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HomeMy WebLinkAbout2012-056A Ile vt ' " ,ret .,,.z, l + k .,� . :, a r . `;. le M 12r 8 . 1� . Is It 64 will OR CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 66" AVENUE ROADWAY IMPROVEMENTS - PHASE 2 ( 4T" STREET TO 16T" STREET ) BID NO . 2012032 PROJECT NO . 9810 - B PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA GARY C . WHEELER , CHAIRMAN PETER D . O ' BRYAN , VICE CHAIRMAN COMMISSIONER BOB SOLARI COMMISSIONER WESLEY S . DAVIS COMMISSIONER JOSEPH E . FLESCHER JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT LAN 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 Wore INEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th SMdmim\bid documents\00001 - Project Title Page - REV 04-07 . doc % C 4: N „ k Er J. % w n w «” 4 ; 3 res r.+' .:.,:: w 3" :. :, v:,,;' a� .: .';#& . ,. - s4 v : rr, r` k ..� � ,.. ..� . ^ .'�". � r��, '��#? '�',"� . '�;t �,�^ m-:� rs . �s r.. a. '�rn . �a,�'�"�'w Y+`i �`�.�* . ar� z� �+s, ��'��ro��' ��� i TABLE OF CONTENTS Section No . Title DIVISION 0 = BIDDING DOCUMENTS , CONTRACT FORMS , AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents LLLL BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance Ir 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010 - 1 F :\Public Works\ENGIN EERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00010 - Table of Contents - REV 04-07 . doc 44 Iv IF I F4 5 orf , � ., iol , . . ..,�" .'> ^§, .d.°a zr . .�. . s�*'f ' . k: °w . . m } -., �+ r 2 .�' , .". 'l r°€ .,; ; ba k*,. c.x fi. n , "fir-,y zu ',:1 `a € Asn 6 s v ' k; v� t4 va r ,:e . ,. , , , `� ° ' .... 1 , ..� ^r . ^ ``tip„, IF DIVISION 1 = GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS + + END OF TABLE OF CONTENTS + + IF IF I 00010 -2 F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00010 - Table of Contents - REV 04-07 . doc ill I ; v, Ill, SIP AFI 11 IF 111MIrw I � i F Ill IF'g IFF IF IF e IF F IF IF IF Fq F 11 IF I lln ,. . F. .� fc .� ., x °� l' . x ' .,,� .. t . N.n R;n I In, SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127 1h Street Vero Beach, Florida 32960 A O� VIVA LOR1� 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 , February 29 , 2012 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " 66th Avenue Roadway Improvements Phase If (4th Street to 16th Street) " and Bid #2012032 . Bids should be addressed to Purchasing Division , 1800 27th Street , Vero Beach , Florida 32960 . All bids will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 9810-B INDIAN RIVER COUNTY BID NO. 2012032 PROJECT DESCRIPTION: The project consists of the paving of approximately 2 miles of 66th Avenue from 4th Street to 16th Street . Included will be the construction of a new bridge over the Indian River Farms Water Control District Main Relief Canal , drainage improvements , stormwater ponds , signing and pavement markings and landscaping . All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Public Works Department/ Engineering Division , 1801 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 $ 150 for each set, which represents cost of printing and handling, which is non -refundable . Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing (a) ircgov . com . All bidders shall submit one ( 1 ) original and one ( 1 ) copy of the Bid Proposal forms provided within the specifications . BID SECURITY must accompany each Bid , and must be in the form 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 1 PAPublic Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00100 - Advertisement for Bids REV 04-07 . doc kf of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety , or a certified check or a cashier' s check , drawn on any bank authorized to do business in the State of Florida . Bid Security must be in the sum of not less than Five Percent ( 5% ) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100 % Public Construction Bond within the timeframe set by the County . If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as penalty . Please note that the questionnaire must be filled out completely including the financial statement . The County reserves the right to delay awarding of the Contract for a period of ninety ( 90) days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that , in its judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid preparation costs . A Pre - Bid Conference will be held on February 15 , 2012 at 10 : 00 A . M . , in the first floor conference room of the Indian River County Administration Building located at 1801 27th Street , Vero Beach , Florida , 32960 . ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED , INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : January 25 , 2012 For : Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building " B " Vero Beach , FL 32960 * * END OF SECTION 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00100 - Advertisement for Bids REV 04-07 . doc OF fk` S S`i f ,pi SECTION 00200 — Instructions to Bidders TABLE OF CONTENTS Article No . - Title Page ARTICLE 1 — DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . . . - . . . - . 1 ARTICLE 2 — COPIES OF BIDDING DOCUMENTS . . . . " , , , , , , , , " , , , , , , 1 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 — SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m " llI its . . . . . . . . . . . . . . . . . . . . . . . . go , 4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA , 1 4 0 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE8 — BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seems . . . . . 00a . . . . . 000 . . . . . 0a0aa00 5 ARTICLE 9 — CONTRACT TIMES . , , , ' . . . all 119000 . . . 6 0 0 0 . . . . p 0 a a a 0 0 0 0 p a a a 0 0 0 0 , a , 0 a a a . . . . . . a 0 0 . . . . a a a a . . . 15 ARTICLE 10 — LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 an SUBSTITUTE AND " OR— EQUAL " ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 12 — SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . " , , , was 0111 . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 — OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eaton 9 ARTICLE 20 — CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 — SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 00200 - Instructions to Bidders REV 04-07 . doc 00200 - i F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th StWdmim\bid documents\00200 - Instructions to Bidders REV 04 -07 . doc MET East It It I SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contracts , , ' ' . . . . . . . . , . . . . . . . . Roost . . . . . . . . . . . a a 0 a 0 a . . . . . . . P F 0 0 0 1 0 a . . . . . . . . ssM & Md . . . . . . a a 0 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance , , " . . . . . . . . . " , , , , , , , , . . . . . . . . . . . . 6 4 0 0 0 6 0 0 0 0 2 0 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Copiesof Bidding Documents . . . . . . , I 119posom Ell I Is moment Ed . . . 0 9 a a a 0 a 0 4 . . . a 0 0 0 a a a 0 a a 0 0 a a 0 a a 0 0 d 6 . . . . . . a 4 a a a a 0 a a . . . . . . a 0 0 0 6 6 . . . . . M2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . a a a I I I 1 4 0 a 2 1 . . . . V 0 6 a a 0 . . . . . 7 LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Pre - Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or " Or- Equal " Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to Bidders REV 04-07 . doc 00200 - ii F :\Public Works\ENGINEER ING DIVISION PROJECTS\98108-66th Ave Ph 2 4th Sl to 16th St\Admlm\bid documents\00200 - Instructions to Bidders REV 04-07 .doc SECTION 00200 = instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A . Bidder--The individual or entity who submits a Bid directly to OWNER . B . Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER' s evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2002 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder' s qualifications to perform the Work , within five days of OWNER 's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below. A . Bidder must have at least five years ' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR , at least three projects similar in scope to this project . C . Bidder must have good recommendations from at least three clients similar to the OWNER . D . The Bidder' s superintendent and assistants must be qualified and experienced in similar projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 3 . 02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 1 F\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 IV P 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE 4 . 01 Subsurface and Physical Conditions A . The Supplementary Conditions identify : 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents , 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities ) that ENGINEER has used in preparing the Bidding Documents , B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the " technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A . Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER , or others . 4 . 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any, that ENGINEER has used in preparing the Bidding Documents , B . Copies of reports and drawings referenced in paragraph 4 . 03 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the " technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any , and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions , 4 . 05 Upon a request directed to the ENGINEER ( Michael D . Nixon , P . E . 772-226- 1986 ) 1 OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 Reference is made to Article 7 of the 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 ; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 3 F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE - BID CONFERENCE 5 . 01 The date , time , and location for a Pre- Bid conference , if any , are specified in the Advertisement for Bids . Representatives of OWNER and ENGINEER will be present to discuss the Project . Bidders are highly encouraged to attend and participate in the conference . ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . t ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment , or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents , ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect . 00200 - Instructions to Bidders REV 04 -07 . doc 00200 - 4 F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04- 07 . doc Rev 05/01 t 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 90 days after the Bid opening , whereupon Bid Security furnished by such Bidders will be returned . 8 . 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be (a ) Substantially Completed and ( b ) also completed and ready for final payment are set forth in the Agreement . ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any , are set forth in the Agreement . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 5 F :\Public Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 I i I I 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 m: requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER . If OWNER or ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity , OWNER may, before the Notice of Award is given , request apparent < ' Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable " entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 6 F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 seal shall be affixed and attested by the secretary or an assistant secretary . The corporate address and state of incorporation shall be shown below the signature . 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature ) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 . 06 A Bid by an individual shall show the Bidder' s name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13 . 11 The Bid shall contain evidence of Bidder' s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder' s state contractor license number or county registration number for the state or county of the Project , if any , shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS 14 . 01 Unit Price A . Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any , named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . 14 . 03 The Bidder' s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 7 F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 lip elsewhere , is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character , location of the work , or other conditions pertaining thereto . ARTICLE 15 - SUBMITTAL OF BID 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . Be Sworn Statement under the Florida Trench Safety Act . C . Qualifications Questionnaire . D . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County , Purchasing Division , 1800 27th Street , Vero Beach , Florida , 32960 . ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work . ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non - responsive , read aloud publicly . An abstract of the amounts of the base Bids and major alternates , if any , will be made available to Bidders after the opening of Bids . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 8 F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04- 07 .doc Rev. 05/01 lee 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 MI IF Ile 19 . 01 OWNER reserves the right to reject any or all BidsIli , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non -responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted , the Bidder, by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest . 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OWNER's intent to accept alternates ( if any are accepted ) in the order in which they are listed on the Bid form , but OWNER may accept them in any order or combination . 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions , 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility , qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents , 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 9 F :\Public Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th St\Admin bid documents\00200 - Instructions to Bidders REV 04-07 doc Rev. 05/01 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER ' s requirements as to Public Construction Bond and insurance . When the Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bond , unless the Bond has been waived due to the total contract being less than $ 100 , 000 . ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15 ) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER . 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or , the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . * * END OF SECTION 00200 - 10 00200 - Instructions to Bidders REV 04-07 . doc fi F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 t . SECTION 00300 - Bid Package Contents >' LF 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- o�' List of Subcontractors 00458 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID L L t l l 1 * * END OF SECTION 00300 - Bid Package Contents - REV 04-07. doc SECTION 00310 - Bid Form PROJECT IDENTIFICATION : Project Name : 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) County Project Number: 9810-B Bid Number: 2012032 Project Address : 66 1h Avenue , Indian River County, Florida Project Description : The project consists of the paving of approximately 2 miles of 66th Avenue from 4th Street to 16th Street. Included will be the construction of a new bridge over the Indian River Farms Water Control District Main Relief Canal , drainage improvements , stormwater ponds , signing and pavement markings and landscaping . THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 1800 27th 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 Wo for the prices and within the times rk as specified or indicated in the Bidding Document 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 90 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that: i 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 l J�;!11111 MMIN z ( ZZ /iz �t o.. 4 t2 2 171B . 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 . f 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 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 . " l 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 jto 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 , 1 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 j the Bidding Documents . r 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. 1 [The remainder of page intentionally left blank] > a l nn� in � 00310 - Bid Form REV 04-07 .doc _ * ADDENDUM #2 * * ITEMIZED BID SCHEDULE ADDENDUM #3 3-5-2012 PROJECT NAME : 66TH AVENUE ROADWAY IMPROVEMENTS - PHASE 2 (4TH STREET TO 16TH STREET) IRC PROJECT #9810-B/BID #2012032 BIDDERS NAME: Is will liiiii Desictipt dI •'� �AmourN , ROADWAY IMPROVEMENTS ROADWAY MATERIALS 101 - 1 MOBILIZATION 1 LS 2151 � 00 Ow00 102- 1 MAINTENANCE OF TRAFFIC 1 LS 15 000 00 15 000 c)0 102- 14 TRAFFIC CONTROL OFFICER (OFF DUTY LAW ENFORCEMENT) 144 MH 545 o� 'talo °= * 102-99 CHANGEABLE VARIABLE MESSAGE SIGN 420 PD Zo 00 ?�4o0 00 104- 1 EROSION AND WATER POLLUTION CONTROL 1 LS 295oc0= 2RSoo =' 108- 1 RECORD DRAWINGS/AS- BUILTS DRAWINGS 1 LS ZS o00 00 vS o 0o 108-2 SURVEY CONTROL (INSTALURE-ESTABLISH) 1 LS ou 108-3 AERIAL PHOTOGRAPHY (4 PANELS/FLIGHT EVERY 30 DAYS DURING PROJEC 1 LS I ,�, �o o'o 13(p 108 4 N . P . D . E , S PERMITTING 1 LS . a �(5o 109-71 -2 FIELD OFFICE 360 PD Za oe co qqo °D 110- 1 - 1 STANDARD CLEARING & GRUBBING 53 AC y000 �� ZI ODo °= 110-5 PLUGGING WATER WELLS , ARTESIAN 8 EA o �= 22 Ooo vv 110-71 MAILBOX (RELOCATE) (SINGLE) 1 LS ov o0 ISoo -- �- * * 120-4A EXCAVATION SUBSOIL ( ROADWAY CUT) 85 , 861 CY . o — Sis liett �' * * 1204B EXCAVATION SUBSOIL ( LAKES) 21 , 577 CY o0 b= * * 120-6 EMBANKMENT (COMPACTED IN PLACE) 182 , 907 CY yon � 3 )1251=3 SELECT SELECT BEDDING MATERIAL (SAND FILL FOR UNDERDRAIN SYSTEMS) 1 , 005 CY it it * * 1604A TYPE " B" STABILIZATION LBR40 ( 1211) 78 , 080 SY Zoo 1 !5 (. / 40 160-4B FGROUP4) BILIZATION LBR40 (8") 2, 293 SY o� * * 285_704 COQUINA SHELL BASE (OR OPTIONAL BASE 2, 193 SY c 60285-707 COQUINA SHELL BASE (OPTIONAL BASE 3 -137 GROUP 6) , (2-LIFTS) 67 , 515 SY / o violso * * 286- 1 - 1 TURNOUT CONSTRUCTION ( 1 . 5" 9 . 5 ASPHALT ) 21197 SY So / 7 38 `! H7 Sb 327111170- 1 MILLING EXISTING ASPHALT PAVEMENT ( 1 " AVG . DEPTH) 1 , 163 SY 5 oc S$ 15 - o0 334- 1 - 12A SUPERPAVE ASPHALTIC CONIC (TRAFFIC 13) (SP-9 . 5)( 1 ") 67 , 839 SY o_ SUPERPAVE ASPHALTIC CONC RAFFIC B SP- 12. 5) ( 1111, `Io7 03�! °� 334- i - 126 1 /2" ) ( 65 , 783 SY G s_o YEN y3l 40 * * 33911111 ASPHALT PAVEMENT GUARDRAIL) MISCELLANEOUS (3" THICK I.I. UNDER 150 TN 350-2- 1 CEMENT CONCRETE PAVEMENT REINFORCED , 6" THICK 1 , 869 SY tf(p 1 77 •� 400- 1 -2 CLASS I CONCRETE (ENDWALLS) 46. 7 3t 33S YA F:1Public Works1ENGINEERING DIVISION PROJECTSM1013,661h Ave Ph 2 4th St 10 161h St%AdmimlADDENDUMSMMIZED BID SCHEDULE-ADDU3.)ds * 003101113 * ADDENDUM #2 * * ITEMIZED BID SCHEDULE ADDENDUM #3 3 -5-2012 PROJECT NAME : 66TH AVENUE ROADWAY IMPROVEMENTS - PHASE 2 (4TH STREET TO 16TH STREET) IRC PROJECT #9810-B/BID #2012032 BIDDERS NAME : .;rmox - _ #te+r► No Des "noir ilnlL tJntP Amount 425- 1 -351 INLETS (CURB) (TYPE P-5) (< 101) 12 EA e^ Oe az B z2o -- 425- 1 -361 INLETS (CURB) (TYPE P-6) -(< 10') 18 EA o0 &&,A � SZ 1 to L{ o0 * 425- 1 -521 INLETS (DITCH BOTTOM) (TYPE C) (< 10') 23 EA 425- 1 -529 INLETS (DITCH BOTTOM) (TYPE C) (MODIFIED) 3 EAlist 53 %ve 425- 1 -551 INLETS (DITCH BOTTOM) (TYPE E) 4 EA I07 �e9 vo -� n74 tt` 425-1 -901 INLETS (DITCH BOTTOM) (TYPE SPECIAL) W/ P BOTTOM 21 EA 25 $ CA2 6g 1 g qo 425- 1 -903 INLETS (DITCH BOTTOM) (TYPE SPECIAL) W/ J BOTTOM 2 EA S $9 oro, '1 t `t S ""o 425-2-41 MANHOLES (P-7) (< 10') 2 EA Zot33 od qwu pc, 425-2-61 MANHOLES (P-8) 8 EA ZA 8 3 425-2-71A MANHOLES (J -7) (< 10') 7 EA p0 425-2-71 B MANHOLES (JB-7) (< 10') 8 EA 35�iZo—o 2 33(e0° 425-3-81 CONTROL STRUCTURE , < 10' 2 EA 425-3-82 CONTROL STRUCTURE , > 10' 3 EA 14 , '41"t °= 425-5 MANHOLES (ADJUST) 4 EAl � o0 1"w ' D uo 425-6 VALVE BOX (ADJUST) 20 EA 425-10 YARD DRAIN 9 EA / / 31ow / v rjq O0 I * * 430- 175AWA 6" PVC SCHEDULE 40 (POLYETHYLENE PIPE OPTIONAL) 470 LF $ vo 37 loo "—b * 430- 175- 101 B 12" CORRUGATED ALUMINUM PIPE 396 LF Z -y °_ 91 * 430A75- 101C 15" REINFORCED CONCRETE PIPE 905 LF I $ 1a1 "� * 430- 175 - 15" ADS PIPE 101C1 78 LF 430-175- 1O1D 15" CORRUGATED ALUMINUM PIPE 225 LF ZS oo SloZf' °b * 430- 175- 101E 18" REINFORCED CONCRETE PIPE 5,496 tLF o0 0 430-175- 101F 18" CORRUGATED ALUMINUM PIPE387 cc)430- 175- 101G 24" REINFORCED CONCRETE PIPE 3 , 707 0_0 IZZ 33l �" 430- 175- 101H 24" CORRUGATED ALUMINUM PIPE 598 LF - tw 2Z 1Z 430- 175- 102A 30" REINFORCED CONCRETE PIPE 4, 070 LF � � `o 1"I9 430- 175- 102B 30" CORRUGATED ALUMINUM PIPE 1 ,215 LF S 4 430- 175- 102C 36" REINFORCED CONCRETE PIPE 328 LF Seo 00 430- 175- 102D 36" CORRUGATED ALUMINUM PIPE 147 LF �Qo� �� Zoov F:Wublic WorkMENGINEERiNG DNISION PROJECTSM108f6th Ave Ph 2 41h St to 16th StlAdmiml4DDENDUMSVTEMIZED BID SCHEDULEwADD #3.xls 003104 * ADDENDUM #2 * * ADDENDUM #3 3 -5-2012 ITEMIZED BID SCHEDULE PROJECT NAME : 66TH AVENUE ROADWAY IMPROVEMENTS - PHASE 2 (4TH STREET TO 16TH STREET) IRC PROJECT #9810-B/BID #2012032 lEe "tt Na . BIDDERS NAME: {IesGA i 99 u I Y Unit P t 430- 175- 103 48" REINFORCED CONCRETE PIPE 144 LFgl e_o 430- 175- 104 60" REINFORCED CONCRETE PIPE 1 ,331 'LF !20 vo 154 7Z0 n * * 430- 175- 105 72" REINFORCED CONCRETE PIPE 849 LF � E30a . l3Z 82dMINIPUMP * * 430= 175-236 ELLIPTICAL CONCRETE PIPE CULVERT (29"x45") 112 LF «� PP` 80 cIIIIPPIP x. 430-982- 121 MITERED END SECTION ( 12" CROSS DRAIN) 8 Eq PPI q � 00 Z ZL� 430-982- 123 MITERED END SECTION ( 15" CROSS DRAIN) 4 EAPIPPIPPIPPIP 4��0706 1 �gbP 430-982- 125 MITERED END SECTION ( 18" CROSS DRAIN) 17 EA �3� �„ 3 � 1 u_ 430-982- 129 MITERED END SECTION (24" CROSS DRAIN ) 1 Eq Sgo e� oZo 0O 5 cp 430-984- 121 MITERED END SECTION (CONCRETE) ( 12" SIDE DRAIN) 11 EA Y,S6 °A> PPPP �E4So °� 430-984- 123 MITERED END SECTION (CONCRETE) ( 15" SIDE DRAIN) 12 EA 16 z , t'o Z qo .- 430-984- 125 MITERED END SECTION (CONCRETE) (18" SIDE DRAIN) 2 Eq SteSo_ i 3o eo 430-984- 129 MITERED END SECTION (CONCRETE) (24" SIDE DRAIN) 1 EA 440- 1 -60A UNDERDRAIN , TYPE SPECIAL (4") 969 LFo0 3 C, 3� f3Sd�t o` * * 440- 1 -60B UNDERDRAIN, TYPE SPECIAL ( 1211) 11604 LF o0 520- 1 - 10 CURB & GUTTER CONCRETE (TYPE F) 18 , 043 LF c� c� lG9 ` � 520-3 VALLEY GUTTER (CONCRETE) 286 LF `� . `fid 2 11119- ILA If 522-2 SIDEWALK CONC . (6" THICK) 51015 SY oz k4 * * 530- 1 RIPRAP SAND CEMENT ENDWALL 103 CY 3� bb 536- 1 -1 GUARDRAIL (ROADWAY) 21, 317 LF ! 7 19 410 $y7 sa 536-7 SPECIAL STEEL GUARDRAIL POSTS W/ ACCESSORIES 2 EA 536-85-22 END ANCHORAGE ASSEMBLIES TYPE SRT-350 (8 POST /70 Zc�p or. SYS . ) FDOT APPROVED QPL NO , S536-0208 6 EA l (� Zo O6 R7 Zb ' 536-85-26 END ANCHORAGE ASSEMBLIES TYPE CRT 14 EA / S $ D * 550- 10-100 REMOVE EXISTING FENCE (AS SHOWN ON THE PLANS) T LS Sqb0ov * REMOVE AND REPLACE EXISiiii TING FENCE OUTSIDE OF 550- 10- 101 RIGHT OF WAY AS SHOWN ON THE PLANS 1 LS 2 &200 – Z � — * 550- 10- 102 INSTALL TEMPORARY FENCING (AS SHOWN ON THE PLANS ' 1 LS . ZcJpp 550- 10-222 FENCING , TYPE B (BLACK VINYL COATED) 6' HIGH 41220 LF op G` So, co q0 -- �J 550- 10- 919 FENCING , HORSE (PAINTED BLACK) 4' HIGH 1 , 931 LF c( 50 ! g 3Ny to FENCING , TYPE B (BLACK VINYL COATED 6' HIGH W/ 550- 10-929 HORSE FENCE FACADE PAINTED BLACK) 966 LF 2 Le y O 550-60-223 FENCE GATE TYPE B (DOUBLE SWING 16' FACE TO FACE) 5 EA ( 3p 00 550-60- 912 FENCE GATE , HORSE ( 12' SWING) 1 EA 13 � da° 13'l0 °o F:1Public Waks1ENGINEERING DIVISION PROJECTS1981013E6th Ave Ph 2 4th St to 16th StV+CmimU4DDENDUMSUTEMIZED BID SCHEDULE-ADD #3.xls 00310.5 * ADDENDUM #2 * * ITEMIZED BID SCHEDULE ADDENDUM #33-&2012 PROJECT NAME : 66TH AVENUE ROADWAY IMPROVEMENTS - PHASE 2 (4TH STREET TO 16TH STREET) IRC PROJECT #9810-B/BID #2012032 BIDDERS NAME: dem No , D"'escrf dots ,w Qu ' Un(t UnitPrfce "cx�b FENCE GATE TYPE B W/ HORSE FENCE FA ADE DOUBLE " Am550-60-923 SWING 16' FACE TO FACE ( 2 EA '1goFENCE GATE, TYPE B W/ HORSE FENCE FA ADE DOUBLE � StE 550-60-926 SWING 26' FACE TO FACE ( . — 570- 1 -2 PERFORMANCE TURF (SOD) (BAHIA) 114 , 654 SY 1 , q, s 580- 1 LANDSCAPING COMPLETE (SMALL PLANTS LESS THAN 7 I �I3 317 . Som GAL) (SEE PLAN FOR QUANTITIES 1 LS 151006 °O 151 000Coro get, 580-2 LANDSCAPING COMPLETE (SMALL PLANTS GREATER THAN 7 GAL) (SEE PLAN FOR QUANTITIES 1 LS 35r 590-70 IRRIGATION SYSTEM (SEE PLAN FOR QUANTITIES) 1 LSeo 160, 10000-- 1 :501 *Soo 630- 1 - 12A CONDUIT (F& I ) (UNDERGROUND) (2" SCH 40 PVC ) 16 , 536 LF 2 , �� (j64 630- 1 - 1213 CONDUIT (F& I ) (UNDERGROUND) (4" SCH 40 PV(;) AT EACH INTERSECTION 1 , 782 LF 3 • �$ / y / S- z� 635- 1 - 15 PULL AND JUCTION BOXES (F& I ) 23 EA ue� ov (AD — 14 X20 — ROADWAY MATERIALS SUBTOTAL *4 (o c// So3 • TRAFFIC MARKING AND STRIPING 700-20- 11A SIGN SINGLE POST (LESS THAN 12 SF) "STOP SIGN " (R1 - 1 ) 10 AS ;? 470 ESw Z) ZoO0 r SIGN SINGLE POST (LESS THAN 12 SF STREET NAME 700-20- 11 B ) 00 SIGN " 12" HIGH D-3 30 AS (09 2, 0q0 700-20- 11C SIGN SINGLE POST (LESS THAN 12 SF) "SPEED LIMIT SIGN " 24"X30" R2- 1 20 AS I S oo y 3Qo nc' . j 700-20- 11 D SIGN SINGLE POST (LESS THAN 12 SF) "STOP AHEAD SIGN" 3Aa 6 AS 21S "= ( � � 90 uO 700-20- 11 E SIGN SINGLE POST (LESS THAN 12 SF) "EQUESTRIAN TRAFFIC SIGN" 11 -7 2 AS 2 1 oo q 3 D o0 700-20- 11F SIGN SINGLE POST (LESS THAN 12 SF) "CENTER LANE SIGN" R3-9B 2 AS 21SO 1/ 03o O 700-20-41 RELOCATE EXISTING SIGNS 00 706-3A FBI �DIREECTIONAL TROCTIVE PAVEMENT MARKERS MONO y .moo ECWHITE/CLEAR 143 EA S � Z 706-3B TROCTIVE PAVEMENT MARKERS AMBER 1 , 390 EA - Ssdo 711 - 11 - 111 AFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE) ( 6") 5 . 82 NM q soo ' 711 -11 - 123 TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE) 12" 685 LF ' p0 ) c ) Z -- 711 - 11 - 125 TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE) (24") 352 LF JC �-' lba o_ 711 -11 - 151 GUIDELINES (THERMOPLASTIC ) (WHITE) (DOTTED) 6- 10 GAP EXTENSION 6" 21900 LF / �_°- 3 �� 2 F711�wll - 170 DIRECTIONAL ARROWS (THERMOPLASTIC) (WHITE) 53 EA80 _ o -' y, Ly * 711 - 11 -211A TRAFFIC STRIPE SOLID (THERMOPLASTIC) (YELLOW) (6") 1 . 50 NM q i7o / qo 00 ySs e® * 711 - 11 -2118 TRAFFIC STRIPE SOLID (THERMOPLASTIC) (YELLOW) (6") mm DOUBLE 3 . 12 NMo "= 304f 711 - 11 -224 TRAFFIC STRIPE SOLID (THERMOPLASTIC) (YELLOW) ( 18") 1 , 043 LF Z �° 3 o * 711 _ 11 _231 GUIDELINES (THERMOPLASTIC) (YELLOW) (DOTTED) 10-30 GAP EXTENSION 6 ") 1 . 50 GM �� soo 00 21 Z, Sa 4O TRAFFIC MARKING AND STRIPING SUBTOTAL 0 / �e ROADWAY IMPROVEMENTS TOTAL R$Public WorkMENGINEERING DIVISION PROJECTSM10B-661h Ave Ph 2 4th Sl to 16th ShAdmim1ADDENDUMSVTEMIZED BID SCHEDULE-ADD #3.xls 00310-6 4 * ADDENDUM #2 * * ITEMIZED BID SCHEDULE ADDENDUM #33 -5=2012 PROJECT NAME : 66TH AVENUE ROADWAY IMPROVEMENTS - PHASE 2 (4TH STREET TO 16TH STREET) IRC PROJECT #9810=B/BID #2012032 BIDDERS NAME: Q ` dk UnkP Amo "w1t ,. UTILITY ADJUSTMENTS * U- 1 LOCATE , SURVEY, AND MAINTAIN OPERATION OF bo o° EXISTING VALVES DURING CONST, 1 LS �j� Zoo — asp Zoo — * 0706-3 RETRO-REFLECTIVE PAVEMENT MARKERS - BLUE 4 EA * 0706-3 RETRO-REFLECTIVE PAVEMENT MARKERS - WHITE 19 EA * 0705- 10-5 PERMANENT LAND MARKER , M=9 12 EA °- * UWMC- 1 WATER MAIN PIPE, F& I , PVC , WATER 4" (ALL INCLUSIVE) 605 LF * * UWMC-1A WATER MAIN PIPE , F& I , PVC , WATER 6" (ALL INCLUSIVE) 115 LF d7p * UWMC-2 WATER MAIN CONFLICT STA . 7+66 - 66TH AVENUE 1 LS Z, y oa 0c,' do e-" * UWMC-3 WATER MAIN CONFLICT STA. 9+84 - 66TH AVENUE 1 LSoo a,o 2, yoo Z � yoo * UWMC-4 WATER MAIN CONFLICT STA. 11 + 00 - 66TH AVENUE 1 LS 3 (vao 0 3� boo * UWMC-5 WATER MAIN CONFLICT STA. 16+ 30 - 66TH AVENUE 1 LS 3 boo o� 3 boo * UWMC-6 WATER MAIN CONFLICT STA. 19+80 - 66TH AVENUE 1 LS �j� 6 oa =0 3 boa * UWMC-7 WATER MAIN CONFLICT STA. 23+80 - 66TH AVENUE 1 LS bpo � 3� boa * UWMC-8 WATER MAIN CONFLICT STA. 27+60 - 66TH AVENUE 1 LS 3, (goo * UWMC-9 WATER MAIN CONFLICT STA. 28 +00 - 66TH AVENUE 1 LS0o 3 6 3, boa * UWMC- 10 WATER MAIN CONFLICT STA. 32+ 00 - 66TH AVENUE 1 LS jO �� 3, boo _ 3, foo * UWMC- 11 WATER MAIN CONFLICT STA. 36+ 30 - 66TH AVENUE 1 LS o ,f �i50o 7i �0o ®o * UWMC- 12 WATER MAIN CONFLICT STA. 21 +90 - 4TH STREET 1 LS o0 0 y, Soo y, 300 * UWMC- 13 WATER MAIN CONFLICT STA. 24+00 - 4TH STREET 1- LS �j� (tea e * UWMC- 14 WATER MAIN CONFLICT STA. 27+80 - 4TH STREET 1 LS x / soo 00 0 ` p soa * UWMC- 15 WATER MAIN CONFLICT STA. 14+ 10 - 8TH STREET 1 LS 3 $ o a s 3, g oa o0 * UWMC- 16 WATER MAIN CONFLICT STA. 17+25 - 8TH STREET 1 LS (moo °- * UWMC- 17 WATER MAIN CONFLICT - 4TH PLACE 1 LS q800 y, * UWMC- 18 WATER MAIN CONFLICT - 4TH LANE °" . 1 LS L/� boa * UWMC- 19 WATER MAIN CONFLICT 5TH STREET 1 LS °O * UWMC-20 WATER MAIN CONFLICT 5TH PLACE 1 LS 3 4Soo * UWMC-21 WATER MAIN CONFLICT 65TH AVENUE 1 LS 31 / oo ^'- 3 mo 00 * 1050-11921 WATER SERVICE (NEW) , TUBING , FITTINGS & METER BOX, i F& I ALL INCLUSIVE 4 LS � 92 2 � g gym_ * 1050- 13002 WATER SERVICE & METER , RELOCATE./ADJUST/MODIFY oo co ALL INCLUSIVE 19 LS � � � _- / 3Z3 * 1080- 11204 UTILITY FIXTURE , F& I , 4" VALVE ASSEMBLY 2 LS 3, 3 �� G0 FAPublic WorksIENGINEE RING DIVISION PROJECTS19810B�66th Ave Ph 2 4th St to 16th SMdmIm1ADDENDUMSVTEMtZED BID SCHEDULE,ADD #3.)ds 00310.7 * ADDENDUM #2 Ik * * ADDENDUM #3 3-5-2012 ITEMIZED BID SCHEDULE PROJECT NAME : 66TH AVENUE ROADWAY IMPROVEMENTS - PHASE 2 (4TH STREET TO 16TH STREET) IRC PROJECT #9810 -B/BID #2012032 BIDDERS NAME : 7REPLACEMENT 33�aua llnR n1t;P,Nce>t AmbuntUTILITY FIXTURE , 6" GATE VALVE ASSEMBLY, 2 LS REPLACEMENT OF EXISTINGUTILITY FIXTURE, 8" GATE VALVE ASSEMBLY,OF EXISTING 2 LS Zc w pc, o * OF-3 UTILITY FIXTURE , 6" LINE STOP VALVE ASSEMBLY 2 LS 2SfX�"`° SDU(7 CIO * UF4 UTILITY FIXTURE , 8" LINE STOP VALVE ASSEMBLY 1 LS * 1080-15 WATER MAIN PIPE & FITTINIGS , ADJUSTIMODIFY 6" & 8" 18 LS � 00 VALVE BOX & STEM ltLiz 2l9 SSCo -- * 1644700 FIRE HYDRANT , ADJUST & MODIFY 3 LS * 1644800 FIRE HYDRANT, RELOCATE 1 LS I3yZ °0 i3yz ,�e * 1050- 11224 FORCE MAIN PIPE, F& I , PVC , SEWER 8" 42 LF o` Qo 1 ( ZQ az * IUFMC- 1 FORCE MAIN CONFLICT STA. 36 + 30 IT 66TH AVENUE 1 LS 1pZo` 410Z490 * 1080- 15 UTILITY FIXTURES , ADJUST/MODIFY 24" FORCE MAIN,JAIR 4 LS o� ZliraCOQ RELEASE VALVE BOX & Sp * 1080- 15 UTIL, FIXTURES , ADJUST/MODIFY 24" FORCE MAIN , GATE 2 LSo0 04 VALVE BOX & STEM CoSd — 1300 — UTILITY ADJUSTMENTS SUBTOTAL It. di (ar? BRIDGE IMPROVEMENTS 120-5 CHANNEL EXCAVATION 730 CY ! t) oa X300 0<' 1201116 EMBANKMENT (COMPACTED IN PLACE) 30 CY 30c" QOD � 125- 1 EXCAVATION FOR STRUCTURES 170 CY o0 00 �-- 400-2-5 CLASS II CONCRETE (SUBSTRUCTURE) 135 CY �3D '{ 1556 40044 CLASS IV CONCRETE (SUPERSTRUCTURE) 285 CY -I t{ b ZId4� oo 400411110 CLASS IV CONCRETE (APPROACH SLABS) 98 CY30!900 3Z 3 00 400-7 BRIDGE FLOOR GROOVING 475 SY 400- 147 BEARING PADS (NEOPRENE) 32 EA 415- 14A REINFORCING STEEL (SUPERSTRUCTURE) 61 ,620 LBS 415- 14B REINFORCING STEEL (SUBSTRUCTURE) 101330 LBS eo l0 33Ood 415-1 -9 REINFORCING STEEL (APPROACH SLABS) 16 , 030 LBS ( 00 450- 1 - 1 PRESTRESSED BEAMS (AASHTO II) 762 LF Ic �>� °O 1l0i0 °0 455-34-3 PRESTRESSED CONCRETE PILES FURN . & DRIV, 18"x18" 820 LF ao o " Ccs 5 #5 — 455- 143-3 TEST PILES PRESTRESSED CONCRETE ( 18 "x18") 140 LF poo 2.51 = 00 .r — 460-70-2 ALUMINUM RAILING (DOUBLE) 236 LF 0� 607 ?J VL 521 -5- 1 TRAFFIC BARRIER 236 LF 530-3-3 rRIPRAP (RUBBLE STONE) 874 TN --1 I op (021 O5c{ BRIDGE IMPROVEMENTS SUB TOTAL OQ 84 F:1Public Works\ENGINEERING DIVISION PROJECTSM108,Wth Ave Ph 2 4th St to 16th SIVWdmim\ADDENDUMSVTEMIZED BID SCHEDULEADD #3.)ds 00310-8 x . * ADDENDUM #2 * * ADDENDUM #33m&2012 ITEMIZED BID SCHEDULE PROJECT NAME : 66TH AVENUE ROADWAY IMPROVEMENTS - PHASE 2 (4TH STREET TO 16TH STREET) IRC PROJECT #9810-B/BID #2012032 BIDDERS NAME : � Destrl s . pua a�Jnf�' Un1t=P1�C!«� , Amtx1 MISCELLANEOUS 800 PUBLIC CONSTRUCTION BOND 1 LS &S600 801 TRENCH SAFETY COMPLIANCE (OVER 51) (SEE SEC . 00454) 1 LS 16 NYIST /0 � 00 802 TRENCH SAFETY COMPLIANCE (SHORING) (SEE SEC. 1 LS LlN 00454 l cool0 Ocz -- MISCELLANEOUS SUB TOTAL FORCE ACCOUNT 1 LS 300 , 000. 00 3009000 . 00 66TH AVENUE ROADWAY IMPROVEMENTS PROJECT TOTAL �qE cq PROJECT TOTAL ( IN WORDS) Te ug," Ml!/! • n YI At ' �oKel"ol /f/;n +� ��9+�1.� Tli.0 •�,jq vac( /� fit/: N,�y , �%✓ e 170 !/�.✓S d. r.a/ o��oos NOTE : IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMSI AND THE ITEMIZED BID SCHEDULE. THE BID DOCUMENTS WILL GOVERN LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN. = Ton MH = Man Hours GM = Gross Miles CY = Cubic Yards LBS = Pounds AS = Assembly PI = Per Installation AC = Acre PD = Per Day NM = Net Miles F:PuUiC WorksIENGINEERING DMSION PROJECTS\981013466th Ave Ph 2 4th St to 16th SMdmim%ADDENDUMSVTEMIZED BID SCHEDULE-ADDM3.)ds 00310-9 <u a;; i 5 . 01 Bidder shall complete the Work in accordance with the Contract Documents for the price (s ) contained in the Bid Schedule : A: The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . B . The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so , no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D . Unit Prices have been computed in accordance with paragraph 11 .03. 6 of the General Conditions . 6 .01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14 . 07. 6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6 . 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. 7 . 01 The following documents are attached to and made a condition of this Bid : A. Itemized Bid Schedule B . Required Bid security in the form of A140 or Ep �w� C . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ; D . Sworn Statement Under the Florida Trench Safety Act; } E . Qualifications Questionnaire ; F . List of Subcontractors ; i 100310 - Bid Form REV 04-07 . doc nns � n - � n MAIN r_ h. a ._ MINX 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 t4W1+ ILA , 2012 . State Contractor License No . CciG 1611 $03 G vL i ZZ } (ptQ °► If Bidder is : An Individual Name (typed or printed) : By: (SEAL) (Individual 's signature) Doing business as : Business address : Phone No . : FAX No . : A Partnership Partnership Name : (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed ) . Business address : Phone No . : FAX No . : A Corporation Corporation Name : Gn4a AteI 'B•,n rs Coves c +co � .c (SEAL) State of Incorporation : F71�0 &zr ao . . Type (General Busines ional , Service , invited Liabilit L L C By: (Signature — attach evidence of authority to sign) sEcr R1tacA%a ,I Name (typed or printed ) : Title : +ALme� Attest Al /A, (CORPORATE SEAL ) f> (Signature of Corporate Secretary) Business address : heWC - y Dar •-v �d 00310 - Bid Form REV 04-07 .doc no n - 11 Phone • s3qsFAX • Date of Qualification to • • business is 4e) • Joint Joint - Name : (SEAL) (typed(Signature ofjoint venture partner attach evidence of authority to sign) Name or printeft address :Business Phone • • Joint (Signature • - of • tosign) (typedName or • - • Business address : Phone • • Phone and FAX Number, and Address for receipt of official communications : ( Each joint venturor must sign . The manner of signing for each individual , partnership , and corporation that is a party to the joint venture should be in the manner indicated above . ) END OF • 00310 Bid Form REV • . . . wiln . if) ' , , Me IF I Fee FI = ell IF. � � � zi � z ' . . e el F � TQs �IF rr el ell l "i IF Ile 11 File in In �, w w I • • - 1 1111 • • : • 11 • 1 . 1 11 • 1 1 1 r 41, www. sunbiz . org - Department of State Page 2 of 2 03/31 /2008 -- ANNUAL REPORT ; View image 1n POF format 04/09/2007 ANNUM. REPORT View image in PDF format 04/28/2006 -- ANNUAL REPORT rL View image in PDF format WV 09/26/2005 -- Florida Limited Liabilites L. View image in PDF format Note : This is not official record . See documents if question or conflict . Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit i Hornet i Contact. us i Dot.' li nl >:aaa ras Fninq Seivi ti;rvs i Futn � s j . .