion of the contract , to the SHA resident engineer on Form FHWA47 together with the data required in paragraph 1b relative to furnished materials and supplies , a final labor summary of all contract work indicating the total hours worked and the total amount earned . (2 ) At the prime contractor' s option , either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted . 11 . SUBLETTING OR ASSIGNING THE CONTRACT 14 31252010 9:55:46 AM x rr %' .€ i ; ( 1 ) The contractor shall perform with its own organization contract work amounting to not less than 30 percent ( or a greater percentage if specified elsewhere in the contract) of the total original contract price , excluding any specialty items designated by the State . Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor' s own organization (23 CFR 635 ) . a . " Its own organization " shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators . Such term does not include employees or equipment of a subcontractor, assignee , or agent of the prime contractor. b . " Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge , abilities , or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. (2 ) The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions . ( 3 ) The contractor shall furnish (a ) a competent superintendent or supervisor who is employed by the firm , has full authority to direct performance of the work in accordance with the contract requirements , and is in charge of all construction operations ( regardless of who performs the work) and ( b ) such other of its own organizational resources ( supervision , management, and engineering services ) as the SHA contracting officer determines is necessary to assure the performance of the contract . (4 ) No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative , and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 12 . SAFETY : ACCIDENT PREVENTION ( 1 ) In the performance of this contract the contractor shall comply with all applicable Federal , State , and local laws governing safety , health , and sanitation (23 CFR 635 ) . The contractor shall provide all safeguards , safety devices and protective equipment and take any other needed actions as it determines , or as the County or FDOT may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. (2 ) It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee , in performance of the contract, to work in surroundings or under conditions which are unsanitary , hazardous or dangerous to his/her health or safety , as determined under construction safety and health standards 15 3!25/2010 9:55:46 Ann 7 77d41 IL I ti Nee -s r : , % t ; ; 'a ^r ' C' 'e ' - ' .row "„aS- xt`, afii'� �",.� "� `1 IF � ^r xi. '' x . s t IN F _ H ,f ,. IF % ;;. ,: ,�.', ;<er. "fell. ; ?" ., x "I:FF` ff IF IN '�,� armell § f, IN , t .., �-r .�x t�;r 3` «^�� ?-'vru C ; . 'tN IN fee I (29 CFR 1926 ) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U . S . C . 333 ) . ( 3 ) Pursuant to 29 CFR 1926 . 3 , it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract If I performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U . S . C . 333 ) , 13 , FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers , contractors , suppliers , and workers on Federakaid highway projects , it is essential that all persons concerned with the project perform their functions as carefully , thoroughly , and honestly as possible . Willful falsification , distortion , or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts , the following notice shall be posted on each Federal -aid highway project (23 CFR 635 ) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U . S . C . 1020 reads as follows : "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or 31 costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1 , 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $ 10, 000 or imprisoned not more than 5 years or both. " 14 . IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federakaid construction contracts and to all related subcontracts of $ 100 , 000 or more , ) By submission of this bid or the execution of this contract, or subcontract, as appropriate , the bidder, Federal -aid construction contractor, or subcontractor, as appropriate , will be deemed to have stipulated as follows : 16 3/25/2010 9:55:46 AM IFe IN I IN IF INN IN If I � ' . : �. , Ile a ( 1 ) That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U . S . C . 1857 et sec . , as amended by Pub . L . 91 -604 ) , and under the Federal Water Pollution Control Act , as amended ( 33 U . S . C . 1251 et sec. . , as amended by Pub . L . 92 -500 ) , Executive Order 11738 , and regulations in implementation thereof (40 CFR 15 ) is not listed , on the date of contract award , on the U . S . Environmental Protection Agency ( EPA) List of Violating Facilities pursuant to 40 CFR 15 . 20 . ( 2 ) That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. ( 3 ) That the firm shall promptly notify the SHA of the receipt of any communication from the Director , Office of Federal Activities , EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities . (4 ) That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract , and further agrees to take such action as the government may direct as a means of enforcing such requirements . 15 . CERTIFICATION REGARDING DEBARMENT , SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION ( 1 ) Instructions for Certification — Prime Contractor : (Applicable to all Federakaid contracts - 49 CFR 29 ) a . By signing and submitting this proposal , the prospective primary participant is providing the certification set out below . b . The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction . The prospective participant shall submit an explanation of why it cannot provide the certification set out below . The certification or explanation will be considered in connection with the department or agency' s determination whether to enter into this transaction . However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction . c . The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction . If it is later determined that the prospective primary participant knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government , the department or agency may terminate this transaction for cause of default . d . The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . e . The terms "covered transaction , " "debarred , ' " suspended , " " ineligible , " " lower tier covered transaction , " " participant , " " person , " " primary covered transaction , " 17 3252010 9:55:46 AM ee lr LLL ' . y , r.�. Z �„pak "syfixu'`a"& .. " s;. � < '7 . " principal , " " proposal , " and "voluntarily excluded , " as used in this clause , have eL the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations . f. The prospective primary participant agrees by submitting this proposal that , should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the department or agency entering into this transaction . g . The prospective primary participant further agrees by submitting this proposal that it will include the clause titled " Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction , " provided by the department or agency entering into this covered transaction , without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions . h . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals . Each participant may, but is not required to , check the nonprocurement portion of the " Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" ( Nonprocurement List) which is compiled by the General Services Administration . i . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause . The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . j . Except for transactions authorized under paragraph f of these instructions , if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended , debarred , ineligible , or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government , the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion=-Primary Covered Transactions 1 . The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals : a . Are not presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from covered transactions by any Federal department or agency , 18 325/2010 9:55:46 AM F.74%111 n11 - [41 lee . : , . . d113 ey 11 r r yF. In N—IIF- F IF-.zr :IN f 11 FIN =sit i "v "" "a.' , "F AonFlo +' ."- as' ; {" �..;. r "�`v5 < q x.. � 3 . , .z a ?� f: r _L3 -. r - in in - IN tiz INI IN b . Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining , attempting to obtain , or performing a public ( Federal , State or local ) transaction or contract under a public transaction ; violation of Federal or State antitrust statutes or IN commission of embezzlement , theft, forgery , bribery , falsification or destruction of records , making false statements , or receiving stolen property ; C , Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal , State or local ) with commission of any of the offenses enumerated in paragraph 1 b of this certification ; and d . Have not within a 3-year period preceding this application/proposal had one or more public transactions ( Federal , State or local ) terminated for cause or default . 2 . Where the prospective primary participant is unable to certify to any of the statements in this certification , such prospective participant shall attach an explanation to this proposal . (2 ) Instructions for Certification - Subcontracts : (Applicable to all subcontracts , purchase orders and other lower tier transactions of $25 , 000 or IN IN more - 49 CFR 29 ) a . By signing and submitting this proposal , the prospective lower tier is providing the certification set out below. b . The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into . If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies , including suspension and/or debarment . C , The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances . d . The terms "covered transaction , " "debarred , " "suspended , " " ineligible , " " primary covered transaction , " " participant , " " person , " " principal , " " proposal , " and "voluntarily excluded , " as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations . I IN e . The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the department or agency with which this transaction originated . f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction , " without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions . 19 3/252010 9:55:46 AM Fill _ .FIN I IN I g f " xrr^ w3 ' t<ddiIII, r ,� : de g . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals . Each participant may , but is not required to , check the Nonprocurement List. h . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause . The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . i . Except for transactions authorized under paragraph a of these instructions , if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended , debarred , ineligible , or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government , the department or agency with which this transaction originated may pursue available remedies , including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Subcontracts and Purchase Orders: 1 . The prospective lower tier participant certifies , by submission of this proposal , that neither it nor its principals is presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from participation in this transaction by any Federal department or agency . 2 . Where the prospective lower tier participant is unable to certify to any of the statements in this certification , such prospective participant shall attach an explanation to this proposal . 16 . CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $ 100 , 000 - 49 CFR 20 ) ( 1 ) The prospective participant certifies , by signing and submitting this bid or proposal , to the best of his or her knowledge and belief, that: a . No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of any Federal agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant , the making of any Federal loan , the entering into of any cooperative agreement, and the extension , continuation , renewal , amendment, or modification of any Federal contract , grant, loan , or cooperative agreement . 20 3/25010 9:55:46 AM 11 L t :' "r�.7, ' �, 'iw�' `Fig. w r 7,s_ „xS, ix;.'i, �p 'z a,?" 5 . t If zt4 z t > . .=^ tt� b . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract , grant , loan , or cooperative agreement , the undersigned shall complete and submit Standard Form- LLL , " Disclosure Form to Report Lobbying , " in accordance with its instructions . (2 ) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U . S . C . 1352 . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such failure . ( 3 ) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts , which exceed $ 100 , 000 and that all such recipients shall certify and disclose accordingly . 17 . BUY AMERICA All steel or iron used must be produced in the United States , in accordance with 23 CFR 635 . 410 , as amended . All manufacturing processes , including grinding , drilling , welding , finishing or application of a coating , for such steel or iron materials , must occur in the United States . Coating includes all processes which protect or enhance the value of the material to which the coating is applied . If domestic steel or iron is taken outside of the United States for any process , it becomes foreign source material . If steel or iron will be a component of any manufactured product incorporated into the project , these same provisions apply , except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials doe not exceed $2 , 500 . The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or noncompliance with Buy America . A certification form is attached . The contractor will also be required to provide , prior to incorporating the materials into the Project , certifications from the producer of steel or iron , or any produce containing steel or iron as a component , stating that all steel or iron furnished was produced entirely within the United States or was produced within the United States except for minimal quantities of foreign steel and iron valued at ( $ insert actual value) . 18 . DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ( 1 ) Policy . The contractor shall ensure that Disadvantaged Business Enterprises , as defined in 49 C . F . R . Part 26 , as amended , shall have the opportunity to participate in the performance of this project . In this regard , the contractor shall take all necessary and reasonable steps in accordance with applicable federal and state regulations , to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts or subcontracts with respect to this Project. (2 ) DBE Availability Goal Percentage . The DBE Goal Percentage for this project is 8 . 1 % . This DBE availability goal percentage is not a mandatory contract specification , but it is a guide to inform the contractor of the work that could reasonably be contracted to a DBE . ( 3 ) DBE Certification . Only DBE firm (s ) certified by the FDOT Equal Opportunity Office shall be considered disadvantaged business enterprises for the purposes of this bid and any resulting contract. To verify whether a firm is certified as a DBE for the work being performed , the contractor must 21 3/25/2010 9:55:46 AM 177"r7u 7"""71" �7w7777mII, 7777777'77 77 If ff IN � s E I k., '' .,tg4 g'F wn n";' ' ..:+.,. �, r w rf 7< a s, i s4 11 If ` `#. `' el, ` 'z4elI :, If refer to the DBE Directory published by the FDOT Equal Opportunity Office on the Internet at: www . dot . state , fl . us/egualopportunitVoffice/ or through the Florida Unified Certification Program at www . bipincwebapps . com/biznetflorida/ . If the Internet is not available , call the Equal Opportunity Office for verification at ( 850 ) 4144747 . (4 ) Anticipated DBE Participation Statement . Contractor shall complete and submit the Anticipated DBE Participation Statement prior to the pre-construction conference through the FDOT Equal Opportunity Office on the Internet . A hard copy of the Statement should also be provided the pre- construction conference . The Statement must only include companies certified as a DBE . The Statement can and should be updated when additions or deletions are made through the life of the contract. This will not become a mandatory part of the contract. When reporting anticipated DBE utilization or actual payments , the following guidelines prescribed in the 49 C . F . R . Part 26 shall apply : a) When a DBE participates in a contract, count only the value of the work actually performed by the DBE toward DBE participation . b) Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on the project . C) Follow the DBE reporting guidelines established by FDOT . ( 5 ) Reporting . Contractor shall report monthly , through the FDOT Equal Opportunity Ile Reporting System on the FDOT website , actual payment, retainage , DBE status and work type of all subcontractors and major suppliers . Contractor shall develop a record keeping system to monitor DBE participation including the following : i ) number and dollar value of contracts awarded to DBE subcontractors , ii ) a description of the general categories of subcontracts awarded to DBEs . iii ) the specific efforts employed to identify and award subcontracts to DBEs . All records relating to DBE participation and subcontracts shall be maintained for a period of five ( 5 ) years following acceptance of final payment. All such records shall be available for inspection by the County , FDOT or the Federal Highway Administration upon request . 19 . BID OPPORTUNITY LIST . Federal regulations require the bidder to report on all firms that bid or quote subcontracts on FDOT-assisted projects , including both DBEs and non - DBEs . The Bid Opportunity List form must be completed by all bidders identifying ALL subcontractors who quoted to bidder for this project and contract. A form Bid Opportunity List form is attached and must be submitted with the bid proposal . 20 . NON -COLLUSION Bidder shall submit the included Non -Collusion Certification with its bid proposal , certifying that the bidder has not, either directly or indirectly , entered into any agreement, participated in any collusion , or otherwise taken any action , in restraint of free competitive bidding in connection with its bid . Failure to submit the certification with the bid will make the bid non - responsive and not eligible for award consideration . 21 . STANDARDIZED CHANGED CONDITIONS CLAUSE ( 1 ) Differing site conditions . 22 3/25/2010 9: 55:46 AM . . „ . 14 fq C4 If, 14 ff If 119W Polk- l leW 11 lw, II 'ell lee q elil je a ) During the progress of the work , if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature , differing materially form those ordinarily encountered and generally recognized as inherent in the work provided for in the contract re encountered at the site , the party discovery such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed , b ) Upon written notification , the engineer will investigate the conditions , and if it is determined that the conditions materially differ and cause an increase or Ile decrease in the cost or time required for the performance of any work under the contact, an adjustment , excluding anticipated profits , will be made and the contract modified in writing accordingly . The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted . C) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice . d ) No contract adjustment will be allowed under this clause for any effects caused on unchanged work . ( 2 ) Suspensions of work ordered by the engineer. a ) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time ( not originally anticipated , customary , or inherent to the construction industry ) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay , the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work . The request shall set forth the reasons and support for such adjustment . b) Upon receipt , the engineer will evaluate the contractor' s request . If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers , or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly , The contractor will be notified of the engineer' s determination whether or not an adjustment of the contract is warranted , C) No contract adjustment will be allowed unless the contractor has submitted the 12 1 request for adjustment within the time prescribed . d ) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause , or for which an adjustment is provided or excluded under any other term or condition of this contract , ( 3 ) Significant Changes in the Character of Work . a ) The engineer reserves the right to make , in writing , at any time during the work , such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project , Such changes in quantities and alterations shall not invalidate the contract nor release the surety , and the contractor agrees to perform the work as altered , 23 325/2010 9:55:46 AM PTPR ', ., v _ ' b ) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment , excluding anticipated profit , will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work . If a basis cannot be agreed upon , then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable . C) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be ti paid for as provided elsewhere in the contract . d ) The term " significant change" shall be construed to apply only to the following circumstances : 1 ) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction ; or 2 ) When a major item of work , as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity . Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity , or in case of a decrease below 75 percent, to the actual amount of work performed . 22 . CHANGE ORDERS Florida Department of Transportation ( FDOT) and Federal Highway Administration ( FHWA) approval shall be required on all construction contract changes . All such changes shall be documented on the FHWA Approval-Major and Minor Construction Changes, Form No. 700=010=47. 23 , TIME EXTENSIONS , The County may grant an extension of Contract Time when it add s new work items or provides for unforeseen work , provided that the additional work actually impacts the contract critical path completion schedule . The County may also grant an extension of Contract Time when a critical path item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid or if failure of the County to fulfill an obligation under the contract results in delays to the schedule critical path . The County may consider the delays in delivery of materials or equipment that affect progress on a critical item of work as the basis for granting a time extension if such delays are beyond the control of the Contractor. Requests for time extensions due to delay in the delivery of custom manufactured equipment or fixtures will not be considered unless the contractor furnishes documentation that the order was placed in a timely manner and the lack of such equipment cased a delay in progress on a critical item . Extensions of Contract Time will not be granted for delays due to the fault or negligence of the Contractor. No allowance for inclement weather should be made in establishing the Contract Time , The County may grant time extensions on a day for day basis for delays caused only by inclement weather conditions that prevent the contractor from productively performing critical path items where : ( i ) the contractor is unable to work at least 50 % of the day on a pre-determined critical path item due to the 24 3/25!2010 9:55:46 AM 7777 F weather; or ( ii ) the contractor must make major repairs to work damaged by weather provided that the damage is not due to the contractor's failure to perform and that the contractor is unable to work at least 50 % of the day on pre- determined critical path items . 24 . LIQUIDATED DAMAGES Applicable liquidated damages will be assessed in the following amount : $ 1 , 148 per day 25 . CONTRACT CLAIMS BY CONTRACTOR Should the contractor intend to file a claim for additional monetary compensation , time or other adjustments to the contract and the County disputes the contractor's entitlement to the claim or the impact of the claim , Contractor must provide written notification to the County of contractor's intent to file a claim . This notice must be given before the contractor begins any work on which the claim is based . Failure of the contractor to notify the County before beginning work on any disputed items waives the contractor's right to claim . The contractor's notice of intent to file a claim should contain : ( 1 ) A statement as to what changed , including a description of the nature and extent of the change . (2 ) An indication of who directed or what caused the change . (3 ) A description of how the change has or will impact the contractor , including reference to any impacted critical activities on the contractor's latest accepted schedule update . (4 ) A statement of damages , or an estimate of damages if available , detailing the amount of compensation , time and/or other adjustment to the contract that is being requested . 26 . DRUG -FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287 . 087 , the bidder shall certify that it has and will maintain a drug-free workplace . The bidder shall complete and submit with its bid proposal the attached certification . Failure to include an executed certification may cause the bid proposal to be considered non - responsive . 27 . SUSPENSION AND DEBARMENT The bidder shall complete and submit with its bid proposal the certification regarding debarment form included in this package , or an explanation as provided herein . The inability to provide the certification will not necessarily result in denial of participation in the project . The bidder shall submit an explanation of why it cannot provide the requested certification , which will be considered in evaluation of the bidder ' s bid package . However, failure by a bidder to furnish a certification or an explanation shall disqualify such bidder from this project . The bidder agrees by submitting its bid that should it be awarded the contract , it will not knowingly enter into any sub-contracts for this project with a person who is debarred , suspended , declared ineligible or excluded from participation in this transaction . The bidder further agrees that it will require the same certification in all solicitations for and from all sub-contractors on the project . The certification is a material representation of fact upon which the County will rely . If it is later determined that the bidder rendered an erroneous certification , or knowingly entered into a sub-contract with a subcontractor who is debarred , suspended or ineligible , the County may terminate the contract for cause of default . 28 . EQUIPMENT 25 4/14/201110:46:56 AM It _ s .rrr . ra e ? , r r ,, , � r a' *sa +c+ it ( 1 ) Publicly Owned Equipment The policy definition of publicly owned equipment is " . . equipment previously purchased or otherwise acquired by the public agency involved for use in its own operations. " the policy goes on to state that " . . . publicly owned equipment should not normally compete with privately owned equipment on a project to be let to contract. " ( 2 ) . Equipment Rental Rates . Contractor shall comply with the cost principles and procedures set forth in 48 C . F . R . Part 31 . Reasonable costs of renting construction equipment are allowable ; but the allowability of charges of equipment rentals from any division , subsidiary of organization under common control of contractor will be determined in accordance with 48 C . F . R . Sec , 31 . 205-36 ( b ) ( 3 ) . 29 . MATERIALS ( 1 ) Source of Supply ; Convict Labor. Materials produced by convict labor are prohibited from use on this project unless specific written authority for such use is obtained from FDOT and : ( i ) such materials are produced by convicts on parole , supervised release , or probation from a prison . (2 ) No Local Preference . The contractor must furnish all materials to be incorporated in the work , and the contractor shall be permitted to select the sources from which the materials are to be obtained . The County shall not impose any requirement or enforce any procedure which operates to require the use of, or provides a price differential in favor of, articles or materials produced within the State . 30 , SALVAGE CREDITS . There will be no credit to the project as a result of salvaged materials or equipment. 31 . SUBCONTRACTING ( 1 ) Prime Contractor Requirement. The prime contractor shall perform at least 30 percent of contract work with its own organization . This percentage shall be of the original contract price , exclusive of specialty items , but include the cost of materials and manufactured products purchased or produced by the prime contractor. (2 ) Subcontract approval . No portion of the work may be sublet, assigned , or otherwise subcontracted without the written consent of the County . Subcontract approval shall be based on satisfactory evidence that each subcontract is in writing and contains all the pertinent provisions . The approval of a subcontract does not relieve the contractor of responsibility for fulfillment of the contract . 32 . ACCESS TO RECORDS ( 1 ) The Contractor agrees to provide the County , FDOT, FHWA , the Comptroller General of the United States or any of their authorized representatives access to any books , documents , papers and records of the Contractor which are directly pertinent to the contract for the purposes of making audits , examinations , excerpts and transcriptions . (2 ) The Contractor agrees to maintain all books , records , accounts and reports required under the contract for a period of not less than five years after the date of termination or expiration of the contract, except in the event of litigation or settlement of claims arising from the performance of the contract , in which case Contractor agrees to maintain same until the County , the FTA Administrator, the Comptroller General , or any of their duly authorized representatives , have disposed of all such litigation , appeals , claims or exceptions related thereto . 26 3/25/2010 9:55:46 Ann 1v I 33 . PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS ( 1 ) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986 , as amended , 31 U . S . C . § 3801 et sec . and U . S . DOT regulations , " Program Fraud Civil Remedies , " 49 C . F . R . Part 31 , apply to its actions pertaining to this Project. s Upon execution of the underlying contract , the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made , it makes , it may make , or causes to be made , pertaining to the underlying contract or the FHWA assisted project for which this contract work is being performed . In addition to other penalties that may be applicable , the Contractor further acknowledges that if it makes , or causes to be made , a false , fictitious , or fraudulent claim , statement, submission , or certification , the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate . (2 ) The Contractor also acknowledges that if it makes , or causes to be made , a false , fictitious , or fraudulent claim , statement, submission , or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FHWA , the Government reserves the right It to impose the penalties of 18 U . S . C . § 1001 and 49 U . S . C . § 5307 ( n ) ( 1 ) on the Contractor, to the extent the Federal Government deems appropriate . ( 3 ) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FHWA. It is further agreed that the clauses shall not be modified , except to identify the subcontractor who will be subject to the provisions . 34 . NO OBLIGATION BY THE FEDERAL GOVERNMENT ( 1 ) Absent the express written consent by the Federal Government, the Federal Government or the Federal Highway Authority is not a party to the contract and shall not be subject to any obligations or liabilities to the County , Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. ( 2 ) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FHWA . It is further agreed that the clause shall not be modified , except to identify the subcontractor who will be subject to its provisions . 35 . LOCAL HIRING PREFERENCE There shall be no local hiring preference in this project. 27 3/25/2010 9:55:46 AM s 1 Ike Id 79!q7 1"IF7 11111M 17777 pffl"V�7 19 GENERAL CONDITIONS AND TERMS Section Caption GC 1 Definitions GC 2 Execution , Correlation and Intent GC 3 Contractor Liable and Responsible to Owner GC 4 Engineer' s Status GC 5 Design , Drawings and Specifications GC 6 Materials , Labor, Equipment GC 7 Permit and Fees GC 8 Project Manager GC 9 Subcontractors and Suppliers GC 10 Contractor Meetings GC 11 Scheduling GC 12 Schedule of Values GC 13 Land for Work GC 14 Survey , Lines and Grade GC 15 Site Conditions GC 16 Subsoil Conditions GC 17 Surface and Subsurface Water GC 18 Contractor Work Area GC 19 Contractor- Furnished Materials , Equipment and Workmanship GC 20 Protection of the Work and Property GC 21 Utilities GC 22 Delivery Unloading and Storage GC 23 Fire Protection GC 24 Illumination GC 25 Dust Control GC 26 Pollution Control GC 27 Explosives and Hazardous Materials GC 28 Labor GC 29 Safety GC 30 Progress GC 31 Inspection GC 32 Testing GC 33 Substitution GC 34 Correction of Defective Materials or Workmanship GC 35 Correction of Work GC 36 Owner' s Right to Correct or Complete Work GC 37 Changes in Work GC 38 Use of Completed Portions GC 39 Cleaning Up 28 3/25/2010 9:55:46 AM 11 "Ile 777777 R, vI eo ., ., i IF 41 4 41 I IF I c r e x' k < . N vIF GC 40 Basic Requirements Prior to Substantial Completion GC 41 Final Inspection and Acceptance GC 42 Extension of Time GC 43 No Damages for Delay ; Exclusive Remedy GC 44 Payment Procedure GC 45 Liens GC 46 Surety or Performance Bond GC 47 Insurance GC 48 Indemnity GC 49 Dispute Resolution GC 50 Owner' s Right to Terminate Contract for Cause GC 51 Suspension or Termination by Owner for Convenience IF GC 52 Contractor Obligations Upon Termination GC 53 Removal of Equipment GC 54 Warranty GC 55 Royalties and Patents GC 56 Verbal Agreements GC 57 Miscellaneous Provisions 29 3/25/1010 9:55:46 Ann IF t ellk� k 11 1 ell ell ve GC 1 DEFINITIONS ( a ) The " Owner" , the " Contractor" , and the " Engineer" are treated throughout the Contract as if each were of the singular number and masculine gender. ( b ) " Engineer" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the County or the designed staff engineer of the Public Utilities Department of the County . ( c) " Subcontractor" includes only those having a direct contract with the Contractor, and it includes one who furnishes material worked to a special design according to the plans and specifications of this work but does not include one who merely furnishes material not so worked . ( d ) The term "work" means the construction services required by the Contract Documents/ this Agreement and requires all labor, materials and services to be provided by the Contractor to fulfill the Contractor' s obligations under this Agreement. GC 2 EXECUTION , CORRELATION AND INTENT OF DOCUMENTS : j The Contract Documents shall be executed in two original sets by Owner and Contractor. The Contract Documents are complementary , and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents . In the event of any conflict among the Contract Documents , the Documents shall be construed according to the following priorities : First Priority : Specifications ( quality) Second Priority : Drawings ( location ) Third Priority : Special Terms Fourth Priority : General Terms and Conditions Fifth Priority : Contract Documents Sixth Priority Invitation to Bid Seventh Priority Contractor' s Bid In any event of inconsistency, however, the latest , and more stringent, or technical , or the greater quantity requirements shall control the work to be performed by the Contractor. GC 3 CONTRACTOR RESPONSIBILITIES . a ) The Contractor shall be held liable to the Owner for the performance of all work provided for under this Contract . These specifications make no attempt to fix the scope of the work of any subcontractor nor the responsibilities of the subcontractors . b ) Contractor shall provide all labor, materials , equipment, tools , construction equipment and machinery , heat, utilities , and other facilities and services necessary for the property execution and completion of the Work . C) Contractor shall be solely responsible for all construction means , methods , techniques , sequences , procedures and safety programs in connection with the performance of the work . Contractor shall be solely responsible for the engagement and management of any subcontractors used to perform any portion of the work . d ) The Contractor shall be liable to the Owner for materials furnished . This shall include all materials whether manufactured and/or fabricated by other persons . In the event that an agent or other representative of the Owner approved the installation or erection of any item of material and the Contractor feels the same is not fabricated in good workmanlike manner, he shall forthwith advise the Engineer and the Owner thereof in writing . e ) The Contractor shall provide for each of the following activities : ( 1 ) Maintain a log of daily activities , including manpower records , weather, delays , major 30 3252010 9:55:46 AM le Ile N,1 % III IR ° IN % % b r decisions , etc . ( 2 ) Maintain a roster of subcontractors will name and contact telephone numbers for key personnel , ( 3 ) Provide a safety program for the project and conduct a safety meeting prior to commencing work . f) Any disputes which may arise in this connection between the Contractor and any subcontractor must be settled between the parties concerned . The Owner will not undertake nor be in any way responsible for the settlement of such disputes , GC 4 ENGINEER ' S STATUS . a ) The Engineer will provide observation of the Contractor' s activities and progress of the IN work . The Engineer will make complete and thorough inspections of all construction , draft change orders , and verify and certify partial and/or final payments due to the Contractor. The Engineer may , during the life of the Contract issue additional instructions , by means of drawings , minor change orders or otherwise , necessary to illustrate changes in the work , b ) The Engineer shall have authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property , He shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work . C) The Engineer will make decisions in writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the work or the interpretation of the Contract documents . All such decisions of the Engineer shall be final , GC 5 DESIGN , DRAWINGS AND SPECIFICATIONS . a ) The Owner through the Engineer, or the Engineer as the Owner' s representative , shall furnish plans and specifications which completely represent the requirements of the work as far as practical to be performed under the Documents and shall be true developments thereof, The Owner will be responsible for the adequacy and sufficiency of the plans and specifications , The Owner or Engineer will provide the Contractor with copies of all drawings and specifications , not to exceed four (4 ) complete sets , for the execution of the work . b ) The specifications and the drawings accompanying them are intended to describe and provide for a finished piece of work ; they are intended to be complementary and what is called for by either shall be as binding as if called for by both . The Contractor understands that the work shall be complete in every detail , notwithstanding every item necessarily involved is not particularly mentioned , and the Contractor shall be held to provide all labor and material necessary for the completion of the indicated work , C) The Contractor shall , immediately upon receipt of the drawings , check all drawings furnished and shall promptly notify Owner of any illegibility , errors , omission , defect or discrepancies discovered in such drawings and shall comment as appropriate upon construction feasibility and practicality , The Contractor shall perform work only in accordance with the permitted drawings and any subsequent revisions thereto . d ) If the permitted drawings change the scope of the work , the Contractor shall notify the owner and Engineer within seven ( 7 ) days of receipt of the permitted drawings and such notification shall contain a written description of the change and its impact on the cost and schedule , if any . Failure to provide such notice within seven days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform the work at his expense and complete the work according to schedule and in no event shall Contractor recover delay or consequential damages . 31 325/2010 9:55:46 AM IF FI - IIFFIFII ' 'I IF IF IF IF IFIF, 11 e ) The Contractor shall keep at the work site one ( 1 ) copy of all permitted drawings and specifications kept current with all changes and modifications and shall at all times give the Owner , the Engineer and all trades performing at the project , access thereto . GC 6 MATERIALS , LABOR , EQUIPMENT . Unless otherwise stipulated , the Contractor shall provide and pay for all materials , labor, tools , equipment, services , transportation and other facilities necessary for the execution and completion of the work . Unless otherwise specified , all materials incorporated in the permanent work shall be new and both workmanship and materials shall be of good quality . The Contractor shall , if required , furnish satisfactory evidence as to the kind and quality of materials . GC 7 QUALITY ASSURANCE Contractor shall develop , implement and maintain a plan for the work which quality assurance and management and control of the construction services . Contractor shall maintain an adequate inspection system and perform such inspections as will assure that the work performed conforms to the requirement of the Contract Documents , GC 7 PERMITS AND FEES , All Permits or licenses necessary for the performance of the work or required by law or ordinance , including Building permits , shall be secured , maintained , and paid for by the Contractor, unless otherwise provided in the Special Terms . Contractor shall be responsible for all governmental fees , including but not limited to utility fees and connection fees . Owner shall be responsible for obtaining any necessary easements . For construction of a building , Owner shall be responsible for all County Construction Services plan and permit review fees GC 8 PROJECT MANAGER , The Contractor shall keep during the term of this Agreement a competent Project Manager and any necessary assistants , all satisfactory to the Engineer and Owner. The Contractor shall advise the Engineer, in writing , within ten ( 10 ) days after the date of Owner' s issuance of a Notice to Proceed , the name and local address of the Project Manager who will be in charge of the project, together with amount of his authority to represent the Contractor, along with the Project Manager' s cell phone number. The Owner and Engineer shall be able to reach the Project Manager at his cell phone number at all working hours . The Project Manager shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case . The Contractor shall give sufficient superintendence to the work using his best skill and attention . If the Contractor, in the course of the work finds any discrepancy between the plans and the physical conditions of the locality , or any errors or omissions in plans or in the layout as given by survey points and instructions , he shall immediately inform the Engineer and the Owner, in writing , and the Engineer will promptly verify the same . Any work done after such discovery , until authorized , will be done at the Contractor' s risk . Neither party shall employ or hire any employee of the other party without his consent . At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. GC 9 SUBCONTRACTORS AND SUPPLIERS . a ) Within ten ( 10 ) days after the date of the Owner' s issuance of a Notice to Proceed , the Contractor shall furnish to the Owner in writing the names of the persons or entities ( including those who are to furnish materials or equipment fabricated to a special design ) whom the Contractor will engage as sub-contractors or suppliers for the Project . The Contractor shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing . The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the work under the Contract and that any review of Subcontractors , Sub-subcontractors or suppliers by the Owner or Engineer will not in any way make the Owner responsible to any Subcontractor or Sub-subcontractor or suppliers , nor will it make the Owner responsible for the actions or omissions of any Subcontractor or Sub-subcontractor or suppliers . b) By appropriate written agreement , the Contractor shall require each Subcontractor, to the 32 3/25/2010 9:55:46 AM N - ' 1 %FIvF%rI77777"7 . c 'I 11 Ile ,r: :'FFI IFMMall 4 IT . TD extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract and Contract Documents , including but not limited to the insurance requirements for workers ' compensation and general liability coverage . The Owner shall be named as an intended Third Party Beneficiary in all Subcontractor Agreements . Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights , and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement , the benefit of all rights , remedies and redress against the Contractor that the Contractor, by the Contract Documents , has against the Owner. Where appropriate , the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors . The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement , copies of the Contract Documents to which the Subcontractor will be bound , and , upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents . Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors . Contractor shall include in all subcontracts a provision requiring the Subcontractor to consent to an assignment of the subcontractor to the Owner. C) All subcontracts shall provide the following exact language" Sub-contractor "expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its ' control, including delays claimed to be caused by the County or its Engineer and agrees that its exclusive remedy shall be an extension of its contract time. " d ) The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces , and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under contract conditions identical or substantially similar to these . If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in GC 3711, Changes in Work. The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor' s construction and operations with theirs as required by the Contract Documents . e) If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall , prior to proceeding with that portion of the Work , promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results . Failure of the Contractor to so report shall constitute an acknowledgment that the Owner' s or separate contractors completed or partially completed construction is fit and proper to receive the Contractor' s Work , except as to defects not then reasonably discoverable . GC 10 CONTRACTOR MEETINGS The Contractor shall , at its expense , attend any and all meetings called by the Owner to discuss the work under the Contract. The Owner, or its Engineer, will distribute typed minutes of each meeting to all attendees . GC 11 SCHEDULING . a ) Within ten ( 10 ) days after the date of the Owner' s issuance of a Notice to Proceed , the Contractor shall prepare and submit to the Owner and to Engineer a project schedule utilizing the Critical Path Method ( CPM ) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion , respectively) of each such activity . The construction schedule shall be complete in all respects , covering approvals , construction and Owner occupancy , in addition to activities and interfaces with other 33 3/25/2010 9:55:46 AM el Contractors at the work site , offsite activities such as design , fabrication , an allowance for weather delays , submittals , procurement and jobsite delivery of Contractor furnished material and equipment. Contractor agrees to complete the work and Project in accordance with the agreed construction schedule as amended by duly executed change orders . b ) At the end of each calendar month , Contractor shall update and/or revise the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed , in contrast with the planned progress of performance of such work . Each such update and/or revision to the construction schedule shall be submitted to the Owner and Engineer. Failure of the Contractor to develop , update , revise , or submit the construction schedule (s ) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a schedule or schedule update is submitted . C) The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met , the Contractor shall notify the Owner and Engineer of the potential schedule change within three ( 3 ) days of a commencement of delay or knowledge of a potential delay . Prior to requesting a time extension , Contractor shall execute some or all of the following remedial actions at Contractor' s sole cost and expense : 1 . Increase manpower as necessary to eliminate work backlog . 2 . Increase the number of working hours per shift , shifts per working day , working days per week , construction equipment, or any combination of the foregoing to eliminate the backlog . 3 . Reschedule the work in conformance with specification requirements . d ) Neither the Owner nor the Contractor shall be considered to own the schedule float time . GC 12 LIQUIDATED DAMAGES . If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Special Terms or later than the scheduled completion date if a duly authorized change order for time is issued , liquidated damages in the amount( s) set forth in the Special Terms shall be paid by Contractor for unexcused delay in performance of the work . . Contractor agrees that Owner' s actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Special Terms are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties . GC 12 SCHEDULE OF VALUES . Within ten ( 10 ) days after the date of the Owner' s issuance of a Notice to Proceed , Contractor shall submit for review and approval of Owner and Engineer, a schedule of values , by phases of work , to show a breakdown of the Contract Price corresponding to the payment request breakdown and progress schedule line items . The schedule of values must also show dollar value for each unit of work scheduled . Change Orders are to be added as separate line items . GC 13 LAND FOR WORK. Contractor' s access to the site and storage areas shall be as shown on the plans and as designated by the Owner. Access routes may also be used by County employees and other contractors . No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel . The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic . In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to the Work under this Contract is to be done , Contractor shall comply with all such conditions or restrictions . Any delay in the furnishing of these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion . 34 3/252010 9:55:46 AM r, III& J 4 11 4&1 111 41 Jo I Owner, and its duly authorized employees and representatives , and representatives of all governmental agencies having jurisdiction over work areas or any part thereof, shall , at all reasonable times , have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner, its representatives and employees , to have access at all reasonable times to all places where equipment or materials are being manufactured , produced or fabricated for use under the Contract . GC 14 SURVEY , LINES AND GRADE Unless otherwise specified , the Engineer shall furnish all land survey control points , base lines and benchmarks for the location of the work . The Contractor shall be responsible for the preservation of all lines , points , and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such base lines , points and elevations . From the information provided by the Engineer, the Contractor shall develop and make all detail surveys and establish lines and grades as required . The Contractor shall keep the Engineer informed as to his needs for base lines or bench marks in order that the same may be furnished and all necessary measurements made for the record with a minimum of inconvenience to the Engineer or delay to the Contractor. GC 15 SITE CONDITIONS . Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the work and the general and local conditions , and particularly , but without limitation , with respect to the following : conditions affecting the transportation , access , disposal , handling and storage of materials , the availability , quantity and quality of labor, water and electric power; availability and condition of roads , climatic conditions ; location of underground utilities ; existing site conditions , topography and ground conditions ; subsurface geology , and nature and quantity of surface and subsurface materials to be encountered ; and all other matters which can in any way affect eh performance of the Contract or the cost associated therewith . Contractor' s failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the work . GC 16 SUBSOIL CONDITIONS . Unless otherwise stipulated in the plans and specification , no subsoil investigations have been made . The Contractor shall satisfy itself as to all subsoil conditions . GC 17 SURFACE AND SUBSURFACE WATER The control of surface and subsurface water by Contractor shall be permitted by the proper regulatory agencies , with copies submitted to Owner. Contractor shall immediately remedy any permit violations and shall be responsible for any fines or penalties assessed by such agencies for permit violations . GC 18 CONTRACTOR WORK AREA Contractor' s work area on the job site will be assigned by Owner. Contractor shall confine its office , storage , assembly , equipment and parking to the areas so assigned . Should Contractor find it necessary to use any additional land outside the work site for any purpose , Contractor shall , at its expense , provide for the use of any such additional land . GC 19 CONTRACTOR- FURNISHED MATERIALS , EQUIPMENT AND WORKMANSHIP Contractor shall provide and use on any work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the drawings and specifications within the established schedule . Only new, unused materials and items of recent manufacture , of designated quality , free from defects , will be accepted . Contractor shall , if requested , furnish evidence satisfactory to the Owner as to the kind and quality of materials . Contractor shall utilize lumber, timber and other forest products produced and manufactured in Florida when such products are available and their price , fitness and quality are equal to comparable products . Upon written order of the Owner, Contractor shall discontinue operation of unsatisfactory plant, equipment and/or facilities . Owner will be the final authority for determining conformance of workmanship , materials , equipment and systems with the requirements of the Contract. (255 . 20) 35 3/2512010 9:55:46 AM =17. mIll yTI , nl, a k s zit �az ,N x z ` IT IT t� - zI p� .' o. ,V ,, , . c �, �^ „ r �" a r�zy.K € ' ' d . a x sa y ^„y;r ^'T°,4z . f , .' " a d3 �'. � 3c x �. ITT IA "w� 5 . 1 Where Contractor supplied drawings are required for planning or performance of the work , such IT drawings shall include , but not be limited to , matchmarks , erection diagrams and other details such as field connections for property installation . Such drawings shall be submitted by and at the expense of Contractor. At least 21 days shall be allowed for review by Owner. If drawings show variations from the IT contract requirements , the Contractor shall describe such variations in writing at the time of submission . Review and permission to proceed by Owner does not constitute acceptance or approval of design details , calculations , analyses , test methods or materials develop or selected by the Contractor and does not relieve Contractor from full compliance with contractual obligations . Where samples are required , samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured , delivered to the site or incorporated IT into the work without such review. At least 21 days shall be allowed for Owner' s review . The Owner or Engineer shall notify the Contractor of defective or unacceptable work if the Owner discovers such . No work defect in construction or quality , or deficient in meeting any requirement of the 3., Contract, drawings or specifications , will be acceptable regardless of Owner' s failure to discover such defects during construction ; nor will inspection by the Engineer relieve Contractor from ensuing the quality Ilk of the work as required by the Contract. No payment , whether partial or final , shall be construed as an acceptance of defective work or improper materials . GC 20 PROTECTION OF THE WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all work from loss , theft or damage from whatever cause , and shall take all reasonable precautions to protect the property of the Owner and third parties from theft, injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws , codes and regulations with respect to prevention of damage . Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees , plants , shrubs and grass on or adjacent to the premises , which , as determined by Owner, do not reasonably interfere with the performance of the work . Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation . Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract . All cost in connection with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor. Where practical , Contractor shall erect a temporary fence around the work site . Contractor shall IT prepare and maintain accurate reports of incidents of loss , theft or vandalism and shall furnish these reports to Owner wither three ( 3 ) days of each incident. Until final acceptance of the work by the Owner, the Contractor shall have full and complete charge or and shall bear all risk of loss of, and injury or damage to , the work performed under this Contract, or any portion thereof, including materials , Owner-furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild , repair, restore and make good any damages , injury , or loss to the work and to the property of the Owner or third parties , except such as may be directly due to errors in the Contract documents which the Contractor did not or could not have discovered through due diligence , or caused by agents or employees of the Owner, unless such loss or damage would be all covered by any policy of insurance maintained by the Contractor. GC 21 UTILITIES IT The Contractor shall , at its expense , arrange for, develop and maintain all utilities in work areas , including , but not limited to : construction power, water as required throughout construction , and telephone service , if needed . Prior to final acceptance of the work , Contractor shall , at its expense , remove all temporary utilities . Contractor shall conduct its operations so as not to damage , close or obstruct any utility installation , highway , road or other property until permits therefore have been obtained . GC 22 DELIVERY UNLOADING AND STORAGE Contractor shall , at its expense , receive , unload , store in a secure place , and deliver from storage 36 :: &25/2010 9:55:46 AM IT All' IT3A IT � Ilk Ififfifif graI IT I IL ,4 ; r. . , .. 