- lr; .. ., Cnowl(IIA (C % and GrivacY Policies Stats of Rondo , Deparknent of St:Me 1. F... . / /. . .. . .. . . .. . . ... 1.. : ,. « ,_ /,. ,. ..: ...a „ /,. ,. .. ,7 ,.� .. . . ,. n ., ,,� : .. .,. — r-% nrrtrir o_ : _ � SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond . " i END OF SECTION 1 t F t _ lI I 1 I00430 Bid Bond REV 04-07 .doc nnnon 4 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Guettler Brothers Construction , LLC 4401 Whiteway Dairy Road , 34847 as Principal, hereinafter called the Principal, and Western Surety Company 2405 Lucien Way, Maitland , FL 32751 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County , 1881 29th Street, Vero Beach , FL 32960 as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid ( 5 % ) 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 said Principal has submitted a bid for 66th Avenue Roadway Improvements Phase II (4th Street to 16th Street) - Bid #2012032 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 March 14 , 2012 . itnesses : Guettler Brothers Construction LLC (Seal ) B Western Surety Company (seal) / .lr4Lv t 't 'k�ait S 'e'ra c rney- Fact Western SuretyCompany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY- IN- FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gerald J Arch , Shawn Alan Burton , Michael A Holmes , James F Murphy , Joanne M Mursell , Individually of Fort Lauderdale, FL, its true and lawful Attomey(s )-in - Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed . This Power of Attorney is made and executed pursuant to and by authority of the By- Law printed on the reverse hereof, duly adopted, as indicated , by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of March, 2010. S%Fr WESTERN SURETY COMPANY ?l ' c . P pa,P 04 0q fo ���II OAKdIPr Paul . Brutlat, Senior Vice President State of South Dakota County of Minnehaha ss On this 9th day of March, 2010 , before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn , did depose and say: that he resides in the City of Sioux Falls , State of South Dakota ; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation ; that the seal affixed to the said instrument is such corporate seal ; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation . My commission expires r I D. KRELL i November 30, 2012 r ^ NOTARY PUBLIC ^ r x( SEAL ) SOUTH DAKOTA stat i r r 1 CERTIFICATE D . Krell , No Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By- Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this .141ji. day of March 2012 %suae_res �+ 0 WESTERN SURETY COMPANY x� \i _ "'i 40 . "91A' Ditj i t z! @ 1P� Form F4280-09-06 L. Nelson , Assistant Secretary i _ SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement MUST be submitted with Bid, Proposal or Contract No . 2012032 for 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) 2 . This sworn statement is submitted by: Giut- 9U , $ev-&-�Pes 6Ns A-uc.A h 44 L (Name of entity submitting Statement) whose business address is : y Rcu �=�,• P . e r c et 3 �R y 7 3 . My name is 3� ► N (Please print name of individual signing) and my relationship to the entity named above is M AroACACvc 4 . 1 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, epstepsister, 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 . l 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 _ . _ . .. . . . 1 , _ . , „ , . .T . i Name of Affiliate Name of County Commissioner Relationship or entity or employee l (Signature) 3 � 03 �1 � (Date) STATE OF � �GOR/ DA COUNTY OF �X LUCrj�F i The foregoing instrument was acknowledged before me this day of M)q,eeH 20 b y who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: �f PRINT : \j 746,9N M . /Y(orri 5 Notary Public, State at large My Commission Expires : (Seal) 25 ` Pa a`;e c SHARON M. MORRIS * * MY COMMISSION N DD 991175 r e EXPIRES : Juty 31 , 2014 1 9lFOF Fl��\O Bonded Thro Budget Notary Services I I 00452-2 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 . 9810- 13 for 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) 2 . This Sworn Statement is submitted by _ C7oeAgw4 - �ro�-!,e✓s Coicsfit[�i�✓J �.G.L (Legal Name of Entity Submitting Sworn Statement) hereinafter " BIDDER" . The BIDDER's address is _ YVVl UJWkeVLtL V 12tu r y RrA 4;w l- paer c e f=L 349 L4 7 BIDDER's Federal Employer Identification Number ( FEIN ) is z o3 cQo g zq 3 . My name is e ,n Czve.: VeA*� and my relationship to the BIDDER (Print Name of Individual Signing) Is (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553 . 60 et 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 $ /o pdp 00 based on the linear feet of trench to be excavated over five (5 ) feet deep , or 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: ter , `c w� T%Gr1 cG� q�jox S G a ewi 2 i 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 $/V oot j based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s ) of compliance on this Project : �k� ,. , ,� u tl 5 LO PS.tJI►1 I j 00454 00454 - Florida Trench Safety Act - REV 04-07.doc - 1 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: �7✓ef�ll�ev � tt��s CoNsut /o�l LGC By: Position or Title : 4 4 � Date : 3 STATE OF � C0& / o Q COUNTY OF _ 5- 11 Cu �i Personally appeared before me , the undersigned authority, Al ' lgI li ,�/ who after first being sworn by me , affixed his/her signature in the space provided above on this day of MAro h 2022LO fpt tary Pc, State at large Y Commission Expires : SHARON M. MORRIS * * MY COMMISSION # DD 991175 EXPIRES : July 31 , 2014 "leoF F�-71? e Bonded Thru Budget Notary Services END OF SECTION i i l } i 00454 2 00454 - Florida Trench Safety Act - REV 04-07 . doc - r. n. .u._ w_.._ r_ • nuirrnun nn nonu non icnrcnono CCU. A % *^ Ok n Af� ci #^ jafk 0#tA , ,;, k;d o a 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 : 9810 -B Project Name : 66th Avenue Roadway Improvements - Phase 2 (4th Street to 16th Street) 1 . Bidder's Name / Address : `7o/ Wh.`fOe way 'PVLr rY R a Furl- RLeete fL 3t�C 7 2 . Bidder's Telephone & FAX Numbers : 712- qtzt - sius- CFAw1 3 . Licensing and Corporate Status : a . Is Contractor License current? Je5 b . Bidder's Contractor License No : (, Cr I51 ► So3 [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers . 4 . Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract : 5 . What is the last project OF THIS NATURE that the firm has completed ? Cgrcu , K;veo. FAA. 00, 0 L ,Grl✓1� ✓ c/ �eoA 10> 6 . Has the firm ever failed to complete work awarded to you ? 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 the firm failed to complete the work . ] 1 7 . Has the firm ever been assessed liquidated damages ? NO [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed .] 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations ? . 06 _ [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which OSHA violations were alleged . ] 00456 - Qualifications Questionnaire .doc 00456 - i 9 . Has the firm ever been charged with noncompliance of any public policy or rules ? [ 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 . 11 . Has the firm ever defaulted on any of its projects ? N— [ if your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project 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 : ' Ben Cw24kev' Date of Inspections : 311 /I2 14 . Name of on -site Project Foreman : i�� da � C� c e„ ° 194ANkr Ctve.bA4Cy Number of years of experience with similar projects as a Project Foreman : Po wf' 15 . Name of Project Manager: $ev, GwebN,%iAr- Number of years of experience with similar projects as a Project Manager: 16 . State your total bonding capacity: 17 . State your bonding capacity per job : 30 , 000 , 18 . Please provide name , address , telephone number, and contact person of your l bonding company se. , ECJ, [The remainder of this page was left blank intentionally] i . l l 00456 - Qualifications Question naire .doc 00456 _ Exhibit A COMPANY NAME Guettler Brothers Construction MAIN OFFICE 4401 Whiteway Dairy Road Fort Pierce, FL 34947 TELEPHONE NUMBER 772 - 461 - 8345 FAX 772 - 461 - 8039 WEB SITE www,auettlerconstruction.com E-MAIL bend uettlerconstruction coT COMPANY LICENSE NO. CGCO31672 CUC1224669 EID # 20-3608928 STARTED IN 1978 NAME OF OFFICERS Manager Ben Guettler CURRENT VOLUME $ 1510001000.00 TARGET VOLUME $ 20,000,000.00 VALUE OF WORK MIN. $ 100 000.00 MAX $ 30,0001000.00 TYPE OF WORK Complete Sitework (Earthwork Drainage Sewer Water Subgrade Base Paving) UNDERTAKEN GEOGRAPHICAL AREA All of Florida NO, OF EMPLOYEES MANAGEMENT 10 ADMIN 5 TRADE DIRECTLY EMPLOYED 73 TRADE SUBCONTRACTED Concrete Curb & Sidewalks Asphalt Landscaping INSURANCE DETAILS Brown & Brown Gerald Arch 954-776-2222 REFERENCES BANK PNC Bank (Ginny McAlarnen 772.293-6074) 4156 Okechobee Road Fort Pierce FL 34947-5403 CUSTOMER Southwestern Machinery Office (772) 878.5860 Port Saint Lucie, FL 34988 George Elkins BONDING LINE $ 30,0000000.00 SURETY INFORMATION Brown & Brown Gerry Arch 954 776 - 2222 Developer References Shelby Homes Jack Short 954 318 1000 Ft. Lauderdale DR Horton Bob Porter 904-899-5915 Jacksonville Minto John Carter 9544734490 West Palm Beach Toll Brothers Corey Clive 561 741 5710 West Palm Beach Government References Donnie Robertson City of Okeechobee 863 763-3372 Director of Public Works Paul Bangs Martin County 772463-2848 pbangs@martin .fl. us Richard Bouchard St Lucie County 772462-1710 Engineer Himanshu Mehta Indian River County 772-770.5112 PE GC References RK Davis Construction Roger Preist 772 461 8335 Ft. Pierce Jacquin and Sons Mike Jacquin 772 465 2475 Ft. Pierce Community Asphalt Brian Beetle 772 770 3771 Melbourne Skanska David Hatch 615-636.3937 Ft. Pierce Engineer References Knight McGuire Scott McGuire 772 569 5505 Vero Beach CEG Engineering Jake Wise 321 2531221 Melbourne C & T Engineering Patrick Pecunia 772 464 3537 Ft. Pierce Carter & Associates George Simmons 772 562 4191 Vero Beach Rhette Keene Captec Engineering 772 692.4344 Stuart Rod Kennedy EDC Engineering 772 462-2455 Ft. Pierce Oscar Bermudez City of Okeechobee 863 763-3372 Okeechobee Projects to be Completed Fort Pierce Celebration Pointe mixed use 14 million complete site work Iso acres 2007 - 2008 Vero Beach Indian River Park of Commerce 8 million complete site work 135 acres Orlando SR 414 5 million complete site work 5 miles Port St. Lucie Carriage Pointe multi-family 5 million complete site work 80 acres Sebastian Brlstal Bay multifamily 11 million complete site work 50 acres Palm Bay Brentwood single family 2million complete site work 300 acres Port Orange Port Orange Plantations 3 million complete site work 158 acres Millstone Landing Large Subdivision I7million complete site work 285 acres Hutchinson Island Harbor Isle Condos 10 million complete site work loo acres Fort Pierce Pine Hollow Subdivision I million complete site work 50 acres Projects to be Completed Palm Bay Palm Bay Road widening 3 million mar 10 miles 2008-2010 Brevard County 1-95 widening Brevard County 7 million mar 25 miles Fort Pierce St, Lucie County E .O.C . t million complete site work 25 acres Vero Beach Bent Pine Subdivision 0.7 million complete site work 10 acres Fort Pierce Westside Baptist Church 0.7 million complete site work 15 acres Okeechobee Okeechobee Commerce Park 70 thousam complete site work 5 acres St. Lucie County Carboy Industrial Park 70 thousam complete site work I acres Brevard County Coastal Commerce Center 4 million complete site work 50 acres Lawnwood Hospital (Renovations) .125 Minion complete site work lane 19 . Complete the following table for SIMILAR projects : Date Name of Project Contact Person . Name Original Contract Final Contract Com leted Owner and Telephone Number Amount Amount Lireen /liberP4Y ! / ! rl�rGTsv Gu�T P 1?i:-4tc3 - ZS�f3 G!r S. qz 40" 59F4 Sg 1IJ6wof.r.r�> Ito . p SeQ. prevtOQ5 �tz r� o�dEr 00456 3 00456 - Qualifications Questionnaire , doc F:\Public Works\ENGINEERING DIVISION PROJECTS\9810&66th Ave Ph 2 4th St to 16th StlAdmimlbid documents\00456 a Qualifications questionnalre.doc 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: nV� � Cff _ (Signature ) ( Position or Title ) ( Date ) * * END OF SECTION I i 1 00456 - 4 00456 - Qualifications Questionnaire . doc SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one - half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be 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 . 9810-B for 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) Work to be Performed Subcontractor's Name/Address 1 • St4v�S Sh rlP 1 W \ Soto l �v1ArS♦ rTwt F4 �/t � r1 Prercrr FL 3g94 fo s . 1 t+e= .� Lc. . d Se %400 a rt 2 . L arctScap;`7 # �rrtq : o w 5 L1 55 2 ` %A P l 3 . C ewa �e ( � v�54.ruc � tov� � T3r PC� i-� ' ! 2S' 'llw .+�c� s A-vL ce e 4 . .,arnA C.L t t� Dk/ka L� Po IC50 k os -ts 7 �Pkt%AP#k 50 liiv ALF eC) CorvSTr4vc� 75` o .%! PAN Cw .S t v t� l c, ✓S 6 . �l�tf'rr` Co� ( C Pv► n5 ) 61o1 w EA .� �all � C 6tvcl e '�elb . v �e FL 329f 3 `( AA LAKTcr2. -3 PtSSvL� c . 1- e S 7 . SvJvet, i � t"to � tis ~ 5+- Vero $ et, cv. 1=L_ 32Gt1a0 8 . 9 . 10 . 11 . 12 . 13 . y 14 . 15 . i } 16 . } 17 . Note : Attach additional sheets if required . i * * END OF SECTION i 00458 - List of Subcontractors REV 04-07 . doc 00458 - 1 g1V�k Indian River County Purchasing Division Ao . 1800 27th Street Vero Beach , FL 32960 LoRi�A — ADDENDUM NO . 1 Date : February 22, 2012 Project Name : 66TH Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street ) BID NO . 2012032 PROJECT No . 9810B Bid Opening Date : The Bid Opening date Wednesday February 29, 2012 at 2 : 00pm is hereby amended to Wednesdav , March 14, 2012 at 2 &00pm TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents . Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . All questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department in writing at PurchasingPircgov. com . Interpretations or clarifications considered necessary by 'ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten ( 10) calendar days prior to the date for opening of Bids shall not be answered . Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, 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. The purpose of this Addendum is to extend the bid opening date to March 14, 2012. Addendum No . 2 will be forthcoming and will include the pre-bid meeting minutes, clarifications and corrections to the plans and bid documents. F•IPuhlir w,. 4%1FNR1NF.FRIN(: DWISION PROfECM9a1o8-6616 Ave Pk 2 41N Sr to 16s6 SMdnimL4DDENDUMSUddendum Na 1. 24241d« Page ] 02 * * * * * * * * * * * * *This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * ADDENDUM NO . 1 is submitted by Michael D . Nixon, P. E ., Roadway Production Manager and erry avis, Purchasing Manager Company Name � YoF�evs /�tb�i-cc�db /� Name : "rFevt ve� Vke�v Title : M ►4n �a4 �, �✓t (Type / Printed ) /e Authorized Signature : Date : �3z/ z < l Z Telephone : �7n- `�fel - 83 `1S' Fax : g�V�R Indian River Count Purchasing Division y z 1800 27tH Street Vero Beach , FL 32960 ADDENDUM NO . 2 Date : February 24, 2012 Project Name : 66TH Avenue Roadway Improvements sins Phase 2 (4th Street to 16th Street ) BID NO . 2012032 PROJECT No . 9810B Bid Opening Date : The Bid Opening date Wednesday March 14 . 2012 at 2 : 00pm A Pre - Bid Conference was held on February 15 , 2012 at the Indian River Administration Building . Minutes will be included with this addendum . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents . Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents . This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . All questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department in writing at purchasinR@ircRov. com . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten ( 10) calendar days prior to the date for opening of Bids shall not be answered ( Deadline March 4, 2012 by Midnight ). Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach , FL 32960 prior to the date and time shown above . Late bids will be returned unopened . Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Page 1 of S F'\Pohlie WnriedFNCvrhMFRINn DIVIUnM PRnIFCTS\98108-66th Ave Ph 2 4eh o m 16th St\Admim\ADDENDUMS\Addendum No 2 244- 12.doc CLARIFICATIONS / CORRECTIONS/QUESTIONS : 1 ) All phases of the Maintenance of Traffic ( MOT ) plan shall be submitted for review and approval by- the Indian River CountyTraffic Division , The MOT is not required to be certified by a registered Professional Engineer. 2 ) Line Item 285 -704, ( 6" CEMENTED COQUINA SHELL BASE ( OR OPTIONAL BASE GROUP 7 ) shall be amended to read ( 6" CEMENTED COQUINA SHELL BASE ( OR OPTIONAL BASE GROUP 4 ) 3 ) Line Item 285 -707, ( 8" CEMENTED COQUINA SHELL BASE ( OR OPTIONAL BASE GROUP 7 ) shall be amended to read ( 8" CEMENTED COQUINA SHELL BASE ( OR OPTIONAL BASE GROUP 6 ) 4 ) Concrete sidewalks shall be minimum 3000psi , 6" thick with no reinforcement . All other poured - in - place concrete ( parking, turnouts or driveways ) shall be minimum 3000 psi , 6" thick with fibrous concrete reinforcement . Welded wire mats are not required . 5 ) Soil test reports by Fraser Engineering and Testing, Inc. will be posted on the Indian River County FTP site . FTP SITE INSTRUCTIONS : a ) ftp ://ftp . ircgov . com b ) User name : publicworks c ) Password : pwftp d ) 9810- 13 66th Avenue Phase 2 / Addendum 1 i ) Fraser Report ( Feb 1999 ) pdf ii ) Fraser Report ( Feb 2000 ) pdf 6 ) Some plan sets in the bid documents were missing Sheet 39 , Sheet 39 will be included in this addendum . 7 ) IRC Utility services : a ) Modified " Utility Adjustments" in Itemized Bid schedule . b ) Sheet 11 — Modified Water and Wastewater "Tabulation of Quantities" and added Water and Force Main Utility Pay Item Note . c ) Sheet 22 — Eliminated 234 Feet of 4 inch Water Pipe , Relocated Blow off. d ) Sheet 23 — Added one 2- inch Water Service Relocation . Added note to plug existing water service corporation stops on water services to be relocated . e ) Sheet 25 — Added temporary linestop valve on both 5th Street and 5th Place . f) Sheet 29 — deleted & inch water pipe extension west along 8th Street . Relocated south end of proposed 14/2 — inch water service . g ) Sheet 61 — Added 6 - inch force main pipe extension note for clarity. Deleted water conflict crossing at Sta 16+00 on 81h Street . Added water conflict crossing at Sta 17 + 25 on 8th Street . h ) Sheet 62 — Deleted water conflict crossing at Sta 19+ 00 on 8th Street . i ) Sheet WC4 — Added Addendum No . 2 Construction notes . J ) Sheet W& 6 — Deleted water conflict crossing at Sta 16+ 00 on 81h Street . Added water conflict crossing at Sta 17 +25 on 8th Street . k ) Sheet W& 7 — Deleted water conflict crossing at Sta 19 + 00 on 8th Street 1 ) Sheet W& 8 — Added one temporary linestop valve on both 5th Street and 5th Place . Page 2 of S F \Public WorksIENGINEERING DIVISION PROJECTS\9910B Wh Ave Ph 2 41h St to 16th SI\Admlm\ADDENDUMS\Addcndum No. 2, 2-24- 12.doc m ) Prior to construction all valves shall be located by GPS and properly mapped out . The cost shall be included in Line Item 1081 RECORD DRAWINGS/AS- BUILT DRAWINGS n ) All valves shall be maintained and accessible during construction . o ) As- builts of the utilities shall be completed and approved prior to any testing ( pressure, bacteriological , etc . ) . The cost shall be included in Line Item 10 & 1 AS- BUILTS p ) Pressure and /or bacteriological testing shall be included in all utility stub outs . q ) The cost for the sampling points on the utility lines shall be included in the cost of the pipe . Also included in this cost and the responsibility of the contractor is the jumper for filling, pressure test , chlorination , filling, flushing, bacteriological testing, etc. 8 ) Sheet 10 — Revised Type 'C' inlet, 12" CAP , 15" RCP, 18" RCP, and 24" RCP quantities per plan revisions . 9 ) Sheet 12 — Revised S- 102, S405, and S- 106 per plan revisions . 10 ) Sheet 13 — Revised S- 504 per plan revisions . 11 ) Sheet 14A — Revised S-506 and added S- 508 per plan revisions . 12 ) Sheet 42 — Labeled 30' Indian River County ROW for Atlantic Boulevard and removed Atlantic Boulevard label from IRFWCD Main Relief Canal ROW per IRFWCD comments . 13 ) Sheet 46 — Labeled 30' Indian River County ROW for Atlantic Boulevard and removed Atlantic Boulevard label from IRFWCD Main Relief Canal ROW per IRFWCD comments . 14) Sheet 57 — Relocated and revised inverts of S- 504 . Revised inverts of S- 102 and 5405 . Revised the pipe from 5402 to S-504 to 15 " ADS . Revised the pipe from S- 504 to 5405 to 15" ADS . Revised the pipe from S- 105 to S- 106 to 24" RCP . Added S-508, Type 'C' inlet and 15 " RCP from S-508 . 15 ) Sheet 58 — revised structure data for S - 106 to include 24" RCP for the north invert . 16 ) Sheet 112 — Revised section 24+00 (4th Street ) per plan revisions . 17 ) Sheet 119 — Revised proposed 48" RCP to 60" RCP . 18 ) Sheet 158 — Labeled 30' Indian River County ROW for Atlantic Boulevard and removed Atlantic Boulevard label from IRFWCD Main Relief Canal ROW per IRFWCD comments . 19 ) The Bridge plans Sheets B1, B21 B3, B9 , and B11 have been revised to reflect comments by the Indian River Farms Water Control District . 20 ) The contractor is not required to be a FDOT Qualified Contractor to bid this project . 21 ) The latest Army Corp of Engineers Permit is included in this Addendum . 22 ) LINE ITEM 108 - 3 AERIAL PHOTOGRAPHY ( 4 PANELS/ FLIGHT EVERY 30 DAYS DURING PROJECT ) shall be amended to include an electric copy on CD of each aerial photograph ( one CD per each 30 day flight ) . Page 3 of S F \Public Work%\F.NCwINFFRING DIVISION PROJECTSM I OR-66th Ave Ph 2 4th St to 16th St\Admim\ADDENDUMSWddendum No. 2. 2-24- 12.doc 23 ) Line Item 102-99, ( CHANGEABLE VARIABLE MESSAGE SIGN ) , QUANTITY 360 PD shall be amended to read ( CHANGEABLE VARIABLE MESSAGE SIGN ) , QUANTITY 420 PD1 . a ) Additional time was added to provide 6 Changeable Variable Message signs set up for 10 days prior to construction informing motorist of the upcoming road work . 24 ) QUESTION : Will the County require laser profiling and video taping of the new drainage system ? ANSWER : The contract does not require laser profiling or video taping of the new drainage system . 25 ) QUESTION : After reviewing the plans and Itemized Bid Schedule there does not appear to be any line item for the removal and replacement of existing livestock fence with the installation of the temporary livestock fence , remove and replace existing fence outside of the ROW or removal of existing fence . ANSWER : These line items will be addressed by the addition of the following new line items on the Itemized Bid Schedule : 1 . Line Item 55040400 REMOVE EXISTING FENCE (AS SHOWN ON THE PLANS) per LUMP SUM 2 . Line Item 55040401 REMOVE AND REPLACE EXISTING FENCE OUTSIDE RIGHT-OF -WAY (AS SHOWN ON THE PLANS ) per LUMP SUM 3 . Line Item 550- 10402 INSTALL TEMPORARY FENCING (AS SHOWN ON THE PLANS ) per LUMP SUM ATTACHMENTS . 1 . Pre -bid Meeting Minutes, February 15, 2012 2 . REVISED Itemized Bid Schedule ( Labeled Addendum No . 2 ) 3 . Sheet 39 of the plans ( missing from some of the bid sets sold ) ( dated February 24, 2012 ) 4 . REVISED Plan sheets 10, 11, 12, 13, 14A, 22, 23 , 25, 29, 42,46, 57, 58, 61 , 62, 112, 119, 158 ( dated February 24, 2012 ) 5 . REVISED UTILITY PLANS WG1, WG6, WC- 7 , WC-8 ( dated February 24, 2012 ) 6 . REVISED BRIDGE PLANS B1, 621 B3 , B9, B11 ( dated February 24, 2012 ) 7 . Latest Army Corp of Engineers Permit Page 4 of 5 ADDENDUM NO . 2 PROJECT : 66TH Avenue Roadway Improvements Phase 20 th Street to 16th Street ) BID NOt. 2012032 PROJECT No . 9810B * * * * * This Addendum MUST be completed and returned with your Bid * * * * * * * * * * 4Zft ADDENDUM NO . 2 is submitted by0 x Michael D . Nixon, P . E ., Roadway Production Manager and Je Davis urchasing Manager Company Name �roelat.S GSC Name : 16� 1.� � �e �-Q � Title : ou � �vrer� (Type / Printed ) Authorized Signature : ct Date . AezL Telephone : '? 7 z ` 4 (e ( — Bac�S— Fax : �7 �7 Z — q (4 Page 5 of 5 F'Wublic Works\ENGINEERING DIVISION PROJECTSM IOB-66th Ave Ph 2 4th St to 16th SIUdmim\ADDENDUMSWddendum No. Z 2-24- 12.doc Indian River County Purchasing Division 1800 27th Street y Vero Beach , FL 32960 Wood LOR1��' ADDENDUM NO . 3 Date : March 6, 2012 Project Name : 66TH Avenue Roadway Improvements — Phase 2 (41h Street to 16th Street ) BID NO . 2012032 PROJECT No . 9810B Bid Opening Date : The Bid Opening date is Wednesday March 14 , 2012 at 2 : 00pm 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. No questions will be responded to from this time forward All Bids, including signature pages of Addenda 1, 2 and 3, must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened . Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Page 1 of S F;tPublicWorbJENGINEEBINGDIVISIONPAOJECTS�98108-66th Ave Ph 2Oth St to 16th StUldmlmWDDENDUM5�,4ddendum Na. 3, 3-S1Zdoc CLARIFICATIONS / CORRECTIONS/ QUESTIONS : 1 . All fill material placed in the road right- of-way shall meet AASHTO Soil Classification A-3 with a maximum of 10% passing the 0 . 075 (200 ) sieve . 2 . REVISED Plan Sheets 10 and 11 - Revised quantities per various revisions . 3 . REVISED Plan Sheet 12 - Revised S -96 per plan revisions . 4. REVISED Plan Sheet 14 - Revised EW- 23 per plan revisions . 5 . REVISED Plan Sheet 14A - Added EW-28 per plan revisions 6 . REVISED Plan Sheet 23 - Show jumper and added note per FDEP . 7 . REVISED Sheet 49 — Added RIPRAP SAND CEMENT ENDWALL at Station 90+ 20 left, REVISE Line Item 5304 RIPRAP SAND CEMENT ENDWALL Quantity 92, Unit CY is amended to read 530- 1 RIPRAP SAND CEMENT ENDWALL Quantity 103 , Unit CY 8 . REVISED Sheet 58 — Installing an additional 70 feet of 72" RCP from Station 28 +05 to Station 28+75, REVISE Line Item 430475405, 72" REINFORCED CONCRETE PIPE, Quantity 781 , Unit LF is amended to read 430475405 , 72 " REINFORCED CONCRETE PIPE, Quantity 849, Unit LF . This line item shall include the removal of the existing 54" CMP and restoration of the dirt driveway within the limits of this pipe extension . The Riprap Sand Cement Endwall shall be moved to the end of the pipe . 9 . Line Item 3394 ASPHALT PAVEMENT MISCELLANEOUS ( 2" THICK UNDER GUARDRAIL), QUANTITY 989, Unit SY is amended to read 3394 ASPHALT PAVEMENT MISCELLANEOUS ( 3 " THICK UNDER GUARD RAIL), QUANTITY - 150, Unit — TON . 10 . Question : Will there be a line item added to the bid schedule for the Littoral Zone Planting and Maintenance shown on Sheet 153 of the plans ? If not, do we include that in the landscape bid items? Answer : The Littoral Zone Planting and Maintenance shown on Sheet 153 of the plans shall be included in line Item (580-1 - LANDSCAPING COMPLETE (SMALL PLANTS LESS THAN 7 GAL) (SEE PLAN FOR QUANTITIES), QUANTITY - 1, Unit — LS ) and Line Item (580-2 - LANDSCAPING COMPLETE (SMALL PLANTS GREATER THAN 7 GAL) (SEE PLAN FOR QUANTITIES ), QUANTITY - 11 Unit — LS ) 11 . Question : The plans call for 2" x 2" and 1 . 75" x 1 . 75" galvanized posts . Are these posts u-channel or square tube ? If they are u -channel , do the plans mean 2# u -channel and if square tube could you let me know where I could procure these materials ? Answer : All posts are square tube . The County has used Ft . Pierce Universal Signs and Accessories in the past . However there are other suppliers available . 12 . Question : Are the sign posts required to be 12, 14, or 16 gauge steel ? Answer: All posts are required to be minimum 12 gauge steel . Page 2 of 5 RAPublicWorkAENGINEERINGDIVISION PROIECM98108-66th Ave Ph 24th St to 16th StVdmimWDENDUMSVddendum No. 3, 3-5.11.doc 13 . Question : On Plan Sheet 2 under General Notes : No . 9 states : All existing drainage structures are to remain unless otherwise noted . All existing drainage pipe is to be removed unless otherwise noted . Do we plug the existing structures where the existing drainage pipe has been removed ? Answer: Within the limits of work, there is only one structure to remain , and the existing pipes for this structure are to remain . ( See Sheet 51, Station 121 + 60 L ( 4th Street) ) . 14 . Question : Bid Item 430- 175 - 101A — calls for 6" Polyethylene Pipe . The plans call for 6" PVC Schedule 40 . Please clarify. Answer: Bid Item 430- 175401A should be 6" PVC Schedule 40. However polyethylene pipe would be accepted if more economical . 15 . Question : 4" and 12" Underdrain per FDOT Index 286 : What type is it, I , II , or III ? Please clarify . Answer : The underdrains ( 4" and 12" ) are modified from the FDOT Index 286; therefore do not match any of the FDOT types . Specific details have been created to address each type of underdrain on Sheet 151 : 1 . Typical 4" Underdrain Detail 2 . Typical 12" Underdrain Detail 16 . Question : Would it be possible to have an electronic bid schedule ( excel spreadsheet ) be furnished to the contractors for use in the bid submittal and /or could we reproduce the spreadsheet for our bid submittal ? Answer: It is our policy not to give out excel spreadsheets for the bid schedule during the bidding process . 17 . Question : Addendum No . 2 ( other issues —page 2 ) Please clarify the earthwork volume is derived on the BOTTOM of the subgrade and is not included in the earthwork volume . Answer: The line item " Excavation , Subsoil ( Roadway Cut)" includes the volume of all material being removed within the "roadway" work . The line item " Embankment" includes the volume of material being installed to the bottom of the base. Item1204A EXCAVATION SUBSOIL ( ROADWAY CUT) , Item 120413 EXCAVATION SUBSOIL ( LAKES ), and Item 120-6 EMBANKMENT (COMPACTED IN PLACE ) have been amended from LUMP SUM to CUBIC YARDS . The actual quantities are reflected in the quantities . 18 . Question : Addendum No . 2 (other issues —page 2 ) Appears to indicate the possible re- use of the unsuitable material in the project. If the " unsuitable" material can be manipulated through excavation , and densification could be achieved, would this material be acceptable for structural purposed ? Answer: The unsuitable material may be utilized if it is modified to meet the design specifications in the bid documents . This includes but is not limited to Stabilization per FDOT Specifications and all fill material placed in the road right-of-way which shall meet AASHTO Soil Classification A-3 with a maximum of 10% passing the 0 . 075 ( 200 ) sieve . 19 . Question : Where does line item 430475401A get installed ? Answer : Item #430475401A refers to the proposed 6" PVC depicted on the plans . The material should be PVC, however, polyethylene pipe will be accepted . 20 . Question : Where is the line item for the 6 " PVC? Answer : See question / answer No . 14 above . Page 3 of 5 FAPublic WorkAENGINEERING DIVISION PROJECTS IO"6th Ave Ph 24th5tto16thStl4dmfmVDDENDUMSWdendumNa. 3, 3-S12doc 21 . Question : Where is the line item for the 8" HDPE 115 LF on Sheet 49 ? Answer : A line item was not included for the 8" HDPE ( 115 LF ) on Sheet 49, and will be added to the Itemized Bid Schedule . 22 . Question : Where is the line item for the flash board riser on Sheet 51 Answer: A line item was not included for the flashboard riser on Sheet 51, and will be included in the cost of the 18" CMP on this sheet . 23 . Question : On Sheet 49 the truncated domes are on the curb, also are only shown to be 5' wide . Please clarify the proper placement . Answer : On Sheet 49, the truncated domes are not on the curb . The curb stops on the outside of the domes and there is drop curb between them . The domes should match the width of the sidewalk, which is 5 ft . 24 . Question : On several sheets the truncated domes are not shown as the full width of the sidewalk . Is this correct ? Answer : The truncated domes shall be the full width of the sidewalk with 2 ft . depth . 25 . Question : Are stabilized turn, outs included in Line Item No . 16046 ? If yes, then do the asphalt paving turn outs have 6" base only and no stabilized sub-base under them ? Answer: Turnout construction includes - 1 . 5" SP-9 . 5 asphalt, 6" Base, & 8" Type B Stabilization . For stabilized drives beyond the asphalt turnout, the material is 12" Type B Stabilization ( Bid Item 160- 4A ) . 26 . Question : What are the specifications for fence paint ? Does the fence paint have any special specifications ? Answer : Specs for the paint on the "horse" fences were not provided however it should be an exterior paint . The County or property owner will provide the paint specifications, and consideration should probably be taken that it should not be harmful to the livestock. 27 . Question : Does the Type B fence detail need to meet the FDOT Specifications ? i . e . : Terminal posts every 300 LF, anchors, and clips per FDOT Standards ? Answer: The Type B fence that is black vinyl clad should meet FDOT Standards, however, the horse fences should meet the specifications on the plans as provided by the property owners . 28 . The FDEP Notification of Use of General Permit for the water main extension is attached . ATTACHMENTS : 1 . REVISED Plan Sheet 10 2 . REVISED Plan Sheet 11 3 . REVISED Plan Sheet 12 4. REVISED Plan Sheet 14 5 . REVISED Plan Sheet 14A 6 . REVISED Plan Sheet 23 7 . REVISED Plan Sheet 49 g. REVISED Plan Sheet 58 9 . REVISED Itemized Bid Schedule 10 . FDEP General Permit — Water Main Extension 11 . Section 120 EXCAVATION AND EMBANKMENT ( Lump sum amended to cubic yard ) Page 4 of S F:�PublicWorialENGINEER)NGDIWSIONPROJECTSIYBICB-66th Aw Ph 79th [t M I6th 9AAdmim IADOFNDUAASUddendum No. 3. 3-5-Udoc Ile f, 777777 777T7 1 t .r r �#tr, . '*� �,; �:i c'R mr ti ,' ,.r 4e , � yti� n , ' x t Well ., 1 ,{ '� .n- trrr;; .� ,� AI . �'t :'r=" `�*`�' "a s ed 44 " r, :r, . fee ADDENDUM NO . 3 PROJECT : 66T" Avenue Roadway improvements Phase 2 ( 4th Street to 16th Street ) BID NO . 2012032 PROJECT No . 9810B * * * * * This Addendum MUST be completed and returned with your Bid * * * * * * * * * * ADDENDUM NO. 3 is submitted b Y Michael D . Nixon, P. E ., Roadway Production Manager and J Davi , Purchasing Manager i4Dav Company NameZok44t`,5 t�oUlSFyuG� i `o�ir Name : Title : ^n .4ws4yE� (Type / Printed ) Authorized Signature : Date : Telephone : 772 - 4t'- 3y3Fax : 77 2 - 9 ca I - Sloes Page S of S F:tPubficWorlaIfNGINEERINGDIVISIONPROJECTS�98108-66th Ave Ph 2 4th St to 16th St Admlm%ADDENDUMSWdendum No. 3, 3•S-I 1. doc If- f „.� ,a .r, �yaror 3 . a '"`x "` , 1`' ,:_.., +' „� .�, ;. '' � .r a't , r. J 4 slpil +^ "xks ° , .:t u x sv. Qas,sw g ,, re``d 9c� '� y r`• , . . . . , . . . �r e . : ,.. ,1 refereea�: ; IT Ir r4 . 0 STATE OF FLORIDA =:z _= DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ( 850 ) 487 - 1395 o 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 - 0783 GUETTLER , BENJAMIN GORDON GUETTLER BROTHERS CONSTRUCTION LLC 4401 WHITEWAY DAIRY RD FORT PIERCE FL 34947 Seq Cef; I , I Ile" l rr > reIF If a V364 F: � rVV lr� IT ks trt : Congratulations ! With this license you become one of the nearly one millionIF "1� � A IFIT, Fee 1.11 ate 'd� � ' > 41 Fwk CI ^ k Floridians licensed by the Department of Business and Professional Regfri ulation tr �� 1 all ,a t' , Our professionals and businesses range from architects to yacht brokers , from if � , ' 4/� ' rE Fix �Fbb:a IZFIFpp� C; ,I Fire -r rc boxers to barbeque restaurants , and they keep Florida 's economy strong . r ; ' °j'�,;; , o � -. " ;: i`�r .. '. WK C ,I lflt? 27 ;25 Every day we work to improve the way we do business in order to serve you better �1� £afen? � f \ For information about our services , please log onto www. myfloridalicense. com = � " There you can find more information about our divisions and the regulations that nfee Gt} ,PC impact you , subscribe to department newsletters and learn more about the Ilix ( � `t* } iZ, a Oil Department's initiatives . G' r Y` CI E 1if L t' JY di'' f f '� I 'Fa L f�y�N JI IF �III I Our mission at the Department is : License Efficiently , Regulate Fairly . We ra !z G s� • i , if CIVI R y Y " ' I e ' constantly strive to serve you better so that you can serve your customers , no or" Jf " = 'la` 1 . � xr�" } r ' " Fee Thank you for doing business in Florida , and congratulations on your new license ! IF ?aeE "4rTex ���r •,; 8 . _' IIDcp3:raE.'