1 _ ., _ r . . t._4; _ a' r. x , .. . � t i rr . �+. : . q. m, � .°. a' p , rs . vv to the construction site , all materials , plant and equipment required for the performance of the Contract. Material and equipment subject to degradation by outside exposure shall be stored in a weather-tight enclosure provided by Contractor at its expense . GC 23 FIRE PROTECTION All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers , properly labeled , located and compatible with the hazard of each work area and shall instruct personnel in their use . GC 24 ILLUMINATION When any work is performed when daylight is obscured or at night , Contractor shall , at its expense , provide artificial light sufficient to permit work to be carried on satisfactorily and safely . GC 25 DUST CONTROL For the duration of the contract , the Contractor shall , at its expense , maintain all excavations , roads , plant sites , borrow areas and all other work areas free from dust . Code-required or industry- accepted methods of dust control suitable for the area involved and approved by Owner will be permitted . GC 26 POLLUTION CONTROL Contractor shall , at its expense , perform its work so as not to discharge into the atmosphere , any body of water, the ground or groundwater, from any source , smoke , dust or other contaminants in violation of the laws , rules and regulations of all federal , state and local air and water pollution requirements . Contractor shall , at its expense , provide suitable facilities to prevent any such discharges . Contractor shall immediately report to Owner and appropriate authorities any spill of contaminant. GC27 DEBRIS DISPOSAL All debris shall be legally disposed of at licensed disposal site( s) . GC 27 EXPLOSIVES AND HAZARDOUS MATERIALS Contractor shall obtain all required federal , state and local permits and licenses and shall be responsible for the safe and proper handling , transportation , storage and use of any explosive or hazardous material brought onto or encountered with in the site . The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site . Contractor shall maintain and post as necessary , Material hazard Data Sheets for all applicable hazardous materials used in the course of the work . In the event that hazardous material is improperly handled or stored by the Contractor or its sub-contractors , which results in contamination of the site , Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at the Contractor' s sole cost and expense . Contractor shall indemnify and hold harmless the Owner from any expense , action or liability resulting from such contamination and remedial actions . GC 28 LABOR Contractor shall employ only competent and skilled personnel to perform the work . Contractor shall , if requested by Owner, remove from the jobsite any personnel of Contractor who is determined by Owner to be unfit or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal , State and local laws regarding labor. All work performed after regular working hours , on Sundays or legal holidays , shall be performed without additional expense to the Owner. GC 29 SAFETY The Contractor shall be responsible for initiating , maintaining and supervising all safety precautions and programs in connection with the work . Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. The Contractor shall provide and maintain all necessary watchmen , barricades , warning lights , and signs and take all necessary precautions for the protection of all persons involved in the work , the public , and all employees or 37 32512010 9:55:46 AM ay 5 l ! . ,; , rpt . . f a LIn nIv I dv In t E ' . n ..; "* 11 representatives of Owner. All work and all equipment , machinery , materials and tools shall be in compliance with and conform to all applicable laws , ordinance , rules and regulations . GC 30 PROGRESS During construction , Contractor shall keep a marked -up and up-to-date set of drawings showing as-built conditions on that site as an accurate record of all deviations between work as shown and work as installed . These drawings shall be available to Owner and Engineer for inspection at any time . During construction , Contractor shall keep a marked - up and up-to date set of specifications showing as- is conditions on the site annotated to clearly indicate all substitutions or product selections that are incorporate into the work . These specifications shall be available to Owner and Engineer for inspection at any time . If at any time Contractor' s actual progress is inadequate to meet the requirements of the Contract, Owner may so notify Contractor who shall thereupon , at its expense , take such steps as may be necessary to improve its progress to meet the approved schedule . If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled , the Owner may declare a default of this Contract. GC 31 INSPECTION . Engineer: The Owner may provide Engineering personnel for the observation of the work . The Owner, Engineer and their representatives shall at all times have access to the work whenever it is in preparation or progress , and the Contractor shall provide proper facilities for such access and for inspection . If the specifications , the Engineer' s instructions , applicable laws , ordinances , or any public authority require any work to be specially tested or approved , the Contractor shall give the Engineer timely notice of its readiness for observation and , if the observation is by another authority than the Engineer, of the date fixed for such observation . If any work should be covered up prior to any quality inspection or test by Owner or Engineer, it must, if required by the Engineer, be uncovered for inspection In and properly restored at the Contractor's expense . GC 32 TESTING Unless otherwise provided in the Contract, drawings or specifications , shop testing of material or work shall be performed by the Contractor at its expense and in accordance with the technical specifications . Should tests in addition to those required by the specifications be desired by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner' s expense , unless additional tests are required due to Contractor' s work or materials having failed any initial test. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on materials or work in place , including reasonable stoppage of work during testing . GC 33 SUBSTITUTION . The naming of a specified product of specific manufacturers for equipment or materials under the various items of specifications or as shown on the plans shall be interpreted as establishing a minimum standard of quality and performance . It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified , unless the materials are specifically designated as not permitting substitution . Prior to proposing any substitute item , Contractor shall satisfy itself that the item proposed is equal or better to that specified , that such item will fit into the space allocated , that such item affords comparable ease of operation , maintenance and service , that the appearance , longevity and suitability for the climate are comparable , that by reason of costs savings , reduced construction time or similar Inn demonstrable benefit , the substitution of such item will be in Owner' s interest and will in no way detrimentally impact the project schedule . The burden of proof that such an item offered is equal in all respects to that specified shall be the Contractor' s . Contractor shall submit drawings , samples , data and additional information as may be required by Owner. All requests for substitutions , with supporting 38 325/2010 9: 55:46 AM An i1I I,In AInn) In nn nn In In In r rFn .. . . . _ _ . .. . _ . , . . �. . _ r M z . It el information , shall be submitted by and at the expense of Contractor. At least 35 days shall be allowed for Owner' s review . The Owner or its Engineer shall make the determination as to the acceptability of any substitution . Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contractor. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution . Contractor may make only two requests for substitution in the same category and Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests , unless otherwise approved by Owner. GC 34 CORRECTION OF DEFECTIVE MATERIALS OR WORKMANSHIP If any material , equipment or workmanship is determined by Owner, either during performance of the work , during final quality inspection or during the warranty period , to be defective or non in compliance with the specifications and the Contract, Owner shall notify Contractor in writing that such material , equipment or work is rejected and the Owner reserve the right to withhold payment on any such item . Contractor shall , at its own expense , immediately remove and replace or correct such defective material , equipment or work by making the same strictly comply with all requirements of the drawings , specifications and contract. If Owner or Engineer deems it inexpedient to correct work that has been damaged or that was not performed in accordance with the drawings , specifications and contract, an equitable deduction from the contract price shall be made for such work . GC 35 CORRECTION OF WORK , The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to meet contract requirements whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. Contractor further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the drawings and specifications for a period of one year from the final certificate of occupancy for the project ( or equivalent) or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the specifications Contractor shall commence final completion of nonconforming work and correction of the work within seven ( 7) days of written notice by the Owner and shall perform all such work in compliance with the objective standards commonly found in the construction industry of Indian River County , Florida . If the Engineer or the Owner deems it inexpedient to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore . GC 36 OWNER ' S RIGHT TO CORRECT OR COMPLETE WORK If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming work or fail to perform any provisions of this Contract , the Owner may , after three ( 3 ) calendar days written notice and opportunity to cure to the Contractor, without prejudice to any other remedy Owner may have , make good these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GC 37 CHANGES IN WORK . The Owner, without invalidating the Contract, may order written additions to or deductions from the work , the Contract price being adjusted accordingly . The Engineer, with the consent of the County , will have authority to make minor changes in the work not involving extra cost , and not inconsistent with the purpose of the work . If the Contractor believes that a variation or change justifies a modification in the Contract price , the Contractor may submit a request for change order at its expense . If a request for change order is made , the Contractor is not authorized to vary the work unless a written Change Order or written Construction Change Directive is issued by the Engineer and executed by the Owner. No change order shall be valid unless executed by the authorized signatory of the Owner. The Engineer is not authorized to bind the Owner to change in contract price or time . The Contractor shall notify the Engineer 39 3/25/2010 9:55:46 AM It dd At " fI Zi tt it, , : 1. f IN I NNI, Irk IN IN Nr N IN I It $ s IN le ik rrk 'aIt It N it . IN 1 � k�Z, ,x akx , .r' v, s;+. k +r ,`,"-,s`+}'F,+'`', M`, #..�Y . ip ( ,%`fir k N,r ,"Ys. �' EC'`� . 5^v r 'x° ,q .4 le�yyvxINN- F2 �k9 z„ `. IN .. .. . All, . , x . , a . . #° , IN r : . „ � 9� 'Irk le within seven ( 7 ) days of any occurrence which , in the opinion of the Contractor, entitles it to an adjustment of the Contract price or a time extension . The Engineer will respond to the request for change order within ten ( 10 ) days of receipt of the Contractor' s notice . For the purposes of this paragraph , a day shall be defined as any business day , Monday through Friday , excluding holidays . The Engineer and Owner may issue an executed change order authorizing any changes in the Work , adjustments in the Contract price and extensions of time . Agreement on any Change Order shall constitute a final settlement and release by Contractor of all matters relating to the change in the work which is the subject of the Change Order, including , but not limited to , all direct and indirect costs associated with such change and any and all adjustments to the Contract price and the Contract time . If a change order is not yet approved or cannot be agreed upon , the Contractor is authorized , upon issuance of a written Construction Change Directive ( CDD ) prepared by the Engineer and approved by the Owner, to proceed with such change on a time and material basis plus ten percent ( 10 % ) . The Contractor expressly acknowledges that commencing work without a written Change Order or Construction Change Directive executed by Owner in advance of commencement of work waives anv ' claim by Contractor to additional sums or time . Upon approval by Engineer and Owner as to any adjustments to the contract price and/or time for changes performed under a CDD , such approval shall be recorded by the preparation of a change order. The Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a change order. The Engineer shall have the authority to order minor changes in the work which do not involve adjustment to the Contract price or time and which are not inconsistent with the intent of the contract documents . A bond rider from the Surety shall be submitted to the County with each change order that increases the Contract price . GC 38 USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any substantially completed portions of the work . Such use by Owner shall not be construed as constituting final acceptance , and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any contract provisions ; provided that the Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use . However, if such use increases the cost or delays the completion of remaining portions of work , Contractor shall be entitled to an equitable adjustment under the contract. GC 39 CLEANING UP . Upon completion of any portion of the work , the Contractor shall remove at his own expense from the Owner' s property all temporary structures , equipment and surplus materials not required for later stages of work , rubbish , and waste materials resulting from his operations . Contractor shall make its own arrangements , at its own cost , for disposal of rubbish and waste materials . The Owner reserves the right to retain any surplus or salvage materials . GC 40 BASIC REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION The following items shall be completed as a condition precedent to substantial completion and prior to a request by the Contractor for inspection for substantial completion . In the event the Contract does not define substantial completion , the following are also conditions for final completion and acceptance : 1 . All general construction completed and the project components shall be clean and all systems fully functional . 2 . All mechanical and electrical work substantially complete , fixtures in place , connected , cleaned and ready for use . 3 . All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled . 40 125/2010 9:55:46 AM r +4t f }t IN I A AtA a A . . ,A A, ' �, , - , 3' _. . .,. .3w ` ' " ` "' „ 3's Af 4 . Issuance of all permits and certificates , inspections , and other approvals and releases by governing authorities required for Owner' s occupancy and use of the project. 5 . Project site shall be cleared of Contractor' s excess equipment and/or supplies and material . 6 . All sets of operation and maintenance manuals for all equipment shall have been submitted , as referenced in the technical specifications . 7 . Manufacturers ' certifications and warranties shall be delivered to Owner. 8 . All operations and maintenance manuals for all equipment shall be delivered to Owner. 9 . All required spare parts , as well as any special devises and tools shall be delivered to Owner. 10 . All keys and blanks shall have been provided . 11 . Punch list of items required to render the construction services complete , satisfactory and acceptable to the Owner. If the Contract provides for a multi - phased or multi -structure project , a punch list must be developed for each phase or structure . Contractor shall arrange a joint site and project inspection (s) with Engineer for inspection for substantial completion and development of a punch list for the completion of construction services . Said punch list shall be prepared not later than thirty ( 30 ) days after the inspection for substantial completion . AAA Punch list items recorded as a result of inspections for substantial completion shall be corrected by the Contractor prior to any request for final inspection and acceptance . If substantial completion is not obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer or design professional for any subsequent inspections for the purpose of determining substantial completion shall be the responsibility of the Contractor and shall be assessed against the final payment application . GC 41 FINAL INSPECTION AND ACCEPTANCE The following items shall be completed as a condition precedent to a request by Contractor for final inspection : 1 . Completion of all punch list items recorded from the substantial completion inspection . 2 . A complete set of mylar or paper marked -up as- builts with " RECORD " or "AS BUILT" clearly printed on each sheet along with one copy on AutoCAD CD Release 14 or better on State Plane Coordinates . Contractor shall accurately and neatly transfer all deviations from progress as- builts to final as- builts . As-built records shall include drawings signed and sealed by a registered land surveyor certifying the elevation and location of improvements . Certified drawings are to show locations , lines and grade of buried pipe line four (4 ) inches or larger in diameter and exterior to buildings , and other buried facilities (e . g . valves , tanks , vaults , storm inlets , ducts , etc . ) installed or discovered as a result of the work . Certified drawings are to show building corners , sidewalks , paved areas and the location of all above ground structures within the project site . Contractor shall sign each final record drawing and note thereon that the final as- builts are complete and accurate . 3 . A complete set of marked -up specifications with " RECORD" or "AS- BUILT" clearly printed on the cover. Contractor shall accurately and neatly transfer all deviations from progress specifications to final as-builts . 4 . A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the work . 5 . A list of each piece of equipment having an individual value of $ 500 or greater. The list shall include , at a minimum , the name , make and model number, quantity installed , value of equipment . Contractor shall inform Owner in writing that work is ready for final inspection . The Engineer will , within five (5) business days , make such inspection . When Engineer finds the work acceptable under the Contract and all contract terms and conditions fully performed , Engineer shall issue a Final Certification to Owner. GC 42 EXTENSION OF TIME . The time limit for the completion of the work as described in the Contract is of the essence of this Contract. Contractor must request an extension of the contract completion date in writing and must 41 325/2010 9:55:46 AM At A i 777777777 % } 4 4y+ - { r _ r . < i , i 1 In IF Flne 11 IF , , >_. : . ,. 3 �, 'iz... , , �-�,3,�a �",' In : L 'ne- .. ,r`,a ' rrkF.h, s; i' .� .4 ;t Fee '" 7€ ` p aIm 'a ` r. .#, , Ili . i"Fr s dE�. -,r " r n+ , tt,. , Fk provide the following information within seven ( 7 ) days of commencement of the delay . Contractor acknowledges that the evaluation of time extensions will be based on the following information : 1 . All schedule updates , submittals and other conditions of the Contract have been met; 2 . The delay is beyond the control of the Contractor and subcontractors and due to no direct or indirect fault of the Contractor. 3 . Nature of the delay . 4 . Dates of commencement / and end of delay . 5 . Evidence that the delayed work results in a direct delay to the schedule critical path . 6 . List of tasks/work affected by the delay . 7 . Anticipated extent of delay . 8 . Recommended action to minimize delay . 9 . The Contractor has used all the float time available for the work involved in the delay request. Time extensions for weather delays will only be considered if all float time is exhausted prior to the weather occurrence . Failure of Contractor to timely request a time extension constitutes a waiver by Contractor and a denial of a time extension . If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner, or if any employee of the Owner or by any separate Contractor employed by the Owner or by any changes ordered in the work , by labor disputes , fire , or unusual delay in transportation , unavoidable casualties or any causes beyond the Contractor's control or by delay authorized by the Owner pending resolution of disputes , and such delay extends the Project completion date , Substantial Completion shall be extended by Change Order for such reasonable time as the Owner may determine . Fee GC 43 NO DAMAGES FOR DELAY: EXCLUSIVE REMEDY , The Contractor expressly agrees that a change order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact- based claims ( hereinafter collectively "delay" ) or for delay attributable to any foreseen or unforeseen condition , or for delays claimed to be the result of active , intentional , knowing or passive interference by the Owner, Engineer, or agents of either, and waives claims for any and all damages which it may suffer by reason of such claims , including but not limited to , lost profits , loss or impairment of bonding capacity , destruction of business , overhead , supervision , extended unabsorbed 11 home office overhead , increase insurance costs , lost profits on alternate or unperformed contracts . Contractor hereby affirms that an extension of time is the Contractor' s sole and exclusive remedy . Apart from extension of time , no payment of claim for damages shall be made to the Contractor as compensation for damages for any delays in the work , whether such delay be avoidable or unavoidable . GC 44 PAYMENT PROCEDURE . GC 44A Contractor' s invoices shall reference the bid number. Submittals of estimates and invoices for payment must be directed to : Indian River County — Accounts Payable , The County will not be responsible for any delay in payment at the County if Contractor submits his estimate and invoice to any other address . GC 44 . 2 Initial Payment . Prior to submittal of its initial payment request , Contractor shall have submitted the following items to the Engineer: 1 . List of Subcontractors and suppliers 2 . Project schedule 3 . Schedule of values 4 . All current certificates of insurance 5 . Designation of Contractor' s Project Manager 42 3/25!2010 9: 55:46 AM Fell n- I In Fee 11 n 11 71 IF n 1 - 77777777% IF en IF Inn F IF IF F r—I In S 4 k a sIF zTV T7�IT IT I IN IN GC 44 . 3 Progress Payments . Not more than once each month , the Contractor shall prepare and submit a detailed estimate and payment request on a standard AIA form , covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last day of the preceding month , together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall also include the cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work . Partial Release ( s ) of Lien and Subcontractor Utilization Report shall be submitted with each payment requisition to verify payment( s ) to subcontractors and material suppliers . GC 44 . 4 In accordance with the Local Government Prompt Payment Act, until the Project is determined to be 50 % complete , the Owner shall withhold retainage of ten percent ( 10 % ) from each progress payment pay to the Contractor based on the Contractor' s estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. GC 44 . 5 After the Project is determined to be 50 % complete , the Owner shall withhold ON retainage of five percent ( 5 % ) from each progress payment pay to the Contractor based on the Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. Contractor may present to Owner a payment request for up to one-half of the retainage held by Owner. If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage , Owner may continue to hold such retainage . GC 44 . 5 Final payment may be made to certain select Sub-contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon advance written approval of the Owner and Surety . GC 44 . 6 If there remain items to be completed , the Contractor and Owner shall list those items required for completion and the Contractor shall require the retainage of a sum equal to 200 % of the estimated cost of completing any unfinished items , provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately . GC 44 . 7 The Contractor shall timely pay and not withhold payments to Sub-Contractors if such payments have been made to the Contractor. Should this occur for any reason , the Contractor shall immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as required . GC 44 . 8 Substantial Completion . Following determination by the Engineer of substantial completion , Contractor shall separately list each item of the punchlist required for final completion and the estimated cost of completing each item . Provided all pre-requisites for substantial completion have been met, Contractor may submit a special payment request along with the cost list for unfinished work . The County may retain a sum equal to 150 % of the estimated cost of completing the unfinished items . GC 44 . 9 Final Payment . In case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a Surety or Performance bond . Upon issuance of a Final Certification by Engineer, and completion of all of the following items , Contractor may submit its final invoice . 1 . Notarized and corporate sealed Final Release of Liens from all sub-contractors and suppliers . 43 3!25/2010 9:55:46 AM I IT IN Ne IT IN; IN II ' tar ..vIN IN ' 4 ; s IN IN J I Le f _ 74 W10 I I 51 1 9 .s;K ` y ' Le'2,-y * .> 2 . Notarized and corporate sealed Final Release of Liens from Contractor. 3 . Consent of surety for final payment . 4 . All pre- requisites for substantial completion and final completion have been met . The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled . GC 44 . 10 Withheld Payments . The Owner may withhold or, on account of subsequently discovered evidence , nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a . Defective work or material is not remedied . b . Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against the Contractor. C . Failure of the Contractor to make payments to sub-contractors or for material or labor. d . Damage to another Contractor. e . Contractor is in default of any contract condition . f. Contractor fails to submit information required by this Contract. g . Contractor consistently fails to perform work in accordance with the Contract Documents . h . Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid . i . Contractors insurance coverage lapsed . j . Owner has a right to claim liquidated damages . When the above grounds are removed or the Contractor provides a Surety or Performance Bond satisfactory to the Owner, which will protect the Owner in the amount withheld , payment shall be made for amounts withheld because of them . GC 44 . 11 The provisions of the Local Government Prompt Payment Act , Section 218 . 70 et seq , Fla . Stat. , are incorporated by reference herein . The Act provides payment due dates , addresses , I nterest and payment dispute resolution . GC 45 LIENS . Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner complete releases of all claims or liens arising out of this Contract, or receipts in full in lieu thereof and , if required in either case , an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed ; but the Contractor may , if any sub-contractor refuses to furnish a release or receipt in full , furnish a bond satisfactory to the Owner, to indemnify the Owner against any claim or lien ( in cases where such payment is not already guaranteed by Surety or Performance Bond ) . If any claim or lien remains unsatisfied after all payments are made , the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien , including all costs and reasonable attorney' s fee . GC 46 CONSTRUCTION PERFORMANCE BOND . ( if required ) (A) In accordance with the provisions of Section 255 . 05 , Florida Statutes , the Contractor shall provide to the Owner, on forms furnished by the Owner, a 100 % Performance Bond and a 100 % Labor and Material Payment Bond ( " Bond " ) each in an amount not less than the total Cost of the Project as defined in Article II . The Bond shall incorporate by reference the terms of the Contract Documents in its entirety . Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond : 44 3/25/2010 9:55:46 AM Tim If �Vll � 3 PI x t a 7y r ?AP;y �t „r;.TAW A ' n`ww„+' m^ .. R , -, ',,:,z ' .. .�" w st �. + � ., s', tA-t '�o ,� r .fi sbs s k .ai' � �" ' ` . p _ ,� n, x � A4 I A111% 7 " Surety expressly agrees to be bound by all terms and conditions relating to liquidated , delay and time or impact related damages , and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law . " ( B ) Contractor' s Surety agrees , moreover, to be bound by all terms and conditions related to delay and liquidated damages . Except as otherwise agreed to in writing , the Contractor' s Surety waives all rights against the Owner and any of its agents and employees , for damages or other causes of loss by Contractor' s Surety performance of its obligations under the performance bond , including claims by Contractor' s Surety against the Owner for costs it asserts were not warranted by these Contract Documents and excluding only such rights as they have to proceeds of such insurance held by the Owner as fiduciary . This waiver of subrogation shall be effective as to a person or 11 entity even though that person or entity would otherwise have a duty of indemnification , contractual or otherwise , did not pay the bond premium directly or indirectly , and whether or not the person or entity had an insurable or suretyship interest in the property allegedly damaged . ( C ) To be acceptable to The Owner of as Surety for this Project, a Surety Company shall comply with the following provisions : ( 1 ) The Surety Company shall have a currently valid Certificate of Authority , issued by the State of Florida Department of Insurance , authorizing it to write surety bonds in the State of Florida . (2 ) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code . (3 ) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code . (4 ) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to Proposal is issued . ( 5 ) The Surety Company shall have at least the ratings of A-Class V in the latest issue of Best' s Key Rating Guide . (6 ) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten ( 10) percent of its surplus to policyholders , provided : ( a ) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section . These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida , Department of Insurance to do business in this state have been met . ( b ) In the case of the surety insurance company, in addition to the deduction for reinsurance , the amount assumed by any co-surety , the value of any security deposited , pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted . GC 47 INSURANCE . 1 , The Contractor shall maintain and pay for such insurance , issued in the name of the Owner and naming the Owner as an Additional Insured , with such coverages as will protect the Owner from contingent liability under the Contract, as set forth in the Special Conditions 2 . Coverages . See Special Conditions . 45 3/25/2010 9:55:46 AM '3 ' . . , . . , . , � ,. , ' .. , ,. , . _ { . r . . . � . .. .. A'A477 X 3 5 rf 3 s » n, a "r hs r r 'fix At iCAA . 1 It '; .r' .., i i .fi .. t.: w �x � � , a ° VVVV .,. ,r; �.ry ; " ' '°_ , „ _ ., . <„ b- : _ , . Net AN 3 . The Certificate of Insurance and policy endorsements or riders shall name the County as "ADDITIONAL INSURED" with respect to all Liability coverages . Contractor shall provide IN evidence of continued coverage in the event of renewal or policy termination . Owner may withhold payment to Contractor until evidence of insurance coverage is received . 4 . These insurance requirements shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract. 5 , The Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the work . 14 GC 48 INDEMNITY . Contractor agrees to protect, defend , reimburse , indemnify and hold the Owner, its agents , employees and elected officers and each of them (collectively ) , free and harmless at all times from and against any and all claims , liability , expenses , losses , suits , costs , fines and damages , including attorney fees and costs , and causes of action of every kind and character against the Owner by reason of any damage to property or the environment, or bodily injury ( including death ) incurred or sustained by any party hereto , or of any party acquiring any interest hereunder, and any third or other party whomsoever, or any governmental agency , arising out of or incident to or in connection with Contractor ' s performance under this Contract , Contractor' s acts , omissions or operations hereunder, the site conditions , or the performance , non - performance or purported performances of the Contractor or any breach of the terms of A IN this Contract ; to the extent caused by the negligence , recklessness , or intentional wrongful misconduct of Contractor and persons or entities employed or utilized by Contractor in its performance . (§ 725 . 06 F . S . ) A. GC 49 DISPUTE RESOLUTION , NAN Final Completion . Notwithstanding any other provision , the parties agree that any unresolved dispute regarding the punch list or any other requirement for Final Completion shall be mediated with the A IN Engineer as the mediator. Waiver of Arbitration . The Owner and Contractor agree expressly waive any and all provisionsIN - it regarding arbitration , including any and all provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract Documents , GC 50 OWNER'S RIGHT TO TERMINATE CONTRACT FOR CAUSE If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors , or if a receiver should be appointed on account of his insolvency , or if he should IN persistently or repeatedly refuse or should fail , except in cases for which extension of time is provided , to maintain an established schedule ( 30 days behind a critical path activity) , to supply enough properlyCA skilled workmen or proper materials ; or if he should fail to make prompt payments to subcontractors or for material or labor or persistently disregard laws , ordinances or the instructions of the Engineer, or IN I otherwise fails to conform to the Contract requirements or abandons or refuses to perform any work , Owner may without prejudice to any other right or remedy , and after giving the Contractor and its Surety 11 A AN seven (7) calendar days written notice , terminate the employment of the Contractor and take possession IN of the premises and of all materials , tools and appliances thereon , and finish the work by whatever IN method Owner may deem expedient . In such case , the Contractor shall not be entitled to receive any further payment until Contractor cooperates with Owner and complies with all reasonable requests regarding the terminated work , the work is finished nor shall it be relieved from its obligations . If the unpaid balance of the contract price shall exceed the expense of finishing the work , including compensation for additional managerial and administrative services , this excess shall be paid to the Contractor. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Contractor ( excluding monies owed the Contractor for subcontract work ) . If the Contractor' s surety is directed or agrees to complete the Work , then all payments due after termination shall be made to the Surety until the Work is finished and the Contract price has been expended . The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents , this Contract and the Bond 46 3/25/2010 9: 55:46 AM 11 N A 11 11 AM"tA ifAN CIA %A INA if Y , bA AN # L ya "' ' vim.:' i`&�( r S 4 3 % 7 f 5 & 41 1 x ' 41 1 , t , d c .: If If ,x�. d4� ' .��� . .� ��QR ON +r, ,{ ,;f, a x4 �f+' , 'r+n ' �` „- k , ' ” � ,, " `xr-s y < a . d to fulfill all obligations of the Contract Documents for the Contract price in effect as of termination . The Surety may not assign those obligations without the written consent of the Owner. The Surety shall be responsible for the payment of all costs relating to the termination of the employment of the Contractor. [I% Contractor and its surety shall be jointly and severally liable for all costs in access of the Contract price for completion of the work and for liquidated damages . If, upon termination for cause it is determined that Contractor was not in default , the rights and obligations of the parties shall be as if the notice of termination has been issued for the Owner' s convenience . GC 51 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE 1 . The Owner may , at any time , without cause , order the Contractor in writing to suspend , delay or interrupt the Work in whole or in part for such period of time as the Owner may determine , or to terminate all or a portion of the Contract for the Owner's convenience . Upon such termination , Contractor waives any claim for damages , including loss of profits . Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the Owner orders a suspension , the Contract price and Contract time shall be adjusted for increases in the cost and time caused by suspension , delay or interruption . No adjustment shall be made to the extent that performance is , was or would have been so suspended , delayed or interrupted by another cause for which the Contractor is responsible ; or that an equitable adjustment is made or denied under another provision of this Contract . GC 52 CONTRACTOR OBLIGATIONS UPON TERMINATION . Upon receipt of written notice from the Owner of termination , the Contractor shall cease operations as directed by the Owner in the notice ; take actions necessary , or that the Owner may direct, for the protection and preservation of the work ; and except for work directed to be performed prior to the effective date of termination stated in the notice , terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders ; and turn over all marked up drawings and specifications showing progress to date . The Owner may assume and become liable at is sole discretion for obligations , commitments and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said Project. Owner shall reimburse the Contractor for any unpaid and earned Cost of the Project as of the date of termination , less damages or setoffs applicable under the Contract Documents , The Contractor shall , as a condition of receiving the payments referred to herein , execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights , as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such obligations or commitments . GC 53 REMOVAL OF EQUIPMENT . In the case of termination of this Contract before completion , from any cause whatsoever, the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and supplies from the property of the Owner, failing which the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor. GC 54 WARRANTY. Contractor shall warrant that all materials and equipment included in such Work will be new except where indicated otherwise in Contract Documents , and that such work will be of good quality , free from improper workmanship and defective materials and in conformance with the drawings and specifications . Contractor warrants all equipment, materials and labor furnished under this Contract against defect in design , materials and workmanship for a period of twelve ( 12 ) months from Final Payment , unless longer warranties are provided in the Contract Documents in which case the longer period prevails . The Contractor shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents . Notwithstanding any provisions in the Contract Documents to the contrary , this express warranty shall commence on the date the Owner obtains the final certificate of occupancy for the Project ( or equivalent) . The Contractor shall conduct, jointly with the Owner, a warranty inspection nine ( 9 ) months after the date of Final Completion . Upon receipt of Notice from the Owner of failure of any part of the guaranteed equipment or materials during the guarantee period , the defective parts or materials shall be replaced promptly with new parts or materials by theIr Contractor, at no expense to the Owner. 47 325/2010 9:55:46 AM s I .f rs - If If IY t r p t ,, st �^ wLI .,a t If If If _r. ., ..'�. . ... , .. F ,, zax . , ti�.+S �`... . ,W. . , � . . '.'' z .� .� . ._ . . ' , , . . ,. , �.,s' .. � ,Pan ,,. , �i ,� , k ILC .+� a ti I It I'veIII, j ,: a 51, `IN t 2, ' rcr �6.." WI a�..,� � . . , GC 55 ROYALTIES AND PATENTS . The Contractor shall pay for all royalties and license fees . Contractor indemnifies and shall defend and hold Owner and its representatives harmless from and against all claims , losses , costs , damages and expenses , including attorney fees in connection with any claims or actions based upon infringement of any patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor under the Contract . The Owner shall be responsible for all such loss when a Ice particular process or the product of a particular manufacturer, or manufacturers , is specified ; but if the Contractor has information that the process or article specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC 56 VERBAL AGREEMENTS . No verbal agreement or conversation with any officer, agent or employee of the Owner either It before or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All contract amendments or change orders shall be written and executed by both Owner and Contractor. GC 57 MISCELLANEOUS TERMS , GC 57 . 1 Headings . The headings contained in these General Terms and Conditions are provided for convenience only . GC 57 . 2 Integration , This Contract constitutes the entire agreement between Contractor and the Owner and supersedes all prior verbal and written agreements , understandings , negotiations and discussions between the parties hereto . The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after execution of ell the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. GC 57 . 3 Severability . The invalidity , illegality or unenforceability of any provision of the Contract shall not affect the validity , legality or enforceability or any other provision of the Contract and the Contract shall be construed and enforced in all respects as if the invalid , illegal or unenforceable provision is not contained herein . GC 57A Assignment. The Contractor shall not assign the Contract as a whole or in part without the written consent of the Owner, nor shall the Contractor assign any monies due or to ell become due to him hereunder without the previous written consent of the Owner and its surety . Assigning the Contract shall not relieve the Contractor or his surety from any contract obligations . GC 57 . 5 Specific Waiver. Any waiver issued by the Owner of any provision of the Contract Documents shall only be effective if issued in writing by the Owner and shall be specific, shall apply only to the particular matter concerned , and shall not apply to other similar or dissimilar matters . Either party ' s failure to enforce strict performance of any covenant , term , condition , promise , agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant , term , condition , promise , agreement or undertaking set forth herein , or waiver or relinquishment of the same covenant , term , condition , promise , agreement or undertaking at any time in the future . GC 57 . 6 Public Entity Crimes . By executing a Contract with Owner, Contractor certifies , in accordance with F . S . 287 . 133 , that Contractor, its affiliates , suppliers , subcontractors and consultants who will perform under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of the Invitation to Bid . 48 3/25/2010 9:55:46 AM It It It- keI lee wx M r } 'yS ' Y i t . . � 1+ v . . � � . x . . . _ . . .tf. H w ��.h. . `M _ .0 _ :m4,.,5.. t tT < � � � ..� -_..v , r r- .a.. v n. Prrrrrm _. .v. _ . .. i x r ,« . ., w: ,.... V ' III VI I IV It GC 57 . 7 Compliance with Laws . Contractor shall comply with all applicable County , State and Federal laws relating to the provision of services under this Contract, now or hereafter in effect . Contractor shall comply with all applicable County , State and Federal laws relating to wages , hours , and all other applicable laws relating to the employment or protection of employees , now or hereafter in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the work . Gr 57 "" i &s- Regc. irementy oontrastershall GGMPI r-with the Gity' sSmall Business OrdiRanGe set forth in Ghapter 66 of the Gity eferenGe Code , rcrcrcnv� GC 57 . 9 No Solicitation . Contractor has not employed or retained any person employed by the Owner to solicit or secure the Contract and it has not offered to pay , paid , or agreed to pay any person employed by the Owner any fee , commission percentage , brokerage fee , or gift of any kind contingent upon or resulting from the award of this Agreement. GC 57 . 10 Non -Collusion . Contractor certifies that it has entered into no agreement to commit a fraudulent, deceitful , unlawful or wrongful act, or any act which may result in an unfair advantage over other bidders or contractors . (FS . 838 . 22) GC 57 . 11 Equal Employment Opportunity ; Non - Discrimination . Contractor will not discriminate against any employee or an applicant for employment because of race , color, religion , sex , national origin or handicap . Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to race , color, religion , sex, natural origin or handicap . GC 57 . 12 Apprentices . If the Contractor employs apprentices on the project, the behavior of the Contractor and the Owner shall be governed by the provisions of Chapter 446 , Florida Statutes , and by applicable standards and policies governing apprentice programs and cc IV agreements established by the Division of Labor of the State of Florida Department of Labor and Employment Security . The Contractor will include a provision similar to the foregoing sentence in each subcontract . GC 57 . 13 Unauthorized Aliens . The Owner shall consider the employment by Contractor or its subcontractors , any alien not authorized to work by the immigration laws or the Attorney General of the United States . Such violation shall be cause for unilateral cancellation of this contract. GC 57 . 14 Right to Audit. Contractor shall maintain adequate records of the services for at least three ( 3 ) years from project occupancy . Owner, during Contractor' s business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit the Contractor' s books and records , at the Owner' s expense , with regard to the accounts and services provided to or on behalf of the Owner hereunder to ensure that all aspects of the Contract are being met. Failure by Contractor to permit such audit shall be grounds for termination of this Agreement by the Owner. IV GC 57 . 15 Independent Contractor. Contractor represents that it is properly experienced , licensed , equipped and financed to perform the work . Contractor acknowledges and agrees that it is an independent contractor of the Owner and is not an employee of the Owner and shall maintain control over its employees , subcontractors and work methods . Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit IV I maintained by the Owner; will not be covered by the Owner' s workers ' compensation insurance ; and will be solely and exclusively responsible for payment of all federal and state income , social security , unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the Owner to Contractor hereunder. 49 3/25010 9:55:46 AM IV . 77�$ Frr -777� 7777777W :p x g It IV S . r' bff 'W Yin 4 .3 3 . . � , . t + IF Im IF IF Imm IF IF 41 GC 57 . 10 Availability of Funds . The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose . GC 57 . 16 Litigation . In the event suit is filed to construe or enforce this Agreement , the prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in connection therewith , including , but not limited to , reasonable attorneys ' fees and costs through trial and appeal . IF I GC 57 . 17 Governing Law : Venue , This Agreement shall be construed and interpreted , and the rights of the parties hereto determined , in accordance with Florida law . The Owner and Contractor submit to the jurisdiction of Florida courts and federal courts located in Florida . The parties agree that proper venue for any suit concerning this Agreement shall be Indian River County , Florida , or the Federal Southern District of Florida . Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. GC 57 . 18 Notices . All written notices and other communications required or provided for under this Contract shall be sent by certified mail , return receipt requested , postage prepaid , in the case of mailing , or by overnight or same day courier, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby : to Owner : Indian River County Michael D . Nixon , P . E . 1801 27th St , Vero Beach , FL 32960 to Contractor : [to Contractor at the address listed on the first page of this Contract to the attention of the Project Manager] GC 57 . 19 Taxes . Contractor shall pay all taxes , duties and assessments imposed by law and applicable to the Contract . Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes . The Contract price shall include all taxes . GC 57 . 20 Public Records . Contractor shall comply with Chapter 119 , Florida Statutes , regarding access to public records . Failure of compliance may be grounds for termination by the Owner . SPECIAL TERMS AND CONDITIONS 1 . GENERAL INFORMATIONIF The original and one (1) copy of your bid shall be submitted to Procurement Division at the time and date specified . At the designated time and place , the County Procurement Official or designee will publicly open the bids . These documents constitute the complete set of specification requirements and bid forms . It is the responsibility of the bidder to insure that all pages are included . Therefore , all bidders are advised to closely examine this package . Any 50 9/20/2010 9:55:25 AM 4 IF F 17 IF I Ki r 7F7�7 ,777977rW , F £ `f , If I I IV If 14f , F, 4 e ..:. , .- �.{ IV If If If IfIV f � questions regarding the completeness of this package should be immediately directed to the Procurement Division . ALL BID PROPOSALS MUST BE SUBMITTED ON THE PROVIDED INVITATION FOR BID " PROPOSALS " FORM . BID PROPOSALS ON VENDOR LETTERHEAD/QUOTATION FORMS WILL NOT BE ACCEPTED . All bid proposals must be typed or written in ink , and must be signed in ink by an officer or employee having authority to bind the company or firm . SIGNATURES ARE REQUIRED WHERE INDICATED , FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF BID . Bidders shall not be allowed to modify their bids after the opening time and date . Bid files may be examined during normal working hours , after bid opening , by appointment only . Time is of the essence and any bid received after 2 : 00 P . M . on June 1 , 2011 whether by mail If or otherwise , will be returned unopened . The time of receipt shall be determined by the time clock located in the office of the Procurement Official . Bids shall be placed in a sealed envelope , marked in the lower left- hand corner with the Bid number, title , and date and hour bids are scheduled to be received . Bidders are responsible for insuring that their bid is stamped by Procurement Office personnel by the deadline indicated . The County shall in no way be responsible for delays caused by any other occurrence . Offers by telephone , telegram or facsimile shall not be accepted . For information concerning this bid , please contact : Indian River County, Purchasing Division 2 . REJECTION OF BIDS The Procurement Official reserves the right to reject any or all bids , in whole or in part , and to waive any informality in any proposal . Additionally , proposals may be considered irregular and may be rejected if the proposal : 1 ) does not strictly conform to the requirements of the bid ; 2 ) shows omissions ; 3 ) bid form is altered ; 4 ) additions are added which were not called for ; 5 ) is conditional ; 6 ) the unit prices are , in the opinion of the County , unbalanced either in excess or below the reasonable cost analysis values ; 7 ) abandonment of the project ; and 8 ) bids are over the approved budget for the project . 51 4/14/2011 10:52: 17 AM VI IV 1rAII II 3 I - If. IF s + ,2 . rb;. . - ;. au „ < cna. = � --s. ; w . IF 3 . BIDDER ' S UNDERSTANDING Bidders shall make all investigation necessary to thoroughly inform themselves regarding the bid , including visiting the work site to ascertain by inspection pertinent local conditions such as location , character and accessibility of the site , availability of facilities , location and character of existing work within or adjacent thereto , labor conditions , etc . The County shall make available to all prospective Bidders , prior to the receipt of bids , any available information that may beILI requested by Bidders . Any such data will be distributed to all prospective bidders as the best factual information available , without presumption of responsibility for its accuracy or for any conclusions that the bidder may draw there from . The Bidder shall accept the site or sites in their present condition . 4 . INSPECTION OF FACILITIES It is the bidder' s responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area , including possible interference from other site activities . Arrangements for bidder' s inspection of facilities and/or activity schedules may be secured from the Project Engineer, Michael D . Nixon , P . E . at ( 772 ) 226 - 1986 . Failure to visually inspect the facilities shall be cause for rejection of your bid . 5 . LEGAL REQUIREMENTS Federal , State , County and local laws , ordinances , rules and regulations that in any manner affect the items covered herein apply . Lack of knowledge by the bidder will in no way be a cause for relief from responsibility , ( 1 ) The County ' s Small BUGiRess QFd RaRGe No , 379011104 is made a paFt of these. dGG61rI by refe Fe Ge hereto , (2 ) In compliance with Florida Statute ( Section 287 . 087) attached form " Drug - Free Workplace Certification" should be fully executed and submitted with bid response . ( 3) The Uniform Commercial Code ( Florida Statutes , Chapter 672 ) shall prevail as the basis for contractual obligations between the awarded contractor/vendor and the County for any terms and conditions not specifically stated in the Invitation for Bid . IrI (4 ) The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose . 52 3/25/2010 9:55:46 AM If L" 77777 7/ 7� ,77` 777777qWerW F, 77 F F . 4 ✓ If fe IF I If fi y , _ pa . t ', -, d 9�`. �' ti c " sm..'*,E' ` xr,'�kE' "vu ...- .'" la; : % ,, ZZ " ' . . . . .e . . - 'g q ( 5 ) This Invitation for Bid shall be included and incorporated in the final award . The order of contractual precedence will be the purchase order or price agreement release , bid document (original Terms and Conditions ) , and response . Any and all legal action necessary to enforce the award will be held in the County and the contractual obligations will be interpreted according to the laws of Florida . 6 . CERTIFICATION , LICENSES AND PERMITS Vendor must include with his bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Indian River County Building Division and a current Occupational License for Indian River County in the name of the vendor shown on the bid proposal page . If awarded contract , vendor will be required to obtain an Occupational License for the County . It shall also be the responsibility of the vendor to submit , prior to commencement of work , any and all permits required to complete this contractual service at no additional cost to the County . 7 . SUBCONTRACTING If a vendor subcontracts any portion of a contract for any reason , he must include , in writing , the name and address of all Minority and Non - Minority subcontractors , their telephone numbers and extent of work to be performed . This information shall be submitted with bid proposal on the Schedule of Subcontractors . All Small Business Enterprise subcontractors must be listed on the Statement of Small Business Subcontractor Participation and this information submitted with bid proposal . The County reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award , or failed to deliver on time contracts of a similar nature , or who is not in a position to perform under this award . The County reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing . 8 . FEDERAL AND STATE TAX The County is exempt from Federal Tax and State Tax for Tangible Personal Property , The Procurement Official will sign an exemption certificate submitted by the successful bidder. Vendors or contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County , nor shall any Vendor/Contractor be authorized to use the County ' s Tax Exemption Number in securing such materials . 53 3r25M10 9: 55:46 AM 77 PA-, VV° `� x 2 VV ?t t JL V4 IV i s3 ' v Z [,k C # rt r r a v. . x. i r IN I II AIN - ars. x : r f .r" AN, *t . fi t a + ;' bk t. s (;� x 9s , v.:� l; . . . , " an8' t . ,,,P `,� '*� s �' ' a"`W AN �,te ' In I a , 9 . EEO STATEMENT Equal Opportunity , The County believes in equal opportunity practices which conform to both the spirit and the letter of all laws against discrimination and is committed to nondiscrimination because of race , creed , color, sex , age , or national origin . 