\Xssr� da,4e .. 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F ., ;, 1 r e'c ° L . :4. i . ; .✓ lr t ('3��%,," . � pA� 3't Free E :r air lear +.v�Arq �. SPI: 4 �-: -4 "'+{CS IF F r �Lf CRI 1 ,r If a? tLIP J�! L, 1� p IF re. p4 {It `�1f � :e ' ,Le 4 it ':S-� .'' +.re,,�G. ,Ri C.. '� Ix, ' �. . . _ ;. r _.. :. 3 , . s .. . d . - - - . . _ .. II beIIFA .f x � w �xu-.� ' sa t z eiT w. t `II.IILL I k: < € AAIN `+, 4'� 4 sz11AIk %YI ILA` » �' �' g5. x; . ., w APAI I IN- I STATE OF FLORIDA I1 7 IAI , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION II CONSTRUCTION INDUSTRY LICENSING BOARD ( 850 ) 487 - 1395 R111940 NORTH MON OE STREET • � w TALLAHASSEE I AIAI GUETTLER , BENJAMIN GORDON GUETTLER BROTHERS CONSTRUCTION LLC 4401 WHITEWAY DAIRY RD FORT PIERCE FL 34947 I STATE OF FLORIDA ' AC# ], ii i Congratulations! With this license you become one of the nearly one million DEPARTh3E3 BUSES;;y .I IAF AND AN't tAIA AA Floridians licensed by the Department of Business and Professional Regulation . P20F83S�DNAL REGUL�+TION Our professionals and businesses range from architects to yacht brokers , from boxers to barbeque restaurants , and they keep Florida's economy strong . CIIC1224659 X2 / 31 ( 8 q1$'�7fl37071 Every day we work to improve the way we do business in order to serve you better. For information about our services , please log onto www.myfloridalicense.com . k CRRT MI1DER,GROU1 & EXA I ;CUITR :_ There you can find more information about our divisions and the regulations that GUETTLER , . ,RENJAMIN -Le00N - impact you , subscribe to department newsletters and learn more about the GUETTLER BROTHERS CORS-TRUTIOl L LdII `- Department's initiatives. ' IIIAA II Our -mission at the Department is . LicenseEfficiently., RegutabeFaidy. We._ - AI kkk Ft k constantly strive to serve you better so that you can serve your customers . is c$RT=FxrD uaaer the prtaioa8 of Ch . 48AA AA9 FALI s kNgIkA.A Thank you for doing business in Florida , and congratulations on your new license! i1 AAAL—AtI AA 1I LI II A AA NA eI dFIL AI IAIIAI1 _AIIIAAILI II LI rrI AA sXV*ration. .datsx AUG : . ,- :- Vu LII$ 1 3 :0074. DETACH HERE ACh ; k I STAGE OF FLORIDA x f , i DoFkAR EN'T OR B111-SI 1'ESS { AWD P 2OF-ESS30NAL R GUL1 iON ' -. T ` _ t_ . } 9NS RUC IO ;I D TRCAEI� rbovid G BOA$D E *LOt 323100141 ; j1_ _ _ $ LI % E;M I A IBl2 t u i :.�aA >"k '7I,. ; AN �� F . i 12 31" 1R8 . QS7 '03fT0?Z1 f - :CUZ22 £6A � .. ` �" :; - - ' ' - T1i6 � -�Rji1 "Lle & E A 7 1T LQi� III ►ed '" bei c r ' S C R IFT D or < � - derIFA r he 'p ,�aKi' s o is a A Chag X4,85 FSS . Expir`atiar rdaR eIiTJI 3Z , 2.Q 0L - _ 1 Pdh dIA IAA WILL a"u^ ` 'R _ a - - AAAz.A- S ce A TERrEIMTfiT GQRDON ' ` ; _ Z IE' Ii-E OTHERSn 4' ONST tUC' IA FPLC : 1` 444% I I3AIR` A RD y - - - FORT PIH�2C„E :FL 349;47 n it FI �nI ill : irii - , I1 it - _ _ r u p„ j rI - — _ I1 AANA -AFIIAILA1 ;l ' , wgCi1rE fhditT CHARLES �V 7tETO = ,II y{� CV 1` t 5' �'' C"RARY i.;rI;,I' , ' ' . !! ' ,a ! -` o00 ', i ,lb �y _ _ -[WqPl AJk11F2ED BY-LAW - : . - : =: . _ ?, _ . LN BOARD OF COUNTY COMMISSIONERS o z �LORI�P April 3 , 2012 Guettler Brothers Construction, LLC Attn : Mr. Ben Guettler 4401 Whiteway Dairy Road Fort Pierce , FL 34947 NOTICE OF AWARD Reference: Indian River County Bid No. 2012032 661h Avenue Roadway Improvements — Phase 2 (4titStreet to 16111 Street) Dear Mr . Guettler : I am pleased to inform you that on April 3 , 2012 , the Board of County Commissioners awarded the above-referenced project to your company . The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1 . Public Construction Bond in the amount of 100 % of the contract amount . ($ 7,498 ,095 . 00) . 2 . Certificate of Insurance , must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 3 . Two Signed Copies of Enclosed Agreement . In accordance with section 255 . 05 ( 1 ) (a) , Florida Statutes , you are required to execute a Public Construction Bond for the above referenced project. Please submit the Bond and Certificate of Insurance to this office at the address provided below no later than April 18 , 2012 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . Please execute both copies of the enclosed agreement and return them together with the required bond and certificate of insurance to this office. Thank you for your prompt attention and if you have any questions , please do not hesitate to contact this office . Sin erely, rry Davis , Purchasing Manager cc: Michael D. Nixon, P. E, Roadway Production Manager, Engineering Office of Management and Budget • Purchasing Division 180027 1h Street, Vero Beach , Florida 32960 • (772) 226- 1416 • Fax : (772 ) 770-5140 E- mail : purchasingna , irccov . com IV IV 44 IT V r r ,gWIT,'" v ,. s` . � - w VV I' ,.� k° rr s ` �' r t ,�q41 , Y 37 ss ;wM ,. . a+IVI&. 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 ( hereinafter called CONTRACTOR) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 = WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents , The Work is generally described as follows : The project consists of the paving of approximately 2 miles of 66th Avenue from 4th Street to 16th Street . Included will be the construction of a new bridge over the Indian River Farms Water Control District Main Relief Canal , drainage improvements , stormwater ponds , signing and pavement markings and landscaping . ARTICLE 2 - THE PROJECT 2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows : Project Name : 66th Avenue Roadway Improvements — Phase 2 (4th St . to 16th St . ) County Project Number: 9810- B Project Address : 66th Avenue (4th St . to 16th St . ) Indian River County , Florida . ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER 's representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ARTICLE 4 - CONTRACT TIMES 4 . 01 Time of the Essence A . All time limits for Milestones , if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Days to Achieve Substantial Completion, Final Completion and Final Payment A . The Work will be substantially completed on or before the 330th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General 00520 - Agreement ( Public Works) REV 04-07 (2) 00520 - 2 C :\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07 (2 ). doc IV q,I VIA .. _ IF I If 11h IF If II IF IFF, f, FfF2;FIII IF I IF Conditions , and completed and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 360th day after the date when the Contract Times commence to run . B . Utility relocations will be necessary for this project . Once the clearing and grubbing is complete and the roadway is deemed ready for utility relocations by the Engineer , the utility companies ( FPL , ATT , Comcast , Etc . ) will be given a utility window , not to exceed 90 days , to complete all relocations . Since the utility companies will be given precedence of the right-of-way to complete their work , the Contractor may continue working , as long as it does not hinder the utility relocation work . Additional time will be added to the contract time due to the utility window if deemed necessary by the Engineer. 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 r ' specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) , CONTRACTOR shall pay OWNER $ 2 , 514. 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Substantial Completion until the Work is substantially complete . After Substantial Completion , if CONTRACTOR shall neglect , refuse , or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER $ 2 , 514. 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for completion and readiness for final payment until the Work is completed and ready for final payment . ARTICLE 5 - CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . 8 , 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 : $ � , � 8I ocv Written Amount : sev ,, . M : to ,er,._ moo., v- 1�\vv kN�eA N . vv -e .y ;1�: ,2� tnQVSCA ,rVX � N ; v�tey -fie � olt �� 5 ! toOS ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments 00520 - Agreement ( Public Works) REV 04-07 (2 ) 00520 - 3 C :\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07 (2).doc IF rI IF IF IF IF . IF it vi A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 6 . 02 Progress Payments. A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent (5 % ) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( b ) , fifty percent ( 50 % ) completion means the point at which the County as OWNER has expended fifty percent ( 50 % ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents , 6 . 03 Pay Requests, A . Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR ' S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) (d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 (2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c) ( 2005) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 6 . 04 Paragraphs 6 . 02 and 6 . 03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 00520 - 4 00520 - Agreement (Public Works) REV 04-07 (2) j C :\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Flles\Content. Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07 (2). doc 1WTI 7 Iv , 4 . .. . q MW W Lr 6 . 05 Acceptance of Final Payment as Release . A . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however, final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond . ARTICLE 7 = INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions to the Construction Contract . ARTICLE 8 - CONTRACTOR ' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A . CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents , B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost , progress , and performance of the Work. D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions and (2 ) reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions , E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (surface , subsurface , and Underground Facilities) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any , expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the 00520 - 5 00520 - Agreement ( Public Works) REV 04-07 (2 ) C :Tocuments and Seltings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07 (2).doc 17 77 t . I III IN N ve Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents , G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents , H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents , I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 9 = CONTRACT DOCUMENTS 9 . 01 Contents A . The Contract Documents consist of the following : 1 . This Agreement ( pages 00520- 1 to 00520-8 , inclusive) ; 2 . Notice to Proceed ( page 00550- 1 ) 3 . Public Construction Bond ( pages 00610- 1 to 00610-3 , inclusive) ; 4 . Sample Certificate of Liability Insurance (page 00620- 1 ) ; 5 , Contractors Application for Payment (pages 00622- 1 to 00622-6 , inclusive) ; 6 . General Conditions (pages 00700- 1 to 0070043 , inclusive) ; 7 . Supplementary Conditions ( pages 00800- 1 to 00800- 10 , inclusive) ; 8 . Specifications as listed in the table of contents of the Project Manual ; 9 . Drawings consisting of a cover sheet and sheets numbered 1 through 169 , WC- 1 through WC- 11 , 13- 1 through B- 12 , L- 1 through L-6 & LI - 1 through LI - 11 inclusive , with each sheet bearing the following general title : 66th Avenue Phase 2 ; 10 . Addenda (numbers to inclusive) ; 11 . Appendices to this Agreement (enumerated as follows) : Appendix A — Permits 12 . CONTRACTOR ' S BID (pages 00310- 1 to 00310- 12 , inclusive) 13 . Bid Bond ( pages 00430- 1 to 00430-4 , inclusive) , Qualifications Questionnaire ( pages 00456- 1 to 004564 , inclusive) , List of Subcontractors ( page 00458 - 1 inclusive) . 00520 - Agreement (Public Works) REV 04-07 (2) 00520 - 6 C :1Documents and Settingslmmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX6\00520 - Agreement (Public Works) REV 04-07 (2). doc IN NINir IN IN I IN INN IN I le IN I It IN I I INN INN 14 . Sworn Statement Under the Florida Trench Safety Act ( pages 00454- 1 to 00454-2 , inclusive) 15 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 00452- 1 to 00452 -2 , inclusive) 16 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a ) Written Amendments ; b) Work Change Directives ; c) Change Order(s) , 17 . Contractor's Final Certificate of the Work ( page 00632- 1 to 00632 -2 of the Specifications ARTICLE 10 - MISCELLANEOUS 10 . 01 Terms A . Terms used in this Agreement will have the meanings indicated in the General Conditions , 10 . 02 Assignment of Contract A . No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment , no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents , 10 . 03 Successors and Assigns A . OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents , 10 . 04 Severability A . Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue C :1Documents and Settings\mmclaughlin\Local SettingslTemporary Internet FileslC00520 - 7 00520 - Agreement ( Public Works) REV 04-07 (2) ontent, Outlook\24026LX8\00520 - Agreement ( Public Works) REV 04-07 (2). doc 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 . [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 04-07 (2) 00520 - 8 C :\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8100520 - Agreement ( Public Works) REV 04-07 (2). doc el 2 %6 LI 41 A I Ir IL IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on Ajorl 1 3 201 (the date the Contract is approved by the Indian River County Board of ounty Commissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : INDIAN RIVER COUNTY goofs By : i •''p�M � � Iib y`��'-C .• (� . • • ' ' • • .� ,> C d2 � Ke✓ �j ,oEtnav5 LvLc vv� c4-i o ✓A •PAY Gary C . W eler, Chairman t '•; ~: ( Contractor) q � By . Jose h A . Baird Count Admi E RATEEA - y Hist APPROVED AS TO FORM AND LEGl4�.......N SUFFICIENCY: I ' IT y :/ f�� / 1 i�+ - Alan S . Polackwich , Sr. , County Attorney Address for giving notices : qqc) wh;/vvrti Isar y t"�io ,� Jeffrey K . Barton , Cl rk of Court i License No . C c1L t t t 503 M Attes . (Where applicable) Deputy rerk ( SEAL) Agent for service of process : t5e \ C-7�lef4-lCv Designated Representative : Name : Christopher J , Kafer Jr. , P . E . Designated Representative : Title : County Engineer Name : - 9 �C�6�lj 1801 27th Street Title : Vero Beach , Florida 32960 Address : ( 772) 226- 1221 Facsimile : (772) 778-9391 Phone : It I Z- Facsimile : 222_ ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) * * END OF SECTION 00520 - Agreement (Public Works) REV 04-07 (2) C :1Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\00 Content. Ou t. tltlook\24026LX8\00520 - Agreement (Public Works) REV 04-07 (2). doc i; 77 I An I In N If IN , + ,,��.'c �'E,� - �" .is ','� " ' 4* , s3.a ';kb } > r ,., _ s t �' db3 a www. sunbiz . org - Department of State Page 1 of 2 II f IN Home-., Contact Us E-Filing Services Document Searches Form s Help Previous on List Next on List Return To List No Events No Name History Entity Name Search Submit Detail by Entity Name Florida Limited Liability Company GUETTLER BROTHERS CONSTRUCTION , LLC Filing Information Document Number L05000096389 FEI/EIN Number 203608929 Date Filed 09/26/2005 State FL Status ACTIVE Principal Address 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE FL 34947 Mailing Address 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE FL 34947 Registered Agent Name & Address GUETTLER , BENJAMIN G 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE FL 34947 US Manager/Member Detail Name & Address Title MGRM GUETTLER , BENJAMIN G 4401 WHITEWAY DAIRY ROAD SUITE C if FT PIERCE FL 34947 Annual Reports Report Year Filed Date 2010 03/08/2010 2011 03/ 15/2011 2012 03/30/2012 Document Images 03/30/2012 -- ANNUAL REPORT View image in PDF format 03/ 15/2011 -- ANNUAL REPORT L View image in PDF format i 03/08/2010 -- ANNUAL REPORT inView image in PDF format I http ://W W W. sunbiz. org/scripts/cordet . exe ?action=DETFIL& inq.doc_number=L 05 0000963 . . . 4/ 18/2012 IN NN kNIn e I In Nr ININ[in I I I%`- N, IN Af on 4 IV IINI,II IN 'IV If lqaw UI kkInI. 144 IIl _ .xy. i a .� , ' �'r. ;�; � 7 . ItI, Ik,.OY ,; Sxx -,a' rm 4Y' ,' frn„ �k^ 4,- rkti , 4t - , :' >. �T IIN N, I www . sunbiz . org - Department of State Page 2 of 2 lI11I Ile 04/02/2009 -- ANNUAL REPORT View image in PDF format l 03/31 /2008 -- ANNUAL REPORT View image in PDF format 04/09/2007 -- ANNUAL REPORT View image in PDF format j 04/28/2006 -- ANNUAL REPORT View image in PDF format . l 09/26/2005 -- Florida Limited Liabilites t„ View image inPDF format Note : This is not official record . See documents if question or conflict . Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit r..{ orre : Contact us _I _.. Qovurnent 'earchec a Se -vices . . ozms tief � II I INNI oS�Y : Ght ;�i and Pr. va ;_ y ro. ices State Of Flonda , I ef:arLrt72!'li O` state http : //www. stanbiz . org/scripts/cordet. exe ?action=DETFIL& inq.doc_number=L050000963 . . . 4/ 18/2012 V,II In . . * �� `r., :'a'§ " . "' ' "pi $ `* ` + , „ * -s s�' r i , , `°c ' 34 s e , SECTION 00550 - Notice to Proceed r, I [Certified Mail -- Return Receipt Requested] Dated TO : ADDRESS : ( BIDDER) Contract For: 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) ( Insert name of Contract as it appears in the Contract Documents) IRC Project No : 9810 - 13 IRC Bid No , 2012032 You are notified that the Contract Times under the above contract will commence to run on By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated 330 days for Substantial Completion of this project and 360 days for Final Completion . In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . Also , before you may start any Work at the Site , you must : (add other requirements , if applicable) INDIAN RIVER COUNTY (OWNER) By : (AUTHORIZED SIGNATURE ) (TITLE ) 0 - 1 00550 - Notice to Proceed REV 1 -4- 11 . doc F.\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th OS0 o56th St\Admim\bid documents\00550 - Notice to Proceed REV 1 -4- 11 . doc Rev. 05/01 Ire I XIn ' 114 ; Ile In I ln�q In nIV If ecf I In In FV I . ,. , _ _ _ - . , . r . .. M , . In In In, VV I I IV In IV � . , qqq `,� � z " d", * r t tom,,. ? ''` ocy `" '`� ` ' ,, 'f � .3„ ?^41 ^ . f r I:r In r' b In ' L(j v 7F1151)i1CUIIFNI HAS BEEN RECORDED IN l HE PUBLIC REcORDS OF INDIAN RIVER COUNTY FL. BK : 2570 Pu ' A . Parfet of 3 04 Y12012 ,ii 02 :44 PIN . .JEFFREY K HAR I' ON. CLERK OF COURT This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name : Western Surety Company 2405 Lucien Way Maitland , FL 32751 407 - 919 - 3947 Bond Number: 58692682 Contractor Name : Guettler Brothers Construction , LLC 4401 Whiteway Dairy Road Ft . Pierce, FL 34947 772 -461 - 8345 Owner Name : Indian River County 1801 27th Street Vero Beach , FL 32960 772 - 226 - 1416 Project Number : Bid No . 2012032 Project Description : 66th Ave Roadway Improvements — Phase 2 (4 ”' Street to 16 1hStreet) Project Address : 66th Avenue between 4th Street and 16th Street, Indian River County , FL Legal Description of Property : 66th Avenue between 4th Street and 16th Street , Indian River County, FL This is the front page of the bond . All other pages are subsequent regardless of the pre- printed numbers. I IN I If I " ss�. . , .y. a:` '� .1 ,. '", 5"rIN " x � - ¢ ,^ ,... sbia xr . s, �,: v,.. u . : zFYI J IN FI I r 3 x > r JI i PUBLIC CONSTRUCTION BOND Bond No . 58692682 (enter bond number) BY THIS BOND , We GUETTLER BROTHERS CONSTRUCTION , IN65 principal and WESTERN SURETY COMPANY a cor poration , as Surety, are bound to INDIAN RIVER COUNTY herein called Owner, in the sum of $ 7,498,095 .00 * * * * * * * * * * * * * , for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal , 1 . Perrorms the contract dated A9r;1 'LOQ , between Principal and Owner for construction of 66th Avenue Improvements Phase 2 ( 4th Street to 16th 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 default by Principal under the contract ; and 4 . Performs the guarantee of ail work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 (2 ) , Florida Statutes . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond . DATED ON GUETTLER BROTHERS CONSTRUCTION , LLC 1Name of Pnnciogll By . - As` Atto�rrey in r ' Gerald J. rr� h 1 _ WESTERN SURETY COMPANY , Name of Sureiv i D061 D - 3 (A)610 % Puhlic Construction 8ond .doc P:\Public Warks\ENGINEERING DIVISION, PROJEGT51981013-66th Ave Ph 2 4th St to 16th SAAdfPl lvl)l) d decunlents100610 - Public Construction Bond . doc i N . e . IN I IN :I) I IN 191pollir IN W 111W . tR 'ytfi f z#.a�' 1� ¢ J d ..`k2A^ -: NI eN ,vk413 4 ..4` u: _ F. . Vestern SUrety Cot , pany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY- IN- FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation , is a duty organized and existing corporation having its principal office in the City of Sioux Falls , and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gerald J Arch , Shawn Alan Burton , Michael A Holmes , James F Murphy, Joanne M Mursell , Individually Of Fort Lauderdale, FL, its true and lawful Attomcy(s )- in -Fact with full power and authority hereby conferred to sign, sea] and execute for andon its behalf bonds , undertakings and other obligatory instruments of similar nature - In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed . This Power of Attorney is made and executed pursuant to and by authority of the By- Law printed on the reverse hereof, duly adopted, as indicated , by the shareholders of the curporalion . In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of March , 2010 . _ , .. i WESTERNSURETY COMPANY Sua r, �W opP 0 qqi'eS xNFG �t4V �rM CAMP .A Paul . Bruflat, Senior Vice President— State of South Dakota l County of Minnchaha )} ss On this 9th day of March, 2010, before me personally came Paul T. Bruflat, to me known, who , being by me duly sworn, did depose and say_ that he resides in the City of Sioux Falls , State of South Dakota ; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument , that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal , that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority , and acknowledges same to be the act and deed of said corporation . My commission expires ♦ � . titi . . .tititititititi . �.titi tip .. r r D . KRELL November 30, 2012 ~- f ^ NOTARY PUBLIC + - - - - f SEAL SOUTH DAKOTA SEAL i r r 4 4D. fCr , o " Public CERTIFICATE e11N 1 , L. Nelson , Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of die corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corpecation this _ q�� day of q ,� `T c } WESTERN SURETY COMPANY .._ a"tSfA�" .,"i . IN Forth F4280-09-06 L. Nelson , Assistant Secretary Ilk IF yy . . it '�^" i Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By - Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney , or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President , or by such other officers as the Board of Directors may authorize . The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies , or undertakings in the name of the Company . The corporate seal is not necessary for the validity of any bonds, policies , undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. . f IfIr r IF 5 fl ti it H 1 „g t ctI Ilk; I11177 mo. I>, 'rr `-x € s' . ,'As=?.s: Ilk . ,s �, T aIt , ;cx . oe OP ID : MK CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOMYV) 04/18/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S ), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder Is an ADDITIONAL INSURED, the policy( les) must be endorsed . if SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement (s), PRODUCER 772 -2864334 CONTACT Stuart Insurance , Inc . 3070 S W Mapp 772 -286 -9389 PHONEFAX Palm City , FL 34990 E -MAIL — Joseph E . Coons, CPCU. CIC . ADDRESS: PRODUCER _------ CVS.TOMER(D a : GUETB-1 Il- INSURERS) AFFORDING COVERAGE NAIC M INSURED Guettler Brothers Constr. , LLC INSURER A : Owners Insurance Company - -_ 32700 _____... Ben G . Guettler INSURER B P .O. Box 12271 -- --- - ----- - - - - --- ------ Fort Pierce , FL 34979 -2271 INSURER C : INSURER 0 : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH 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 ------- _ ADOL SUER'-_.__ -__ - LTR TYPE OF INSURANCE --�-- - � POLICY EF-K-�POLICY EXP �-- -- --- - - - -- " "- -- POLICY NUMBER IMMIDDrfYYYi fMM/DDIYYYYILIMITS GENERAL LIABILITY - EACH OCCURRENCE f COMMERCIAL GENERAL LIABILITY X 0AMAG>`TO-RENTED - - - _-_ -- . . _. ._.__ PREMISES .._ 1E a omkrrenceZ—T ' CLAIMS-MADE OCCUR MED EXP (Any one person) f PERSONAL 6 ADV INJURY f GENERAL AGGREGATE f GE N L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG ' f POLICY —! PER LOC ----- ---- S AUTOMOBILE LIABILITY COMBINEC SINGLE LIMIT S 1 , 000 ,00 X (Ea acadent) ANY AUTO 4883978000 06/02/11 06/02/12 - - --- -- — — - -- - --- - BODILY INJURY (Per person) f A ALL OWNED AUTOS BODILY INJURY (Par acridenp f _ SCHEDULED AUTOS - PROPERTY DAMAGE X HIRED AUTOSi I f I (Per acadenq X NON-OWNED AUTOS f � f UMBRELLA LIAR 1 OCCUR EACH OCCURRENCE S EXCESS LIAR .._ _ 'I CLAIMS-MADE . _._ _ �� AGGREGATE S DEDUCTIBLE — - - - - - f RETENTION f S WORKERS COMPENSATION WC STATL'- OTH- ANDEMPLOYERS' LIABILITY YIN ___iTORY LIM(TS. . _ __ : ER ANY PROPRIETOR/PARTNERIEXECUTIVE ; E L . EACH ACCIDENT • S OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory In NH ) If yes. describe under ! _ E L DISEASE • EA EMPLOYEE . f I Ilk DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT S I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space Is required ) RE : IRC Bid No . 2012032 . 66th Avenue Roadway Improvements - Phase 2 (4th Street to 16th Street) ` 30 day notice of cancellation applies CERTIFICATE HOLDER CANCELLATION IRBLDEP 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 AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved . ACORD 25 ( 2009109) The ACORD name and logo are registered marks of ACORD { ¢ I �C as 3 I 7 - I KI I1 1 � > .S << I Oe III . , OP ID : D3 CERTIFICATE OF LIABILITY INSURANCE DAT04/18D/Y1VY) arl sr12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S ), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy( les ) must be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement (s), PRODUCERCONTACT 954-776. 2222 NAME : Brown 8, Brown of Florida, Inc . 954-776 -4446 PHONE FA/C, No 1201 W Cypress Creek Rd # 130 IAfC• Nq€ nt__ _ __ _ _ __ __ __ _ . ....__ . ._ ____ ..1 ) P . O. Box 5727 E-MAIL Ft. Lauderdale, FL 33310 -6727 Aooggss __ _- - ee - - _ PRODUCER GUETT-3 Gerald J . Arch , CPCU , CIC c sroraEglo M_ W SURERtS) AFFORDING COVERAGE NAIC N — __.._. _. _. . . ._ INSURED Guettler Brothers Construction INSURER A : Amerisure Mutual Ins . Co . 23396 LLC _ � �--- - W SURER 8 : Benjamin G Guettler INSURER c : PO Box 12271 _ _ _ - - INSURER D I Fort Pierce , FL 34979 -2271 - -- - ---- - - I - --- - INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN . THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . IN SR _._ _... . _ 0000-0000 --_ . -. __. AD(SLi3UBR 0000 _ _...._. _..0000_.___T..-POLICY EFF POLICY E%P LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDD(YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE J $ 1 ,000 , 00 _ - DAMAGE TO t: f0000— 0000 A X COMMERCIAL GENERAL LIABILITY GL2054501 06/02/11 06/30/12 PREMISES (Ea occurrence) tS 300 ,00 CLAIMS-MADE LiOCCUR MED EXP (Any one Person) f S 10100 PERSONALd ADV INJURY ! S I 1 ,000 , 00 & ADV N . . GENERAL AGGREGATE $ 2,000, 00 _. ---- — * — 0000 — -- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG_ $ 21000100C POLICY i X PRO• LOC S AUTOMOBILE LIABILITY 4 COMBINED SINGLE LIMIT ( Eaacaeent ) S 1 , 000, 00 ANY AUTO - -- _._. .--- - ' -- BODILY INJURY ( Per person) S i . . .... ..._. _.__ . __ __ _ ALL OWNED AUTOS _ BODILY INJURY (Per accident) , S SCHEDULED AUTOS I PROPERTY DAMAGE A X y HIREDAUTOS I CA2054502 06/02/11 06/30/12 (Per accident) S A X NON-OWNEOAUTOS i CA2054502 06/02/11 06/30/12 S i S X UMBRELLA LIAB X OCCUR I � ' EACH OCCURRENCE S 5 000 , 00 EXCESS LIAB CL:JMS-MADE � AGGREGATE $ 51000j000 A 0000 _ : .. _ _ _.— __ _ _ CL12064503 06/02/11 06/30/12 -. T_ DEDUCTIBLE 5 X RETENTION $ 0 WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS' LIABILITY YIN ! - TORY_ LIMITS :._ Ei_:0000. ___ _ _ . . .. ANY PROPRIETOR/PARTNER/EXECUTIVE i E L. EACH ACCIDENT S OFFK;ERrMEMBER EXCLUDED � N / A ( Mandatory In NH ) i E L DISEASE - EA EMPLOYEE S I1 • es descrioe under _- DESCRIPTION OF OPERATIONS telo E L. DISEASE - PCLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required ) RE : IRC Bid# 2012032- 66th Avenue Roadway Improvements Phase 2 (4th Street to 16th Street) . Certificate holder Indian River County Is listed additional insured with respects to general liability if required by written contract. CERTIFICATE HOLDER CANCELLATION INDIAN / SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS , 1800 27th Street Vero Beach , FL 32960 AUTHORIZED REPRESENTATIVE © 1988 -2009 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2009/09) The ACORD name and logo are registered marks of ACORD 14 J led, It: f� - le �. Ile1% 11 � r 1, MlII �� ,. ; Ire ,eco CERTIFICATE OF LIABILITY INSURANCE D04/ 18/20 YYYY) 04/ 18/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S ) , AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( les ) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement (s), PRODUCER CONTACT NAME . __. _ _ _._ . _. _ _ .. ._ TFAX_ — Bouchard Insurance - IAJG�. flEy. Fast/: 5800) 277- 1620 ext. 4800 No 727 797-0704 101 Starcrest Drive E-MAIL - - -- L [A/C, ) : ( . . ) _ . . .. Clearwater, FL 33758 ADDRESS : INSURER(S) AFFORDING COVERAGE - NAIC N INSURER A : American Zurich Insurance Company 40142 INSURED INSURER 8 Workforce Business Services , Inc. Alt . Emp : Guettler Brothers Construction cuRER 1401 Manatee Ave . West Ste 600 INSURER RER C : _ Bradenton , FL 34205-6708 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : 11FL079807821 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 WTH 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 . — — A66C �lJBRj- --' - --'-- - --- -- - - --- — LTR TYPE OF INSURANCE POLICY EFF I POLICY EXP POLICY NUMBER MMIDDIYYYYI 1MM/DDrYYYYILIMITS GENERAL LIABILITY I ( EACH OCCURRENCE 5 I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CO ' -_ _ i PREMISES &a occurrenceL_ -'-- � S —.._ .. - '--._.._ .. CLAIMS-MADE OCCUR 1----- - - - - -- MED EXP (Any one person) S -- LIF RSONAL 8 ADV INJURY S I -- -- LOC ( i GENERAL AGGREGATE S GENT AGGREGATE LIMIT APPLIES PTS - CO ER , I PRODUCTS AGG S POLICY PRO- �__ - - I AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT i _(Ea acudentJBODILY INJURY ( Peir.--- __person) -S — - ---- -- --- -. ._... ANY AILITO - S LL OWN AUTO EO ' AUTOSULED I i BODILY INJURY (Per accident) -- -- -_ ._._--_-_ -- S ------- NtREDAUTOSNON-OWN AUTOS EO PROPERTY DAMAGE S S UMBRELLA UAB OCCUR I EACH OCCURRENCE _ S ` EXCESS LIAR CLAIMS-MACE AGGREGATE S -- --- Ile DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTN- AND EMPLOYERS' LIABILITY YIN X . TORY LIMITS ER , ANY PROPRIETOR;PARTNEWEXECUTIVE E L EACH ACCIDENT $ 1 . 000 , 000 A OFFICER,MEMBEREXCLUDED? NIA WC 90-00-818-01 12/31 /2011 12/31 /2012 1 - - - . -- - ? Mandatory in NHI yes describe under E L DISEASE - EA EMPLOYEE S 1 . 000 , 000 ntl � _ - . . . DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 11000 , 000 Location Coverage Period : 12/31 /2011 12/31 /2012 Client# 050682 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required ) Coverage is provided for Guettler Brothers Construction Also reference IRC Bid No . 2012032 only those employees 4401 White Way Dairy Rd 66th Avenue Roadway Improvements • Phase 2 (41h Street to 16th Street) teased to but not Ft Pierce , FL 34947 subcontractors of: CERTIFICATE HOLDER CANCELLATION Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 180027th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Vero Beach , FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ITI 4 111 1171 IL e 1'14 41 10 S YA _ +- ` r fr , llr aFP . SECTION 00622 = Contractor' s Application for Payment { 66t" Avenue Roadway Improvements - Phase 2 ( 4t" Street to 16t" Street ) ,k Application for Payment No . For Work Accomplished through the period of through To : Indian River County ( OWNER ) From : ( CONTRACTOR ) Bid : 2012032 Project : 9810- B 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 - 1 00622 - Contractor's Application for Payment - 03- 10 rev . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev. doc Rev. 05/01 114, 4 Page 2 of 6 2 . Updated Construction Schedule per Specification Section 01310 , and Dated By . ( CONTRACTOR — must be signed by an Officer of the Corporation ) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared who being by me first duly sworn upon oath , says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it , and that he/she executed the above Contractor' s Application for Payment and Contractor' s Certification statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct , and complete . Subscribed and sworn to before me this day of , 20 is personally known to me or has produced as identification . NOTARY PUBLIC : ( SEAL ) Printed name : Commission No . : Commission Expiration : [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th SMdmim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev .doc Rev. 05/01 �, Till Page 3 of 6 SURETY ' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , , a corporation , in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR ' s APPLICATION FOR PAYMENT , TO BE EXECUTED BY CORPORATE SURETY : Attest : Secretary Corporate Surety Business Address BY : Print Name : Title : (Affix Corporate SEAL ) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared , to me well known or who produced as identification , who being by me first duly sworn upon oath , says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment . Subscribed and sworn to before me this day of 20 Notary Public , State of My Commission Expires : [The remainder of this page was left blank intentionally] 00622 - 3 00622 - Contractor's Application for Payment - 03- 10 rev. doc R\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th SMdmim\bid documents\00622 - Contractor's Rev . 05/01 Application for Payment - 03- 10 rev .doc ``R V IVA n .V51 Page 4 of 6 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and /or material supplied by the Contractor . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE CERTIFICATION OF INSPECTOR : I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project . To the best of my knowledge , this statement of work performed and/or materials supplied appears to be reasonably accurate , that the Contractor appears to be observing the requirements of the Contract with respect to construction , and that the Contractor should be paid the amount requested above , unless otherwise noted by me . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] 00622 - 4 00622 - Contractor's Application for Payment - 03- 10 rev . doc F :\Public Works\ENGINEER ING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev. doc Rev. 05/01 It it Page 5 of 6 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid ( attach additional pages as necessary) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release of lien form ( partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary) : 00622 - 5 00622 - Contractor's Application for Payment - 03- 10 rev . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev .doc Rev. 05101 ¢ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F O p v3 sus siv vs 66 sFi sn w2 Uy }} JLL F- . . m Z Q W a in LU G L W O o U W O Q ti A .a U g a A N A W N kD v e F W cr O 0 N N kD o F p a z w v v rml LU F F 5 „ c w q Q A } E O J O ' c W W R' \ W d v +, a F .a x w o f moO VO w N a >= '' FQF ao � A mo F F vt F Z z N o a mo ca CL jamO aL Q O Ln CO O F O r I N Orml O O • W Y E 00 CL Fm Ln O O O • = Z „ }L LM F el IT, Q Z U N Q LO Q Qp 1 3 a C Z F O Q v cn O O ,. o O H Fer O Q lD Q1 d W J ( fl C: a s z O a a ao � Q rn L O V) U io E- o U tD w c w 6 LU :D7 O O J O o QC o O Q > ¢ O O C Z Z x LU w U o a J N v 0 W d p F a) x Z v a Lu cn w + U) Z 7 J , ^ N V Z _ w (p C f O_ mle L O C J O C J O F U � � O u G O Z 7 - CO CL Q u m U O Z ! C2 ou O E o = Z m7 PAGE 00622-6 Y d 41 1 el N4 Zee SECTION 00630 = Certificate of Substantial Completion Date of Issuance : 120 OWNER : Indian River County CONTRACTOR : Bid No . 2012032 Project : 66'0 Avenue Roadway Improvements — Phase 2 (4`h Street to 16th Street ) ENGINEER's Project No . 9810B CONTRACT FOR : 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street ) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: Tom OWNER And To7 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 07 .doc is Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00630 - Certificate of Substantial Completion REV 04- 07 .doc we eel %We The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : CONTRACTOR : The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on : ( Date ) . ENGINEER : By : (Authorized Signature ) CONTRACTOR accepts this Certificate of Substantial Completion on (date ) . CONTRACTOR : By : (Authorized Signature ) OWNER accepts this Certificate of Substantial Completion on ( date ) . OWNER : INDIAN RIVER COUNTY By : (Authorized Signature ) * * END OF SECTION 00630 - Certificate of Substantial Completion REV 04-07 . doc 00630 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admlm\bid documents\00630 - Certificate of Substantial Completion REV 04- 07 .doc WC 7 WR Iv SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 20 enter into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents , 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents , 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below . 5 . The Work is complete and ready for final acceptance by the OWNER . 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . 00632- 1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\981013 -66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00632 - Contractor's Final Certification REV 04-07 . doc Inn I In In ' 14 ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this _ day of 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 24th St to 16th StWdmim\bid documents\00632 - Contractor's Final Certification REV 04-07 . doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK ( TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by : ( Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project : PROJECT NAME : 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) INDIAN RIVER COUNTY PROJECT # 9810 - 13 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below. [Attach additional sheets as necessary] ( SURVEYOR ' S SEAL ) CERTIFIED BY : Printed Name : Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name : Company Address : Telephone Number: 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07 . doc 00634 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07 .doc Rev. 06/01 IL W-7 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright © 1996 National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N . W . , Washington , DC 20005 American Society of Civil Engineers 345 East 47th Street , New York , NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . 8 2 . 03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 01Intent , , . . . . . . * , , m . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents . I I I I a I I 1 0 1 1 1 M ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . 4 . 03 Differing Subsurface or Physical Conditions , 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 5 - BONDS AND INSURANCE , . I I W & I 1 0 & 1 1 4 1 1 1 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 41 , 14 1 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . 04 CONTRACTOR 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 05 OWNER 's LiabilityInsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . 09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . 10 Partial Utilization, Acknowledgment of Property Insurer, . . . . . . . 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 02 Labor, Working Hours " , . , " " , " , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 04 Progress Schedule . , . , , , , , , , , , , " , ' , , " . . . . . . 6 . 05 Substitutes and "Or-Equals ". , 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - General Conditions REV 04-07 . doc F: APublic Works\ENGINEERING DIVISION PROJECTSV981013 th Ave Ph 2 00700 - 2 4th St to 16th StAAdrntrnAbad docurnents\00700 - General Conditions REV 04-07 . doc WOW t . ses"IM I ms MP tipmema 6 . 08 Permits . , , , , , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 09 Laws and RegulationsImmommummaa a s6f a " same . 11somm . mmmemmeME22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 14 Safety Representative . . . . . . . . . . . . . . . 23 23 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 16 Emergencies . . . . 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 19 CONTRACTOR 's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 7 - OTHER WORK . 1 4 1 1 1 0 1 1 1 0 1 1 1 4 26 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 8 - OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 03 Furnish Data , , . . . 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . 8 . 05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 07 Change Orders . . . . . . . . . . . . . . . 8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 09 Limitations on OWNER 'S Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION , , , , 99 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . 03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 04 Clarifications and lnterpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . 05 Authorized Variations inWork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 9 . 06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . @ ' 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 10 Limitations on ENGINEER's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " " " " • • . . 29 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 04 Notification to Surety29 10 . 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W. . . .O. . .R. . .K11 . 01 Cost oftheW . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . 30 30 . 11 . 02 Cash A/lowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 32 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 00700 - 3 00700 - General Conditions REV 04-07 . doc F_Tublic Works\ENGINEERING DIVISION PROJECTSV98106-66th Ave Ph 2 4th St to 16th St Adn uu bid documents\00700 - General Conditions REV 04-07 doc 12 . 01 Change of Contract Price . . . 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . 03 Delays Beyond CONTRACTOR 's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . 12 . 06 Delay Damages . , , , , , , , , , ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK , , , , 13 . 01 Notice of Defecfs . . . . . . . . . . . . . . . . . . 35 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 03 Tests and Inspections , 13 . 04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . 37 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 14 . 02 Progress Payments . . . . . . . . . . . . 14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 1414 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 14 . 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 ARTICLE 17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 y, 1717 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 . 05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 y : 00700 - General Conditions REV 04-07 .doc F:APublic Works\ENGW EERING DIVISION PROJECTSV98106-66th Ave Ph 2 4th St to 16th St Ac nini\biddocunnentsM700 - General eneral Conditions REV 04-07-doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times , or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract . A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim .and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and CONTRACTOR concerning the Work . The Contract 1 . Addenda--Written or graphic instruments supersedes prior negotiations , representations , or issued prior to the opening of Bids which clarify, agreements , whether written or oral , correct , or change the Bidding Requirements or the Contract Documents , 12 . Contract Documents--The Contract Documents establish the rights and obligations of the 2 . Agreement--The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents ) , CONTRACTOR's CONTRACTOR covering the Work . Bid ( including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award ) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds , these CONTRACTOR during the course of the Work in General Conditions , the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents , with all Written Amendments , Change Orders , Work Change Directives , Field Orders , and ENGINEER's 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement . Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration , Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files 5 . Bid--The offer or proposal of a bidder in electronic media format of text , data , graphics , and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents , 6 . Bidding Documents--The Bidding 13 . Contract Price--The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the (including all Addenda issued prior to receipt of Bids ) . Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7 . Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work) . Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14 . Contract Times--The number of days or with any supplements . the dates stated in the Agreement to : (i ) achieve Substantial Completion ; and ( ii ) complete the Work so 8 . Bonds--Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER's written recommendation of final pay- 9 . Change Order--A document recommend- ment , ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR--The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement , revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work--See paragraph 11 . 01 .A Effective Date of the Agreement . for definition . 00700 - General Conditions REV 04-07 . doc F_Tublic Works\ENGINEERING DIVISION PROJECTSV981013-66th Ave Ph 2 4th St to 16th StAAd u�m�bid documentsV00700 - General Conditions REV 04-07. doc s 17 . Drawings--That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by ENGINEER tion of all the Work . which graphically shows the scope , extent , and character of the Work to be performed by 28 . Notice of Award--The written notice by CONTRACTOR . Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined . bidder with the conditions precedent listed therein , 18 . Effective Date of the Agreement--The OWNER will sign and deliver the Agreement , date indicated in the Agreement on which it becomes 29 .effective , but if no such date is indicated , it means the by OWNER to CONce to �rRACTOR fixing nthetice datelvon date on which the Agreement is signed and delivered which the Contract Times will commence to run and by the last of the two parties to sign and deliver. on which CONTRACTOR shall start to perform the 19 . ENGINEER--The individual or entity Work under the Contract Documents , named as such in the Agreement. 30 . OWNER--The individual , entity, public body, or authority with whom CONTRACTOR has 20 . ENGINEER 's Consultant--An individual or entered into the Agreement and for whom the Work is entity having a contract with ENGINEER to furnish to be performed , services as ENGINEER's independent professional associate or consultant with respect to the Project and 31 . Partial Utilization--Use by OWNER of a who is identified as such in the Supplementary substantially completed part of the Work for the pur- Conditions . pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work . 21 . Field Order--A written order issued by ENGINEER which requires minor changes in the 32 . PCBs--Polychlorinated biphenyls . Work but which does not involve a change in the Contract Price or the Contract Times , 33 . Petroleum--Petroleum , including crude oil or any fraction thereof which is liquid at standard 22 . General Requirements--Sections of conditions of temperature and pressure (60 degrees Division 1 of the Specifications . The General Fahrenheit and 14 . 7 pounds per square inch Requirements pertain to all sections of the Specifica- absolute) , such as oil , petroleum , fuel oil , oil sludge , oil tions . refuse , gasoline , kerosene , and oil mixed with other 23 . Hazardous Environmental Condition--The non - Hazardous Waste and crude oils , presence at the Site of Asbestos , PCBs , Petroleum , 34 , _ of which Hazardous Waste , or Radioactive Material in such the Work orobet performed Jhe totalcundter cthe Contract quantities or circumstances that may present a Documents may be the whole, or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents , thereto in connection with the Work . 35 . Project ocumentary 24 , Hazardous Waste--The term Hazardous information prepared for' bidd ngual� eand conboundst uc ng the Waste shall have the meaning provided in Section Work . A listing of the contents of the Project Manual , 1004 of the Solid Waste Disposal Act (42 USC which may be bound in one or more volumes , is Section 6903) as amended from time to time . contained in the table(s ) of contents . 25 . Laws and Regulations; Laws or Regulat- 36 , Radioactive Material--Source , special ions--Any and all applicable laws , rules , regulations , nuclear, or byproduct material as defined by the ordinances , codes , and orders of any and all govern - Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies , agencies , authorities , and courts having jurisdiction . seq . ) as amended from time to time . 26 . Liens--Charges , securityinterests , or 37 . Resident Project Representative--The authorized representative of ENGINEER who may be encumbrances upon Project funds , real property, or assigned to the Site or an personal property, g y part thereof. 38 . Samp/es--Physical examples of 27 . Milestone--A principal event specified in materials , equipment , or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 00700 - 6 00700 - General Conditions REV 04-07 . doc �- F \Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th Stt\Adm m\bid documents\00700 - General Conditions REV 04-07 .doc establish the standards by which such portion of the Work will be judged . 47 . Unit Price Work--Work to be paid for on the basis of unit prices . 39 . Shop Drawings.-All drawings , diagrams , 48 . Work--The entire completed construction illustrations , schedules , and other data or information or the various separately identifiable parts thereof re- which are specifically prepared or assembled by or for quired to be provided under the Contract Documents . CONTRACTOR and submitted by CONTRACTOR to Work includes and is the result of performing or illustrate some portion of the Work , providing all labor, services , and documentation necessary to produce such construction , and 40 . Site--Lands or areas indicated in the furnishing , installing , and incorporating all materials Contract Documents as being furnished by OWNER and equipment into such construction , all as required upon which the Work is to be performed , including by the Contract Documents , rights-of-way and easements for access thereto , and such other lands furnished by OWNER which are 49 . Work Change Directive--A written designated for the use of CONTRACTOR . statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by 41 . Specifications--That part of the Contract OWNER and recommended by ENGINEER ordering Documents consisting of written technical descriptions an addition , deletion , or revision in the Work , or of materials , equipment, systems , standards , and responding to differing or unforeseen subsurface or workmanship as applied to the Work and certain physical conditions under which the Work is to be administrative details applicable thereto . performed or to emergencies . A Work Change Directive will not change the Contract Price or the 42 . Subcontractor--An individual or entity Contract Times but is evidence that the parties expect having a direct contract with CONTRACTOR or with that the change ordered or documented by a Work any other Subcontractor for the performance of a part Change Directive will be incorporated in a subse- of the Work at the Site , quently issued Change Order following negotiations by n--The time at otr Contract Timesparties as to s effect, if any, on the Contract Price 43 . Substantial Completio which the Work (or a specified part thereof) has progressed to the point where , in the opinion of 50 . Written Amendment--A written statement ENGINEER, the Work (or a specified part thereof) is modifying the Contract Documents , signed by sufficiently complete , in accordance with the Contract OWNER and CONTRACTOR on or after the Effective Documents , so that the Work (or a specified part Date of the Agreement and normally dealing with the thereof) can be utilized for the purposes for which it is nonengineering or nontechnical rather than strictly intended . The terms "substantially complete" and construction - related aspects of the Contract Docu - "substantially completed" as applied to all or part of the ments . Work refer to Substantial Completion thereof. 44 . Supplementary Conditions--That part of 1 . 02 Terminology the Contract Documents which amends or A. Intent of Certain Terms or Adjectives supplements these General Conditions , 1 . Whenever in the Contract Documents the 45 . Supplier--A manufacturer, fabricator, terms "as allowed , " "as approved , " or terms of like supplier, distributor, materialman , or vendor having a effect or import are used , or the adjectives direct contract with CONTRACTOR or with any "reasonable , " "suitable , " "acceptable , " proper" Subcontractor to furnish materials or equipment to be "satisfacto incorporated in the Work by CONTRACTOR or an satisfactory, or adjectives action like effect in import Subcontractor . Y are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate , in 46 . Underground Facilities--All underground general , the completed Work for compliance with pipelines , conduits , ducts , cables , wires , manholes , the requirements of and information in the Contract vaults , tanks , tunnels , or other such facilities or attachments , and any encasements containingsuch Documents and conformance with the design concept of the completed Project as a functioning facilities , including those that convey electricity, gases , whole as shown or indicated in the Contract steam , liquid petroleum products , telephone or other Documents (unless there is a specific statement communications , cable television , water, wastewater, storm water, other liquids or chemicals , or traffic or indicating otherwise ) . The use of any such term or adjective shall not be effective to assign to ENGI - other control systems . NEER any duty or authority to supervise or direct the performance of the Work or any duty or 0 - 7 00700 - General Conditions REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\\ Admlm\bid documents\00700 - General Conditions REV 04-07 _doc authority to undertake responsibility contrary to the used in the Contract Documents in accordance with provisions of paragraph 9 . 10 or any other provision such recognized meaning , of the Contract Documents . B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 . The word "day' shall constitute a calendar day of 24 hours measured from 2 . 01 Delivery of Bonds midnight to the next midnight . A. When CONTRACTOR delivers the executed C . Defective Agreements to OWNER , CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR 1 . The word "defective , " when modifying may be required to furnish . the word "Work, " refers to Work that is unsatisfactory, faulty, or deficient in that it does 2 . 02 Copies of Documents not conform to the Contract Documents or does not meet the requirements of any inspection , A. OWNER shall furnish to CONTRACTOR up reference standard , test , or approval referred to to ten copies of the Contract Documents . Additional in the Contract Documents , or has been copies will be furnished upon request at the cost of damaged prior to ENGINEER's recom - reproduction , mendation of final payment ( unless responsk bility for the protection thereof has been 2 . 03 Commencement of Contract Times; Notice assumed by OWNER at Substantial to Proceed Completion in accordance with paragraph 14 . 04 or 14 . 05) . A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- D . Furnish, Install, Perform, Provide ment or, if a Notice to Proceed is given , on the day T-148indicated in the Notice to Proceed . A Notice to Pro- t Geed may be given at any time within 30 days after the Effective Date of the Agreement . In no event will the Contract Times commence to run later than the Site (OF 60FRG" OthISIF 6P6Gifi9d4oGa4GR)4 sixtieth day after the day of Bid opening or the thirtieth 6169 OF ORStal . 1-tiOR 2Rd 0A day after the Effective Date of the Agreement, whichever date is earlier. seed+#aer� 2 . 04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com - mence to run . No Work shall be done at the Site prior to the date on which the Contract Times commence to ase: run . 2 . 05 Before Starting Construction A . CONTRACTOR 's Review of Contract Docu- ments: Before undertaking each part of the Work , CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements . 4 . When "furnish , " "install ," "perform , " or CONTRACTOR shall promptly report in writing to "provide" is not used in connection with services , ENGINEER any conflict, error, ambiguity, or materials , or equipment in a context clearly discrepancy which CONTRACTOR may discover and requiring an obligation of CONTRACTOR, shall obtain a written interpretation or clarification from "provide" is implied . ENGINEER before proceeding with any Work affected E . Unless stated otherwise in the Contract Docu - thereby; however, CONTRACTOR shall not be liableto OWNER or ENGINEER for failure to report any ments , words or phrases which have a well-known conflict, error, ambiguity, or discrepancy in the technical or construction industry or trade meaning are 00700 - General Conditions REV 04-07. doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th Stt\Adm m\bid documents\00700 - General Conditions REV 04-07 .doc Iwo Contract Documents unless CONTRACTOR knew or ate will be held to review for acceptability to ENGI - reasonably should have known thereof. NEER as provided below the schedules submitted in accordance with paragraph 2 . 05 . 6 . CONTRACTOR B . Preliminary Schedules: Within ten days after shall have an additional ten days to make corrections the Effective Date of the Agreement ( unless otherwise and adjustments and to complete and resubmit the specified in the General Requirements ) , CONTRAC- schedules . No progress payment shall be made to TOR shall submit to ENGINEER for its timely review : CONTRACTOR until acceptable schedules are 1 . a preliminary progress schedule submitted to ENGINEER , indicating the times (numbers of days or dates ) 1 . The progress schedule will be for starting and completing the various stages acceptable to ENGINEER if it provides an of the Work , including any Milestones specified orderly progression of the Work to completion in the Contract Documents ; within any specified Milestones and the Contract Times . Such acceptance will not 2 , a preliminary schedule of Shop impose on ENGINEER responsibility for the Drawing and Sample submittals which will list - progress schedule , for sequencing , scheduling , each required submittal and the times for sub or progress of the Work nor interfere with or mitting , reviewing , and processing such relieve CONTRACTOR from CONTRACTOR 's submittal ; and full responsibility therefor. 3 , a preliminary schedule of values for 2 . CONTRACTOR's schedule of Shop all of the Work which includes quantities and Drawing and Sample submittals will be prices of items which when added together acceptable to ENGINEER if it provides a equal the Contract Price and subdivides the workable arrangement for reviewing and Work into component parts in sufficient detail to processing the required submittals , serve as the basis for progress payments during performance of the Work . Such prices 3 . CONTRACTOR's schedule of values will include an appropriate amount of overhead will be acceptable to ENGINEER as to form and profit applicable to each item of Work . and substance if it provides a reasonable allocation of the Contract Price to component the Site is started , CONTRACTOR and OWNE all Parts of the Work . each deliver to the other, with copi o each ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , additional insured identified in t upplementary AMENDING , REUSE Conditions , certificates of urance (and other evidence of insurance ich either of them or any additional insur may reasonably request) which 3 . 01 Intent CONTRA and OWNER respectively are o RG A. The Contract Documents are comple- mentary; what is called for by one is as binding as if 2 . 06 Preconstruction Conference called for by all . A� %NithiA 20 days after th& cantippIpt To B . It is the intent of the Contract Documents to to run , but before any Work at the Site i arted , a of) to be functionally be constructed �in accordaetencelwith the Contract conference attended by CONTRACT ENGINEER , Documents . Any labor, documentation , services , and others as appropriate wil held to establish a materials , or equipment that may reasonably be Work and to disc a schedules referred to in para,,,As as te the inferred from the Contract Documents or from p prevailing custom or trade usage as being required to graph 2 . 05 . rocedures for handling Shop Drawings produce the intended result will be provided whether and er submittals , processing Applications for or not specifically called for at no additional cost to OWNER . 2 . 07 Initial Acceptance of Schedules C . Clarifications and interpretations of the Contract Documen A. Unless otherwise provided in the Contract as provided in Article 91 hall be issued by ENGINEER Documents , at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER , and others as appropri- 0 - 9 00700 - General Conditions REV 04-07 . doc F1Public Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th) SftAdm m\bid documents\00700 - General Conditions REV 04-07 .doc Y a' 3 . 02 Reference Standards B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1 . Except as may be otherwise Regulations specifically stated in the Contract Documents , the provisions of the Contract Documents shall 1 . Reference to standards , specifics- take precedence in resolving any conflict, error, tions , manuals , or codes of any technical ambiguity, or discrepancy between the society, organization , or association , or to Laws provisions of the Contract Documents and : or Regulations , whether such reference be specific or by implication , shall mean the stan - a , the provisions of any standard , dard , specification , manual , code , or Laws or specification , manual , code , or instruction Regulations in effect at the time of opening of (whether or not specifically incorporated by Bids (or on the Effective Date of the Agreement reference in the Contract Documents ) ; or if there were no Bids ) , except as may be otherwise specifically stated in the Contract b . the provisions of any Laws or Documents . Regulations applicable to the performance of the Work ( unless such an interpretation of 2 . No provision of any such standard , the provisions of the Contract Documents specification , manual or code , or any instruction would result in violation of such Law or of a Supplier shall be effective to change the Regulation ) . duties or responsibilities of OWNER, CONTRACTOR , or ENGINEER, or any of their 3 . 04 Amending and Supplementing Contract subcontractors , consultants , agents , or employ- Documents ees from those set forth in the Contract Documents , nor shall any such provision or A. The Contract Documents may be amended to instruction be effective to assign to OWNER, provide for additions , deletions , and revisions in the ENGINEER, or any of ENGINEER's Work or to modify the terms and conditions thereof in Consultants , agents , or employees any duty or one or more of the following ways : ( i ) a Written authority to supervise or direct the performance Amendment; ( ii ) a Change Order; or ( iii ) a Work of the Work or any duty or authority to Change Directive . undertake responsibility inconsistent with the provisions of the Contract Documents , B . The requirements of the Contract Documents may be supplemented , and minor variations and 3 . 03 Reporting and Resolving Discrepancies deviations in the Work may be authorized , by one or more of the following ways : ( i ) a Field Order; ( ii ) A. Reporting Discrepancies ENGINEER's approval of a Shop Drawing or Sample ; or ( iii ) ENGINEER 9s written interpretation or clarifk 1 . If, during the performance of the cation . Work , CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con - 3 . 05 Reuse of Documents tract Documents or between the Contract Documents and any provision of any Law or A. CONTRACTOR and any Subcontractor or Regulation applicable to the performance of the Supplier or other individual or entity performing or Work or of any standard , specification , manual furnishing any of the Work under a direct or indirect or code , or of any instruction of any Supplier, contract with OWNER : ( i ) shall not have or acquire CONTRACTOR shall report it to ENGINEER in any title to or ownership rights in any of the Drawings , writing at once . CONTRACTOR shall not Specifications , or other documents (or copies of any proceed with the Work affected thereby (except thereof) prepared by or bearing the seal of in an emergency as required by paragraph ENGINEER or ENGINEER's Consultant , including 6 . 16 .A) until an amendment or supplement to electronic media editions ; and ( ii ) shall not reuse any the Contract Documents has been issued by of such Drawings , Specifications , other documents , or one of the methods indicated in paragraph copies thereof on extensions of the Project or any 3 . 04 ; provided , however, that CONTRACTOR other project without written consent of OWNER and shall not be liable to OWNER or ENGINEER for ENGINEER and specific written verification or failure to report any such conflict, error, adaption by ENGINEER . This prohibition will survive ambiguity, or discrepancy unless CON - final payment , completion , and acceptance of the TRACTOR knew or reasonably should have Work , or termination or completion of the Contract , known thereof. Nothing herein shall preclude CONTRACTOR from 00700 - General Conditions REV 04-07 .doc 00700 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\981CB-66th Ave Ph 2 4th Sl to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc retaining copies of the Contract Documents for record upon the general accuracy of the "technical data " purposes , contained in such reports and drawings , but such reports and drawings are not Contract Documents . Such "technical data" is identified in the Supplementa- ARTICLE 4 - AVAILABILITY OF LANDS ; ry Conditions . Except for such reliance on such SUBSURFACE AND PHYSICAL CONDITIONS ; "technical data , " CONTRACTOR may not rely upon or REFERENCE POINTS make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to : 4 . 01 Availability of Lands 1 . the completeness of such reports and drawings for CONTRACTOR's purposes , A. OWNER shall furnish the Site . OWNER shall including , but not limited to , any aspects of the notify CONTRACTOR of any encumbrances or means , methods , techniques , sequences , and restrictions not of general application but specifically procedures of construction to be employed by related to use of the Site with which CONTRACTOR CONTRACTOR , and safety precautions and must comply in performing the Work . OWNER will programs incident thereto ; or obtain in a timely manner and pay for easements for permanent structures or permanent changes in 2 , other data , interpretations , opinions , existing facilities . If CONTRACTOR and OWNER are and information contained in such reports or unable to agree on entitlement to or on the amount or shown or indicated in such drawings ; or extent , if any, of any adjustment in the Contract Price or Contract Times , or both , as a result of any delay in 3 . any CONTRACTOR interpretation of OWNER's furnishing the Site , CONTRACTOR may or conclusion drawn from any "technical data make a Claim therefor as provided in paragraph or any such other data , interpretations , 10 . 05 , opinions , or information . B . Upon reasonable written request, OWNER R 4 . shall furnish CONTRACTOR with a current statement 03 Differing Subsurface or Physical Conditions of record legal title and legal description of the lands A . Notice: If CONTRACTOR believes that any upon which the Work is to be performed and subsurface or physical condition at or contiguous to OWNER's interest therein as necessary for giving the Site that is uncovered or revealed either: notice of or filing a mechanic's or construction lien against such lands in accordance with applicable 1 . is of such a nature as to establish Laws and Regulations . that any "technical data" on which CONTRAC- C . CONTRACTOR shall provide for all additional TOR is entitled to rely as provided in paragraph p 4 . 02 is materially inaccurate ; or lands and access thereto that may be required for temporary construction facilities or storage of 2 , is of such a nature as to require a materials and equipment . change in the Contract Documents ; or 4 . 02 Subsurface and Physical Conditions 3 , differs materially from that shown or A. Reports and Drawings: The Supplementary indicated in the Contract Documents ; or Conditions identify: 4 . is of an unusual nature , and differs materially from conditions ordinarily 1 , those reports of explorations and encountered and generally recognized as inher- tests of subsurface conditions at or contiguous ent in work of the character provided for in the to the Site that ENGINEER has used in Contract Documents ; preparing the Contract Documents ; and then CONTRACTOR shall , promptly after becoming 2 , those drawings of physical aware thereof and before further disturbing the conditions in or relating to existing surface or subsurface or physical conditions or performing any subsurface structures at or contiguous to the Work in connection therewith (except in an emergency Site (except Underground Facilities ) that ENGI - as required by paragraph 6 . 16 . A) , notify OWNER and NEER has used in preparing the Contract ENGINEER in writing about such condition . Documents . CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith B . Limited Reliance by CONTRACTOR on (except as aforesaid ) until receipt of written order to do Technical Data Authorized: CONTRACTOR may rely so . 00700 - General Conditions REV 0407 doc 00700 - 1 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc paragraph 10 . 05 . However, OWNER, B . ENGINEER 's Review: After receipt of written ENGINEER, and ENGINEER 's Consultants notice as required by paragraph 4 . 