10 . CONFLICT OF INTEREST The award hereunder is subject to provisions of State Statutes and County Ordinance . All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the County . Further, all bidders must disclose the name of any County employee who owns , directly or indirectly , interest of ten percent ( 10 % ) or more in the bidder' s firm or any of its branches . 11 . BID PROPOSAL COST Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety ( 90) days from the date of bid opening or time stated in special conditions . 12 . ERRORS/ERASURES/CORRECTIONS BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER . In the event of extension error(s ) , the unit price will prevail and the bidder' s total offer An will be corrected accordingly . In the event of addition errors , the extended totals will prevail and the bidder' s total will be corrected accordingly . Bidders may offer a cash discount for prompt payment . However, such discounts will not be considered in determining the lowest net cost of bid evaluation purposes unless otherwise specified in special conditions . Bidders should reflect any discounts to be considered in the unit prices bid . 13 . POSTING OF AWARD TABULATIONS Recommended awards will be posted for review by interested parties , at the Procurement Division , prior to submission through the appropriate approval process , and will remain posted for a period of five (5 ) calendar days . Bidders desiring a copy of the bid tabulation of the Invitation for Bid may request same be enclosing a self- addressed , stamped envelope with their bid . 54 3/25/2010 9:55:46 AM IN I INA, Ax In I"A Vn� �Ann inn n An AV VAN nh. . :F 'aANN I AN A 5 A I AI IIVI c ,. 5 k 3 't .+F inI: < . .., . . v. .n. ... .. s N 4. .. re . ,, , �, o- a`5 e.. . , + .. r . .. ... . , . . . . .. , . ..r. vim _ _ .. _ f .- is ., 7T, 7777W777 ; 41 A If Ifa a eta r� » a fx4 3 14 . ADDENDUM No interpretation or changes to the meaning of the Sealed Bid will be made to any Bidder , except by written addendum . All questions regarding this bid should be submitted in writing and must be received no later than ten ( 10) calendar days prior to the closing date for bid submittal, addressed to: Jerry Davis , Manager County Purchasing Division All questions will be answered via addenda in a questions and answer format . 15 . ACCEPTANCE/REJECTION The County reserves the right to accept or to reject any or all bids and make the award to the bidder, who in the opinion of the County will be in the best interest of and/or the most advantageous to the County . The County also reserves the right to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award . The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing . The County reserves the right to waive any irregularities and technicalities and may , at its discretion , request a re- bid . 16 . SELECTION OF BIDDER WITH WHOM TO CONTRACT Selection will be based on the lowest responsible and responsive bidder. The ability to meet the County ' s construction schedule requirements will be a factor in determining responsiveness , along with the ability to meet all other requirements in the Invitation to Bid . The County reserves the right to determine whether the based bid construction schedule or the alternate construction schedule best fit the County' s needs and budget . 17 . PROTEST PROCEDURE Protest procedures are provided in Chapter 66 of the County Code of Ordinances of the County Procurement . A protest must be addressed to the Procurement Official , in writing , identifying the protester, the solicitation and the basis for the protest and must be received by the 55 3/25/2010 9: 55:46 AM ryry If Of ff « 3 S =. e V4 .41 ell y1 Y 'l s V r"w. ¢ tS #ti A. k ,,✓ 4- :- fr ".+. 1 5 l u -: x 3 S>n. "5 ; , c ,c , '�`# "b' , �+ L '` ' 7 w` ..' ` . roR,¢., c r a. 't r +xxst ' "s' '„7s ell Procurement Official within seven ( 7 ) calendar days of the first date that the aggrieved person knew or should have known of the facts giving rise to the protest . The protest is considered filed when it is received by the Procurement Official . Failure to file protest as outlined in the County Procurement Ordinance shall constitute a waiver of proceedings under the referenced County Ordinance , 18 . WARRANTIES The Contractor shall be required to provide a written one ( 1 ) year warranty covering all labor , equipment , and materials provided . If required , as specified elsewhere in these documents , the Contractor shall furnish to the County a surety or performance bond in the amount of 100 % of the contract value at time of signing contract . 19 . BID BONDS/DEPOSITS Each bid must be accompanied by a Bid Bond or Deposit in a sum of not less than five percent ( 5 % ) of the total bid . Bid Bonds and deposits amounting to less than one hundred dollars need not be submitted . All checks should be made payable to the County . If the successful bidder fails to deliver as indicated in the Special Terms and Conditions , does not conform to specifications or fails to perform as agreed upon , the County shall be entitled to retain the deposit to rectify the bidder' s unacceptable performance . The only types of acceptable suretyell will be : 1 . Bid Bond signed by a surety company authorized to do business in the State of Florida . 2 . Cashier Check . 3 . Certified Check drawn on a responsible financial institution . 4 . U . S . Postal Money Order, The County reserves the right to hold the bid security of the three ( 3 ) best value bidders until the contract is properly executed . Bid deposits of other unsuccessful bidders will be returned after award of the contract . 20 . PRE - BID SITE INSPECTION AND PRE - BID CONFERENCE SITE INSPECTION - NONE 56 3/25/2010 9:55:46 AM a ' �y Me - ell k el _ 3 .4 % .n , r �._. > . , .. a _� . . . _ ,+ . r u v , z u . . I . . } lee 11 1 ev Re le eir „ . . . . ,.k.+ . , a lK PRE - BID CONFERENCE - NONE 21 . TIME OF COMPLETION AND LIQUIDATED DAMAGES BASE BID — TIMEFRAME The work to be performed as part of the BASE BID project timeframe shall commence on the date of the written notice to proceed given by the County , which is anticipated to be issued on XXXXX XX , 2010 . All work that is to be performed as part of this contract shall be substantially lee completed by XXXXX XX , 2010 and totally 100 % completed by XXXXX XX, 2010 , with such extensions of time in calendar days as are provided for in the General Terms and Conditions outlined below. If said work is not substantially completed within the specified timeframes listed above , the contractor shall be liable and hereby agrees to pay the owner as liquidated damages , and not as a penalty , the sum of $ 1 , 148 . 00 dollars per calendar day between the date Substantial Completion of the work is achieved and the Final 100 % Completion date and or Acceptance by the County for each and every day or part of a day thereafter that said work remains incomplete . ell 22 . SPECIAL PROVISIONS The Contractor shall comply with the following special provisions as part of the contract for the Old Dixie Highway Sidewalk Improvements Project : ( 1 ) (A) BASE BID - TIMEFRAME The total time for the project construction will commence with a Written Notice to Proceed from the County that is anticipated to be issued to the Contractor on XXXXX XX , 2010 with the project being substantially completed by the Contractor on XXXXX XX , 2010 and totally 100 % completed by the Contractor on XXXXX XX , 2010 . ( B ) CPM SCHEDULE AND NARRITIVE The Contractor shall submit to the County as part of his bid submission , a detailed construction schedule in CPM format outlining the proposed progress of the work to be performed by the Contractor and his subcontractors for the BASE BID — TIMEFRAME . The Contractors CPM schedule for the BASE BID — TIMEFRAME shall include but not be limited to the demolition phasing dates of the work , manufacturing dates of all components , all phasing dates of the total work required for each component to be manufactured and installed , the start and completion dates for each phase of the individual components to be installed , street closure dates and durations including the start and completion dates of each phase . In addition to the CPM schedule for the BASE BID — TIMEFRAME , the Contractor shall submit , in narrative format , a detailed description of the means and methods for the Contractor' s work including but not limited to the mobilization and demobilization of all equipment and materials , the demolition 57 4/20/2011 10: 15:29 AM Ile le eel V, SieAl r ell . . < t . . ... isF . w > . . . .. .< . . _ , . . , . , ,. � ., . , lee 041, , _ IT I Itz II % lee s rt ff*I' v LIe a f l%lIll le led -7 y'. "f` 4 c „z> :.4 -I We dd.elUd d, Ne �W Sed t .� 4 : d 9 � .e W ` � ° $ �. p III, I V1 € r ~k, , b s ' ,. '� . Y '� 3y Py,Vit, f a I led led Ild . :._ I led k ell 4% 11 ell £ 1 .s .r ro° MON c" „ : "''"'�� > 'tea' u^ '; .` t � #�w ` a €I ,e red 11 dldeeded, `in .. „ �-:: d �- ,�� a . gra ell d; led aded el x . , � ,;e. �. ; ,.. .w - ,t 4 el sequencing of the work , the individual phasing sequencing of each component manufacturing and installation , the Contractor' s proposed manpower and equipment allocations and commitments for each phase of the work , the Contractor' s proposed work hours for each day to be worked , the phasing of road closures with their closure dates and durations , work sequence and days of the week the Contractor and his subcontractors will require from the County to complete the work within the time frames of the BASE BID — TIMEFRAME . The CPM schedules for the BASE BID — TIMEFRAME and narrative approach for the project will be used by the County in determining the best value in awarding the construction contract . led The contractor will not be allowed to change his submitted CPM schedule for the BASE BID — TIMEFRAME prior to and or after the Award of Contract and theled Notice to Proceed is issued by the County without prior written approval of the County ' s Project Manager. (2 ) The Contractor shall provide daily clean up of the project work area . Cleanup shall dee include but not be limited to removal of trash , construction debris , excavated materials and materials generated as a result of the demolition of the existing sidewalks , curbs and gutters , road way components . ' Ad ell ( 3) The Contractor shall restore all roadways immediately upon the completion of each segment and or phase of the construction . Such restoration shall be to the satisfaction of the PFF County . (4 ) The Contractor shall submit for the County review and approval , as part of his bid 1 . ell submission , a sample copy of his company ' s daily reporting format for reporting the progress of construction . This format shall include but not be limited to the detailing of all labor, equipment ell and materials used in the construction of the project along with the areas worked , type of work ell performed , problems encountered and daily weather conditions at the work areas . The led I Contractor will be required to submit to the County ' s Project Manager, copies of all daily reports completed by the Contractor' s personnel and his subcontractors at the beginning of the following work day for each day worked . ell (5) The Contractor shall be required to submit (2 ) copies of 8 1 /2 "x 11 progress color photos indicating the completion of the contract work with the dates that the work was performed , on a weekly basis to the County' s Project Manager . The Contractor shall also be IL required to submit as - built surveys , by a registered land surveyor licensed to do work in the State of Florida , on a weekly basis to the County ' s Project Manager that indicate the completion of contract work by the Contractor and his subcontractors . (6) The Contractor shall provide as part of the contract work , adequate sanitary facilities , within the fenced - in areas of the total project area , for the use of the Contractor' s workmen . ( 7 ) Street Lighting Systems Pedestrian Lighting Systems Electrical distribution Systems The Contractor shall at all times protect and maintain the operation of the existing street lighting systems , the existing pedestrian lighting systems and the existing underground electrical distribution systems within the project area including but not limited to all poles , conduits , wiring , pull boxes , transformers , switchgear assemblies , meter assemblies , service connection III led de assemblies and lighting fixtures that are located within the project whether shown or not shown 58 3/252010 9:55:46 AM Ted 7 TIT El t fdeeded a ,. 1;, 4 t�;.,�, s t I , dell dell -e kLZ de I 3ell Id s' xdd de' ' elijiV diK M,u ., ._ urn ? Fa -'��.a ,- „ce.a' .�ade Ill` ,'. , ' . . e , , �u . ,. t,. , . � ..: ,, . , , d, '�. ,,. , . . � ° ,a dy �. .. . _ ... . ,, . . . ,. , . ' .a . " -± lc '*'? �. . .. .. IV &It Ile' rtrxfik . IV 'F $ x x ` . , x a IV x a x * a ' .. ^ .•,<' . , 2 . ,.. Y'*r. ,v .. . a �a ,, . , .. . 3 ✓ � _ r p, , z ..o , 'i""f. , , c` ;; „„,, , v� � �' ki. � .^ r .. '.. . , on the contract drawings . The Contractor shall protect and maintain all existing landscaping and irrigation systems within the project area during construction . ( 8) , The Contractor shall maintain and provide a safe access for vehicles and pedestrians at all times within the project area , (9 ) Landscaping and Irrigation Systems - The contractor shall at all times protect and IV V maintain the existing landscaping and irrigation systems within the project area . 23 , INSURANCE PROVISIONS 24 , COMPLIANCE WITH REQUIRED CONTRACT PROVISIONS Bidders shall cite compliance with the Required Contract Provisions and shall execute and include the following in their bid proposals : 1 . Buy America Certificate of ComplianceIV 2 . Certification regarding Lobbying IVIle 3 , Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion - or explanation 4 . Bid Opportunity List , 5 . Certification of Non - Collusion VI 6 , Drug - Free Workplace Certification 7 , All prequalified contractors bidding on this project must include with their bid proposal a copy of their Certification of Current Capacity ( FDOT Form 375-020-22 ) and Status of Contracts on Hand ( FDOT Form 375-020-21 ) . IV Failure to include the above forms may result in a determination that the bid proposal is non - responsive . ( """Federal Wage Rages Must be Attached) End of Special Terms and Conditions IV Ike IV 14 , el 59 3/25/2010 9:55:46 AM IIV 711, 11 IV I le Ir V x sZVI s Ve ,i "r, k x , . A$ VC VJ I V , t . . . I II'a , w S x . .. . . r « � x f IF ly I IF ri 17 1 -3 ' t 3" r Jak t r,� w�' k ',a ,, , ,�" k . ., , � _ .. , ,qAl < _ ., . 71 IF BIDDER ' S BOND AND RELATING POWER OF ATTORNEY AND SURETY CERTIFICATE IF KNOW ALL MEN BY THESE PRESENT , that we , ( hereinafter called the Principal ) , and ( hereinafter called the Surety) , a Corporation chartered and existing under the laws of the State of with its principal offices in the County of and 1 , 14 authorized to do business in the State of Florida , and the County and having an Agent resident therein , such IF Agent and Company acceptable to the County in the full and just sum of Dollars ( $ ) good and lawful money of the United States of America , to be paid upon demand of the County , Florida , to which payment well and truly to be made we bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally and firmly by these present. WHEREAS , the Principal is about to submit , or has submitted to the County , Florida a proposal for the construction of Project No . 0845 , entitled Old Dixie Highway Sidewalk Improvements from Sta . 21 + 00 to 204 + 00 for said County ; WHEREAS , the Principal desires to file this bond in accordance with law, in lieu of a certified bidder' s check otherwise required to accompany this proposal . NOW THEREFORE , the conditions of this obligation are such that if the Proposal be accepted the Principal shall within ten ( 10 ) calendar days after receipt of notification of the acceptance thereof, execute a contract in accordance with the Proposal and upon the terms , conditions and price set forth therein , in the form and manner required by the County , Florida , and execute a sufficient and satisfactory Surety or Performance Bond payable to the County , Florida , in an amount of one hundred percent ( 100 % ) of the total contract price , as indicated in the proposal , in form and with security satisfactory to the said County , then this obligation to be void , otherwise to be and remain in full force and virtue in law; and the Surety shall upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above immediately pay to the aforesaid County upon demand the amount hereof in good and lawful money of the United States of America , not as a penalty but as liquidated damages . IN TESTIMONY THEREOF , the Principal and Surety have caused these present to be duly signed and sealed this day of 2010 . PRINCIPAL SURETY 60 3/25/20101 :31 : 19 PM Ile Lv t " 7 77 , - % IF IF I `4 i ' {. k e R cIF u . -`'_ . . . . , °... .. . . . . �, ., , a- _ i , z .ams ,,.�,, . ss -Sty IN d IN IN e Ill Idea I ele IN IN vNe ei ,. INDIAN RIVER COUNTY, FLORIDA SEALED BID NO . 2011045 PROJECT NO . 0 $45 PROJECT TITLE : OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM STA, 21 + 00 TO 204+ 00 SUBSTITUTION SHEET DESCRIPTION OR MAKE PROPOSED ADD DEDUCT BID ITEM NO , SPECIFIED SUBSTITUTION $ $ IN $ $ $ $ $ $ le $ $ $ $ $ $ 71 Ie 61 4/ 14/201111 : 13 : 06 AM IN x7 '7e 7771W,77' r Ty ' � ry �ININ � R p .. N ¢9. ; Nei % k £ x .3., i G ' r IN INNI 't le" II . _ ..,µ, , . . .�+"u`c s`' ; * a . � , a,r € :n . > .r . .� .,, � �K , . w ,-. . . .. .� , . v, . .. I. 1 v. � , . . . r: ' . n . .-, . �. >, » d _. . . I�dd Y `.. yx P , ' . � .; ''Idd i -'If rI %Inalte, ,'%U"`. ; ��, `�I ad �s�r ' ' , t . .,? , z INDIAN RIVER COUNTY SEALED BID NO . 2011045 PROJECT NO . 0845 PROJECT TITLE : OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM STA. 21 + 00 TO 204+ 00 CONTRACTOR VERIFICATION FORM THE FOLLOWING IS TO COMPLETED BY PRIME BIDDER : Name of Firm : Corporate Title : Address : (Zip Code ) By : ( Print name ) ( Print title ) (Authorized Signature ) Telephone : ( ) Fax : ( ) State License # (ATTACH COPY) County License # (ATTACH COPY) City License : (ATTACH PROOF OF REGISTRATION WITH THE CITY) IF Type of License : Unlimited (yes/no ) If " NO " , Limited to what trade ? 62 4/ 14/201 1 1 1 : 13 : 21 AM add 3 4i 3 } laf s r £Veda, 11 r a _ a s - a k a b k ", kw a 5 t e t t 4 IPP PIZ � w >• ,� t sPNPI I Pe- 1� c INDIAN RIVER COUNTY , FLORIDA SEALED BID NO . 2011045 PROJECT NO . 0845 PROJECT TITLE : OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM STA, 21 + 00 TO 204+ 00 LIST OF REFERENCES OWNER'S NAME PROJECT CONTACT TELEPHONE & ADDRESS PERSON NUMBER Ile 63 4/ 14/201111 : 13 : 37 AM Pee Z , Pe�PI tt s t a s r Y t ✓^ V/ PIZ, "` �! ark` t "a"t4 + " ^ - tPP y �v+� h .. y �' `,+S s JZe I+. xk,.- . . _. I v ri-v a ,k NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of } County of } being first duly sworn , disposes and says that : ( Name/s) 1 . They are of the Bidder that (Title) ( Name of Company) has submitted the attached bid ; 2 . He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid ; 3 . Such Bid is genuine and is not a collusive or sham Bid ; 4 . Neither the said Bidder nor any of its officers , partners , owners , agents , representatives , employees or parties in interest , including this affiant , has in any way colluded , conspired , connived or agreed , directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner , directly or indirectly , sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion , conspiracy , connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract ; and 5 . The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion , conspiracy , connivance or unlawful agreement on the part of the Bidder or any of its agents , representatives , owners , employees , or parties in interest , including this affiant . (Signed ) (Title) STATE OF FLORIDA } COUNTY OF INDIAN RIVER }SS : The foregoing instrument was acknowledged before me this (Date) by : who is personally known to me or who has produced as identification and who did (did not) take an oath . Ile Notary ( print & sign name ) Commission No , 64 3/25/20101 :31 : 19 PM el rIJ T7%77I�777777 ° weIT fV Id 51 1 zv VA e 1 l Ii t a IT lee Ie% ee"3r a . r k'Z 14 sgz _ a 11 ., , ' , r , , . h t ,€ .: Ld ,Il 47 INDIAN RIVER COUNTY FLORIDA TRENCH SAFETY COMPLIANCE Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 - 96) , Laws of FI . , effective October 1 , 1990 . The bidder further identifies the costs to be summarized below : Trench Safety Units of Unit Unit Extended Measure Measure Quantity Cost Cost { Description } { LF , SY} A . B . C . D . E . F . FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BID BEING DECLARED NON - RESPONSIVE , 65 3/25/20101 : 31 19 PM ,77 J y 4 L k ' Z 7 2 k 1747%e.,777 F"' .fie ' ' #f f y' 4 •, `r 7 y„ N ki, I s, % q I l a ka ke IV4 1 - I N I I I, V v A% is N k IT 1, IV s I, "A T VV sl c . s s- . i t .r ' . ` '� �P , ..'- s1 z + y x `:ttt' sly i'"_' c - BUY AMERICA CERTIFICATE OF COMPLIANCE CERTIFICATE OF COMPLIANCE � COMPLIANCE ? 4 yk The bidder hereby certifies that it will comply with the requirements of 23 C . F . R . 635 . 410 , as amended , and utilize only iron or steel manufactured in the United States , or components made with iron or steel that meet the Buy America requirements . Bidder acknowledges that it will be required to produce Buy America certifications ) from the producer( s ) of the steel or iron or components prior to incorporating any such materials into the work or project . Company Name : Authorized By : (Sign ) ( Print Name ) Title :IV Date : IV 66 3/25/20101 : 31 : 19 PM is Ilk 1 1 W7 IN t � ' s�IN as '�' aVI, �, %N�ZsZ all ' c la s �` a"s. s"' '� s -tz �. d,3 .% i r zsx t - IN CERTIFICATION REGARDING LOBBYING The undersigned Bidder/Contractor certifies , to the best of his or her knowledge and belief, that : ( 1 ) No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of an agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant , the making of any Federal loan , the entering into of any cooperative agreement, and the extension , continuation , renewal , amendment , or modification of any Federal contract , grant , loan , or cooperative agreement . (2 ) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract , grant , loan , or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL , " Disclosure Form to Report Lobbying , " in accordance with its instructions [as amended by " Government wide Guidance for New Restrictions on Lobbying " , 61 Fed , Reg . 1413 ( 1 / 19/96 ) . Note : Language in paragraph (2 ) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 ( P . L . 104-65 , to be codified at 2 U . S . C . 1601 , et seq. )] ( 3) The undersigned shall require that the language of this certification be included in the awards documents for all subawards at all tiers ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements ) and that all subrecipients shall certify and disclose accordingly . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 , U . S . C . 1352 ( as amended by the Lobbying Disclosure Act of 1995 ) . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such failure . [ Note : Pursuant to 31 U . S . C . 1352 ( 1 ) -(2 ) (A) , any person who makes a prohibited expenditure of fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such expenditure or failure] The Bidder/Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure , if any . In addition , the Contractor understands and agrees that the provisions of 31 U . S . C . A 3801 , et seq. , apply to this certification and disclosure , if any . Company Name : va Authorized By : ( Sign ) ( Print Name ) Title : Date : 67 3/25/20101 :31 : 19 PM la' IN AN % Ila la ,NNIN- IN4`NlN4JI`N P, IN IN al at, IN 41r Ila 4R, x . . . - _ v r a3 . . , l 1 } 11 F7 IF '�,� . rr . ,: „ x „a z. h. ` �. , . t 7 ,4, . u-: e vmar.. Fee Ft I Ze g;�` r .� ' +. z;r.r�, .> � .x �x .. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions The Bidder certifies that , the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal , investigator, project director, manager , auditor, and/or position involving the administration of federal funds : (a ) are not presently debarred , suspended , proposed for debarment , declared ineligible , or voluntarily excluded from covered transactions , as defined in 49 CFR s29 . 110 ( a ) , by any federal department or agency ; ( b) have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining , attempting to obtain , or performing a federal , state , or local government transaction or public contract ; violation of federal or state antitrust statutes ; or commission of embezzlement , theft , forgery , bribery , falsification or destruction of records , making false statements , or receiving stolen property (c) are not presently indicted for or otherwise criminally or civilly charged by a federal , state , or local governmental entity with commission of any of the offenses enumerated in paragraph ( b) of this certification ; and Pee (d ) have not within a three -year period preceding this certification had one or more federal , state , or local government public transactions terminated for cause or default . The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier , or vendor who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation . " Company Name : Authorized By : ( Sign ) ( Print Name ) Title : Date : 68 3/25/20101 : 31 : 19 PM s 77,771 < , < „ , Fee - F ^,tFell I IF I, 2 Y4 11 Fee I I It IF Fe a ri Inn If 11, If Zn M rtnf In44 e f s DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287 . 087 hereby certifies that in does : If 2 In ( Name of Business ) !% 1 . Publish a statement notifying employees that the unlawful manufacture distributioni d spensing , possession , or use of a controlled substance is prohibited in the workplace and specifying the actions In In that will be taken against employees for violation of such prohibition . 2 . Inform employees about the dangers of drug abuse in the workplace , the business ' policy of maintaining a drug -free workplace , any available drug counseling , rehabilitation , and employee assistance programs , and the penalties that may be imposed upon employees for drug abuse violations . 3 . Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection ( 1 ) . 4 . In the statement specified in subsection ( 1 ) , notify the employees that , as a condition of working on the commodities , or contractual services that are under bid , the employee will abide by the terms of the statement , and will notify the employer of any conviction of, or plea of guilty , or nolo contendre to any violation of Chapter 1893 , or of any controlled substance law of the United States , or any State , for a violation occurring in the workplace no later than five (5) days after such conviction . 5 . Impose a sanction on , or require the satisfactory participation in a drug abuse assistance , or rehabilitation program , if such is available in the employee ' s community , by any employee who is so convicted . 6 . Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section . As the person authorized to sign the statement , I certify that this firm complies fully with the above requirements . Bidders Signature Date in I In 69 3/25/20101 :31 : 19 PM fn4 If f � If 777777 , o- t '"+ ° s ' 1 A 1 A S z > 'k : Al, ,3z kAl ILIk , a, *w 5 " ll AA, . : "33 § ,. ; *t , . "�'^�. w r�.,r. i~ ' a `; vyf.Fr' ` * "A '�' ' cE:Ls =',�,�esa .� .*'+"" b.,f,„.. , w rr STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11A EQUAL OPPORTUNITY OFFICE ANTICIPATED DBE PARTICIPATION STATEMENT 02/08 1 . FINANCIAL PROJECT NO. 2, FAP NO . 3 . CONTRACT NO , 4. COUNTY( IES ) 5. DISTRICT 6 . PRIME CONTRACTOR NAME 7 . FEID NUMBER 8 . CONTRACT DOLLAR AMOUNT 9 . REVISION ? IF YES , REVISION NUMBER : 10 . IS THE PRIME CONTRACTOR A FLORIDA 11 . IS THE WORK OF THIS CONTRACT CERTIFIED " DBE" ? ( DISADVANTAGED ❑ NO CONSTRUCTION ❑ OR MAINTENANCE ❑ ? BUSINESS ENTERPRISE) ❑ YES 12 . ANTICIPATED DBE SUBCONTRACTS : PERCENT OF DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACT z DOLLARS A e 8 C D E F 11A TOTAL DOLLARS TO 11 B TOTAL PERCENT OF DBE'S CONTRACT $ 0 . 00 0 . 00 % 13 . SUBMITTED BY 12 . DATE 13. TITLE OF SUBMITTER 14. EMAIL ADDRESS OF SUBMITTER 15. FAX NUMBER 16 . PHONE NUMBER B NOTE : THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY IT FUNDED FDOT CONTRACTS . THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS . THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE . FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FOOT USE 17 .PROCESSED BY 18, DATE TO EO OFFICE 19. LETTING DATE 20. EXECUTED DATE 21 , PRECON CONF DATE DIS T 22 .SUBMITTED TO EO BYTo ❑ FAX F1 EMAIL SHARED FOLDER EO 23 .INCLUDED IN DBE PARTICIPATION REPORT OF MIDIY OFC V . i� �, A -1777777Al All4 U A waA _ T . Y , .. : . , � r. ,_ _ ., w. w _ , , . � 5 � ,,... _ . , . , , _.. . . � , _ _ A. 'AI „ . , ,_ . ., . .f . , �» , k! x f. 'a t' R C ^ kfr t ,.- , -, .,,. ,, +e S'i ' ' •rc+w ` . , s. x 4 a, <4 M , . �. ; „9` i',. - is . : ,. a za 4 „s: a 74`x. cry. � , ',-,� ,-;: �a`¢ti m, a?,,,.7 .