03 . A, ENGINEER shall not be liable to CONTRACTOR for any will promptly review the pertinent condition , determine claims , costs , losses , or damages ( including the necessity of OWNER's obtaining additional but not limited to all fees and charges of exploration or tests with respect thereto , and advise engineers , architects , attorneys , and other OWNER in writing (with a copy to CONTRACTOR) of professionals and all court or arbitration or other ENGINEER's findings and conclusions . dispute resolution costs ) sustained by CONTRACTOR on or in connection with any C . Possible Price and Times Adjustments other project or anticipated project . 1 . The Contract Price or the Contract 4 . 04 Underground Facilities Times , or both , will be equitably adjusted to the extent that the existence of such differing A. Shown or Indicated: The information and data subsurface or physical condition causes an in - shown or indicated in the Contract Documents with crease or decrease in CONTRACTOR's cost respect to existing Underground Facilities at or of, or time required for, performance of the contiguous to the Site is based on information and Work ; subject, however, to the following : data furnished to OWNER or ENGINEER by the owners of such Underground Facilities , including a . such condition must meet any one or OWNER , or by others . Unless it is otherwise more of the categories described in para- expressly provided in the Supplementary Conditions : graph 4 . 03 . A; and 1 . OWNER and ENGINEER shall not b . with respect to Work that is paid for be responsible for the accuracy or l on a Unit Price Basis , any adjustment in pleteness of any such information or data ; and Contract Price will be subject to the provisions of paragraphs 9 . 08 and 11 . 03 . 2 , the cost of all of the following will be included in the Contract Price , and CONTRAC . 2 . CONTRACTOR shall not be entitled TOR shall have full responsibility for: to any adjustment in the Contract Price or Contract Times if: a , reviewing and checking all such information and data , a . CONTRACTOR knew of the existence of such conditions at the time b , locating all Underground Facilities CONTRACTOR made a final commitment shown or indicated in the Contract to OWNER in respect of Contract Price and Documents , Contract Times by the submission of a Bid or becoming bound under a negotiated c . coordination of the Work with the contract ; or owners of such Underground Facilities , including OWNER, during construction , and b . the existence of such condition could reasonably have been discovered or d . the safety and protection of all such revealed as a result of any examination , Underground Facilities and repairing any investigation , exploration , test, or study of damage thereto resulting from the Work . the Site and contiguous areas required by the Bidding Requirements or Contract B . Not Shown or Indicated Documents to be conducted by or for COW TRACTOR prior to CONTRACTOR's 1 . If an Underground Facility is making such final commitment ; or uncovered or revealed at or contiguous to the Site which was not shown or indicated , or not c . CONTRACTOR failed to give the shown or indicated with reasonable accuracy in written notice within the time and as re- the Contract Documents , CONTRACTOR shall , quired by paragraph 4 . 03 .Al promptly after becoming aware thereof and before further disturbing conditions affected 3 . If OWNER and CONTRACTOR are thereby or performing any Work in connection unable to agree on entitlement to or on the therewith (except in an emergency as required amount or extent, if any, of any adjustment in by paragraph 6 . 16 .A) , identify the owner of the Contract Price or Contract Times , or both , a such Underground Facility and give written Claim may be made therefor as provided in notice to that owner and to OWNER and ENGI . 00700 - General Conditions REV 04-07 .doc 00700 - l2 F :\Public Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc WNW NEER . ENGINEER will promptly review the B . Limited Reliance by CONTRACTOR on Underground Facility and determine the extent , Technical Data Authorized: CONTRACTOR may rely if any, to which a change is required in the upon the general accuracy of the "technical data" Contract Documents to reflect and document contained in such reports and drawings , but such the consequences of the existence or location reports and drawings are not Contract Documents . of the Underground Facility. During such time , Such "technical data" is identified in the CONTRACTOR shall be responsible for the Supplementary Conditions . Except for such reliance safety and protection of such Underground on such "technical data , " CONTRACTOR may not rely Facility, upon or make any Claim against OWNER , ENGINEER or any of ENGINEER's Consultants with 2 . If ENGINEER concludes that a respect to : change in the Contract Documents is required , a Work Change Directive or a Change Order 1 , the completeness of such reports will be issued to reflect and document such and drawings for CONTRACTOR's purposes , consequences . An equitable adjustment shall including , but not limited to , any aspects of the be made in the Contract Price or Contract means , methods , techniques , sequences and Times , or both , to the extent that they are procedures of construction to be employed by attributable to the existence or location of any CONTRACTOR and safety precautions and Underground Facility that was not shown or programs incident thereto ; or indicated or not shown or indicated with reasonable accuracy in the Contract 2b other data , interpretations , opinions Documents and that CONTRACTOR did not and information contained in such reports or know of and could not reasonably have been shown or indicated in such drawings ; or expected to be aware of or to have anticipated . If OWNER and CONTRACTOR are unable to 3 . any CONTRACTOR interpretation of agree on entitlement to or on the amount or or conclusion drawn from any "technical data" extent , if any, of any such adjustment in or any such other data , interpretations , opinions Contract Price or Contract Times , OWNER or or information . CONTRACTOR may make a Claim therefor as provided in paragraph 10 . 05 . C . CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or 4 . 05 Reference Points omts revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the A. OWNER shall provide engineering surveys to Contract Documents to be within the scope of the establish reference points for construction which in Work . CONTRACTOR shall be responsible for a ENGINEER's judgment are necessary to enable Hazardous Environmental Condition created with any CONTRACTOR to proceed with the Work . CON . materials brought to the Site by CONTRACTOR , TRACTOR shall be responsible for laying out the Subcontractors , Suppliers , or anyone else for whom Work , shall protect and preserve the established CONTRACTOR is responsible , reference points and property monuments , and shall make no changes or relocations without the prior D . If CONTRACTOR encounters a Hazardous written approval of OWNER. CONTRACTOR shall Environmental Condition or if CONTRACTOR or report to ENGINEER whenever any reference point or anyone for whom CONTRACTOR is responsible property monument is lost or destroyed or requires creates a Hazardous Environmental Condition , relocation because of necessary changes in grades or CONTRACTOR shall immediately: ( i ) secure or locations , and shall be responsible for the accurate otherwise isolate such condition ; ( ii ) stop all Work in replacement or relocation of such reference points or connection with such condition and in any area property monuments by professionally qualified affected thereby (except in an emergency as required personnel , by paragraph 6 . 16 ) ; and ( iii ) notify OWNER and ENGk NEER (and promptly thereafter confirm such notice in 4 . 06 Hazardous Environmental Condition at Site writing ) . OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to A. Reports and Drawings: Reference is made to retain a qualified expert to evaluate such condition or the Supplementary Conditions for the identification of take corrective action , if any, those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any, E . CONTRACTOR shall not be required to that have been utilized by the ENGINEER in the resume Work in connection with such condition or in preparation of the Contract Documents . any affected area until after OWNER has obtained any required permits related thereto and delivered to 00700 - General Conditions REV 04-07 . doc 00700 - 13 F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admin bid documents\00700 - General Conditions REV 04-07 .doc 41 14 CONTRACTOR written notice : ( i ) specifying that such engineers , architects , attorneys , and other condition and any affected area is or has been professionals and all court or arbitration or other rendered safe for the resumption of Work ; or ( ii ) dispute resolution costs ) arising out of or relating to a specifying any special conditions under which such Hazardous Environmental Condition created by Work may be resumed safely. If OWNER and CONTRACTOR or by anyone for whom CONTRACTOR cannot agree as to entitlement to or CONTRACTOR is responsible . Nothing in this on the amount or extent , if any, of any adjustment in paragraph 4 . 06 . E shall obligate CONTRACTOR to Contract Price or Contract Times , or both , as a result indemnify any individual or entity from and against the of such Work stoppage or such special conditions consequences of that individual 's or entity's own neglk under which Work is agreed to be resumed by gence . CONTRACTOR , either party may make a Claim therefor as provided in paragraph 10 . 05 . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and 4 . 04 are not intended to apply to a Hazardous F . If after receipt of such written notice Environmental Condition uncovered or revealed at the CONTRACTOR does not agree to resume such Work Site . based on a reasonable belief it is unsafe , or does not agree to resume such Work under such special condi- tions , then OWNER may order the portion of the Work ARTICLE 5 - BONDS AND INSURANCE that is in the area affected by such condition to be deleted from the Work . If OWNER and CON - TRACTOR cannot agree as to entitlement to or on the 5 . 01 Performance, Payment, and Other Bonds amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work , then either party may make a and payment Bonds , each in an amount at le equal Claim therefor as provided in paragraph 10 . 05 . OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in obligatilGIRS 6IRdep the Ge accordance with Article 7 , G . To the fullest extent permitted by Laws and , ,d nthizimvise by Laws- ()F RegulateRs Regulations , OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors , ENGI - NEER, ENGINEER's Consultants and the officers , directors , partners , employees , agents , other consultants , and subcontractors of each and any of B . All Bonds shall be in the form prescribed by them from and against all claims , costs , losses , and the Contract Documents except as provided otherwise damages ( including but not limited to all fees and by Laws or Regulations , and shall be executed by charges of engineers , architects , attorneys , and other such sureties as are named in the current list of "Com - professionals and all court or arbitration or other panies Holding Certificates of Authority as Acceptable dispute resolution costs ) arising out of or relating to a Sureties on Federal Bonds and as Acceptable Hazardous Environmental Condition , provided that Reinsuring Companies" as published in Circular 570 such Hazardous Environmental Condition : ( i ) was not (amended ) by the Financial Management Service , shown or indicated in the Drawings or Specifications Surety Bond Branch , U . S . Department of the or identified in the Contract Documents to be included Treasury. All Bonds signed by an agent must be within the scope of the Work , and ( ii) was not created accompanied by a certified copy of such agent's by CONTRACTOR or by anyone for whom authority to act. CONTRACTOR is responsible . Nothing in this para- graph 4 . 06 . E shall obligate OWNER to indemnify any C . If the surety on any Bond furnished by CON - individual or entity from and against the consequences TRACTOR is declared bankrupt or becomes insolvent of that individual 's or entity's own negligence , or its right to do business is terminated in any state where any part of the Project is located or it ceases to H . To the fullest extent permitted by Laws and meet the requirements of paragraph 5 . 01 . 137 Regulations , CONTRACTOR shall indemnify and hold CONTRACTOR shall within 20 days thereafter harmless OWNER, ENGINEER , ENGINEER's substitute another Bond and surety, both of which Consultants , and the officers , directors , partners , shall comply with the requirements of paragraphs employees , agents , other consultants , and 5 . 01 . 13 and 5 . 02 , subcontractors of each and any of them from and against all claims , costs , losses , and damages 5 . 02 Licensed Sureties and Insurers ( including but not limited to all fees and charges of 00700 - General Conditions REV 04-07 .doc 00700 - 14 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th Sl to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 doc A. All Bonds and insurance required by the CONTRACTOR , or ( ii ) by any other person for Contract Documents to be purchased and maintained any other reason ; by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 5 , claims for damages , other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located to issue Bonds or insurance policies for the of tangible property wherever located , including limits and coverages so required . Such surety and loss of use resulting therefrom ; and insurance companies shall also meet such additional requirements and qualifications as may be provided in 6 , claims for damages because of the Supplementary Conditions , bodily injury or death of any person or property damage arising out of the ownership , mainte- 5 . 03 Certificates of Insurance nance or use of any motor vehicle . A. CONTRACTOR shall deliver to OWNER , with B . The policies of insurance so required by this copies to each additional insured identified in the paragraph 5 . 04 to be purchased and maintained shall : Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWN - 1 . with respect to insurance required by ER or any other additional insured ) which CON . paragraphs 5 . 04 . A. 3 through 5 . 04 .A. 6 inclusive , TRACTOR is required to purchase and maintain , include as additional insureds (subject to any OWNER F; h ;; " deliver to GGINIT-RACT-OR, With G customary exclusion in respect of professional liability) OWNER , ENGINEER , ENGINEER's Consultants , and any other individuals or entities identified in the Supplementary Conclk tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , 5 . 04 CONTRACTOR 's Liability Insurance agents , and other consultants and subcontractors of each and any of all such A. CONTRACTOR shall purchase and maintain additional insureds , and the insurance afforded such liability and other insurance as is appropriate for to these additional insureds shall provide the Work being performed and as will provide primary coverage for all claims covered protection from claims set forth below which may arise thereby; out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations 2 , include at least the specific under the Contract Documents , whether it is to be per- coverages and be written for not less than the formed by CONTRACTOR, any Subcontractor or limits of liability provided in the Supplementary Supplier, or by anyone directly or indirectly employed Conditions or required by Laws or Regulations , by any of them to perform any of the Work , or by whichever is greater; anyone for whose acts any of them may be liable : 3 , include completed operations 1 . claims under workers ' compensation , insurance ; disability benefits , and other similar employee benefit acts ; 4 , include contractual liability insurance covering CONTRACTOR's indemnity 20 claims for damages because of obligations under paragraphs 6 . 07 , 6 . 11 , and bodily injury, occupational sickness or disease , 6 . 20 ; or death of CONTRACTOR's employees ; 5 , contain a provision or endorsement 3 , claims for damages because of that the coverage afforded will not be canceled , bodily injury, sickness or disease , or death of materially changed or renewal refused until at any person other than CONTRACTOR's least thirty days prior written notice has been employees ; given to OWNER and CONTRACTOR and to ' each other additional insured identified in the 4 , claims for damages insured by Supplementary Conditions to whom a certificate reasonably available personal injury liability of insurance has been issued (and the coverage which are sustained : ( i ) by any person certificates of insurance furnished by the CON . as a result of an offense directly or indirectly TRACTOR pursuant to paragraph 5 . 03 will so related to the employment of such person by provide ) ; 00700 - General Conditions REV 04-07 .doc 00700 - 15 F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th Sl to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc • • . • - • . • - • . Aw • - • • • • �: Or • � • • • • - • • • • MR • - • . MOM OR Is • • 10 • IL MRwill ISM Ah • . • • • • � • . IN Ir ow all�,MLM TAT . , . - - - - - L - kill • as Ws IN tales Jim - _ � � • � . 0I .W - a a - - Ife- • . . • . • 1 • • • • • so vw 1 � � � � IF okw Irdeem Ed Ed Ed Z;mm&7"mTmm1mTa1ww",%.o • • • • . a - - - ON . Ma • - . . VIA AM Tom mr WINE - - - - - - _ IF IF a OR . � . 1 • IF - IF a • • • - _ � ' • ' � ' - - 0 - - - - w w w IF OF IFIF IF _ . • . _ a as Ab . . . � . � . . . Im LWAWAW - - - - - _ - - wawIEM W, In IF up am IN . . fiL . . IF . . � - 1 : • • � • • • • Or wals • _ _ _ • . - IF E �wom - IF . . IF IF awaims - - ' - IF mI Or IF IF IF IF Or qw IF IF Me a a led raia�T IrLayivrm�lmlm_ a" - - - _ ME _ IF IF K�lara IF _ nowIrman MIJbIlIKINFAbles IF AwmwlAmAwxw IF IF IF w IF AAWBAMwr IF SITAWAN IIrm . , - - " IF A. CONTRACTOR shall supervise , inspect , and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and Of wr*tm 11 wwwwo , expertise as may be necessary to perform the Work in accordance with the Contract Documents . CON - TRACTOR shall be solely responsible for the means , methods , techniques , sequences , and procedures of construction , but CONTRACTOR shall not be 5 . 09 Acceptance of Bonds and Insurance; Option responsible for the negligence of OWNER or to Replace ENGINEER in the design or specification of a specific means , method , technique , sequence , or procedure of If A. *thA. ,r CANNER AX GGINITRACTOR has @R construction which is shown or indicated in and expressly required by the Contract Documents . CON - TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents . B . At all times during the progress of the Work , CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances . The superintendent will be CONTRACTOR's pFev representative at the Site and shall have authority to act on behalf of CONTRACTOR . All communications given to or received from the superintendent shall be binding on CONTRACTOR . 6 . 02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- ments . CONTRACTOR shall at all times maintain good discipline and order at the Site . 5 . 10 Partial Utilization, Acknowledgment of B . Except as otherwise required for the safety or Property Insurer protection of persons or the Work or property at the Site or adjacent thereto , and except as otherwise A. If OWNER finds it necessary to occupy or use stated in the Contract Documents , all Work at the Site a portion or portions of the Work prior to Substantial shall be performed during regular working hours , and Completion of all the Work as provided in paragraph CONTRACTOR will not permit overtime work or the 14 . 05 , no such use or occupancy shall commence performance of Work on Saturday, Sunday, or any before the insurers providing the property insurance legal holiday without OWNER's written consent (which pursuant to paragraph 5 . 06 have acknowledged notice will not be unreasonably withheld ) given after prior thereof and in writing effected any changes in cover- written notice to ENGINEER . age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies , but the property insurance shall 6 . 03 Services, Materials, and Equipment not be canceled or permitted to lapse on account of any such partial use or occupancy. A. Unless otherwise specified in the General Re- quirements , CONTRACTOR shall provide and assume full responsibility for all services , materials , ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES equipment, labor, transportation , construction equipment and machinery, tools , appliances , fuel , power, light , heat , telephone , water, sanitary facilities , 6 . 01 Supervision and Superintendence temporary facilities , and all other facilities and incidentals necessary for the performance , testing , start-up , and completion of the Work . 00700 - General Conditions REV 04-07 . doc 00700 - 18 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc proposed by CONTRACTOR is functionally B . All materials and equipment incorporated into equal to that named and sufficiently similar so the Work shall be as specified or, if not specified , shall that no change in related Work will be required , be of good quality and new, except as otherwise it may be considered by ENGINEER as an provided in the Contract Documents . All warranties "or-equal " item , in which case review and and guarantees specifically called for by the Specifica- approval of the proposed item may, in tions shall expressly run to the benefit of OWNER . If ENGINEER's sole discretion , be accomplished required by ENGINEER , CONTRACTOR shall furnish without compliance with some or all of the satisfactory evidence ( including reports of required requirements for approval of proposed substi- tests ) as to the source , kind , and quality of materials tute items . For the purposes of this paragraph and equipment. All materials and equipment shall be 6 . 05 .A. 1 , a proposed item of material or stored , applied , installed , connected , erected , equipment will be considered functionally equal protected , used , cleaned , and conditioned in to an item so named if: accordance with instructions of the applicable Supplier, except as otherwise may be provided in the a . in the exercise of reasonable Contract Documents . judgment ENGINEER determines that : i it is at least equal in quality, durability, 6 . 04 Progress Schedule appearance , strength , and design characteristics ; ( ii ) it will reliably perform at A. CONTRACTOR shall adhere to the progress least equally well the function imposed by schedule established in accordance with paragraph the design concept of the completed Project 2 . 07 as it may be adjusted from time to time as as a functioning whole , and ; provided below. b . CONTRACTOR certifies that : ( i ) 1 . CONTRACTOR shall submit to there is no increase in cost to the OWNER; ENGINEER for acceptance (to the extent in & and ( ii ) it will conform substantially, even cated in paragraph 2 . 07 ) proposed adjustments with deviations , to the detailed requirements in the progress schedule that will not result in of the item named in the Contract changing the Contract Times (or Milestones ) . Documents . Such adjustments will conform generally to the progress schedule then in effect and additional - 2 . Substitute Items ly will comply with any provisions of the General Requirements applicable thereto . a . If in ENGINEER's sole discretion an item of material or equipment proposed by 2 . Proposed adjustments in the CONTRACTOR does not qualify as an progress schedule that will change the Contract "or-equal" item under paragraph 6 . 05 .A. 11 it Times (or Milestones ) shall be submitted in will be considered a proposed substitute accordance with the requirements of Article 12 . item . Such adjustments may only be made by a Change Order or Written Amendment in accor- b . CONTRACTOR shall submit suffi- dance with Article 12 , cient information as provided below to allow ENGINEER to determine that the item of 6 . 05 Substitutes and "Or-Equals " material or equipment proposed is essentially equivalent to that named and an A . Whenever an item of material or equipment is acceptable substitute therefor. Requests for specified or described in the Contract Documents by review of proposed substitute items of using the name of a proprietary item or the name of a material or equipment will not be accepted particular Supplier, the specification or description is by ENGINEER from anyone other than intended to establish the type , function , appearance , CONTRACTOR , and quality required . Unless the specification or description contains or is followed by words reading c . The procedure for review by ENGI - that no like , equivalent , or "or-equal" item or no NEER will be as set forth in paragraph substitution is permitted , other items of material or 6 . 05 .A . 2 . d , as supplemented in the General equipment or material or equipment of other Suppliers Requirements and as ENGINEER may may be submitted to ENGINEER for review under the decide is appropriate under the circumstances described below . circumstances . 1 . "Or-Equal" Items: If in ENGINEER 's d . CONTRACTOR shall first make sole discretion an item of material or equipment written application to ENGINEER for review 00700 - General Conditions REV 04-07 .doc 00700 - 19 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th Sl to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 .doc of a proposed substitute item of material or Change Order for a substitute or an approved Shop equipment that CONTRACTOR seeks to Drawing for an or equal . " ENGINEER will advise furnish or use . The application shall certify CONTRACTOR in writing of any negative that the proposed substitute item will determination , perform adequately the functions and achieve the results called for by the general D . Special Guarantee: OWNER may require design , be similar in substance to that CONTRACTOR to furnish at CONTRACTOR's ex- specified , and be suited to the same use as pense a special performance guarantee or other that specified . The application will state the surety with respect to any substitute , extent , if any, to which the use of the pro- posed substitute item will prejudice E . ENGINEER 's Cost Reimbursement: CONTRACTOR's achievement of Substan - ENGINEER will record time required by ENGINEER tial Completion on time , whether or not use and ENGINEER's Consultants in evaluating substitute of the proposed substitute item in the Work proposed or submitted by CONTRACTOR pursuant to will require a change in any of the Contract paragraphs 6 . 05 .A. 2 and 6 . 05 . 13 and in making Documents (or in the provisions of any other changes in the Contract Documents (or in the direct contract with OWNER for work on the provisions of any other direct contract with OWNER Project) to adapt the design to the proposed for work on the Project) occasioned thereby. Whether substitute item and whether or not or not ENGINEER approves a substitute item so pro- incorporation or use of the proposed substk posed or submitted by CONTRACTOR , COW tute item in connection with the Work is sub- TRACTOR shall reimburse OWNER for the charges ject to payment of any license fee or royalty. of ENGINEER and ENGINEER's Consultants for All variations of the proposed substitute evaluating each such proposed substitute , item from that specified will be identified in the application , and available engineering , F . CONTRACTOR 's Expense: CONTRACTOR sales , maintenance , repair, and shall provide all data in support of any proposed replacement services will be indicated . The substitute or "or-equal" at CONTRACTOR's expense . application will also contain an itemized esti- mate of all costs or credits that will result 6 . 06 Concerning Subcontractors, Suppliers, directly or indirectly from use of such and Others substitute item , including costs of redesign and claims of other contractors affected by A. CONTRACTOR shall not employ any an resulting h y g c ange , all of which will be Subcontractor, Supplier, or other individual or entity considered by ENGINEER ER in evaluating the ( including those acceptable to OWNER as indicated in proposed substitute item . ENGINEER may paragraph 6 . 06 . 13 ) , whether initially or as a require CONTRACTOR to furnish additional replacement, against whom OWNER may have data about the proposed substitute item , reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or B . Substitute Construction Methods or Proce- other individual or entity to furnish or perform any of duress If a specific means , method , technique , se- the Work against whom CONTRACTOR has reason - quence , or procedure of construction is shown or able objection , indicated in and expressly required by the Contract Documents , CONTRACTOR may furnish or utilize a B . If the Supplementary Conditions requireuire the substitute means method technique sequence , or identity of certain Subcontractors , Suppliers , or other procedure of construction approved by ENGINEER , individuals or entities to be submitted to OWNER in { CONTRACTOR shall submit sufficient information to advance for acceptance by OWNER by a specified allow ENGINEER , in ENGINEER's sole discretion , to date prior to the Effective Date of the Agreement, and determine that the substitute proposed is equivalent to if CONTRACTOR has submitted a list thereof in that expressly called for by the Contract Documents . accordance with the Supplementary Conditions , The procedure for review by ENGINEER will be similar OWNER's acceptance (either in writing or by failing to to that provided in subparagraph 6 . 05 .A. 2 , make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents C . Engineer's Evaluation: ENGINEER will be or the Contract Documents ) of any such Subcon- allowed a reasonable time within which to evaluate tractor, Supplier, or other individual or entity so each proposal or submittal made pursuant to para- identified may be revoked on the basis of reasonable graphs 6 . 05 . A and 6 . 05 . B . ENGINEER will be the objection after due investigation . CONTRACTOR sole judge of acceptability. No "or-equal " or substitute shall submit an acceptable replacement for the will be ordered , installed or utilized until ENGINEER's rejected Subcontractor , Supplier, or other individual or review is complete , which will be evidenced by either a entity, and the Contract Price will be adjusted by the 00700 - General Conditions REV 04-07 .doc 00700 - 20 F\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th SlWdmim\bid documents\00700 - General Conditions REV 04-07 .doc difference in the cost occasioned by such directors , partners , employees , agents , and other replacement , and an appropriate Change Order will be consultants and subcontractors of each and any of issued or Written Amendment signed . No acceptance them ) for all losses and damages caused by, arising by OWNER of any such Subcontractor, Supplier, or out of, relating to , or resulting from any of the perils or other individual or entity, whether initially or as a causes of loss covered by such policies and any other replacement, shall constitute a waiver of any right of property insurance applicable to the Work . If the OWNER or ENGINEER to reject defective Work , insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier , C . CONTRACTOR shall be fully responsible to CONTRACTOR will obtain the same . OWNER and ENGINEER for all acts and omissions of the Subcontractors , Suppliers , and other individuals or 6 . 07 Patent Fees and Royalties entities performing or furnishing any of the Work just as CONTRACTOR is responsible for A. CONTRACTOR shall pay all license fees and CONTRACTOR's own acts and omissions . Nothing in royalties and assume all costs incident to the use in the Contract Documents shall create for the benefit of the performance of the Work or the incorporation in any such Subcontractor, Supplier, or other individual the Work of any invention , design , process , product , or entity any contractual relationship between OWNER or device which is the subject of patent rights or or ENGINEER and any such Subcontractor, Supplier copyrights held by others . If a particular invention , or other individual or entity, nor shall it create any design , process , product, or device is specified in the obligation on the part of OWNER or ENGINEER to Contract Documents for use in the performance of the pay or to see to the payment of any moneys due any Work and if to the actual knowledge of OWNER or such Subcontractor, Supplier, or other individual or ENGINEER its use is subject to patent rights or entity except as may otherwise be required by Laws copyrights calling for the payment of any license fee or and Regulations , royalty to others , the existence of such rights shall be disclosed by OWNER in the Contract Documents , To D . CONTRACTOR shall be solely responsible the fullest extent permitted by Laws and Regulations , for scheduling and coordinating the Work of Subcon - CONTRACTOR shall indemnify and hold harmless tractors , Suppliers , and other individuals or entities OWNER, ENGINEER, ENGINEER's Consultants , and performing or furnishing any of the Work under a the officers , directors , partners , employees or agents , direct or indirect contract with CONTRACTOR . and other consultants of each and any of them from and against all claims , costs , losses , and damages E . CONTRACTOR shall require all Subcontrac- ( including but not limited to all fees and charges of tors , Suppliers , and such other individuals or entities engineers , architects , attorneys , and other performing orfurnishing _ p gan of the Work to coin Y mu professionals and all court or arbitration or other nicate with ENGINEER through CONTRACTOR . dispute resolution costs ) arising out of or relating to any infringement of patent rights or copyrights incident F . The divisions and sections of the Specifica- to the use in the performance of the Work or resulting tions and the identifications of any Drawings shall not from the incorporation in the Work of any invention , control CONTRACTOR in dividing the Work among design , process , product, or device not specified in the Subcontractors or Suppliers or delineating the Work to Contract Documents , be performed by any specific trade . G . All Work performed for CONTRACTOR by a 6 . 08 Permits Subcontractor or Supplier will be pursuant to an A. Unless otherwise provided in the Supple- appropriate agreement between CONTRACTOR and mentary Conditions , CONTRACTOR shall obtain and the Subcontractor or Supplier which specifically binds pay for all construction permits and licenses . OWNER the Subcontractor or Supplier to the applicable terms shall assist CONTRACTOR, when necessary, in and conditions of the Contract Documents for the obtaining such permits and licenses . CONTRACTOR benefit of OWNER and ENGINEER . Whenever any shall pay all governmental charges and inspection such agreement is with a Subcontractor or Supplier fees necessary for the prosecution of the Work which who is listed as an additional insured on the property are applicable at the time of opening of Bids , or, if insurance provided in paragraph 5 . 06 , the agreement there are no Bids , on the Effective Date of the between the CONTRACTOR and the Subcontractor Agreement . CONTRACTOR shall pay all charges of or Supplier will contain provisions whereby the utility owners for connections to the Work , and Subcontractor or Supplier waives all rights against OWNER shall pay all charges of such utility owners OWNER, CONTRACTOR, ENGINEER , ENGINEER's for capital costs related thereto , such as plant Consultants , and all other individuals or entities investment fees , identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers , 00700 - 21 00700 - General Conditions REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 .doc 6 . 09 Laws and Regulations materials or equipment . CONTRACTOR shall assume full responsibility for any damage to A. CONTRACTOR shall give all notices and any such land or area , or to the owner or comply with all Laws and Regulations applicable to the occupant thereof, or of any adjacent land or performance of the Work . Except where otherwise areas resulting from the performance of the expressly required by applicable Laws and Work . Regulations , neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli - 2 . Should any claim be made by any ance with any Laws or Regulations . such owner or occupant because of the performance of the Work , CONTRACTOR shall B . If CONTRACTOR performs any Work know- promptly settle with such other party by ing or having reason to know that it is contrary to Laws negotiation or otherwise resolve the claim by or Regulations , CONTRACTOR shall bear all claims , arbitration or other dispute resolution costs , losses , and damages ( including but not limited proceeding or at law. to all fees and charges of engineers , architects , attorneys , and other professionals and all court or 3 . To the fullest extent permitted by arbitration or other dispute resolution costs ) arising out Laws and Regulations , CONTRACTOR shall of or relating to such Work ; however, it shall not be indemnify and hold harmless OWNER, CONTRACTOR's primary responsibility to make ENGINEER , ENGINEER's Consultant, and the certain that the Specifications and Drawings are in officers , directors , partners , employees , agents , accordance with Laws and Regulations , but this shall and other consultants of each and any of them not relieve CONTRACTOR of CONTRACTOR's from and against all claims , costs , losses , and obligations under paragraph 3 . 03 . damages ( including but not limited to all fees and charges of engineers , architects , attorneys , C . Changes in Laws or Regulations not known at and other professionals and all court or the time of opening of Bids (or, on the Effective Date arbitration or other dispute resolution costs ) of the Agreement if there were no Bids ) having an arising out of or relating to any claim or action , effect on the cost or time of performance of the Work legal or equitable , brought by any such owner may be the subject of an adjustment in Contract Price or occupant against OWNER , ENGINEER , or or Contract Times , If OWNER and CONTRACTOR any other parry indemnified hereunder to the are unable to agree on entitlement to or on the extent caused by or based upon amount or extent, if any, of any such adjustment, a CONTRACTOR's performance of the Work . Claim may be made therefor as provided in paragraph 10 . 05 . B . Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- 6 . 10 Taxes TOR shall keep the Site and other areas free from accumulations of waste materials , rubbish , and other A. CONTRACTOR shall pay all sales , consum - debris . Removal and disposal of such waste materi - er, use , and other similar taxes required to be als , rubbish , and other debris shall conform to applica- paid by CONTRACTOR in accordance with ble Laws and Regulations . the Laws and Regulations of the place of the Project which are applicable during the C . Cleaning: Prior to Substantial Completion of performance of the Work . the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER . At the com - B . OWNER qualifies for state and local sales tax pletion of the Work CONTRACTOR shall remove from exemption in the purchase of all material and the Site all tools , appliances , construction equipment equipment , and machinery, and surplus materials and shall restore to original condition all property not designated 6 . 11 Use of Site and Other Areas for alteration by the Contract Documents . A. Limitation on Use of Site and Other Areas D . Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded 1 . CONTRACTOR shall confine in any manner that will endanger the structure , nor construction equipment , the storage of shall CONTRACTOR subject any part of the Work or materials and equipment , and the operations of adjacent property to stresses or pressures that will workers to the Site and other areas permitted endanger it . by Laws and Regulations , and shall not unreasonably encumber the Site and other areas with construction equipment or other 00700 - 22 00700 - General Conditions REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th Sl to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 6 . 12 Record Documents or ENGINEER's Consultant , or anyone employed by any of them , or anyone for whose acts any of them A . CONTRACTOR shall maintain in a safe place may be liable , and not attributable , directly or at the Site one record copy of all Drawings , Specifica- indirectly, in whole or in part , to the fault or negligence tions , Addenda , Written Amendments , Change of CONTRACTOR or any Subcontractor, Supplier, or Orders , Work Change Directives , Field Orders , and other individual or entity directly or indirectly employed written interpretations and clarifications in good order by any of them ) . CONTRACTOR's duties and and annotated to show changes made during responsibilities for safety and for protection of the construction . These record documents together with Work shall continue until such time as all the Work is all approved Samples and a counterpart of all completed and ENGINEER has issued a notice to approved Shop Drawings will be available to ENGk OWNER and CONTRACTOR in accordance with NEER for reference . Upon completion of the Work , paragraph 14 . 07 . 13 that the Work is acceptable these record documents , Samples , and Shop (except as otherwise expressly provided in connection Drawings will be delivered to ENGINEER for OWNER . with Substantial Completion ) , 6 . 13 Safety and Protection 6 . 14 Safety Representative A. CONTRACTOR shall be solely responsible A . CONTRACTOR shall designate a II for initiating , maintaining and supervising all safety and experienced safety representative at he Site precautions and programs in connection with the whose duties and responsibilities shall be the Work . CONTRACTOR shall take all necessary prevention of accidents and the maintaining and precautions for the safety of, and shall provide the supervising of safety precautions and programs , necessary protection to prevent damage , injury or loss to : 6 . 15 Hazard Communication Programs 1 . all persons on the Site or who may A . CONTRACTOR shall be responsible for be affected by the Work ; coordinating any exchange of material safety data sheets or other hazard communication information 2 , all the Work and materials and equip- required to be made available to or exchanged be- ment to be incorporated therein , whether in tween or among employers at the Site in accordance storage on or off the Site ; and with Laws or Regulations . 3 , other property at the Site or adjacent 6 . 16 Emergencies thereto , including trees , shrubs , lawns , walks , pavements , roadways , structures , utilities , and A. In emergencies affecting the safety or protec- Underground Facilities not designated for tion of persons or the Work or property at the Site or removal , relocation , or replacement in the adjacent thereto , CONTRACTOR is obligated to act to course of construction . prevent threatened damage , injury, or loss . CONTRACTOR shall give ENGINEER prompt written B . CONTRACTOR shall comply with all applica- notice if CONTRACTOR believes that any significant ble Laws and Regulations relating to the safety of changes in the Work or variations from the Contract persons or property, or to the protection of persons or Documents have been caused thereby or are required property from damage , injury, or loss ; and shall erect as a result thereof. If ENGINEER determines that a and maintain all necessary safeguards for such safety change in the Contract Documents is required be- and protection . CONTRACTOR shall notify owners of cause of the action taken by CONTRACTOR in adjacent property and of Underground Facilities and response to such an emergency, a Work Change other utility owners when prosecution of the Work may Directive or Change Order will be issued . affect them , and shall cooperate with them in the protection , removal , relocation , and replacement of 6 . 17 Shop Drawings and Samples their property. All damage , injury, or loss to any property referred to in paragraph 6 . 13 .A. 2 or 6 . 13 .A. 3 A. CONTRACTOR shall submit Shop Drawings caused , directly or indirectly, in whole or in part , by to ENGINEER for review and approval in accordance CONTRACTOR, any Subcontractor, Supplier, or any with the acceptable schedule of Shop Drawings and other individual or entity directly or indirectly employed Sample submittals . All submittals will be identified as by any of them to perform any of the Work , or anyone ENGINEER may require and in the number of copies for whose acts any of them may be liable , shall be specified in the General Requirements . The data remedied by CONTRACTOR (except damage or loss shown on the Shop Drawings will be complete with attributable to the fault of Drawings or Specifications respect to quantities , dimensions , specified perfor- or to the acts or omissions of OWNER or ENGINEER mance and design criteria , materials , and similar data 00700 - 23 00700 - General Conditions REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th StMn- m\bid documents\00700 - General Conditions REV 04-07 . doc r to show ENGINEER the services , materials , and CONTRACTOR's review and approval of that equipment CONTRACTOR proposes to provide and submittal , to enable ENGINEER to review the information for the limited purposes required by paragraph 6 . 17 . E . 3 . At the time of each submittal , CON . Samples to TRACTOR shall give ENGINEER specific B . CONTRACTOR shall also submit Sam p written notice of such variations , if any, that the ENGINEER for review and approval in accordance Shop Drawing or Sample submitted may have with the acceptable schedule of Shop Drawings and from the requirements of the Contract Sample submittals . Each Sample will be identified Documents , such notice to be in a written com - clearly as to material , Supplier, pertinent data such as munication separate from the submittal ; and , in catalog numbers , and the use for which intended and addition , shall cause a specific notation to be otherwise as ENGINEER may require to enable ENGI - made on each Shop Drawing and Sample sub- NEER to review the submittal for the limited purposes mitted to ENGINEER for review and approval of required by paragraph 6 . 17 . E . The numbers of each each such variation . Sample to be submitted will be as specified in the Specifications . E . ENGINEER 's Review C . Where a Shop Drawing or Sample is required 1 . ENGINEER will timely review and by the Contract Documents or the schedule of Shop approve Shop Drawings and Samples in Drawings and Sample submittals acceptable to ENGI - accordance with the schedule of Shop NEER as required by paragraph 2 . 07 , any related Drawings and Sample submittals acceptable to Work performed prior to ENGINEER's review and ENGINEER . ENGINEER's review and approval of the pertinent submittal will be at the sole approval will be only to determine if the items expense and responsibility of CONTRACTOR . covered by the submittals will , after installation or incorporation in the Work , conform to the D . Submittal Procedures information given in the Contract Documents and be compatible with the design concept of 1 . Before submitting each Shop the completed Project as a functioning whole as Drawing or Sample , CONTRACTOR shall have indicated by the Contract Documents , determined and verified : 2 . ENGINEER's review and approval a , all field measurements , quantities , will not extend to means , methods , techniques , dimensions , specified performance criteria , sequences , or procedures of construction installation requirements , materials , catalog (except where a particular means , method , numbers , and similar information with technique , sequence , or procedure of con - respect thereto ; struction is specifically and expressly called for by the Contract Documents ) or to safety b , all materials with respect to intended precautions or programs incident thereto . The use , fabrication , shipping , handling , storage , review and approval of a separate item as such assembly, and installation pertaining to the will not indicate approval of the assembly in performance of the Work ; which the item functions . c . all information relative to means , 3 . ENGINEER's review and approval of methods , techniques , sequences , and Shop Drawings or Samples shall not relieve procedures of construction and safety CONTRACTOR from responsibility for any precautions and programs incident thereto ; variation from the requirements of the Contract and Documents unless CONTRACTOR has in writing called ENGINEER's attention to each d . CONTRACTOR shall also have such variation at the time of each submittal as reviewed and coordinated each Shop required by paragraph 6 . 17 . D . 3 and ENGI . Drawing or Sample with other Shop NEER hasiven written approval pproval of each such Drawings and Samples and with the variation by specific written notation thereof requirements of the Work and the Contract incorporated in or accompanying the Shop Documents , DrawingSample or p approval ; nor will any 2 . Each submittal shall bear a stampapproval by ENGINEER relieve CON . or TRACTOR from responsibility for complying specific written indication that CONTRACTOR with the requirements of paragraph 6 . 17 . D . 1 . has satisfied CONTRACTOR's obligations under the Contract Documents with respect to 0 - 24 00700 - General Conditions REV 04-07 .doc FAPublic Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16tth7SOt\Adm m\bid documents\00700 - General Conditions REV 04-07 . doc F . Resubmittal Procedures 4 , use or occupancy of the Work or any 1 . CONTRACTOR shall make correc- part thereof by OWNER ; tions required by ENGINEER and shall return 50 any acceptance by OWNER or any the required number of corrected copies of failure to do so ; Shop Drawings and submit as required new Samples for review and approval . CON - 60 any review and a TRACTOR shall direct specific attention in Drawing or Sample submittall oor the r s a Shop he issuance of writing to revisions other than the corrections a notice of acceptability by ENGINEER ; called for by ENGINEER on previous submittals . 70 any inspection , test, or approval by 6 . 18 Continuing the Work others ; or A . CONTRACTOR shall carry on the Work and 8 , any correction of defective Work by adhere to the progress schedule during all disputes or OWNER . disagreements with OWNER . No Work shall be 6 . 20 Indemnification delayed or postponed pending resolution of any disputes or disagreements , except as permitted by A. To the fullest extent permitted by Laws and paragraph 15 . 04 or as OWNER and CONTRACTOR Regulations , CONTRACTOR shall indemnify and hold may otherwise agree in writing . harmless OWNER, ENGINEER , ENGINEER's Consultants , and the officers , directors , partners , 6 . 19 CONTRACTOR 's General Warranty and employees , agents , and other consultants Guarantee andsubcontractors of each and any of them from and against all claims , costs , losses , and damages A. CONTRACTOR warrants and guarantees to ( including but not limited to all fees and charges of OWNER, ENGINEER, and ENGINEER's Consultants engineers , architects , attorneys , and other that all Work will be in accordance with the Contract professionals and all court or arbitration or other Documents and will not be defective . dispute resolution costs ) arising out of or relating to CONTRACTOR's warranty and guarantee hereunder the performance of the Work , provided that any such excludes defects or damage caused by: claim , cost, loss , or damage : 1 . abuse , modification , or improper 1 . is attributable to bodily injury, maintenance or operation by persons other sickness , disease , or death , or to injury to or than CONTRACTOR , Subcontractors , destruction of tangible property Suppliers , or any other individual or entityfor g p p y (other than the Work itself) , including the loss of use resulting whom CONTRACTOR is responsible; or therefrom ; and 2 , normal wear and tear under normal 2 , is caused in whole or in part by any usage , negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any B . CONTRACTOR's obligation to perform and individual or entity directly or indirectly complete the Work in accordance with the Contract employed by any of them to perform any of the Documents shall be absolute . None of the following Work or anyone for whose acts any of them will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release may be liable , regardless of whether or not caused in part by any negligence or omission of of CONTRACTOR's obligation to perform the Work in an individual or entity indemnified hereunder or accordance with the Contract Documents : whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless 10 observations by ENGINEER ; of the negligence of any such individual or 2 , recommendation by ENGINEER or entity, payment by OWNER of any progress or final B . In any and all claims against OWNER or payment; ENGINEER or any of their respective consultants , 3 . the issuance of a certificate of Sub- agents , officers , directors , partners , or employees by Y employee y (or the survivor or personal stantial Completion by ENGINEER or any representative of such employee) of CONTRACTOR , payment related thereto by OWNER ; any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to 00 - 25 00700 - General Conditions REV 04-07 .doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 1(6tth7St\Adm m\bid documents\00700 - General Conditions REV 04-07 . doc perform any of the Work , or anyone for whose acts Documents , CONTRACTOR shall do all cutting , any of them may be liable , the indemnification fitting , and patching of the Work that may be required obligation under paragraph 6 . 20 .A shall not be limited to properly connect or otherwise make its several in any way by any limitation on the amount or type of parts come together and properly integrate with such damages , compensation , or benefits payable by or for other work . CONTRACTOR shall not endanger any CONTRACTOR or any such Subcontractor, Supplier, work of others by cutting , excavating , or otherwise or other individual or entity under workers ' compen - altering their work and will only cut or alter their work sation acts , disability benefit acts , or other employee with the written consent of ENGINEER and the others benefit acts . whose work will be affected . The duties and responsibilities of CONTRACTOR under this C . The indemnification obligations of CON - paragraph are for the benefit of such utility owners and TRACTOR under paragraph 6 . 20 .A shall not extend to other contractors to the extent that there are the liability of ENGINEER and ENGINEER's comparable provisions for the benefit of Consultants or to the officers , directors , partners , CONTRACTOR in said direct contracts between employees , agents , and other consultants and OWNER and such utility owners and other subcontractors of each and any of them arising out of: contractors . 1 . the preparation or approval of, or the C . If the proper execution or results of any part of failure to prepare or approve , maps , Drawings , CONTRACTOR's Work depends upon work per- opinions , reports , surveys , Change Orders , formed by others under this Article 7 , CONTRACTOR designs , or Specifications ; or shall inspect such other work and promptly report to ENGINEER in writing any delays , defects , or deficien - 2 . giving directions or instructions , or cies in such other work that render it unavailable or failing to give them , if that is the primary cause unsuitable for the proper execution and results of of the injury or damage . CONTRACTOR's Work . CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with ARTICLE 7 - OTHER WORK CONTRACTOR's Work except for latent defects and deficiencies in such other work . 7 . 01 Related Work at Site 7 . 02 Coordination A. OWNER may perform other work related to A. If OWNER intends to contract with others for the Project at the Site by OWNER's employees , or let the performance of other work on the Project at the other direct contracts therefor, or have other work Site , the following will be set forth in Supplementary performed by utility owners . If such other work is not Conditions : noted in the Contract Documents , then : 1 . given to 1 , the individual or entity who will have written notice thereof will be 9 authority and responsibility for coordination of CONTRACTOR prior to starting any such other the activities among the various contractors will work ; and be identified ; 2 . if OWNER and CONTRACTOR are 2 , the specific matters to be covered by unable to agree on entitlement to or on the such authority and responsibility will be amount or extent , if any, of any adjustment in itemized ; and the Contract Price or Contract Times that should be allowed as a result of such other 3 , the extent of such authority and work , a Claim may be made therefor as responsibilities will be provided , provided in paragraph 10 . 05 . B . Unless otherwise provided in the B . CONTRACTOR shall afford each other Supplementary Conditions , OWNER shall have sole contractor who is a party to such a direct contract and authority and responsibility for such coordination . each utility owner (and OWNER , if OWNER is per- forming the other work with OWNER's employees ) 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 other work and shall properly coordinate the Work with theirs . Unless otherwise provided in the Contract 00700 - General Conditions REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16tth7SOt\Admlm\bid documents\00700 - General Conditions REV 04-07 . doc ARTICLE 8 - OWNER ' S RESPONSIBILITIES 8 . 09 Limitations on OWNER 's Responsibilities A. The OWNER shall not supervise , direct , or 8 . 01 Communications to Contractor have control or authority over, nor be responsible for, CONTRACTOR's means , methods , techniques , se- A. Except as otherwise provided in these quences , or procedures of construction , or the safety General Conditions , OWNER shall issue all communi- precautions and programs incident thereto , or for any cations to CONTRACTOR through ENGINEER , failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the 8 . 02 Replacement of ENGINEER Work . OWNER will not be responsible for ' failure to A. In case of termination of the employment of a coordancCe with the Contract Docuoments . Work in ENGINEER , OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable 8 . 10 Undisclosed Hazardous Environmental objection , whose status under the Contract Condition Documents shall be that of the former ENGINEER . 8 . 03 Furnish Data A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is A. OWNER shall promptly furnish the data set forth in paragraph 4 . 06 , required of OWNER under the Contract Documents , 8 . 11 Evidence of Financial Arrangements 8 . 04 Pay Promptly When Due A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that A. OWNER shall make payments to CONTRAC- financial arrangements have been made to satisfy TOR promptly when they are due as provided in OWNER's obligations under the Contract Documents , paragraphs 14 . 02 . 0 and 14 . 07 . C . OWNER's responsibility p ty in respect thereof will be as 8 . 05 Lands and Easements; Reports and Tests set forth in the Supplementary Conditions . A. OWNER's duties in respect of providing lands ARTICLE 9 - ENGINEER 'S STATUS DURING and easements and providing engineering surveys to CONSTRUCTION establish reference points are set forth in paragraphs 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to OWNER's identifying and making available to CONTRACTOR 9 . 01 OWNER 'S Representative copies of reports of explorations and tests of subsurface conditions and drawings of physical A. ENGINEER will be OWNER's representative conditions in or relating to existing surface or during the construction period . The duties and subsurface structures at or contiguous to the Site that responsibilities and the limitations of authority of have been utilized by ENGINEER in preparing the ENGINEER as OWNER's representative during Contract Documents , construction are set forth in the Contract Documents 8 . 06 Insurance and will not be changed without written consent of OWNER and ENGINEER . A. OWNER's responsibilities , if any, in respect to 9 . 02 Visits to Site purchasing and maintaining liability and property insur- ance are set forth in Article 5 , A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- tion as ENGINEER deems necessary in order to observe as an experienced and qualified design A. OWNER is obligated to execute Change professional the progress that has been made and the Orders as indicated in paragraph 10 . 03 , quality of the various aspects of CONTRACTOR's executed Work . Based on information obtained 8 . 08 Inspections, Tests, and Approvals during such visits and observations , ENGINEER, for the A. OWNER's responsibility in respect to certain the Work lisofproceeding will determine , in general , if in accordanceinspections , tests , and approvals is set forth in tract Documents . ENGINEER will not bet required the oto paragraph 13 . 03 . B . make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . 0 - 27 00700 - General Conditions REV 04-07 .doc F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16tth7SOt\Adm m\bid documents\00700 - General Conditions REV C4-07 .doc ENGINEER's efforts will be directed toward providing Documents which do not involve an adjustment in the for OWNER a greater degree of confidence that the Contract Price or the Contract Times and are compati- completed Work will conform generally to the Contract ble with the design concept of the completed Project Documents . On the basis of such visits and as a functioning whole as indicated by the Contract observations , ENGINEER will keep OWNER informed Documents . These may be accomplished by a Field of the progress of the Work and will endeavor to guard Order and will be binding on OWNER and also on OWNER against defective Work . CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable B . ENGINEER 's visits and observations are to agree on entitlement to or on the amount or extent , subject to all the limitations on ENGINEER 's authority if any, of any adjustment in the Contract Price or and responsibility set forth in paragraph 9 . 10 , and Contract Times , or both , as a result of a Field Order, particularly, but without limitation , during or as a result a Claim may be made therefor as provided in of ENGINEER's visits or observations of paragraph 10 . 05 . CONTRACTOR's Work ENGINEER will not supervise , direct, control , or have authority over or be 9 . 06 Rejecting Defective Work responsible for CONTRACTOR's means , methods , techniques , sequences , or procedures of construction , A .or the safety precautions and programs incident or reject Wortk wRhich I ENGINEER authority have believes dptorobe thereto , or for any failure of CONTRACTOR to comply defective , or that ENGINEER believes will not produce with Laws and Regulations applicable to the a completed Project that conforms to the Contract performance of the Work . Documents or that will prejudice the integrity of the 9 . 03 Project Representative design concept of the completed Project as a functioning whole as indicated by the Contract Documents . ENGINEER will also have authority to A. If OWNER and ENGINEER agree , ENGI - require special inspection or testing of the Work as NEER will furnish a Resident Project Representative provided in paragraph 13 . 04 , whether or not the Work to assist ENGINEER in providing more extensive is fabricated , installed , or completed , observation of the Work . The responsibilities and authority and limitations thereon of any such Resident 9 . 07 Shop Drawings, Change Orders and Project Representative and assistants will be as Payments provided in paragraph 9 . 10 and in the Supplementary Conditions . If OWNER designates another represen - A . In connection with ENGINEER's authority as tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant , agent or employee , the to Shop Drawings and Samples , see paragraph 6 . 17 . responsibilities and authority and limitations thereon of B . In connetion with such other individual or entity will be as provided in the to Change Orde sc see Articles ONEE and 12hority as Supplementary Conditions . C . In connection with ENGINEER's authority as 9 . 04 Clarifications and Interpretations to Applications for Payment, see Article 14 , A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed be consistent with the intent of and reasonably by CONTRACTOR . ENGINEER will review with inferable from the Contract Documents . Such written CONTRACTOR the ENGINEER's preliminary clarifications and interpretations will be bindingon determinations on such matters before rendering a OWNER and CONTRACTOR . If OWNER and CON - written decision thereon (by recommendation of an TRACTOR are unable to agree on entitlement to or on Application for Payment or otherwise) . ENGINEER's the amount or extent , if any, of any adjustment in the written decision thereon will be final and binding Contract Price or Contract Times , or both , that should clarification or (except as modified by ENGINEER to reflect changed be allowed as a result of a written factual conditions or more accurate data ) upon interpretation , a Claim may be made therefor as OWNER and CONTRACTOR , provided in paragraph 10 . 05 , provisions of paragraph 10 . 05 , subject to the 9 . 05 Authorized Variations in Work 9 . 09 Decisions on Requirements of Contract A. ENGINEER may authorize minor variations in Documents and Acceptability of Work the Work from the requirements of the Contract 0 - 28 00700 - General Conditions REV 04-07 .doc F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16tth7SOtMnnir\bid documents\00700 - General Conditions REV 04-07 . doc A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of D . ENGINEER 's review of the final Application the acceptability of the Work thereunder. Claims , for Payment and accompanying documentation and all disputes and other matters relating to the acceptability maintenance and operating instructions , schedules , of the Work , the quantities and classifications of Unit requirements of guarantees , Bonds , certificates of inspection , tests Price Work , the interpretation of the re q and approvals , and other documentation required to the Contract Documentsertainin to the pd Claims seekin be delivered by paragraph 14 . 07 .A will only be to performance of the Work , a changes in the Contract Price or Contract Times will therequirements generallyrmine their of, and nhe case of certificates with be referred initially to ENGINEER in writing , in inspections , tests , and approvals that the results accordance with the provisions of paragraph 10 . 05 , certified indicate compliance with , the Contract with a request for a formal decision . Documents . B . When functioning as interpreter and judge E . The limitations upon authority and responsibil- under this paragraph 9 . 09 , ENGINEER will not show ity set forth in this paragraph 9 . 10 shall also apply to partiality to OWNER or CONTRACTOR and will not ENGINEER's Consultants , Resident Project Repre- be liable in connection with any interpretation or sentative , and assistants , decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS paragraph 9 . 09 with respect to any such Claim , dispute , or other matter (except any which have been waived by the making or acceptance of final payment 10 . 01 Authorized Changes in the Work as provided in paragraph 14 . 07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either A , Without invalidating the Agreement and without notice to any surety, OWNER may, at any time may otherwise have under the Contract Documents or or from time to time , order additions , deletions , or by Laws or Regulations in respect of any such Claim , revisions in the Work by a Written Amendment, a dispute , or other matter. Change Order, or a Work Change Directive . Upon receipt of any such document, CONTRACTOR shall 9 . 10 Limitations on ENGINEER 's Authority and promptly proceed with the Work involved which will be Responsibilities performed under the applicable conditions of the Contract A. Neither ENGINEER's authority or respon - provided ) Documents (except as otherwise specifically sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by B . If OWNER and CONTRACTOR are unable to ENGINEER in good faith either to exercise or not agree on entitlement to , or on the amount or extent , if exercise such authority or responsibility or the any, of an adjustment in the Contract Price or Contract undertaking , exercise , or performance of any authority Times , or both , that should be allowed as a result of a or responsibility by ENGINEER shall create, impose , Work Change Directive , a Claim may be made or give rise to any duty in contract , tort, or otherwise therefor as provided in paragraph 10 . 05 , owed by ENGINEER to CONTRACTOR , any Subcon - tractor, any Supplier, any other individual or entity, or 10 . 02 Unauthorized Changes in the Work to any surety for or employee or agent of any of them . A. to an B . ENGINEER will not supervise , direct, control , increase in O hecCont acct Price ornot oanbextenslion of the or have authority over or be responsible for Contract Times with respect to any work performed CONTRACTOR's means , methods , techniques , se- that is not required by the Contract Documents as quences , or procedures of construction , or the safety amended , modified , or supplemented as provided in precautions and programs incident thereto , or for any paragraph 3 . 04 , except in the case of an emergency failure of CONTRACTOR to comply with Laws and as provided in paragraph 6 . 16 or in the case of Regulations applicable to the performance of the uncovering Work as provided in paragraph 13 . 04 . 13 . Work . ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in 10 . 03 Execution of Change Orders accordance with the Contract Documents . A . OWNER and CONTRACTOR shall execute C . ENGINEER will not be responsible for the appropriate Change Orders recommended by ENGI - acts or omissions of CONTRACTOR or of any NEER (or Written Amendments ) covering : Subcontractor, any Supplier, or of any other individual or entity performing any of the Work . 00 - 29 00700 -- General Conditions REV 04-07 .doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16tth7St\Adm m\bid documents\00700 - General Conditions REV 04-07.doc 1 . changes in the Work which are : ( i ) The opposing party shall submit any response to ordered by OWNER pursuant to paragraph ENGINEER and the claimant within 30 days after 10 . 01 .A, ( ii ) required because of acceptance of receipt of the claimant's last submittal (unless defective Work under paragraph 13 . 08 .A or ENGINEER allows additional time ) . OWNER's correction of defective Work under paragraph 13 . 