$i r .r ."r ' '` :+ 'S'- ' . ` n ` vt� In In In I nn 77 'Inn In I s , _ r _„' ^'^m,"r�'+ v�st+ �c.. - 5,� , t .a �; � ..,z .a „§ ._ _ 51 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 700-011 -13 CERTIFICATION CONSTRUCTION 06/05 COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO ) . ” PROVISIONS ON FEDERAL AID CONTRACTS DATE FIN PROJECT I . D . CONTRACT NO . F prime contractor t < for the above referenced contract , hereby certifies that this company and all of it' s subcontractors have made every Good Faith Effort to comply with the EEO provisions of FHWA Form- 1273 (Section II . Nondiscrimination and Section III . Nonsegregated facilities) on this contract . Exception : In I The following subcontractor(s) have been found to be in noncompliance with the provisions stated above . Attached is notification sent to the respective subcontractor(s) explaining their noncompliance with these provisions . _ Subcontractor Name Subcontractor Name Street Address Street Address t City/State/Zip City/State/Zip " State of Florida A false statement or omission made in connection with County of this certification is sufficient cause for suspension , Sworn to and subscribed before me this day revocation , or denial of qualification to bid , and a determination of nonresponsibiity, and may subject the of by person and/or entity making the false statement to any in (Print name of person signing Certication) and all civil and criminal penalties available pursuant to applicable Federal and State law. Notary Public Contractor r k Commission Expires By Personally Known ❑ OR Produced Identification ❑ Title Type of Identification Produced Instructions : 1 . Attach copy of any notifications of noncompliance sent to each applicable subcontractor. 2 . List the subcontractors found not in compliance at the time of this certification . 3 . A separate certification is required for each contract. E 4 . To be signed by an officer or director of the Contractor with the authority to bind the Contractor and notarized . 5 . To avoid delay in payment , certification must be submitted to the Project Engineer no later than the Friday before the monthly estimate cutoff date (generally the 3`d Sunday of the month ) . In It LK nn aj In I I In In rIn . . . %% a ,, n , 4 , . . . . It % a If IINIV ,.,,, R. r „4 '. eye 1°#`2 r` .� "`w,, , .... e , se. . k'r # '' "-, , r.s ,^t;Ss 'et5 e � . , . ,rf t,b ZayK x ; a = .rr �.yy 'e`t lw ,2,2,e .s,2 2 � y, ✓ �a,WC � -s �, ,,.*«��'.'kap.,g.!eu' . 4 11 4, Of 0 It , ' i, . F g .. Tt;4. , lei STATE OF FLORIDA DEPARTMENT OF TRANSPORATION Form 275 -010- 12 CONTRACTOR' S PROJECT EEO REPORT Equal Opportunity 01 /09 1 . Check One 2 Name and Address 3 . FEID # or FDOT Vendor # Prime Contractor Subcontractor 4 . County 5 Financial Project No . . Contractor' s Beginning Work Date on Project 7 . FDOT Contract Number 8 . This report is based on Pay Period Ending (M/D/Y) l:- 9 . PROJECT EMPLOYMENT REPORT TABLE A TABLE B AMERICAN ASIAN or TOTAL TOTAL BLACK INDIAN or PACIFIC WHITE On- The-Job EMPLOYEES MINORITIES Not of Hispanic HISPANIC ALASKAN ISLANDER Not ri Hispanic Trainees (OJT) JOB CATEGORIES Origin) Origin) NATIVE M F M F M F M F M F M F M F M F Officials (Managers) Supervisors Foremen/Women f` Clerical Equipment Operators Mechanics t Truck Drivers Ironworkers Carpenters RR Cement Masons Electricians PipeStters, Plumbers c Painters Laborers, Semi Skilled Off Laborers, Unskilled TOTALS e TABLE C OJT TOTALS M F On- The-Job Trainees 1 10. If any employees reported in ` Table A ' are apprentices, state the name of the program, the job category, race and sex, t t . Summarize all hires for the entire active month by job category, race, sex (use additional sheet if needed) . 12. Preparer First, last Name and Title Area Code and Phone Number Date Prepared 13 . Reviewer First, last Name and Title Area Code and Phone Number Date Reviewed it 71W'77t M, if Of z s OFF .ria . , r ,.. , n .. . ,>vs . . . . . . . .. _.. , ,. . - , . . . , u . t _. . _ Off . .. IV q VI xr , S ? IV , , , ;''. �z ; t .�rX ri �;r �iY v , " ''% - _ �e;urv: s`� „ � . m . v +w: �;• ,Ati ,. le APPENDIX ` B ' PERMITS IV 15, a: Appendix B-Permits F :APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 169th (LAP) ROW Mapping Project (Morgan)\Admim\bid documents\APPENDIX B - PERMITS . doc h VC V2 V1 I IV _ ell e ,` i eIT le I *el I I 1ec }. b �, s n.: .3 s r :�, �'a � ` .# sstru � ` `^�, .e .. , vl 4. lee INDIAN RIVER FARMS WATER CONTROL DISTRICT 7305 4th Street Vero Beach , Florida 32968 (772) 562 - 2141 APPLICATION FOR CONNECTION TO OR USE OF DISTRICT FACILITIES Date: No. 1 ' 41 A. Applicant Information : Name : IV � � D dl' CCl[t11 C'OMH1551Dtf � PS Address : AT 2'l+f' StREgT _Y�ko 8� , Ft zyc o Authorized Agent and Title : Mod L'. Rpr-of RGSI d ewrj bg1me 455ee HIES IA4: Telephone Number: 5Gi- IPG 3G40G B. Proposed Connection or Use : (check appropriate box or boxes) NON-REFUNDABLE ❑ Culvert connection to District canal for irrigation or drainage $ 100 . 00 ❑ Pump connection to District canal for irrigation or drainage $300.00 Culvert and/or control structure in District canal for crossing and/or water storage (PrPEF5rh/ld gk jd EG ) $200.00 ❑ Other (specify) $ 100.00 Co Location: Tract Section S , Township 3a s Range 34 L= , Canal No. N k C Other appropriate description : otd DJxle Ffl 4w, !f orc.- tVpr% � 2� ( + e+ Property I , D . Parcel No. : Attach drawing to show details (include acreage to be served)_ SSE PL�IS SItrII�D ;'SEAGE2 � N BP, IRN J Krfr;AtLLT, pEt! 387,'7 AAf "A D. Details of proposed Construction : (Give diameter and length of culvert; diameter and rated capacity of pump; height and width of riser or other details on water control structure. ) NEW Af-Z) 5T/U 9/7 dirI LX6 r ynv yf�ieO7 my lv4L4.S. 9o',1qe6- i r 71PP %)/E Ek /s77�7 � C32/ Dr.�. Np N PiGt3 IAV o�"qL . P�loosr,:> &R o4 e E. Special Conditions: (for District use only) St£ /4T7/1 CtlLzD L i S r r�u A Cau � , -roti F. Estimated Date of Construction Commencement: 7 / / 5l/ o Estimated Date of Construction Completion : _ 121,36 110 G. As the Applicant for permit, I do understand and agree that: 1 . The use of, or construction within, the right-of-way of the Indian River Farms Water Control District will be in accordance with the details of the approved sketch and/or permit conditions shown hereon , supporting this application ; and if any changes are required, same will be cleared with the District. (Continued on Reverse hereof) Signed: � /X �i Date 6 ` / O -- /O t Applicant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ()For District Use Only) Application approved by: j f River F ter Control District Application approved by : r Carter Associates , Inc. , Engineer for District Date of approval : Expiration Date of this approved application : PERMISSION , WHEN GRANTED, WILL BE SUBJECT TO THE STANDARD PROVISOS SET FORTH ON THE REVERSE HEREOF. ell e ell le eael .' m 11 ell mmme, me } e I , }.., Ile 1 % � me III ee 1. .d � , y "�,fee " zt SYS , ,, `" atm .� �„k, �s ,lf ` mmT le a�` . - rax a ' c� .,m; ,«"' }' -x;.cq�, 'c s +S�s%FT } s�; , me effe e- I G. ( continued) 2 . I accept full responsibility for any erosion to or shoating in the District ' s canal or levee due to my work and I sha11 remove or repair same promptly and at no expense to the District , and I will prevent the discharge of any hyacinths or aquatic growth into the District ' s canal through my connection . 3 . I will neither plant trees or shrubs or erect any structure that will prohibit or limit the existing access of District equipment or vehicles without securing proper authorization thereof. 4. It is further understood and agreed that any other requirements of the District are binding upon me, the application , and I do hereby indicate acceptance of this notice thereof. 5 . It is further understood and agreed that the lands to be benefited by this request are , or may be , subject to flooding during periods of high water due to heavy rains or other acts of God, and that the permit will be accepted subject to this possibility which is recognized not to be within the control of the District . STANDARD PROVISOS 1 . Permittee assumes full responsibility for any construction , operation or maintenance of District property or right - of-way subject to this Permit and shall save and hold harmless District from any expense , loss , damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 2 . This Permit may not be assigned or subletted to a third party and any transfer of Permittee 's property abut- ting District ' s property or right - of-way shall ipsofacto and without move , cancel , nullify and revoke this Permit . 3 , This Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations , and is subject to revocation and cancellation upon thirty days ' notice from District to permittee . 4 . In no event shall the District be liable for any damages done or caused by the District to the Public , to Permittee or any other person using the right-of- way or property subject to this Permit, and Permittee shall save the District; its officers, agents, supervisors and employees harmless from any costs , charge or expense of claim or demand of any person against the District arising from or pertaining to any use made of the property or right-of-way subject to this permit. Permittee shall , at any time upon request of District , provide to District evidence , satisfactory to District , of liability insurance coverage , in amounts and with companies as may be requited by District , protecting the interests of District and naming District as an additional in - sured . 5 . The District may, on thirty days ' written notice to Permittee , require removal and/or alteration of any instal - lation or construction on District right- of-way. 6 . Any construction on District right- of- way or property and clean up shall be completed promptly by Permit- tee and in a workmanlike manner with minimum disturbance to existing beret, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation . 7 . Permittee shall advise District 's office prior to commencement and upon completion of all construction . (562-2141 ) 8 . Permittee shall not discharcre any pollutants , contaminants or deleterious materials into water or structures owned or maintained by, or subject to thejurisdiction of District , nor permit anything to obstruct the flow of v. ater, and shall save and hold District hamiless from any expense , loss or damage to District or others by any such discharge or obstruction , remedying or removing the same immediately upon request of District . � . Permittee, as a condition to the continuance of this Permit , shall reimburse District immediately upon de- mand, for any testing or other costs cr expenses to District associated with or arising from Perrnittee's use of District facilities . 10. Applicant is cautioned that electrical , water and sewer, or other installations or utilities may be located within the construction area , and applicant shall use diligent efforts to First detect and locate all such instal - lations arid shall coordinate construction with all other lawful users of said right-of-way. Applicant shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful fight-of- way users . 11 . This permit shall be considered to be a license only, for the limited purpose of installation , placement and maintenance of the improvements specified on the face hereof, and does not convey any other right , title or interest of the District in the subject right -of-way property. 12 . An as - buiit/location certification of all culvert/structure installations within the District 's canals /right - of- way shall be performed by a Florida Registered Professional Surveyor and Mapper on form provided by the District , and submitted to the District within thirty ( 30) days following completion of installation . If as - built certification is not received within thirty clays of installation , the District will either have certification completed at owner/ applicants expense or order removal of the installation . 1. 777 I In 2 .,> k� _ s, hsST,>'"' e '} , fi. t -, , %% . ,«` " ;Fr+'�,._ „ *`In r- L In, In SPECIAL CONDITIONS FOR PERMIT NO . 1041 FOR PROPOSED OLD DIXIE HIGHWAY PEDESTRIAN BRIDGE OVER NORTH RELIEF CANAL ( 1 ) This permit issued based on on-site meeting/inspection with Indian River County Roadway Production Manager, Michael D . Nixon, P . E . , Brian Good , P . E . , Indian River Farms Water Control District Superintendent, David E . Gunter and Marvin E . Carter, P . S .M . , and subsequent revised plans submitted under transmittal letter (dated December 1 , 2010) from Michael D . Nixon, P . E . (2) All proposed sidewalk within the District' s North Relief Canal right-of-way and proposed pedestrian bridge approaches shall be designed and constructed to withstand heavy canal maintenance equipment. (3 ) No signs or other above ground structures shall be so placed to preventlblock access of canal maintenance equipment from Old Dixie Highway around end of proposed guardrail to canal berm maintenance area . I -MEC\SPEC COND -PROVISOSIirfwcd-spec-cond4l O-4l . doc Inn I In— In I In g} In vn ne I . . ., . , ., . . ., _ . . .. ., _ -77M G ;x rk a . `• ?" , 3 °x i fiY.f-s "",k , 7�`e,',� MUW § , J E „ 4,`z .fs 'ca is✓, .G`` ' 'fi"3 a3` -. .. , . . _ n _ . , • , St . Jphns Ri V% kinotom~ Fr' Water Management DlStrIL I °' r tY B. Green 1 . Direr r David 4"r c sl:, ,�S�iUtanl €3 e.utxe G 'r',_lur e 4Q49 Reid Street P4: Bcx 1429 • Palatka. FL 32178 . 1 429 * (386 ) 329457 � ` ` '� On the Internet at floridasu;atecicrn_ March 11 , 2011VA 1. Indian River County Board of County Commissioners r 1801 27th Street :: ! ' Bldg A � i Vero Beach , FL 32960 j SUBJECT : Noticed General Permit 400-061 - 126858- 1 Dear Sir/ Madam : The District has received your notice to use a noticed general permit . Based on the submitted information , the proposed activity qualifies for a Noticed General Environmental Resource Permit pursuant to section 40C400 . 475 , Florida Administrative Code , so long as it is constructed and operated in accordance with that general permit and the general conditions set forth in section 40C-400 . 215 , Florida Administrative Code ( attached ) . Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project . Publication , using the District form , notifies members of the public (third parties ) of their rights to challenge the issuance of the general permit . If proper notice is given by publication , third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit . If you do not publish , a party' s right to challenge the issuance of the general permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation . A copy of the form of the notice and a list of newspapers of general circulation is attached for your use . If you do publish a notice , please submit a copy of the published notice to the District for our records . LL A copy of your application was transmitted to the U . S . Army Corps of Engineers for review . This authorization to use a noticed general environmental resource permit does not obviate the need for obtaining all necessary permits or approval from other agencies . Sincerely, Victor Castro , Division Director Division of Regulatory Information Management Enclosures : Notice of Rights List of Newspapers for Publication cc : District Permit File GOVERNING BOARD LL" :�. L��r,.= u l'Jxd , z Han. T r l , I . I r ;.F cv , - ._za r�'.aT' a•n C_;I" h. .:, c1, Jahn r1 f4 :l.s rv' C=.- Mhz C. Ba r a ;;•_ Mi&�oel Eiel Rich.3rd 13 "amajr:7: � r�n N n _-:_ Y14 �. . . e IA 4 s � AN 11 JVIV AV, AV " w `,"� :'"*' � kAI lA "� . n - i �NANA�IN . „ AN .iFA Ni 'C`' s nye A 5 „� IV VIA Agent : Arjuna Weragoda 1801 27th St Bldg A Vero Beach , FL 32960 AN Consultant : Brian Rheault IN 1402 Royal Palm Beach Blvd Bldg 200 West Palm Beach , FL 33411 1 ell ,i , '`u"�"^ z2r": *'"., r 15 , ' ,xR` 'MSY..s`, i„ y ., t �,° s ..,.d,� p , . , i *. : ara+* r �«` ' l . �,°` t x' t ;x '� = � "Ta , ,� s, . V ST . JOHNS RIVER WATER MANAGEMENT DISTRICT NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMIT PERMIT NO . 400-061 - 126858- 1 DATE ISSUED : March 11 , 2011 PROJECT NAME : Old Dixie Highway Pedestrian Bridge Over North Relief Canal A PERMIT AUTHORIZING . Construction of a sidewalk crossing over the North Relief Canal in the City of Vero Beach , a 0 . 021 -acre project to be constructed as per plans received by the District on February 22 , 2011 and revised sheet received on March 7 , 2010 , LOCATION : SECTION ( S ) : 15 TOWNSHIP( S ) : 32S RANGE ( S ) : 39E Indian River County Indian River County Board of County Commissioners 1801 27th Street Bldg A Vero Beach , FL 32960 The District received your notice to use a Noticed General Environmental Resource Permit pursuant to Chapter 40C-400 , F . A . C . on February 22 , 2011 . ell Based on the forms , design plans , and other documents submitted with your notice , it appears that the project meets the requirements for a Noticed General Environmental Resource Permit . Any activities performed under a Noticed General Environmental Resource Permit are subject to the general conditions as specified in Section 40C-400 . 215 , F . A . C . ( attached ) . Any deviations from these conditions may subject you to enforcement action and possible penalties . Please be advised that the Noticed General Environmental Resource Permit expires 5 years from the date on which the notice of intent to use a Noticed General Environmental Resource Permit was received by the District . If you wish to continue this noticed general permit beyond the expiration date , you must notify the District at least 30 days prior to the permit expiration date . A copy of your notice also has been sent to the U . S . Army Corps of Engineers ( USACOE ) for review. The USACOE may require a separate permit . Failure to obtain this authorization prior to construction could subject you to enforcement action and possible penalties . AUTHORIZED BY : St , Johns River Water Management District Department of Environmental Resource Permitting nn By: ( Service Center Director- Palm Bay) John Juilianna q V1 ii IV v 7 IV, % vn In TV III$ TV 4V IV , : a z '1 sn in $ iii �Aw ' xiS„kX . " 'A . .s,.�.. " .F3 ' 3` `ka riV FNm, % , .«+ F r "4, ><< ` MFI rF Fs >.� IF IF, In XX " EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 400 -061 - 126858 - 1 Indian River County Board of County Commissioners DATED MARCH 11 , 2011 1 . The terms , conditions , requirements , limitations , and restrictions set forth in this section are In general permit conditions and are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under part IV of chapter 373 , F . S . in 2 . The general permit is valid only for the specific activity indicated . Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit . A violation of the permit is a violation of part IV of chapter 373 , F . S . , and may result in suspension or revocation of the permittee' s right to conduct such activity under the TV I general permit . The District may also begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions . 3 . This general permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any construction , alteration , operation , maintenance , removal or abandonment authorized by this permit . 4 . This general 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 general permit and this chapter. 5 . This general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to : human health or welfare ; animal , plant or aquatic life ; or property . It does not allow the permittee to cause pollution in contravention of Florida Statutes and District rules . 6 . The authorization to conduct activities pursuant to a general permit may be modified , suspended or revoked in accordance with chapter 120 , and section 373 . 429 , F . S . 7 . This permit shall not be transferred to a third party except pursuant to section 40C-4 . 351 , F . A . C . The permittee transferring the general permit shall remain liable for any corrective Win actions that may be required as a result of any permit violations prior to sale , conveyance , or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located . 8 . Upon reasonable notice to the permittee , District staff with proper identification shall have permission to enter, inspect , sample and test the permitted system to insure conformity with the plans and specifications approved by the permit . 9 . The permittee shall maintain any permitted system in accordance with the plans submitted to the District and authorized by this general permit . 10 . A permittee ' s right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of five years . 11 . Construction , alteration , operation , maintenance , removal and abandonment approved by In In Infi 11 41 A a 'n n kIT % III rt s o. .; . a _ strf - � -s , i, ,. 2 . ,.' PF. k�-. �'s w. , . . _ - _ _ . S.. �oes . arm $ '" 5.. _ .� . , N . -. .. dv... 'ff "d x ,a df� if ,ti, . ,�„ it this general permit shall be conducted in a manner which does not cause violations of state water quality standards , including any antidegradation provisions of sections 624 . 242 ( I ) ( a ) and ( b ) , 624 . 242 ( 2 ) and ( 3 ) , and 6211,, 302 . 300 , F . A . C . , and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters . The perrmittee shall implement best management practices for erosion , turbidity, and other pollution control to prevent violation of state water quality standards . Temporary erosion control measures such as sodding , mulching , and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction . Permanent erosion control measures such as sodding and planting of wetland species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands or other surface waters exists due to the permitted activity . Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established . Thereafter, the permittee shall be responsible for the removal of, the barriers . The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources . 12 . The permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the construction , alteration , operation , maintenance , removal , abandonment or use of any system authorized by the general permit . 13 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate . 14 . The project must be constructed as per the final approved plans received by the District on February 22 , 2011 and revised sheet received on March 7 , 2011 . did It Itl 4, did I - I If Ile Ylk If KI .,. t a` s ,; s .i; y a "is `"„' s ' 3�, �.. f �" ,. 4 '� '� r .r x' .. "s \ 9, �'.,: .� `C r � Y alet . r,v _ ' IelIIIII, w a' �� F A ,. x � . ` 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 (c sirwmd . com , within twenty-six ( 26 ) days of the District depositing the notice of intended District decision in the mail (for those persons to whom the District mails actual notice ) , within twenty-one ( 21 ) days of the District emailing the notice of intended District decision (for those persons to whom the District emails actual notice ) , or within twenty-one ( 21 ) days of newspaper publication of the notice of intended District decision (for those If 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 . 14 1 2 . If the District takes action that substantially differs from the notice of intended District decision , a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District , but this request for administrative hearing shall only address the substantial deviation . Pursuant to Chapter 28- 106 and Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must be filed ( received ) at the office of the District Clerk at the mail/street address or email address described in paragraph no . 1 above , within twenty-six ( 26 ) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice ) , within twenty-one ( 21 ) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice ) , or within twenty-one ( 21 ) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice ) . A petition must comply with Sections 120 . 54( 5 )( b )4 . and 120 . 569( 2 )( c ) , Florida Statutes , and Chapter 28- 106 , Florida Administrative Code . Mediation pursuant to Section 120 . 573 , Florida Statutes , is not available . 3 . A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120 . 569 and 120 . 57 ( 1 ) , Florida Statutes , where there is a dispute between the District and the party regarding an issue of material fact . A petition for formal hearing must also comply with the requirements set forth in Rule 28 - 106 . 201 , Florida Administrative Code . 4 . A person whose substantial interests are or may be affected has the right to an informal Irl 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 . let I If If fee :. If If 'lI If If 115 e9fe, 11 It le ell I IV e Ur IVV Xe ,.�- Cpvr ",�h,"-.�s"S' 5 _ •,' s s u�, `4"'SfS "' ,.i' v ` ,� rG ,, +".t ' ^3 y*r +xsn . .II 31"` 'x ''. . a",' ` j 'IVa .y. ,� .- , z..a 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 re V VVV V IV VV e ` h Iv :. ir, IA I ' CI,, k Lr as r+ sa, 9.�^ Rz �s ,�' �'c t- 9a,, 4 g. a - 3 f� War Vt- r r � .Pr , r•£^ r . , -3s' +,p r , r +'l{ "r > > 4 . l+u, .. .. , L. s _ . , + a - . w a , r �.' . _ ' _. _ .-.,E 5 ._. �c k' _ Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U . S . Mail to : Indian River County Board of County Commissioners 1801 27th Street Bldg A Vero Beach , FL 32960 At 4 : 00 p . m . this 11th day of March , 2011 . Division of Regulatory Information Management Victor Castro , Division Director St . Johns River Water Management District Post Office Box 1429 Palatka , FL 32178 - 1429 ( 386 ) 329-4570 Permit Number: 400 -061 - 126858- 1 77, 777 ;s IVI ol le td Id El I' Lv s .'?, w ',x. t1 3i1„ ,' xre a ,, Y. ? �. 3 "` 5 �. ' ddI,ddddT n 1 s a Fhr*. _ dr �dl.ti - ,. , . , APPENDIX ` C ' FHWA- 1273 Appendix D- FIIWA- 1273 F :APublic Works\ENGINEERING DIVISION PRO,IECI 'S\0845 - Dixie Hwy Sidewalk USI _69th ( LAP )AAdmim\bid documents\APPENDIX C - FHWA 1273 .doc VI Ile >, IVIIr '' ' ' V1Y 1% ,s+ � �x ,fir ," 6V II VV 7 ` x � a� w' t„°C, .' � .+' . ., . , , .,�"� y;5'" ^. .e a lA REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page related subcontracts of $ 10 , 000 or more . ) I . General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II . Nondiscrimination 1 1 . Equal Employment Opportunity: Equal employment opportu - Ile III . Nonsegregated Facilities . . . . . . . . . . . . . . . . . . . . . . . . 3 nity ( EEO ) requirements not to discriminate and to take affirmative IV . Payment of Predetermined Minimum Wage . . . . . . . . . 3 action to assure equal opportunity as set forth under laws , executive V . Statements and Payrolls . . . . . . . . . . . . . . . . . . . . . . . . 5 orders , rules , regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60 ) VI . Record of Materials , Supplies , and Labor . . . . . . . . . . . 5 and orders of the Secretary of Labor as modified by the provisions VII . Subletting or Assigning the Contract . . . . . . . . . . . . . . . 5 prescribed herein , and imposed pursuant to 23 U . S . C . 140 shall VIII . Safety: Accident Prevention . . . . . . . . . . . . . . . . . . . . . 6 constitute the EEO and specific affirmative action standards for the IX . False Statements Concerning Highway Projects . . . . . . 6 contractor' s project activities under this contract. The Equal Opportu - X . Implementation of Clean Air Act and Federal nity Construction Contract Specifications set forth under 41 CFR 60 - Water Pollution Control Act . . . . . . . . . . . . . . . . . . . . . . 6 4 . 3 and the provisions of the American Disabilities Act of 1990 (42 XI . Certification Regarding Debarment , Suspension , U . S . C . 12101 et seq. ) set forth under 28 CFR 35 and 29 CFR 1630 Ineligibility , and Voluntary Exclusion . . . . . . . . . . . . . . . 6 are incorporated by reference in this contract . In the execution of this XII . Certification Regarding Use of Contract Funds for contract, the contractor agrees to comply with the following minimum Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 specific requirement activities of EEO . ATTACHMENTS a . The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations A . Employment Preference for Appalachian Contracts and in their review of his/her activities under the contract . (included in Appalachian contracts only) b . The contractor will accept as his operating policy the I . GENERAL following statement: 1 . These contract provisions shall apply to all work performed on " it is the policy of this Company to assure that applicants are the contract by the contractor's own organization and with the employed , and that employees are treated during employment , assistance of workers under the contractor's immediate superinten- without regard to their race , religion , sex , color, national origin , dence and to all work performed on the contract by piecework, station age or disability . Such action shall include : employment, work , or by subcontract. upgrading , demotion , or transfer; recruitment or recruitment advertising ; layoff or termination , rates of pay or other forms of 2 . Except as otherwise provided for in each section , the contractor compensation ; and selection for training , including apprentice- shall insert in each subcontract all of the stipulations contained in ship , preapprenticeship , and/or on-the-job training . " these Required Contract Provisions , and further require their inclusion in any lower tier subcontract or purchase order that may in 2 . EEO Officer: The contractor will designate and make known turn be made . The Required Contract Provisions shall not be to the SHA contracting officers an EEO Officer who will have the incorporated by reference in any case . The prime contractor shall be responsibility for and must be capable of effectively administering and Ile responsible for compliance by any subcontractor or lower tier promoting an active contractor program of EEO and who must be subcontractor with these Required Contract Provisions . assigned adequate authority and responsibility to do so . 