09 , or ( iii ) agreed to by the parties ; B . ENGINEER 's Decision: ENGINEER will render a formal decision in writing within 30 days after 2 , changes in the Contract Price or receipt of the last submittal of the claimant or the last Contract Times which are agreed to by the submittal of the opposing party, if any. ENGINEER's parties , including any undisputed sum or written decision on such Claim , dispute , or other amount of time for Work actually performed in matter will be final and binding upon OWNER and accordance with a Work Change Directive ; and CONTRACTOR unless : 3 , changes in the Contract Price or Contract Times which embody the substance of1 � an appeal from Eman Rin decision any written decision rendered by ENGINEER is taken within the time limits its and n accordance with the dispute resolution pursuant to paragraph 10 . 05 ; provided that, in procedures set forth in Article 16 ; or lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract 2 have such dispute resolution Documents and applicable Laws and Re ula- procedures e been set forth in Article 16 , a 9 written notice of intention to appeal from tions , but during any such appeal , ENGINEER's written decision is delivered by CONTRACTOR shall carry on the Work and OWNER or CONTRACTOR to the other and to adhere to the progress schedule as provided in ENGINEER within 30 days after the date of paragraph 6 . 18 .A, such decision , and a formal proceeding is instituted by the appealing party in a forum of 10 . 04 Notification to Surety competent jurisdiction within 60 days after the A . If notice of any change affectin the °neral date of such decision or within 60 days after 9 9 Substantial Completion , whichever is later scope of the Work or the provisions of the Contract Documents ( including , but not limited to , Contract (unless otherwise agreed in writing by OWNER and CONTRACTOR) , to exercise such rights or Price or Contract Times ) is required by the provisions of any Bond to be given to a sure the giving of an remedies as the appealing party may have with ty, g g y respect to such Claim , dispute , or other matter such notice will be CONTRACTOR's responsibility. in accordance with applicable Laws and The amount of each applicable Bond will be adjusted Regulations , to reflect the effect of any such change . 10 . 05 Claims and Disputes C . If ENGINEER does not render a formal decision in writing within the time stated in paragraph A. Notice: Written notice stating the general 10 . 05 . 6 , a decision denying the Claim in its entirety nature of each Claim , dispute , or other matter shall be shall be deemed to have been issued 31 days after delivered by the claimant to ENGINEER and the other receipt of the last submittal of the claimant or the last party to the Contract promptly (but in no event later submittal of the opposing party, if any. than 30 days ) after the start of the event giving rise thereto . Notice of the amount or extent of the Claim , D . No Claim for an adjustment in Contract Price dispute , or other matter with supporting data shall be or Contract Times (or Milestones ) will be valid if not delivered to the ENGINEER and the other party to the submitted in accordance with this paragraph 10 . 05 . Contract within 60 days after the start of such event ( unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support ARTICLE 11 - COST OF THE WORK ; CASH of such Claim , dispute , or other matter) . A Claim for ALLOWANCES ; UNIT PRICE WORK an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12 . 01 . B0 A Claim for an adjustment in Contract Time shall be 11 . 01 Cost of the Work prepared in accordance with the provisions of paragraph 12 . 02 . 8 . Each Claim shall be accomA.- panied by claimant's written statement that the adjust- means the sum of allcostsco is necessard: The termililytinncuof rlre aond ment claimed is the entire adjustment to which the paid by CONTRACTOR in the proper performance of claimant believes it is entitled as a result of said event . the Work . When the value of any Work covered by a - 30 00700 - General Conditions REV 04-07.doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th( 7St(\Adm m\bid documents\00700 - General Conditions REV 04-07 . doc Change Order or when a Claim for an adjustment in Subcontractor is to be paid on the basis of Cost Contract Price is determined on the basis of Cost of the Work , the costs to be reimbursed to of the Work plus a fee , the Subcontractor's CONTRACTOR will be only those additional or Cost of the Work and fee shall be determined in the same manner as CONTRACTOR 's Cost incremental costs required because of the change in 9 of the Work and fee as provided in this para - the Work or because of the event giving rise to the graph 11 . 01 . Claim . Except as otherwise may be agreed to in writing by OWNER , such costs shall be in amounts no higher than those prevailing in the localityof the u Costs of special consultants ( including but not limited to engineers , Project, shall include only the following items , and architects , testing laboratories , surveyors , shall not include any of the costs itemized in para- attorneys , and accountants ) employed for graph 11 . 01 . 6 . services specifically related to the Work . 1 . Payroll costs for employees in the 5 . Supplemental costs including the direct employ of CONTRACTOR in the perfor- following : mance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR . Such employees shall include a . The proportion of necessary trans- without limitation superintendents , foremen , portation , travel , and subsistence expenses of CONTRACTOR's employees incurred in dis- and other personnel employed full time at the Site . Payroll costs for employees not employed charge of duties connected with the Work . full time on the Work shall be apportioned on the basis of their time spent on the Work . b � Cost, including transportation and Payroll costs shall include , but not be limited to , maintenance , of all materials , supplies , equip- salaries and wages plus the cost of fringe ment, machinery, appliances , office , and 9 temporary facilities at the Site , and hand tools benefits , which shall include social security not owned by the workers , which are consumed contributions , unemployment, excise , and in the performance of the Work , and cost, less payroll taxes , workers ' compensation , health market value , of such items used but not con - and retirement benefits , bonuses , sick leave , sumed which remain thero e vacation and holiday pay applicable thereto . P P rty of CON - The expenses of performing Work outside of TRACTOR . regular working hours , on Saturday, Sunday, or legal holidays , shall be included in the above to c ' Rentals of all construction equip- the extent authorized by OWNER . ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved 2 . Cost of all materials and equipment by OWNER with the advice of ENGINEER , and furnished and incorporated in the Work , includ - ing costs of transportation and story a thereof, the costs of transportation , loading , unloading , g assembly, dismantling , and removal thereof. and Suppliers ' field services required in All such costs shall be in accordance with the connection therewith . All cash discounts shall terms of said rental agreements . The rental of accrue to CONTRACTOR unless OWNER any such equipment, machinery, or parts shall deposits funds with CONTRACTOR with which cease when the use thereof is no longer to make payments , in which case the cash necessary for the Work , discounts shall accrue to OWNER . All trade discounts , rebates and refunds and returns from sale of surplus materials and equipment d � Sales , consumer, use , and other similar taxes related to the Work , and for which shall accrue to OWNER, and CONTRACTOR may be CONTRACTOR is liable , imposed by Laws and shall make provisions so that they y y Regulations . obtained . 3 . Payments made by CONTRACTOR a Deposits lost for causes other than negligence of CONTRACTOR, any Sub- to Subcontractors for Work performed by contractor, or anyone directly or indirectly Subcontractors . If required by OWNER, CON - employed by any of them or for whose acts any TRACTOR shall obtain competitive bids from of them may r liable , and royalty payments subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to and fees for permits and licenses . OWNER, who will then determine , with the advice of ENGINEER , which bids , if any, will be f� Losses and damages (and related acceptable . If any subcontract provides that the expenses ) caused by damage to the Work , not compensated by insurance or otherwise , sus- 0700 - 31 00700 - General Conditions REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 1(6 h St\Admim\bid documents\00700 - General Conditions REV 04-07 .doc tained by CONTRACTOR in connection with the performance of the Work (except losses 2 � Expenses of CONTRACTOR's princi - and damages within the deductible amounts of pal and branch offices other than CONTRACTOR's office at the Site , property insurance established in accordance with paragraph 5 . 06 . D ) , provided such losses and damages have resulted from causes other expenses , including interest on than the negligence of CONTRACTOR , any CONTRACTOR's capital employed for the 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 consent and approval of OWNER . No such 4 . Costs due to the negligence of CON - losses , damages , and expenses shall be TRACTOR, any Subcontractor, or anyone 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 makin facilities at the Site , any damage to property. 9 good 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 . 6 . 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 , j . When all the Work is performed on the n pa agraph01 . 0110, shall be determined as set forth 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 , princi- pals (of partnerships and sole proprietorships ) , 11 . 02 Cash Allowances general managers , engineers , architects , estimators , attorneys , auditors , accountants , A. It is understood that CONTRACTOR has in - purchasing and contracting agents , expediters , cluded in the Contract Price all allowances so named timekeepers , clerks , and other personnel in the Contract Documents and shall cause the Work employed by CONTRACTOR , whether at the so covered to be performed for such sums as may be Site or in CONTRACTOR's principal or branch acceptable to OWNER and ENGINEER , office for general administration of the Work and not specifically included in the agreed upon CONTRACTOR agrees that : schedule of job classifications referred to in paragraph 11 . 01 . A. 1 or specifically covered b 1 � the allowances include the cost to Y CONTRACTOR (less any applicable trade paragraph 11 . 01 .AA , all of which are to be discounts ) of materials and equipment required considered administrative costs covered by the by the allowances to be delivered at the Site , CONTRACTOR 's fee . and all applicable taxes ; and 2 - CONTRACTOR 's costs for unloading and handling on the Site , labor, installation 00700 - 32 00700 - General Conditions REV 04-07 . doc F:\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc , „s 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 . A. Where the Contract Documents provide that B . The value of any Work covered by a Change p 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 unit price for each separately identified item of Unit 1 where the Work involved is covered Price Work times the estimated quantity of each item by unit prices contained in the Contract as indicated in the Agreement. The estimated Documents , by application of such unit prices to uaran - the quantities of the items involved (subject to quantities of items of Unit Price Work are not 9 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- minations of the actual quantities and classifications of ered 2 • where the Work involved is not by unit prices contained in the Contract tract Unit Price Work performed by CONTRACTOR will be Documents , by a mutually agreed lump sum made by ENGINEER subject to the provisions of paragraph 9 . 08 . (which may include an allowance for overhead and profit not necessarily in accordance with B . Each unit price will be deemed to include an paragraph 12 . 01 . C . 2 ) ; or amount considered by CONTRACTOR to be ade- p quate to cover CONTRACTOR's overhead and profit ered 3 • where the Work involved is not by unit prices contained in the Contract tract for each separately identified item . Documents and agreement to a lump sum is make a not reached under paragraph 12 . 01 . B . 2 , on the C . OWNER or CONTRACTOR may basis of the Cost of the Work (determined as Claim for an adjustment in the Contract Price in accor- dance with paragraph 10 . 05 if: provided in paragraph 11 . 01 ) plus a CONTRACTOR 's fee for overhead and profit (determined as provided in paragraph 12 . 01 . C ) . 1 , the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated C � CONTRACTOR 's Fee: The CONTRACTOR's fee for overhead and profit shall be quantity of such item indicated in the determined as follows : Agreement; and 2 , 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 additional expense or OWNER believes that a . for costs incurred under para- OWNER is entitled to a decrease in Contract graphs 11 . 01 . A. 1 and 11 . 01 . A. 2 , the CONTRACTOR's fee shall be 15 percent; Price and the parties are unable to agree as to the amount of any such increase or decrease . b . for costs incurred under paragraph 11 . 01 .A. 3 , the CONTRACTOR's fee shall be five percent; 00 - 33 00700 - General Conditions REV 04-07 .doc F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 161h7St\Adm m\bid documents\00700 - General Conditions REV 04-07.doc c . where one or more tiers of subcon - limited to , acts or neglect by OWNER , acts or neglect tracts are on the basis of Cost of the Work of utility owners or other contractors performing other plus a fee and no fixed fee is agreed upon , work as contemplated by Article 7 , fires , floods , the intent of paragraph 12 . 01 . C . 2 . a is that epidemics , abnormal weather conditions , or acts of the Subcontractor who actually performs God . the Work , at whatever tier, will be paid a fee of 15 percent of the costs incurred by such 12 . 04 Delays Within CONTRACTOR 's Control Subcontractor under paragraphs 11 . 01 .A. 1 and 11 . 01 .A . 2 and that any higher tier A. The Contract Times (or Milestones ) will not be Subcontractor and CONTRACTOR will extended due to delays within the control of each be paid a fee of five percent of the CONTRACTOR . Delays attributable to and within the amount paid to the next lower tier Subcon - control of a Subcontractor tractor; or Supplier shall be deemed to be delays within the control of CONTRAC - d . no fee shall be payable on the TOR , basis of costs itemized under paragraphs 12 . 05 Delays Beyond OWNER 's 11 . 01 . A.4 , 11 . 01 .A. 5 , and 11 . 01 . 6 ; CONTRACTOR 's Control and e , the amount of credit to be allowed A. Where CONTRACTOR is prevented from by CONTRACTOR to OWNER for any completing any part of the Work within the Contract change which results in a net decrease in Times (or Milestones ) due to delay beyond the control cost will be the amount of the actual net of both OWNER and CONTRACTOR, an extension of decrease in cost plus a deduction in the Contract Times (or Milestones ) in an amount CONTRACTOR's fee by an amount equal equal to the time lost due to such delay shall be to five percent of such net decrease ; and CONTRACTOR's sole and exclusive remedy for such f, when both additions and credits are delay, involved in any one change , the adjustment 12 . 06 Delay Damages in CONTRACTOR's fee shall be computed on the basis of the net change in A. In no event shall OWNER or ENGINEER be accordance with paragraphs 12 . 01 . C . 2 . a liable to CONTRACTOR , any Subcontractor, any through 12 . 01 . C . 2 . e , inclusive . Supplier, or any other person or organization , or to any 12 . 02 Change of Contract Times surety for or employee or agent of any of them , for damages arising out of or resulting from : A. The Contract Times (or Milestones ) may only be changed by a Change Order or by a Written 1 delays caused by or within the control Amendment . Any Claim for an adjustment in the of CONTRACTOR; or Contract Times (or Milestones ) shall be based on written notice submitted by the party making the claim 2 � delays beyond the control of both to the ENGINEER and the other party to the Contract OWNER and CONTRACTOR including but not limited to fires , floods , epidemics , abnormal in accordance with the provisions of paragraph 10 . 05 . weather conditions , acts of God , or acts or B . Any adjustment of the Contract Times or neglect by utility owners or other contractors Milestones ) covered by a Change Order or of an Performing other work as contemplated by Article 7 . Claim for an adjustment in the Contract Times (or Milestones ) will be determined in accordance with the provisions of this Article 12 , B . Nothing in this paragraph 12 . 06 bars a change in Contract Price pursuant to this Article 12 to 12 . 03 Delays Beyond CONTRACTOR 's Control compensate CONTRACTOR due to delay, interference , or disruption directly attributable to A. Where CONTRACTOR is prevented from actions or inactions of OWNER or anyone for whom completing any part of the Work within the Contract OWNER is responsible . Times (or Milestones ) due to delay beyond the control Of CONTRACTOR, the Contract Times (or Milestones ) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12 . 02 .A. Delays beyond the control of CONTRACTOR shall include , but not be 00700 - 34 00700 - General Conditions REV 04-07 . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 .doc 4 r1 F 44444 1114 PI VIII 41 l ARTICLE 13 - TESTS AND INSPECTIONS ; furnish ENGINEER the required certificates of inspec- CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK tion or approval . p, I D . CONTRACTOR shall be responsible for 13 . 01 Notice of Defects arranging and obtaining and shall pay all costs in connection with any inspections , tests , or approvals required for OWNER's and ENGINEER's acceptance , .. A. Prompt notice of all defective Work of which of materials or equipment to be incorporated in the 1 OWNER or ENGINEER has actual knowledge will be Work ; or acceptance of materials , mix designs , or I given to CONTRACTOR . All defective Work may be equipment submitted for rejected , corrected , or accepted as provided in this approval prior to Article 13 . CONTRACTOR's purchase thereof for incorporation in the Work . Such inspections , tests , or approvals 13 . 02 Access to Work shall be performed by organizations acceptable to OWNER and ENGINEER . A. OWNER, ENGINEER, ENGINEER 's Con - E . If any Work (or the work of others ) that is to sultants , other representatives and personnel of be inspected , tested , or approved is covered by CON- I, OWNER, independent testing laboratories , and TRACTOR without written concurrence of ENGI - governmental agencies with jurisdictional interests will NEER , it must, if requested by ENGINEER , be uncov- have access to the Site and the Work at reasonable ered for observation , �x times for their observation , inspecting , and testing . CONTRACTOR shall provide them proper and safe F .conditions for such access and advise them of 13 . 03 . E hall be lag CONTRACTOR'sexpennWork as Provided inpse ugnless CONTRACTOR's Site safety procedures and CONTRACTOR has given ENGINEER timely notice programs so that they may comply therewith as applicable . of CONTRACTOR 's intention to cover the same I ENGINEER has not acted with reasonable prompt. R5 13 . 03 Tests and Inspections ness in response to such notice . A. CONTRACTOR shall give ENGINEER timely 13 . 04 Uncovering Work notice of readiness of the Work for all required A. If any Work is covered contrary to the written • ; inspections , tests , or approvals and shall cooperate request of ENGINEER , it must, if requested by ENGk . i . with inspection and testing personnel to facilitate NEER , be uncovered for ENGINEER's observation required inspections or tests , and replaced at CONTRACTOR's expense , s % B . p B . If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI - NEER or inspected or tested by others , CONTRAC - TOR, at ENGINEER's request , shall uncover, expose , or otherwise make available for observation , inspec- ' tion , or testing as ENGINEER may require , that 2Rd 42021 below portion of the Work in question , furnishing all neces- sary labor, material , and equipment . If it is found that such Work is defective , CONTRACTOR shall pay all tests AW Claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , architects , Paid attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out ;3A Ath of or relating to such uncovering , exposure , observa- tion , inspection , and testing , and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of C . If Laws or Regulations of any public body others ) ; and OWNER shall be entitled having jurisdiction require any Work (or part thereof) to an appropriate decrease in the Contract Price . If the specifically to be inspected , tested , or approved by an parties are unable to agree as to the amount thereof, employee or other representative of such public body, OWNER may make a Claim therefor as provided in CONTRACTOR shall assume full responsibility for Work arranging and obtaining such inspections , tests , or tobe defective , CONTRACTORragraph 10 . 05 . If, however, cshall bels not found approvals , pay all costs in connection therewith , and increase in the Contract Price or an extension of than e 00700 - 35 00700 - General Conditions REV 04-07 .doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th SMdm m\bid documents\00700 - General Conditions REV 04-07 .doc IN * ANiAN A Y - 'w"""�` a 5 �g,- i e '` �a " r '?"„ € `P . ' �. f,,5 ' ,k G r +z.. ° ' `N '£ a ;- A Xe IF I A I ANN »e: ;. ,.. ,N aPs ' i a..? '=7 ' _,�"''u.�Aefl� z. X3:.' 2 h zA.-`� ,� AN FAA A k, Contract Times (or Milestones ) , or both , directly work of others or other land or areas resulting there- attributable to such uncovering , exposure , g - III AN observation , inspection , testing , replacement , and from . If CONTRACTOR does not promptly comply ICA with the terms of such instructions , or in an reconstruction . If the parties are unable to agree as to emergency where delay would cause serious risk of the amount or extent thereof, CONTRACTOR may loss or damage , OWNER may have the defective AN make a Claim therefor as provided in paragraph Work corrected or repaired or may have the rejected . , 10 . 05 . ° ll � AN Work removed and replaced , and all Claims , costs , 13 . 05 OWNER May Stop the Work losses , and damages ( including but not limited to all fees and charges of engineers , architects , attorneys , t:. and other professionals and all court or arbitration or i : other dispute resolution costs ) arising out of or relating to such correction or repair or such removal and replacement ( including but not limited to all costs of the 1.9 repair or replacement of work of others ) will be paid by t CONTRACTOR . URN thE) 13816168 1:9F 91H941 �1 to StAPtheB . In special circumstances where a particular l: item of equipment is placed in continuous service F­nf OWNER to j; before Substantial Completion of all the Work , the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment , I 13 . 06 Correction or Removal of Defective WorkC . Where defective Work (and damage to other Work resulting therefrom ) has been corrected or A. CONTRACTOR shall correct all defective the removed period hereunder and replaced his paragraph 13 . 07 , Ii AWork , whether or not fabricated , installed , or Work will be extended for an additional per owith tdt of one such completed , or, if the Work has been rejected by ENGI - year after such correction or removal and replacement NEER , remove it from the Project and replace it with has been satisfactorily completed . Work that is not defective . CONTRACTOR shall pay f: all Claims , costs , losses , and damages (includingbut D . CONTRACTOR 's obligations under this not limited to all fees and charges of engineers , paragraph 13 . 07 are in addition to any other obligation architects , attorneys , and other professionals and all or warranty. The provisions of this paragraph 13 . 07 court or arbitration or other dispute resolution costs ) shall not be construed as a substitute for or a waiver arising out of or relating to such correction or removal of the provisions of any applicable statute of limitation (including but not limited to all costs of repair or or re ose . I. replacement of work of others ) . p 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work If, ins uiring correction or A. If within one year after the date of Substantial and Areplacementdoff defective Work , OWNER (andl Completion or such longer period of time as may be Y prior to ENGINEER'S recommendation of final pays prescribed by Laws or Regulations or by the terms of ment , ENGINEER) prefers to accept it, OWNER may any applicable special guarantee required by the do so . CONTRACTOR shall pay all Claims , costs , Contract Documents or by any specific provision of the losses , and damages (including but not limited to all Contract Documents , any Work is found to be fees and charges of engineers , architects , attorneys , defective , or if the repair of any damages to the land and other professionals and all court or arbitration or or areas made available for CONTRACTOR's use b y other iL OWNER or permitted by Laws and Regulations as OWNER 'spevaluaton uteresocution osts ) and determinationuto taae to ccept contemplated in paragraph 6 . 11 .A is found to be such defective , CONTRACTOR shall promptly, without cost ENGINEER �as to reasonableness ) and he dve Work (such costs to be emi sheyAN to OWNER and in accordance with OWNER's written value of the Work to the extent not otherwise aid by instructions : (i ) repair such defective land or areas , or p Y ( ii) correct such defective Work or, if the defective such acceptance occurs priopursuant r tohIENGINEER's r co s sentence , If any Work has been rejected by OWNER , remove it from m the Project and replace it with Work that is not issued tioncorporat innal corporating eenece necessary grevisions will be the defective , and (iii) satisfactorily correct or repair or Contract Documents with respect to the Work , and remove and replace any damage to other Work , the OWNER shall be entitled to an appropriate decrease 00700 - 36 00700 - General Conditions REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 76th St\Adnnim\bid documents\00700 - General Conditions REV 04-07.doc A% FAA A IF r i a f f � . _ .'Si 6.Is" ��: rl£"+'» +�4'"{4t' } �."nv h S"ei $•,k �'y h ` '+ in the Contract Price , reflecting the diminished value of Work so accepted . If the parties are unable to agree D .as to the amount thereof, OWNER may make a Claim extension CONTRACTOR on ractalTimes (or Ml not be il stone n therefor as provided in paragraph 10 . 05 . If the because s ) 44 acceptance occurs after such recommendation , an of any delay m the performance of the Work appropriate amount will be paid by CONTRACTOR to rights and leremed es under to the this paragraph 3 09 .by OWNER of NER's OWNER . k i( 13 . 09 OWNER May Correct Defective Work ARTICLE 14 It PAYMENTS TO CONTRACTOR AND A. If CONTRACTOR fails within a reasonable COMPLETION time after written notice from ENGINEER to correct i� defective Work or to remove and replace rejected 14 . 01 Schedule of Values € Work as required by ENGINEER in accordance with paragraph 13 . 06 .A, or if CONTRACTOR fails to A. The schedule of f ° perform the Work in accordance with the Contract ed in paragraph 2 . 07A will values serve as the baished as ps for i' Documents , or if CONTRACTOR fails to comply with an other P Y progress payments and will be incorporated into a Y provision of the Contract Documents , form of Application for Payment acceptable to ENGI - OWNER may, after seven days written notice to NEER . Progress payments on account of Unit Price CONTRACTOR, correct and remedy any such deficiency. Work will be based on the number of units completed . B . In exercising the rights and remedies under 14 . 02 Progress Payments this paragraph , OWNER shall proceed expeditiously. A. Applications for Payments In connection with such corrective and remedial action , OWNER may exclude CONTRACTOR from all I or part of the Site , take possession of all or part of the 1 � At least 20 days before the date Work and suspend CONTRACTOR's services related established for each progress payment (but not more often than once a month ) , thereto , take possession of CONTRACTOR's tools , appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and the Site , and incorporate in the Work all materials and signed by CONTRACTOR coverin the Work F equipment stored at the Site or for which OWNER has g paid CONTRACTOR but which are stored elsewhere . completed as of the date of the Application and accompanied by such supporting CONTRACTOR shall allow OWNER , OWNERS representatives , agents and employees , WN OER 's documentation as is required by the Contract r other contractors , and ENGINEER and ENWNER's Documents . If payment is requested on the basis of materials and equipment not Consultants access to the Site to enable OWNER to incorporated in the Work but delivered and exercise the rights and remedies under this paragraph . suitably stored at the Site or at another location agreed to in writing , the Application for Payment It CClaims , costsshall also be accompanied by a bill of sale , . All , losses , and damages invoice , or other documentation warranting that ( including but not limited to all fees and charges of OWNER has received the materials and equip- engineers , architects , attorneys , and other professionals and all court or arbitration or other ment free and clear of all Liens and evidence that the materials and equipment are covered dispute resolution costs ) incurred or sustained b by appropriate property insurance or other OWNER in exercising the rights and remedies under arrangements to protect OWNER's interest this paragraph 13 . 09 will be charged against CON - therein , all of which must be satisfactory to TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract OWNER . Documents with respect to the Work ; and OWNER shall be entitled to an appropriate decrease in the 2 , Beginning with the second Contract Price . If the parties are unable to agree as to APPlication for Payment , each Application shall g include an affidavit of CONTRACTOR stating the amount of the adjustment , OWNER may make a that allrevious Claim therefor as provided in paragraph 10 . 05 . Such P progress payments received claims , costs , losses and damages will include but not on account of the Work have been applied on account to discharge CONTRACTOR's be limited to all costs of repair, or replacement of work legitimate obligations associated with prior of others destroyed or damaged by correction , Applications for Payment. removal , or replacement of CONTRACTOR 's defective Work . - 37 00700 - General Conditions REV 04-07 .doc F:\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16tth7SOt(\Adm m\bid documents\00700 - General Conditions REV 04-07 . doc t u7�71'I7, 1 `777777777`1 It IV I I Y f " � s X, Tat ,s ' € ,�+ aw 7, . �z # " a .�.� t i� ^ "�s x d � : . :•? . �� _`� \ 3 . The amount of retainage with respect the Contract Documents ; or ( ii ) that there may to progress payments will be as stipulated in not be other matters or issues between the the Agreement . parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER B . Review of Applications to withhold payment to CONTRACTOR . 1 . ENGINEER will , within 10 days after 4 . Neither ENGINEER's review of receipt of each Application for Payment , either CONTRACTOR's Work for the purposes of indicate in writing a recommendation of recommending payments nor ENGINEER's payment and present the Application to recommendation of any payment , including final OWNER or return the Application to payment, will impose responsibility on CONTRACTOR indicating in writing ENGINEER to supervise , direct , or control the ENGINEER's reasons for refusing to Work or for the means , methods , techniques , recommend payment . In the latter case , Cl sequences , or procedures of construction , or TRACTOR may make the necessary the safety precautions and programs incident corrections and resubmit the Application , thereto , or for CONTRACTOR's failure to comply with Laws and Regulations applicable to 2 . ENGINEER's recommendation of CONTRACTOR's performance of the Work , any payment requested in an Application for Additionally, said review or recommendation will OA Payment will constitute a representation by not impose responsibility on ENGINEER to ENGINEER to OWNER, based on make any examination to ascertain how or for ENGINEER's observations on the Site of the what purposes CONTRACTOR has used the executed Work as an experienced and qualified moneys paid on account of the Contract Price , design professional and on ENGINEER Is or to determine that title to any of the Work , review of the Application for Payment and the materials , or equipment has passed to accompanying data and schedules , that to the OWNER free and clear of any Liens , best of ENGINEER's knowledge , information and belief: 5 . ENGINEER may refuse to recom - mend the whole or any part of any payment if, a . the Work has progressed to the point in ENGINEER's opinion , it would be incorrect to indicated ; make the representations to OWNER referred to in paragraph 14 . 02 . 6 . 2 . ENGINEER may b , the quality of the Work is generally in also refuse to recommend any such payment accordance with the Contract Documents or, because of subsequently discovered (subject to an evaluation of the Work as a evidence or the results of subsequent functioning whole prior to or upon inspections or tests , revise or revoke any such Substantial Completion , to the results of any payment recommendation previously made , to subsequent tests called for in the Contract such extent as may be necessary in Documents , to a final determination of ENGINEER's opinion to protect OWNER from quantities and classifications for Unit Price loss because : Work under paragraph 9 . 08 , and to any other qualifications stated in the a . the Work is defective , or completed recommendation ) ; and Work has been damaged , requiring correction or replacement ; c . The conditions precedent to CONTRACTOR's being entitled to such b . the Contract Price has been reduced payment appear to have been fulfilled in so by Written Amendment or Change Orders ; �j far as it is ENGINEER's responsibility to observe the Work . c . OWNER has been required to correct defective Work or complete Work in accor- 3 . By recommending any such dance with paragraph 13 . 09 ; or payment ENGINEER will not thereby be deemed to have represented that : ( i ) inspecd , ENGINEER has aGtUal knowledg - tions made to check the quality or the quantity of the Work as it has been performed have at8d iR paFagraph 15 , 02 been exhaustive , extended to every aspect of the Work in progress , or involved detailed C . Payment Becomes Due inspections of the Work beyond the responsi - bilities specifically assigned to ENGINEER in 00700 - General Conditions REV 04-07 .doc 00700 - 38 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 14 {{{ T' w , M°' b i„c yr. 1."} y . "t- y '4 Fz v+�"(S E".�+ v.;�,` < "U xa"'. y �+ . . ^'shA. _` ..sem h ,`" "'�,.., `fin s G. .;.s 14R •t _ "�{`i- 1^ a"FN- li 7z,�� +tea-.v`; n 2 rr�€" . • k� '`., '- r, , "�t` '` �` .. . - , �. . �. ., , , . ., 4 x . x I . f,... , . . K : . . . . . - . a . Ton rods of+or presentation of +ho 14 . 