3 . A breach of any of the stipulations contained in these Required 3 . Dissemination of Policy: All members of the contractor's staff Contract Provisions shall be sufficient grounds for termination of the who are authorized to hire , supervise , promote , and discharge contract . employees , or who recommend such action , or who are substantially involved in such action , will be made fully cognizant of, and will 4 . A breach of the following clauses of the Required Contract implement , the contractor's EEO policy and contractual responsibili - Provisions may also be grounds for debarment as provided in 29 ties to provide EEO in each grade and classification of employment . CFR 5 . 12 : To ensure that the above agreement will be met , the following actions will be taken as a minimum : Section I , paragraph 2 , Section IV, paragraphs 1 , 2 , 3 , 4 , and 7 ; a . Periodic meetings of supervisory and personnel office Section V, paragraphs 1 and 2a through 2g . employees will be conducted before the start of work and then not less often than once every six months , at which time the contractor's 5 . Disputes arising out of the labor standards provisions of Section EEO policy and its implementation will be reviewed and explained . IV (except paragraph 5 ) and Section V of these Required Contract The meetings will be conducted by the EEO Officer. Provisions shall not be subject to the general disputes clause of this contract . Such disputes shall be resolved in accordance with the b . All new supervisory or personnel office employees will be procedures of the U . S . Department of Labor ( DOL ) as set forth in 29 given a thorough indoctrination by the EEO Officer, covering all major CFR 5 , 6 , and 7 . Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors ) and the aspects of the contractor's EEO obligations within thirty days contracting agency , the DOL , or the contractor' s employees or their following their reporting for duty with the contractor. representatives . c. All personnel who are engaged in direct recruitment for the 6 . Selection of Labor: During the performance of this contract , project will be instructed by the EEO Officer in the contractor's the contractor shall not : procedures for locating and hiring minority group employees . a . discriminate against laborfrom any other State , possession , d . Notices and posters setting forth the contractor's EEO policy orterritory of the United States (except for employment preference for will be placed in areas readily accessible to employees , applicants for Appalachian contracts , when applicable , as specified in Attachment employment and potential employees . A ) , or e . The contractor's EEO policy and the procedures to imple- b . employ convict labor for any purpose within the limits of the ment such policy will be brought to the attention of employees by project unless it is labor performed by convicts who are on parole , means of meetings , employee handbooks , or other appropriate supervised release , or probation . means . II . NONDISCRIMINATION 4 . Recruitment : When advertising for employees , the contractor will include in all advertisements for employees the notation : "An VIA (Applicable to all Federal-aid construction contracts and to all Equal Opportunity Employer. " All such advertisements will be placed Form FHWA- 1273 ( Rev . 3-94 ) Page 1 allIKIVVIV h 11 1 + t ry y t -a' t, z- . r ,4 ak` z s , : `.Feel .+. : IF I IF?- a'� ; ; 'i ._ ; �, w. , _ „ z E3 ellelrx3IF in publications having a large circulation among minority groups in the minority groups and women within the unions , and to effect referrals area from which the project work force would normally be derived . by such unions of minority and female employees . Actions by the contractor either directly or through a contractor's association acting a . The contractor will , unless precluded by a valid bargaining as agent will include the procedures set forth below : agreement , conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority a . The contractor will use best efforts to develop , in coopera - group applicants . To meet this requirement, the contractor will tion with the unions , joint training programs aimed toward qualifying identify sources of potential minority group employees , and establish more minority group members and women for membership in the with such identified sources procedures whereby minority group unions and increasing the skills of minority group employees and applicants may be referred to the contractor for employment consider- women so that they may qualify for higher paying employment . ation . b . The contractor will use best efforts to incorporate an EEO b . In the event the contractor has a valid bargaining agreement clause into each union agreement to the end that such union will be providing for exclusive hiring hall referrals , he is expected to observe contractually bound to refer applicants without regard to their race , the provisions of that agreement to the extent that the system permits color, religion , sex , national origin , age or disability . the contractor's compliance with EEO contract provisions . (The DOL has held that where implementation of such agreements have the c . The contractor is to obtain information as to the referral effect of discriminating against minorities or women , or obligates the practices and policies of the labor union except that to the extent contractor to do the same , such implementation violates Executive such information is within the exclusive possession of the labor union Order 11246 , as amended . ) and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set c. The contractor will encourage his present employees to refer forth what efforts have been made to obtain such information . minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be d . In the event the union is unable to provide the contractor discussed with employees . with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor 5 . Personnel Actions : Wages , working conditions , and employee will , through independent recruitment efforts , fill the employment benefits shall be established and administered , and personnel actions vacancies without regard to race , color, religion , sex , national origin , of every type , including hiring , upgrading , promotion , transfer, age or disability; making full efforts to obtain qualified and/or demotion , layoff, and termination , shall be taken without regard to qualifiable minority group persons and women . (The DOL has held race , color, religion , sex , national origin , age or disability. The that it shall be no excuse that the union with which the contractor has following procedures shall be followed : a collective bargaining agreement providing for exclusive referral a . The contractor will conduct periodic inspections of project failed to refer minority employees . ) In the event the union referral sites to insure that working conditions and employee facilities do not practice prevents the contractor from meeting the obligations indicate discriminatory treatment of project site personnel . pursuant to Executive Order 11246 , as amended , and these special provisions , such contractor shall immediately notify the SHA. b . The contractorwill periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- 8 . Selection of Subcontractors , Procurement of Materials and natory wage practices . Leasing of Equipment: The contractor shall not discriminate on the grounds of race , color, religion , sex, national origin , age or disability c. The contractor will periodically review selected personnel in the selection and retention of subcontractors , including procure- actions in depth to determine whetherthere is evidence of discrimina- ment of materials and leases of equipment. tion . Where evidence is found , the contractor will promptly take corrective action . If the review indicates that the discrimination may a . The contractor shall notify all potential subcontractors and extend beyond the actions reviewed , such corrective action shall suppliers of his/her EEO obligations under this contract. include all affected persons . b . Disadvantaged business enterprises ( DBE ) , as defined in 49 d . The contractor will promptly investigate all complaints of CFR 23, shall have equal opportunity to compete for and perform alleged discrimination made to the contractor in connection with his subcontracts which the contractor enters into pursuant to this obligations under this contract , will attempt to resolve such com- contract. The contractor will use his best efforts to solicit bids from plaints , and will take appropriate corrective action within a reasonable and to utilize DBE subcontractors or subcontractors with meaningful time . If the investigation indicates that the discrimination may affect minority group and female representation among their employees . persons other than the complainant , such corrective action shall Contractors shall obtain lists of DBE construction firms from SHA include such other persons . Upon completion of each investigation , personnel . the contractor will inform every complainant of all of his avenues of appeal . c . The contractorwill use his best efforts to ensure subcontrac- 6 . Training and Promotion : tor compliance with their EEO obligations . 9 . Records and Reports : The contractor shall keep such records a . The contractor will assist in locating , qualifying , and as necessary to document compliance with the EEO requirements . IF increasing the skills of minority group and women employees , and Such records shall be retained for a period of three years following applicants for employment . completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the b . Consistent with the contractor's workforce requirements and SHA and the FHWA. as permissible under Federal and State regulations , the contractor shall make full use of training programs , i . e . , apprenticeship , and a . The records kept by the contractor shall document the on-the-job training programs for the geographical area of contract following : performance . Where feasible , 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or ( 1 ) The number of minority and non- minority group training . In the event a special provision for training is provided under members and women employed in each work classification on the this contract , this subparagraph will be superseded as indicated in the project ; special provision . (2 ) The progress and efforts being made in cooperation c . The contractor will advise employees and applicants for with unions , when applicable , to increase employment opportunities employment of available training programs and entrance require- for minorities and women ; ments for each . (3 ) The progress and efforts being made in locating , hiring , d . The contractor will periodically review the training and training , qualifying , and upgrading minority and female employees ; promotion potential of minority group and women employees and will and encourage eligible employees to apply for such training and promo- tion . (4 ) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful 7 . Unions : If the contractor relies in whole or in part upon unions minority and female representation among their employees . as a source of employees , the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for b . The contractors will submit an annual report to the SHA Page 2 Form FHWA- 1273 ( Rev . 3-94 ) In iff 'tti.„t7+re,f �z�y. ,rn , -'.i' 4 a�= C , ^'^ na . F= s F , .� , 'a I Inc each July for the duration of the project , indicating the number of b . Laborers or mechanics performing work in more than one minority, women , and non- minority group employees currently classification may be compensated at the rate specified for each engaged in each work classification required by the contract work . classification for the time actually worked therein , provided , that the This information is to be reported on Form FHWA- 1391 . If on-the employer's payroll records accurately set forth the time spent in each job training is being required by special provision , the contractor will classification in which work is performed . be required to collect and report training data . c . All rulings and interpretations of the Davis- Bacon Act and III . NONSEGREGATED FACILITIES related acts contained in 29 CFR 1 , 3 , and 5 are herein incorporated (Applicable to all Federal -aid construction contracts and to all by reference in this contract . related subcontracts of $ 10 , 000 or more . ) 2 . Classification : a . By submission of this bid , the execution of this contract or a . The SHA contracting officer shall require that any class of subcontract, or the consummation of this material supply agreement laborers or mechanics employed under the contract, which is not or purchase order, as appropriate , the bidder, Federal-aid construc- listed in the wage determination , shall be classified in conformance tion contractor, subcontractor, material supplier, or vendor, as with the wage determination . appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments , and b . The contracting officer shall approve an additional classifica - that the firm does not permit its employees to perform their services tion , wage rate and fringe benefits only when the following criteria at any location , under its control , where segregated facilities are have been met : maintained . The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further ( 1 ) the work to be performed by the additional classifica- certifies that no employee will be denied access to adequate facilities tion requested is not performed by a classification in the wage on the basis of sex or disability. determination ; b . As used in this certification , the term "segregated facilities" (2 ) the additional classification is utilized in the area by the means any waiting rooms , work areas , restrooms and washrooms , construction industry; restaurants and other eating areas , timeclocks , locker rooms , and other storage or dressing areas , parking lots , drinking fountains , (3 ) the proposed wage rate , including any bona fide fringe recreation or entertainment areas , transportation , and housing benefits , bears a reasonable relationship to the wage rates contained In facilities provided for employees which are segregated by explicit in the wage determination ; and directive , or are , in fact , segregated on the basis of race , color, religion , national origin , age or disability, because of habit, local (4 ) with respect to helpers , when such a classification custom , or otherwise . The only exception will be for the disabled prevails in the area in which the work is performed . when the demands for accessibility override (e . g . disabled parking ) . c . If the contractor or subcontractors , as appropriate, the C. The contractor agrees that it has obtained or will obtain laborers and mechanics ( if known ) to be employed in the additional identical certification from proposed subcontractors or material classification or their representatives , and the contracting officer suppliers prior to award of subcontracts or consummation of material agree on the classification and wage rate ( including the amount supply agreements of $ 10 , 000 or more and that it will retain such designated for fringe benefits where appropriate ) , a report of the certifications in its files . action taken shall be sent by the contracting officer to the DOL , Administratorof the Wage and Hour Division , Employment Standards IV. PAYMENT OF PREDETERMINED MINIMUM WAGE Administration , Washington , D . C . 20210 . The Wage and Hour Administrator, or an authorized representative , will approve , modify, (Applicable to all Federal-aid construction contracts exceeding or disapprove every additional classification action within 30 days of $2 , 000 and to all related subcontracts , except for projects located on receipt and so advise the contracting officer or will notify the contract- roadways classified as local roads or rural minor collectors , which are ing officer within the 30-day period that additional time is necessary. exempt. ) d . In the event the contractor or subcontractors , as appropri- 1 . General : ate , the laborers or mechanics to be employed in the additional classification or their representatives , and the contracting officer do a . All mechanics and laborers employed or working upon the not agree on the proposed classification and wage rate (including the site of the work will be paid unconditionally and not less often than amount designated for fringe benefits , where appropriate ) , the once a week and without subsequent deduction or rebate on any contracting officer shall refer the questions , including the views of all account [except such payroll deductions as are permitted by interested parties and the recommendation of the contracting officer, regulations (29 CFR 3) issued by the Secretary of Labor under the to the Wage and Hour Administrator for determination . Said Copeland Act (40 U . S . C . 276c)] the full amounts of wages and bona Administrator, or an authorized representative , will issue a determina- fide fringe benefits (or cash equivalents thereof) due at time of tion within 30 days of receipt and so advise the contracting officer or payment. The payment shall be computed at wage rates not less will notify the contracting officer within the 30-day period that than those contained in the wage determination of the Secretary of additional time is necessary Labor (hereinafter "the wage determination " ) which is attached hereto and made a part hereof, regardless of any contractual relationship e . The wage rate ( including fringe benefits where appropriate ) which may be alleged to exist between the contractor or its subcon- determined pursuant to paragraph 2c or 2d of this Section IV shall be tractors and such laborers and mechanics . The wage determination paid to all workers performing work in the additional classification (including any additional classifications and wage rates conformed from the first day on which work is performed in the classification . under paragraph 2 of this Section IV and the DOL poster (WH- 1321 ) or Form FHWA- 1495 ) shall be posted at all times by the contractor 3 . Payment of Fringe Benefits : and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers . For the a . Whenever the minimum wage rate prescribed in the contract purpose of this Section , contributions made or costs reasonably for a class of laborers or mechanics includes a fringe benefit which anticipated for bona fide fringe benefits under Section 1 ( b) (2 ) of the is not expressed as an hourly rate , the contractor or subcontractors , Davis- Bacon Act (40 U . S . C . 276a ) on behalf of laborers or mechanics as appropriate , shall either pay the benefit as stated in the wage are considered wages paid to such laborers or mechanics , subject to determination or shall pay another bona fide fringe benefit or an the provisions of Section IV, paragraph 3b , hereof. Also , for the hourly case equivalent thereof. purpose of this Section , regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly ) b . If the contractor or subcontractor, as appropriate , does not under plans , funds , or programs , which cover the particular weekly make payments to a trustee or other third person , he/she may period , are deemed to be constructively made or incurred during such consider as a part of the wages of any laborer or mechanic the weekly period . Such laborers and mechanics shall be paid the amount of any costs reasonably anticipated in providing bona fide appropriate wage rate and fringe benefits on the wage determination fringe benefits under a plan or program , provided , that the Secretary for the classification of work actually performed , without regard to of Labor has found , upon the written request of the contractor, that skill , except as provided in paragraphs 4 and 5 of this Section IV . the applicable standards of the Davis- Bacon Act have been met . The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . In Form FHWA- 1273 ( Rev . 3-94 ) Page time ItI lei 11 ell It lZ I ell ti mIf .t" ' ,`- r . t r ,. ,�, £! .. 8k 'A+` lq „ "` Y`,.)"' F K .,,1. '`^FF{, .�`k43.N ` s Ili, 4 . Apprentices and Trainees ( Programs of the U . S . DOL) and Division determines that there is an apprenticeship program associ - Helpers : ated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for a . Apprentices : apprentices , in which case such trainees shall receive the same fringe benefits as apprentices . ( 1 ) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are (4 ) In the event the Employment and Training Administra- employed pursuant to and individually registered in a bona fide tion withdraws approval of a training program , the contractor or apprenticeship program registered with the DOL , Employment and subcontractor will no longer be permitted to utilize trainees at less Training Administration , Bureau of Apprenticeship and Training , or than the applicable predetermined rate for the work performed until with a State apprenticeship agency recognized by the Bureau , or if a an acceptable program is approved . person is employed in his/her first 90 days of probationary employ- ment as an apprentice in such an apprenticeship program , who is not c. Helpers : individually registered in the program , but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship Helpers will be permitted to work on a project if the helper agency (where appropriate ) to be eligible for probationary employ- classification is specified and defined on the applicable wage ment as an apprentice . determination or is approved pursuant to the conformance procedure set forth in Section IV . 2 . Any worker listed on a payroll at a helper (2 ) The allowable ratio of apprentices to journeyman- level wage rate , who is not a helper under a approved definition , shall be employees on the job site in any craft classification shall not be paid not less than the applicable wage rate on the wage determina - greater than the ratio permitted to the contractor as to the entire work tion for the classification of work actually performed . force under the registered program . Any employee listed on a payroll at an apprentice wage rate , who is not registered or otherwise 5 . Apprentices and Trainees ( Programs of the U . S . DOT) : employed as stated above , shall be paid not less than the applicable wage rate listed in the wage determination for the classification of Apprentices and trainees working under apprenticeship and skill work actually performed . In addition , any apprentice performing work training programs which have been certified by the Secretary of on the job site in excess of the ratio permitted under the registered Transportation as promoting EEO in connection with Federal -aid program shall be paid not less than the applicable wage rate on the highway construction programs are not subject to the requirements wage determination for the work actually performed . Where a of paragraph 4 of this Section IV . The straight time hourly wage rates contractor or subcontractor is performing construction on a project in for apprentices and trainees under such programs will be established a locality other than that in which its program is registered , the ratios by the particular programs . The ratio of apprentices and trainees to and wage rates (expressed in percentages of the journeyman -level journeymen shall not be greater than permitted by the terms of the hourly rate ) specified in the contractor's or subcontractor's registered particular program . program shall be observed . 6 . Withholding : (3 ) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of The SHA shall upon its own action or upon written request of progress , expressed as a percentage of the journeyman- level hourly an authorized representative of the DOL withhold , or cause to be rate specified in the applicable wage determination . Apprentices withheld , from the contractor or subcontractor under this contract or shall be paid fringe benefits in accordance with the provisions of the any other Federal contract with the same prime contractor, or any apprenticeship program . If the apprenticeship program does not other Federally-assisted contract subject to Davis-Bacon prevailing specify fringe benefits , apprentices must be paid the full amount of wage requirements which is held by the same prime contractor, as fringe benefits listed on the wage determination for the applicable much of the accrued payments or advances as may be considered classification . If the Administrator for the Wage and Hour Division necessary to pay laborers and mechanics , including apprentices , determines that a different practice prevails for the applicable trainees , and helpers , employed by the contractor or any subcontrac- apprentice classification , fringes shall be paid in accordance with that for the full amount of wages required by the contract . In the event of determination . failure to pay any laborer or mechanic , including any apprentice , trainee , or helper, employed or working on the site of the work , all or (4 ) In the event the Bureau of Apprenticeship and Training , part of the wages required by the contract , the SHA contracting officer or a State apprenticeship agency recognized by the Bureau , with - may, after written notice to the contractor, take such action as may be draws approval of an apprenticeship program , the contractor or necessary to cause the suspension of any further payment, advance , subcontractor will no longer be permitted to utilize apprentices at less or guarantee of funds until such violations have ceased . than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is 7 . Overtime Requirements : approved . No contractor or subcontractor contracting for any part of the b . Trainees : contract work which may require or involve the employment of laborers , mechanics , watchmen , or guards ( including apprentices , ( 1 ) Except as provided in 29 CFR 5 . 16 , trainees will not be trainees , and helpers described in paragraphs 4 and 5 above ) shall permitted to work at less than the predetermined rate for the work require or permit any laborer, mechanic, watchman , or guard in any performed unless they are employed pursuant to and individually workweek in which he/she is employed on such work , to work in registered in a program which has received prior approval , evidenced excess of 40 hours in such workweek unless such laborer, mechanic, by formal certification by the DOL , Employment and Training watchman , or guard receives compensation at a rate not less than Administration . one-and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek . (2 ) The ratio of trainees tojourneyman -level employees on the job site shall not be greater than permitted under the plan 8 . Violation : approved by the Employment and Training Administration . Any employee listed on the payroll at a trainee rate who is not registered Liability for Unpaid Wages ; Liquidated Damages : In the event and participating in a training plan approved by the Employment and of any violation of the clause set forth in paragraph 7 above , the Training Administration shall be paid not less than the applicable contractor and any subcontractor responsible thereof shall be liable wage rate on the wage determination for the classification of work to the affected employee for his/her unpaid wages . In addition , such actually performed . In addition , any trainee performing work on the contractor and subcontractor shall be liable to the United States ( in job site in excess of the ratio permitted under the registered program the case of work done under contract for the District of Columbia or shall be paid not less than the applicable wage rate on the wage a territory, to such District or to such territory) for liquidated damages . determination for the work actually performed . Such liquidated damages shall be computed with respect to each individual laborer, mechanic , watchman , or guard employed in ( 3 ) Every trainee must be paid at not less than the rate violation of the clause set forth in paragraph 7 , in the sum of $ 10 for specified in the approved program for his/her level of progress , each calendar day on which such employee was required or permit- expressed as a percentage of the journeyman-level hourly rate ted to work in excess of the standard work week of 40 hours without specified in the applicable wage determination . Trainees shall be payment of the overtime wages required by the clause set forth in paid fringe benefits in accordance with the provisions of the trainee paragraph 7 . program . If the trainee program does not mention fringe benefits , trainees shall be paid the full amount of fringe benefits listed on the 9 . Withholding for Unpaid Wages and Liquidated Damages : wage determination unless the Administrator of the Wage and Hour Page 4 Form FHWA- 1273 ( Rev . 3-94 ) e, v 7771 It I % r t'`t t.R fiY fan LIZ ; tILLY P t .. 4 L % ,g . ,d It . F �L ..; �T *' The SHA shall upon its own action or upon written request of any either directly or indirectly from the full wages earned , other than authorized representative of the DOL withhold , or cause to be permissible deductions as set forth in the Regulations , 29 CFR 3 ; withheld , from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other ( 3 ) that each laborer or mechanic has been paid not less Federal contract with the same prime contractor, or any other that the applicable wage rate and fringe benefits or cash equivalent Federally-assisted contract subject to the Contract Work Hours and for the classification of worked performed , as specified in the Safety Standards Act , which is held by the same prime contractor, applicable wage determination incorporated into the contract . such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and e . The weekly submission of a properly executed certification liquidated damages as provided in the clause set forth in paragraph set forth on the reverse side of Optional Form WH -347 shall satisfy 8 above . the requirement for submission of the "Statement of Compliance" V. STATEMENTS AND PAYROLLS required by paragraph 2d of this Section V . f. The falsification of any of the above certifications may (Applicable to all Federal-aid construction contracts exceeding subject the contractor to civil or criminal prosecution under 18 U . S . C . $2 , 000 and to all related subcontracts , except for projects located on 1001 and 31 U . S . C . 231 . roadways classified as local roads or rural collectors , which are exempt. ) g . The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- 1 . Compliance with Copeland Regulations (29 CFR 3) : tion , copying , or transcription by authorized representatives of the SHA, the FHWA, or the DOL , and shall permit such representatives The contractor shall comply with the Copeland Regulations of the to interview employees during working hours on the job . If the Secretary of Labor which are herein incorporated by reference . contractor or subcontractor fails to submit the required records or to make them available , the SHA, the FHWA , the DOL , or all may, after 2 . Payrolls and Payroll Records : written notice to the contractor, sponsor, applicant , or owner, take such actions as may be necessary to cause the suspension of any a . Payrolls and basic records relating thereto shall be further payment, advance , or guarantee of funds . Furthermore , maintained by the contractor and each subcontractor during the failure to submit the required records upon request or to make such course of the work and preserved for a period of 3 years from the records available may be grounds for debarment action pursuant to date of completion of the contract for all laborers , mechanics , 29 CFR 5 . 12 . apprentices , trainees , watchmen , helpers , and guards working at the site of the work . VI . RECORD OF MATERIALS , SUPPLIES , AND LABOR b. The payroll records shall contain the name , social security 1 . On all Federal-aid contracts on the National Highway System , number, and address of each such employee ; his or her correct except those which provide solely for the installation of protective classification ; hourly rates of wages paid ( including rates of contribu - devices at railroad grade crossings , those which are constructed on tions or costs anticipated for bona fide fringe benefits or cash a force account or direct labor basis , highway beautification contracts , equivalent thereof the types described in Section 1 ( b) (2 )(13 ) of the and contracts for which the total final construction cost for roadway Davis Bacon Act ) ; daily and weekly number of hours worked ; and bridge is less than $ 1 , 000 , 000 (23 CFR 635) the contractor shall : deductions made ; and actual wages paid . In addition , for Appala- chian contracts , the payroll records shall contain a notation indicating a . Become familiar with the list of specific materials and whether the employee does , or does not, normally reside in the labor supplies contained in Form FHWA-47 , "Statement of Materials and area as defined in Attachment A , paragraph 1 . Whenever the Labor Used by Contractor of Highway Construction Involving Federal Secretary of Labor, pursuant to Section IV, paragraph 3b , has found Funds , " prior to the commencement of work under this contract . that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or b . Maintain a record of the total cost of all materials and program described in Section 1 ( b )(2 )( B ) of the Davis Bacon Act, the supplies purchased for and incorporated in the work, and also of the contractorand each subcontractor shall maintain records which show quantities of those specific materials and supplies listed on Form that the commitment to provide such benefits is enforceable , that the FHWA-47 , and in the units shown on Form FHWA-47 . plan or program is financially responsible , that the plan or program has been communicated in writing to the laborers or mechanics c . Furnish , upon the completion of the contract, to the SHA affected , and show the cost anticipated or the actual cost incurred in resident engineer on Form FHWA-47 together with the data required providing benefits . Contractors or subcontractors employing in paragraph 1b relative to materials and supplies , a final labor apprentices or trainees under approved programs shall maintain summary of all contract work indicating the total hours worked and written evidence of the registration of apprentices and trainees , and the total amount earned . ratios and wage rates prescribed in the applicable programs . 2 . At the prime contractor's option , either a single report covering c . Each contractor and subcontractor shall furnish , each week all contract work or separate reports for the contractor and for each in which any contract work is performed , to the SHA resident subcontract shall be submitted . engineer a payroll of wages paid each of its employees ( including apprentices , trainees , and helpers , described in Section IV, para- VII . SUBLETTING OR ASSIGNING THE CONTRACT graphs 4 and 5 , and watchmen and guards engaged on work during the preceding weekly payroll period ) . The payroll submitted shall set 1 . The contractor shall perform with its own organization contract out accurately and completely all of the information required to be work amounting to not less than 30 percent (or a greater percentage maintained under paragraph 2b of this Section V . This information if specified elsewhere in the contract ) of the total original contract may be submitted in any form desired . Optional Form WH -347 is price , excluding any specialty items designated by the State . available for this purpose and may be purchased from the Superin - Specialty items may be performed by subcontract and the amount of tendent of Documents ( Federal stock number 029-005-0014 - 1 ), U . S . any such specialty items performed may be deducted from the total Government Printing Office , Washington , D . C . 20402 . The prime original contract price before computing the amount of work required contractor is responsible for the submission of copies of payrolls by to be performed by the contractor's own organization (23 CFR 635 ) . all subcontractors . a . " Its own organization " shall be construed to include only d . Each payroll submitted shall be accompanied by a "State- workers employed and paid directly by the prime contractor and ment of Compliance , " signed by the contractor or subcontractor or equipment owned or rented by the prime contractor, with or without his/her agent who pays or supervises the payment of the persons operators . Such term does not include employees or equipment of employed under the contract and shall certify the following : ( 1 ) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete ; (2 ) that such laborer or mechanic ( including each helper, apprentice , and trainee ) employed on the contract during the payroll period has been paid the full weekly wages earned , without rebate , either directly or indirectly , and that no deductions have been made Form FHWA- 1273 ( Rev . 3-94 ) Page 5 le SL IV II elli ., :': f' � . . : . , .., a r„moi -' < . .M1 • a subcontractor, assignee , or agent of the prime contractor. quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof b . "Specialty Items” shall be construed to be limited to work in connection with the submission of plans, maps, specifications, that requires highly specialized knowledge , abilities , or equipment not contracts, or costs of construction on any highway or related project V. ordinarily available in the type of contracting organizations qualified submitted for approval to the Secretary of Transportation; or and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract . Whoever knowingly makes any false statement, false representa - tion, false report or false claim with respect to the character, quality, 2 . The contract amount upon which the requirements set forth in quantity, or cost of any work performed or to be performed, or paragraph 1 of Section VII is computed includes the cost of material materials furnished or to be furnished, in connection with the and manufactured products which are to be purchased or produced construction of any highway or related project approved by the by the contractor under the contract provisions . Secretary of Transportation; or 3 . The contractor shall furnish (a ) a competent superintendent or Whoeverknowingly makes anyfalse statement orfalse representa- supervisor who is employed by the firm , has full authority to direct tion as to material fact in any statement, certificate, or report performance of the work in accordance with the contract require- submitted pursuant to provisions of the Federal-aid Roads Act ments , and is in charge of all construction operations ( regardless of approved July 1 , 1916, (39 Stat. 355), as amended and supple- who performs the work ) and ( b) such other of its own organizational mented; resources (supervision , management, and engineering services ) as the SHA contracting officer determines is necessary to assure the Shall be fined not more that $ 10, 000 or imprisoned not more than performance of the contract. 5 years or both . " 4 . No portion of the contract shall be sublet, assigned or otherwise X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL disposed of except with the written consent of the SHA contracting WATER POLLUTION CONTROL ACT officer, or authorized representative , and such consent when given shall not be construed to relieve the contractor of any responsibility (Applicable to all Federal-aid construction contracts and to all related for the fulfillment of the contract . Written consent will be given only subcontracts of $ 100 , 000 or more . ) after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements By submission of this bid or the execution of this contract , or of the prime contract . subcontract , as appropriate , the bidder, Federal-aid construction contractor, or subcontractor, as appropriate , will be deemed to have VIII . SAFETY: ACCIDENT PREVENTION stipulated as follows : 1 . In the performance of this contract the contractor shall comply 1 . That any facility that is or will be utilized in the performance of this with all applicable Federal , State , and local laws governing safety, contract, unless such contract is exempt under the Clean Air Act, as health , and sanitation (23 CFR 635 ) . The contractor shall provide all amended (42 U . S . C . 1857 et seq. , as amended by Pub . L . 91 -604 ) , safeguards , safety devices and protective equipment and take any and under the Federal Water Pollution Control Act, as amended ( 33 other needed actions as it determines , or as the SHA contracting U . S . C . 1251 et seq. , as amended by Pub . L . 92-500 ) , Executive Order officer may determine , to be reasonably necessary to protect the life 11738 , and regulations in implementation thereof (40 CFR 15 ) is not and health of employees on the job and the safety of the public and listed , on the date of contract award , on the U . S . Environmental to protect property in connection with the performance of the work Protection Agency ( EPA ) List of Violating Facilities pursuant to 40 covered by the contract . CFR 15 . 20 . 2 . It is a condition of this contract, and shall be made a condition 2 . That the firm agrees to comply and remain in compliance with all of each subcontract , which the contractor enters into pursuant to this the requirements of Section 114 of the Clean Air Act and Section 308 contract, that the contractor and any subcontractor shall not permit of the Federal Water Pollution Control Act and all regulations and any employee , in performance of the contract, to work in surround- guidelines listed thereunder. ings or under conditions which are unsanitary , hazardous or danger- ous to his/her health or safety, as determined under construction 3 . That the firm shall promptly notify the SHA of the receipt of any safety and health standards (29 CFR 1926) promulgated by the communication from the Director , Office of Federal Activities , EPA, Secretary of Labor, in accordance with Section 107 of the Contract indicating that a facility that is or will be utilized for the contract is Work Hours and Safety Standards Act (40 U . S . C . 333 ) . under consideration to be listed on the EPA List of Violating Facilities . 3 . Pursuant to 29 CFR 1926 . 3 , it is a condition of this contract that 4 . That the firm agrees to include or cause to be included the the Secretary of Labor or authorized representative thereof, shall requirements of paragraph 1 through 4 of this Section X in every have right of entry to any site of contract performance to inspect or nonexempt subcontract , and further agrees to take such action as the investigate the matter of compliance with the construction safety and government may direct as a means of enforcing such requirements . health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act XI . CERTIFICATION REGARDING DEBARMENT, SUSPENSION , (40 U . S . C . 333) . INELIGIBILITY AND VOLUNTARY EXCLUSION IX, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 1 . Instructions for Certification - Primary Covered Transac- tions : In order to assure high quality and durable construction in confor- mity with approved plans and specifications and a high degree of (Applicable to all Federal-aid contracts - 49 CFR 29) reliability on statements and representations made by engineers , contractors , suppliers , and workers on Federal-aid highway projects , a . By signing and submitting this proposal , the prospective it is essential that all persons concerned with the project perform their primary participant is providing the certification set out below. functions as carefully, thoroughly , and honestly as possible . Willful falsification , distortion , or misrepresentation with respect to any facts b . The inability of a person to provide the certification set out related to the project is a violation of Federal law . To prevent any below will not necessarily result in denial of participation in this misunderstanding regarding the seriousness of these and similar covered transaction . The prospective participant shall submit an acts , the following notice shall be posted on each Federal-aid explanation of why it cannot provide the certification set out below . highway project (23 CFR 635 ) in one or more places where it is The certification or explanation will be considered in connection with readily available to all persons concerned with the project : the department or agency's determination whether to enter into this transaction . However, failure of the prospective primary participant NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID to furnish a certification or an explanation shall disqualify such a HIGHWAY PROJECTS person from participation in this transaction . 18 U . S . C . 1020 reads as follows : c . The certification in this clause is a material representation of fact upon which reliance was placed when the department or "Whoever, being an officer, agent, or employee of the United agency determined to enter into this transaction . If it is later deter- States, or of any State or Territory, or whoever, whether a person, mined that the prospective primary participant knowingly rendered an association, firm, or corporation, knowingly makes any false state- erroneous certification , in addition to other remedies available to the ment, false representation, or false report as to the character, quality, Federal Government , the department or agency may terminate this Page 6 Form FHWA- 1273 ( Rev . 3-94 ) Ile eye 1 114 1 transaction for cause of default. Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion --Primary Covered Transactions d . The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is 1 . The prospective primary participant certifies to the best of its submitted if any time the prospective primary participant learns that knowledge and belief, that it and its principals . its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . a . Are not presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from covered e . The terms " covered transaction , " "debarred , " "suspended , " transactions by any Federal department or agency; "ineligible , " " lower tier covered transaction , " " participant , " " person , " " primary covered transaction , " "principal , " " proposal , " and "voluntarily b . Have not within a 3-year period preceding this proposal excluded , " as used in this clause , have the meanings set out in the been convicted of or had a civil judgement rendered against them for Definitions and Coverage sections of rules implementing Executive commission of fraud or a criminal offense in connection with obtain- Order 12549 . You may contact the department or agency to which ing , attempting to obtain , or performing a public ( Federal , State or this proposal is submitted for assistance in obtaining a copy of those local ) transaction or contract under a public transaction ; violation of regulations . Federal or State antitrust statutes or commission of embezzlement , theft , forgery , bribery , falsification or destruction of records , making f. The prospective primary participant agrees by submitting this false statements , or receiving stolen property; proposal that , should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transac- c. Are not presently indicted for or otherwise criminally or civilly tion with a person who is debarred , suspended , declared ineligible , charged by a governmental entity ( Federal , State or local ) with or voluntarily excluded from participation in this covered transaction , commission of any of the offenses enumerated in paragraph lb of unless authorized by the department or agency entering into this this certification ; and transaction . d . Have not within a 3 year period preceding this applica- It g . The prospective primary participant further agrees by tion/proposal had one or more public transactions ( Federal , State or submitting this proposal that it will include the clause titled "Certifica- local ) terminated for cause or default . tion Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction , " provided by the 2 . Where the prospective primary participant is unable to certify to department or agency entering into this covered transaction , without any of the statements in this certification , such prospective participant modification , in all lower tier covered transactions and in all solicita- shall attach an explanation to this proposal . tions for lower tier covered transactions . h . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred , suspended , ineligible , or voluntarily 2 . Instructions for Certification - Lower Tier Covered Transac- excluded from the covered transaction , unless it knows that the tions : certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals . Each (Applicable to all subcontracts , purchase orders and other lower let participant may, but is not required to , check the nonprocurement tier transactions of $25 , 000 or more - 49 CFR 29 ) portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" ( Nonprocurement List) which is a . By signing and submitting this proposal , the prospective compiled by the General Services Administration . lower tier is providing the certification set out below. i . Nothing contained in the foregoing shall be construed to b . The certification in this clause is a material representation require establishment of a system of records in order to render in of fact upon which reliance was placed when this transaction was good faith the certification required by this clause . The knowledge entered into . If it is later determined that the prospective lower tier and information of participant is not required to exceed that which is participant knowingly rendered an erroneous certification , in addition normally possessed by a prudent person in the ordinary course of to other remedies available to the Federal Government , the depart- business dealings . ment, or agency with which this transaction originated may pursue available remedies , including suspension and/or debarment . J . Except for transactions authorized under paragraph f of these instructions , if a participant in a covered transaction knowingly c . The prospective lower tier participant shall provide immedi - enters into a lower tier covered transaction with a person who is ate written notice to the person to which this proposal is submitted if suspended , debarred , ineligible , or voluntarily excluded from at any time the prospective lower tier participant learns that its participation in this transaction , in addition to other remedies available certification was erroneous by reason of changed circumstances . Ile to the Federal Government , the department or agency may terminate this transaction for cause or default. d . The terms "covered transaction , " "debarred , " of "ineligible , " "primary covered transaction , " "participant, ' person , " "principal , " "proposal , " and "voluntarily excluded , " as used in this * * * * * clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations . e . The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the department or agency with which this transaction originated . f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certifica- tion Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction , " without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions . g . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and Form FHWA- 1273 ( Rev . 3-94 ) Page 7 'OF 91 frequency by which it determines the eligibility of its principals . Each XII , CERTIFICATION REGARDING USE OF CONTRACT FUNDS participant may , but is not required to , check the Nonprocurement FOR LOBBYING List . (Applicable to all Federal-aid construction contracts and to all h . Nothing contained in the foregoing shall be construed to related subcontracts which exceed $ 100 , 000 - 49 CFR 20 ) require establishment of a system of records in order to render in good faith the certification required by this clause . The knowledge 1 . The prospective participant certifies , by signing and submitting and information of participant is not required to exceed that which is this bid or proposal , to the best of his or her knowledge and belief, normally possessed by a prudent person in the ordinary course of that. business dealings . a . No Federal appropriated funds have been paid or will be i . Except for transactions authorized under paragraph e of paid , by or on behalf of the undersigned , to any person for influencing these instructions , if a participant in a covered transaction knowingly or attempting to influence an officer or employee of any Federal enters into a lower tier covered transaction with a person who is agency , a Member of Congress , an officer or employee of Congress , suspended , debarred , ineligible , or voluntarily excluded from or an employee of a Member of Congress in connection with the participation in this transaction , in addition to other remedies available awarding of any Federal contract, the making of any Federal grant, to the Federal Government , the department or agency with which this the making of any Federal loan , the entering into of any cooperative transaction originated may pursue available remedies , including agreement , and the extension , continuation , renewal , amendment , or suspension and/or debarment. modification of any Federal contract , grant , loan , or cooperative agreement. * * * * * b . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting Certification Regarding Debarment, Suspension , Ineligibility to influence an officer or employee of any Federal agency, a Member and Voluntary Exclusion --Lower Tier Covered Transactions : of Congress , an officer or employee of Congress , or an employee of a Memberof Congress in connection with this Federal contract , grant , 1 . The prospective lower tier participant certifies , by submission of loan , or cooperative agreement , the undersigned shall complete and IF this proposal , that neither it nor its principals is presently debarred , submit Standard Form- LLL , " Disclosure Form to Report Lobbying , " in suspended , proposed for debarment, declared ineligible , or volun - accordance with its instructions . tarily excluded from participation in this transaction by any Federal department or agency . 2 . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . 2 . Where the prospective lower tier participant is unable to certify Submission of this certification is a prerequisite for making or entering to any of the statements in this certification , such prospective into this transaction imposed by 31 U . S . C . 1352 . Any person who participant shall attach an explanation to this proposal . fails to file the required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such * * * * * failure . 3 . The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts , which exceed $ 100 , 000 and that all such recipients shall certify and disclose accordingly. Page 8 Form FHWA- 1273 ( Rev . 3-94 ) V 7777 IN I N 10 ell e +17K NZ4 N N 1, ell k R Wyy, , 3 .. 49. �` tIN r > 1 t y t ATTACHMENT A - EMPLOYMENT PREFERENCE FOR ( c) the date on which he estimates such employees will be required , APPALACHIAN CONTRACTS and (d ) any other pertinent information required by the State Employ- (Applicable to Appalachian contracts only . ) ment Service to complete the job order form . The job order may be placed with the State Employment Service in writing or by telephone . 1 . During the performance of this contract, the contractor under- If during the course of the contract work , the information submitted by taking to do work which is , or reasonably may be , done as on-site the contractor in the original job order is substantially modified , he work , shall give preference to qualified persons who regularly reside shall promptly notify the State Employment Service . in the labor area as designated by the DOL wherein the contract work is situated , or the subregion , or the Appalachian counties of the State 3 . The contractor shall give full consideration to all qualified job wherein the contract work is situated , except : applicants referred to him by the State Employment Service . The contractor is not required to grant employment to any job applicants a . To the extent that qualified persons regularly residing in who , in his opinion , are not qualified to perform the classification of the area are not available . work required . b . For the reasonable needs of the contractor to employ 4 . If, within 1 week following the placing of a job order by the supervisory or specially experienced personnel necessary to assure contractorwith the State Employment Service , the State Employment an efficient execution of the contract work . Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested , the State Employment c . For the obligation of the contractor to offer employment to Service will forward a certificate to the contractor indicating the present or former employees as the result of a lawful collective unavailability of applicants . Such certificate shall be made a part of bargaining contract, provided thatthe numberof nonresident persons the contractor's permanent project records . Upon receipt of this employed under this subparagraph 1 c shall not exceed 20 percent of certificate , the contractor may employ persons who do not normally the total number of employees employed by the contractor on the reside in the labor area to fill positions covered by the certificate , contract work, except as provided in subparagraph 4 below. notwithstanding the provisions of subparagraph 1c above . 2 . The contractor shall place a job order with the State Employ- 5 . The contractor shall include the provisions of Sections 1 ment Service indicating (a ) the classifications of the laborers , through 4 of this Attachment A in every subcontract for work which is , mechanics and other employees required to perform the contract or reasonably may be , done as on-site work . work, (b ) the number of employees required in each classification , IN 11 Form FHWA- 1273 ( Rev . 3-94 ) Page