04 Substantial Completion €NI (�FERsFmmoRdation thG amount A . When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall due will be paid by OWNER to QQNITRAIGTQRnotify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items D . Reduction in Payment specifically listed by CONTRACTOR as incomplete ) and request that ENGINEER issue a certificate of 1 . OWNER may refuse to make Substantial Completion . Promptly thereafter , payment of the full amount recommended by OWNER , CONTRACTOR , and ENGINEER shall ENGINEER because : make an inspection of the Work to determine the status of completion . If ENGINEER does not consider a . claims have been made against the Work substantially complete , ENGINEER will OWNER on account of CONTRACTOR's notify CONTRACTOR in writing giving the reasons performance or furnishing of the Work ; therefore . It € N1r01N1F.= €Rsena,t.JA. .r6 —the %Awfark s thetaRtially romnlo+o ENGINEER will nronoro and b . Liens have been filed in connection with the Work , except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens ; 3ymeRt , OWNER shall have SeVGR days A c . there are other items entitling OWN - moLo ri++on 91 8.3+ ion +„ ENGINEER aS +o on„ ER to a set-off against the amount recommended ; or d . OWNER has actual knowledge of the GAIGIAICCR . ,ill wi+hiA 14 day6 after s lhmissinn of +ho occurrence of any of the events enumerated in paragraphs 14 . 02 . B . 5 . a through 14 . 02 . B . 5 . c or paragraph 15 . 02 . A. �� orA+ior, Af n!iAMF= R' ebJestiens , ENGIN €€ R ENGINEER � .�ill ��ithin ' 2 . If OWNER refuses to make payment €A�„-.�€�Z � � i�' 1-4�s�esute-ind of the full amount recommended by ENGINEER , OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld . OWNER shall promptlyQGFRpletiOR of the tentative Pf S; 1lhFA;; At* ;; I pay CONTRACTOR the amount so withheld , or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER 9s satisfaction the reasons for such action . , warranties Ma 3 . If it is subsequently determined that ��g6IaFaR+oohheat, Dass inl €REQ OWNER's refusal of payment was not justified , the amount wrongfully withheld shall be treated iAfArFNIGInI � GR ri+Rg r, ri m nr +n FNIQNICCR 's as an amount due as determined by paragraph 6661iRg the deflAwfiVA 14 . 02 . C . 1 . 14 . 03 CONTRACTOR 's Warranty of Title paya�er� A. CONTRACTOR warrants and guarantees B . OWNER shall have the right to exclude that title to all Work , materials , and equipment covered CONTRACTOR from the Site after the date of by any Application for Payment , whether incorporated Substantial Completion , but OWNER shall allow CON - in the Project or not , will pass to OWNER no later than TRACTOR reasonable access to complete or correct the time of payment free and clear of all Liens . items on the tentative list . 00700 - General Conditions REV 04-07 .doc 00700 - 39 FAPublic Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th Sl\Admim\bid documents\00700 - General Conditions REV 04-07 .doc t kill I to Ilk oil 41 oil lo I e I llto I it `A '" x <`+FF, i , ,r'"�, y` _,` ', , sw;;a.� „�'' . i; , ;°a -. ,. . �5., .. to ;2t tk., t s7 f .� ''':, `' ? .c x., r" .Fr r ..: ''o- " ' . ' , :u;,,.r �' or � : � , x x d , inspection with OWNER and CONTRACTOR and will 14 . 05 Partial Utilization notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is A . Use by OWNER at OWNER's option of any incomplete or defective . CONTRACTOR shall substantially completed part of the Work which has immediately take such measures as are necessary to specifically been identified in the Contract Documents , complete such Work or remedy such deficiencies , or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable 14 . 07 Final Payment part of the Work that can be used by OWNER for its intended purpose without significant interference with A . Application for Payment CONTRACTOR's performance of the remainder of the Work , may be accomplished prior to Substantial 1 . After CONTRACTOR has , in the Completion of all the Work subject to the following opinion of ENGINEER , satisfactorily completed conditions . all corrections identified during the final inspection and has delivered , in accordance 1 . OWNER at any time may request with the Contract Documents , all maintenance CONTRACTOR in writing to permit OWNER to and operating instructions , schedules , guaran- use any such part of the Work which OWNER tees , Bonds , certificates or other evidence of believes to be ready for its intended use and insurance certificates of inspection , marked -up substantially complete . If CONTRACTOR record documents (as provided in paragraph agrees that such part of the Work is 6 . 12 ) , and other documents , CONTRACTOR substantially complete , CONTRACTOR will may make application for final payment follow- certify to OWNER and ENGINEER that such ing the procedure for progress payments . part of the Work is substantially complete and request ENGINEER to issue a certificate of 2 . The final Application for Payment Substantial Completion for that part of the shall be accompanied (except as previously Work . CONTRACTOR at any time may notify delivered ) by: ( i ) all documentation called for in OWNER and ENGINEER in writing that the Contract Documents , including but not CONTRACTOR considers any such part of the limited to the evidence of insurance required by Work ready for its intended use and substan. subparagraph 5 . 04 . B . 7 ; ( ii ) consent of the tially complete and request ENGINEER to issue surety, if any, to final payment ; and ( iii ) a certificate of Substantial Completion for that complete and legally effective releases or part of the Work . Within a reasonable time waivers (satisfactory to OWNER) of all Lien after either such request , OWNER, rights arising out of or Liens filed in connection CONTRACTOR, and ENGINEER shall make with the Work . an inspection of that part of the Work to determine its status of completion . If 3 . In lieu of the releases or waivers of ENGINEER does not consider that part of the Liens specified in paragraph 14 . 07 .A. 2 and as Work to be substantially complete , ENGINEER approved by OWNER , CONTRACTOR may will notify OWNER and CONTRACTOR in furnish receipts or releases in full and an writing giving the reasons therefor . If affidavit of CONTRACTOR that : ( i ) the releases ENGINEER considers that part of the Work to and receipts include all labor, services , be substantially complete , the provisions of material , and equipment for which a Lien could paragraph 14 . 04 will apply with respect to be filed ; and ( ii ) all payrolls , material and certification of Substantial Completion of that equipment bills , and other indebtedness part of the Work and the division of connected with the Work for which OWNER or responsibility in respect thereof and access OWNER's property might in any way be thereto , responsible have been paid or otherwise satis- fied . If any Subcontractor or Supplier fails to 2 . No occupancy or separate operation furnish such a release or receipt in full , CON - of part of the Work may occur prior to TRACTOR may furnish a Bond or other compliance with the requirements of paragraph collateral satisfactory to OWNER to indemnify 5 . 10 regarding property insurance . OWNER against any Lien . 14 . 06 Final Inspection B . Review of Application and Acceptance A. Upon written notice from CONTRACTOR that 1 - If, on the basis of ENGINEER's the entire Work or an agreed portion thereof is observation of the Work during construction complete , ENGINEER will promptly make a final and final inspection , and ENGINEER 7s review 00700 - General Conditions REV 04-07 .doc 00700 - 40 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admir bid documents\00700 - General Conditions REV 04-07 .doc Mp� Ilk Yto to I oo of l Ito, Ile - r1 11 itoloo toto I11 d ! �. „ AI f -211 I , „ vv Fpp ' ` m L n ”; x -, c � r tom .,. ', 8u ;r fw1114 of the final Application for Payment and 1 , a waiver of all Claims by OWNER accompanying documentation as required by against CONTRACTOR , except Claims arising the Contract Documents , ENGINEER is from unsettled Liens , from defective Work satisfied that the Work has been completed appearing after final inspection pursuant to and CONTRACTOR's other obligations under paragraph 14 . 06 , from failure to comply with the the Contract Documents have been fulfilled , Contract Documents or the terms of any special ENGINEER will , within ten days after receipt of guarantees specified therein , or from the final Application for Payment , indicate in CONTRACTOR's continuing obligations under writing ENGINEER's recommendation of the Contract Documents ; and payment and present the Application for Payment to OWNER for payment . At the same 2 , a waiver of all Claims by CONTRAC - time ENGINEER will also give written notice to TOR against OWNER other than those OWNER and CONTRACTOR that the Work is previously made in writing which are still acceptable subject to the provisions of unsettled . paragraph 14 . 09 . Otherwise , ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment , in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment . 15 . 01 OWNER May Suspend Work C . Payment Becomes Due A. At any time and without cause , OWNER may suspend the Work or any portion thereof for a period 11 Thiq days after the PFG68Rtati9R tG of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . COW F8130MM Rded by ENGINEER we ! ! 131813191me due TRACTOR shall resume the Work on the date so and , When due , . all be paid by QVVNCR to fixed . 14 . 08 Final Completion Delayed as provided iR paragraph 10 . 05 , A. If, through no fault of CONTRACTOR , final completion of the Work is significantly delayed , and if 15 . 02 OWNER May Terminate for Cause ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER , and without terminat- following events will justify termination for cause : ing the Agreement, make payment of the balance due for that portion of the Work fully completed and 1 . CONTRACTOR's persistent failure accepted . If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents ( including , but not limited less than the retainage stipulated in the Agreement , to , failure to supply sufficient skilled workers or and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5 . 01 , the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2 . 07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6 . 04 ) ; by CONTRACTOR to ENGINEER with the Application for such payment . Such payment shall be made 2 . CONTRACTOR's disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment, except that it shall not constitute a waiver of jurisdiction ; Claims . 3 . CONTRACTOR's disregard of the 14 . 09 Waiver of Claims authority of ENGINEER; or A. The making and acceptance of final payment 4 . CONTRACTOR's violation in any will constitute : substantial way of any provisions of the Contract Documents . 00700 - General Conditions REV 04-07 . doc 00700 - 41 F :\Public Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th SMcmin- bid documents\00700 - General Conditions REV 04-07 . doc er Fr 17 ` . - TOLOAAFTLATTOOLLAT ALL LOT AT 7"AL r 7Ow AfO, =e. .y, . , a% �, , a �T . -� g kr w T s5x k f xry �'- 1-11 e z r, rc i1 AT A, ' n« x "' wcs #�"- '. ,A.IT �2 " v ` "'"r . . h .. .. % '*A` LI IT I IT I AT B . If one or more of the events identified in services and furnishing labor , materials , or paragraph 15 . 02 . A occur, OWNER may, after giving equipment as required by the Contract CONTRACTOR (and the surety, if any) seven days Documents in connection with uncompleted written notice , terminate the services of Work , plus fair and reasonable sums for CONTRACTOR , exclude CONTRACTOR from the overhead and profit on such expenses ; Site , and take possession of the Work and of all CONTRACTOR's tools , appliances , construction 3 , for all claims , costs , losses , and equipment , and machinery at the Site , and use the damages ( including but not limited to all fees same to the full extent they could be used by and charges of engineers , architects , attorneys , CONTRACTOR (without liability to CONTRACTOR for and other professionals and all court or trespass or conversion ) , incorporate in the Work all arbitration or other dispute resolution costs ) in,,,, materials and equipment stored at the Site or for curred in settlement of terminated contracts which OWNER has paid CONTRACTOR but which with Subcontractors , Suppliers , and others ; and are stored elsewhere , and finish the Work as OWNER may deem expedient . In such case , CONTRACTOR 4 , for reasonable expenses directly shall not be entitled to receive any further payment attributable to termination . until the Work is finished . If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and B . CONTRACTOR shall not be paid on account damages ( including but not limited to all fees and of loss of anticipated profits or revenue or other eco- charges of engineers , architects , attorneys , and other nomic loss arising out of or resulting from such professionals and all court or arbitration or other termination , dispute resolution costs ) sustained by OWNER arising out of or relating to completing the Work , such excess 15 . 04 CONTRACTOR May Stop Work or will be paid to CONTRACTOR . If such claims , costs , Terminate losses , and damages exceed such unpaid balance , CONTRACTOR shall pay the difference to OWNER. A. If, through no act or fault of CONTRACTOR, Such claims , costs , losses , and damages incurred by the Work is suspended for more than 90 consecutive OWNER will be reviewed by ENGINEER as to their days by OWNER or under an order of court or other reasonableness and , when so approved by public authority, or ENGINEER fails to act on any ENGINEER , incorporated in a Change Order. When Application for Payment within 30 days after it is exercising any rights or remedies under this submitted , n. r Q%AM1NIF.= R faaffiI6 for 30 days to pay CON. paragraph OWNER shall not be required to obtain the then lowest price for the Work performed . CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER C . Where CONTRACTOR's services have been or ENGINEER do not remedy such suspension or so terminated by OWNER , the termination will not failure within that time , terminate the Contract and affect any rights or remedies of OWNER against recover from OWNER payment on the same terms as CONTRACTOR then existing or which may thereafter provided in paragraph 15 . 03 . In lieu of terminating the accrue . Any retention or payment of moneys due Contract and without prejudice to any other right or CONTRACTOR by OWNER will not release CON - remedy, if ENGINEER. has failed to act on an TRACTOR from liability . Application for Payment within 30 days after it is submitted , or OWNER ha.6 failed for 30 day6 te pay 15 . 03 OWNER May Terminate For Convenience , CONTRACTOR may, seven days after written notice A . Upon seven days written notice to CON - to OWNER and ENGINEER, stop the Work until TRACTOR and ENGINEER, OWNER may, without payment is made of all such amounts due cause and without prejudice to any other right or CONTRACTOR, including interest thereon . The remedy of OWNER, elect to terminate the Contract , provisions of this paragraph 15 . 04 are not intended to In such case , CONTRACTOR shall be paid (without preclude CONTRACTOR from making a Claim under duplication of any items ) : paragraph 10 . 05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or 1 . for completed and acceptable Work damage directly attributable to CONTRACTOR's executed in accordance with the Contract stopping the Work as permitted by this paragraph . Documents prior to the effective date of termination , including fair and reasonable sums for overhead and profit on such Work ; 2 , for expenses sustained prior to the effective date of termination in performing 00700 - General Conditions REV 04-07 .doc 00700 - 42 F :\Public Works\ENGINEERING DIVISION PROJECTS\9B10B-66th Ave Ph 2 4th Sl to 16th StW,dmim\bid documents\00700 - General Conditions REV D4-07 -doc s 77'- a 1 11 1 a 11 1 %-1 F`i a T 4 1 a I I I P� 7W77"w7, :77"V`17m� I an I [r[f,C �' t, . ,. g.,S j, R k - 'M'�ry• A yY, , .`t t ,`�>.. ' $. "4 € ? . F -.'r-?3' °C L".' " § 'Tyr In 11 a an .. i"2 a `f--a IF S Xp`k' HS „ s+ 'iY ,''Rt- - ,* u'° . A _s. 11 . . , .,� , - .�- '; -; r- r , .,.x . ' ' k a all, � . , Fall , I m � z ..� ? ., rar . , - ARTICLE 16 - DISPUTE RESOLUTION accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract Documents , will survive final payment, completion , 16 . 01 Methods and Procedures and acceptance of the Work or termination or comple- tion of the Agreement . A. Dispute resolution methods and procedures , if any, shall be as set forth in the Supplementary 17 . 05 Controlling Law Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 A. This Contract is to be governed by the law of the and 10 . 05 , OWNER and CONTRACTOR may state in which the Project is located , exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute . i ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice , it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known to the giver of the notice . 17 . 02 Computation of Times A. When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and include the last day of such period . If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction , such day will be omitted from the computation . 17 . 03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avaik able hereunder to the parties hereto are in addition to , and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee , or by other provisions of the Contract Documents , and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation , right, and remedy to which they apply. 17 . 04 Survival of Obligations A. All representations , indemnifications , warran - ties , and guarantees made in , required by, or given in 00700 - General Conditions REV 04-07 .doc 00700 - 43 F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th Sl to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 .doc an ewf 'I Fan I� I In Ink I In 11 n ne ed III a - Y'F.� 'i nz" 'a ` '� .,y "t3� a rrn v" '^" ,.^�'^ a i , h` ak } _ d ...°v , d aI I I r„ r 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 — 2006 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 r Test and Inspections SC — 13 . 03 Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 Arbitration SC — 16 . 03 Liens SC — 17 . 06 00800- i 00800 - Supplementary Conditions 06-09 rev . doc 00800 IF :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc F i ' _ In I I II% In I I I I, I I _ In I "Milk 41 1 1 14 IN r $$' ^� ".'.+ .* ^s , S i tnNN ;,NUN t -,.,. . qtr+ c °fi hMk, . r � k ,2�q "' 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 NJ SC - 1 . 01 . A. 20 . Add the following language to the end of GC 1001 OA020 ENGINEER' s Consultant : Carter Associates , Inc . 1701 21s' Street Vero Beach , FI . 32960 Phone : ( 772 ) 5624191 Fax : (772 ) 562-7180 SC -1 . 02 Terminology SC - 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC4 . 02. D. 111 2, and 3 in their entirety and insert the following paragraphs in their place : D . Furnish, Install, Perform, Provide 1 . The word "furnish " shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install " shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform " or " provide " shall mean to furnish and install services , materials , or equipment complete and ready for intended use . SC -2 . 05 Before Starting Construction SC -2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place : C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 , SC -2 . 06 Preconstruction Conference 00800- 1 00800 - Supplementary Conditions 06-09 rev . doc 00800 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev .doc IN I NN, 777 R x. I- „ . C.. k t u+: k.xr,.< ;+..r . 1,yp, ? r` 1 - A" . e b ^`� `�` •y' '.*' . � �.'. #, ` v w 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 t 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 yL 8 . Referenced Standards , Be Written/computed dimensions shall govern over scaled dimensions . SC -4 . 02 Subsurface and Physical Conditions SC -4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER' s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : Roadway Soil Survey — Roadway Improvements to 66th Avenue from 4th Street to 16th Street . t , D . Reports and drawings itemized in SC-4 . 02 . 0 are not included with the Bidding f Documents . Copies may be examined at Indian River County Administration Building , Public Works , 1801 27th Street , Vero Beach , FL 32960 during t regular business hours . These reports and drawings are not part of the Contract Documents . SC -5 . 01 Performance , Payment and Other Bonds SC-5 . 01 . A. Delete paragraph GC-5. 01 . A in its entirety and insert the following paragraphs in its place : Within ten ( 10 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100 % of the Contract Price . t 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 00800-2 00800 - Supplementary Conditions 06-09 rev . doc 00800 2F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th StWdminI bid documents\00800 - Supplementary Conditions 06-09 E rev .doc I ELI RIM ILE EL t 1 2o- tI ILI t x sar,.fxT,• F pA ` µ "v", " .,q ,i "n r ,X x .M 4 ' dp'"vS I,: ) tyf: �'4, } `u••y,— , ' ,5`;; �s5 vfY.` I ." .:,. 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. x, 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: ir a . Premises/Operations b . Products/Completed Operations C , Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for : a . Owner Autos b . Hired Autos C , Non -Owned Autos . i 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 : 00800-3 00800 - Supplementary Conditions 06-09 rev . doc 00800 3F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 E , rev.doc v c3 5 ,.,+' ti �?i +3x el ," '�..' �; s. .xt % 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 CONTRACTORS liability insurance policies : a . NONE b . Co 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 , I Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER' s Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder' s Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , 00800-4 00800 - Supplementary Conditions 06-09 rev . doc 00800 4F :\Public Works\ENGINEE RING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc is u x 7 *, AA It fu 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 ) ; 4m 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 50 allow for partial utilization of the Work by OWNER ; 6 , include testing and startup ; and 7 , be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to ( each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self- insured retention . It 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 : 71 a . Indian River County , Florida b . Indian River Farms Water Control District C , SC -5 . 07 Waiver of Rights SC-5 . 07 Delete GC-5. 07 (paragraphs A , B, and C) in its entirety. SC -5 . 08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. SC-5 . 09 Delete GC-5. 09(paragraph A) in its entirety. SC -6 . 02 Labors Working Hours SC-6 . 02 . B . Add the following paragraphs immediately after paragraph GC- 6. 02. B : 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year' s Day , Good Friday , Memorial Day , Independence Day , Labor Day , Veterans Day , Thanksgiving Day , Friday after 00800-5 00800 - Supplementary Conditions 06-09 rev. doc 00800 5F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc Eli 7777 ,7 79" 7 7W IL It tI < ..e. ie s te 14 Fell %Ill q IF IF ie Ll IF Fee I— IF vIF t'" . ; ', . ' dry N ro �� . , " .rr" ✓ ' ?z t - d > •u , �" & * .. rYsk' . .0 " 4: . Ii IF` 4 ' �; ,L % s 4 a ;r 'S`' 2w, e r. _ „ r "IF . Thanksgiving , Christmas Eve and Christmas Day . Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3 , The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week , even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER Is employees and costs of ENGINEER' s Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m , except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others Ile IF SC-6 . 06 . C . Add the following sentence at the end of paragraph GC- 6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier , or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity . SC -6 . 08 Permits SC-6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : 1 . The OWNER has obtained the following permits (copies of these permits are contained in Appendix "Fil A . St Johns River Water Management District - Permit no . 40-061 ,,69244-3 B . Indian River Farms Water Control District — Permit no . XX-XX C . Florida Department of Transportation — Permit no . XXXXXXX D . U S Department of the Army Corps of Engineers Permit no . NW XXX 2 . The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER . 3 . The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . 00800-6 00800 - Supplementary Conditions 06-09 111 00800 6F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc le INI IN INa '� INa a t a'IV IN, � IN r IIN,-t, ?r „ * f. . #,�"x, 5 . .ai'F �' : . ' . i =i .; ` h ^s, "?, `�„„, r t w { IN s , , : oN g SC - 13 . 03 Test and Inspections SC- 13 . 03 . 13 . Delete the first sentence of paragraph GC43. 03. 8 in its entirety, and insert the following sentences in its place : B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below . Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below ; 26 costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 , tests otherwise specifically provided in the Contract Documents , IN IN 13 . 05 OWNER May Stop the Work SC- 13 . 05 . A . Delete paragraph GC- 13. 05.A in its entirety and insert the following paragraph in its place : A . If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment , or fails to comply with permit requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work , or any portion thereof, until the cause for such order has been eliminated ; however , this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR , any Subcontractor , any Supplier, any other individual or entity , or any surety for, or employee or agent of any of them . 14 . 02 Progress Payments SC- 14 . 02 . 13 . 5 . Delete paragraph GC- 14 . 02. B. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A; or SC- 14 . 02 . 13 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 6 . 5: e . OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f . OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . 00800-7 00800 - supplementary Conditions 06-09 rev . doc 00800 7F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc 7777 ' , 51 E 7 771 ll t A. A. _ 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 ) (a ) (2005 ) , upon receipt of the tentative certificate of Substantial Completion from Engineer , the Owner , the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete , satisfactory , and acceptable under this Agreement ( herein the " Statutory List" ) . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion . The Owner and Contractor acknowledge and agree that : 1 ) the failure to include any corrective work , or pending items that are not yet completed , on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement ; 2 ) upon completion of all items on the Statutory List , the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement ; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement . After receipt of the Statutory List by the Contractor , the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project . " SC- 14 . 04B Add the following new paragraph immediately after paragraph GC 14 . 048: C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security , operation , safety , and protection of the Work , maintenance , heat , utilities , insurance , and warranties and guarantees SC - 14 . 07 Final Payment SC- 14 . 07 . C . 1 . Delete paragraph GC44. 07. C. 1 in its entirety and insert the following paragraph in its place : Co 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 . 00800-8 00800 - Supplementary Conditions 06-09 rev . doc 00800 8F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc `V77s7"`77"RWM `Tr"W�7 A, "1777777"7r77' l777 e F1 % ` S , . vL V, ro vr .. m . ter _ fa . . , V, x -. . .� c % , Il _ . , 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: fee5 . 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 : er OWNER fails fer 30 days to pay CONTRACTOR aRY SUM fiRally determiRed te be duel ell SC- 15 ^ 04 Delete the following text from the second sentence of paragraph GC- 15. 04 . A : d� SC -16 DISPUTE RESOLUTION SC - 16 . 02 Mediation SC- 16 Add the following new paragraph immediately after paragraph GC46. 01 SC- 16 . 02 Mediation A . OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties , Themediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed , t 00800-9 00800 - Supplementary Conditions 06-09 rev. doc 00800 9F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th Sl\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc 4Ice I - m I Ile eel 7we le SC - 17 Miscellaneous Add the following new paragraphs immediately after paragraph GC 17. 05: SC- 17 . 06 Liens A . This project is a " Public Works" under Chapter 255 , Florida Statutes . No merchant' s liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract . The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor , materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR' S Name ) and to ( CONTRACTOR Surety Company Name ) , pursuant to Chapter 255 of the Florida Statutes This paragraph shall be inserted in every sub - subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit- claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . + + END OF SUPPLEMENTARY CONDITIONS + + 00800- 10 00800 - Supplementary Conditions 06-09 rev . doc 00800 10F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc IrIf II ' if y le 8 3 ,� va s °} IfIr a f If -- , ,, qq SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No . 2012032 Project : 66 Avenue Roadway Improvements — Phase 2 (4`h Street to 16`h Street ) Project No . 9810 - B ENGINEER Indian River County You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order: Attachments : ( List documents supporting change ) ,x CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time : (days or dates ) Substantial Completion : Final Completion : Net Increase ( Decrease ) from $ Net change from previous Change previous Change Orders No . Orders No . to (days ) to Substantial Completion : Final Completion : Contract Price prior to this $ Contract Time prior to this Change Change Order : Order : (days or dates ) Substantial Completion : Final Completion : Net increase (decrease ) of this $ Net increase ( decrease ) this Change Order : Change Order : (days or dates ) Substantial Completion : Final Com letion : Contract Price with all approved $ Contract Time with all approved Change Orders : Change Orders : (days or dates ) Substantial Completion : Final Completion : ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR (Signature ) ENGINEER (Signature ) OWNER ( Signature ) Date : Date : Date : 00942 - Change Order Form REV 04-07 . doc 00942 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00942 - Change Order Form REV 04-07 .doc Rev. 05/01 If I If f If IrifJ t. . . . , . . , . , . . . .. > . i e vNI . st*^�s`' s .tib, . '� «,, ;D.�_ .i s fi ':e z '� r„ , t-, flr. ,,,, _,f fi , , . ka �`+ k 3 .-� k3+ ,:;� slr rIF SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No . 2012032 Project : 66 Roadway Improvements Phase 2 ( 4th Street to 16th Street ) Project No . 9810 - B ENGINEER : Indian River County Field Activity Description : Reason for Change : Recommended Disposition : Field Operations Officer / Engineer ( Signature ) Date Disposition : Contractor' s Onsite Supervisor ( Signature ) Date Distribution : Field Operations Officer Others as Required : On -site Supervisor Project File * * END OF SECTION 00946 - Field Order Form REV 04-07 . doc F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00946 - Field Order Form REV 04-07 . doc I? re i, L eve el+ „ w d µ � :. h. aeacv ..2 . 3�, '• xt :: �L ,i a' ,, ll v ; a, +., � i� n . .ro x' *+ - .�.s: , r ,. SECTION 00948 - Work Change Directive No . EFFECTIVE DATE : DATE OF ISSUANCE : OWNER : Indian River County CONTRACTOR : Bid No . : 2012032 Project : 6Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) Project No . 9810- B ENGINEER : Indian River County You are directed to proceed promptly with the following changes : Description : Purpose of Work Change Directive : Attachments : ( List documents supporting change ) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents . Method of determining change in Method of determining change in Contract Prices : Contract Times II Unit Prices ❑ Contractor' s Records II Lump Sum II Engineer's Records F Other : IIOther : II By Change Order : II By Change Order : Estimated increase (decrease ) in Contract Price : Estimated increase ( decrease ) in Contract Times : $ Substantial Completion : days ; Ready for Final Completion : days . If the change involves an increase , the estimated If the change involves an increase , the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature ) Date : Date : Date : * * END OF SECTION F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00948 - Work Change Directive REV 04-07 . doc ell y a e. If k el fe DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO . SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS , PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 24th St to 16th St\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 . Be Furnish sufficient labor , construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC - 6 . 02 . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : 4550 41St Street , at the CONTRACTOR ' s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR' s expense . D . In addition to these Specifications all work must comply with the requirements of the local governing agency , St . Johns River Water Management District , Department of Environmental Protection , Corps of Engineers , Indian River Farms Water Control District , and all other applicable State or Federal agencies ' specifications and permits . In the event of a conflict , the more stringent specification or requirement shall govern . E . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate owner ten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the work site . 01009 - 1 01009-Special Provisions F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01009 - Special Provisions . doc iv I k1 4 IN 41 16 rr i `t11 r IN I IN 1 11t 1 , " .;+. y' r �b .. , r;' ,,: s�rS^" , ' + =-rix _ S ,x.y nza & 3, - x 4" x,.� ;(.iIr d tat , F"` , AN `amu ,� ., , e v 'M' NIN% s? ;± ° '"t ' ,". �,: i .. I IN I If SECTION 01024 FORCE ACCOUNT 1 . 1 General CONTRACTOR shall furnish all labor , materials , equipment and incidentals necessary to perform additional work not covered on the Contract Drawings . The force Account is intended as a contingency for unforeseen work . 11 1 PAYMENT A . Lump sum amount for force account work is included in the bid schedule . The value of force account work will be determined in accordance with Article 12 of the General Conditions . i + + END OF SECTION + + 01024- 1 F :APublic Works\ENGINEERING DIVISION PROJECTS\9810B -66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01024 - Force Account. doc IN fe If IN IN % b! IN , IN- 0, e $1W, ANN CAIN A —,ACANNY Ile V, AN A AN A, 11 ICA% A AN IN, 'All A I MAIN- A A,- A AN CAN a , eP %I�, IN A� " Al A A A A A, ,%A A ell , A SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor . B . Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . AN 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 i 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 IC 49 work by the CONTRACTOR shall be held as the CONTRACTOR' s acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . 1050 - 1 01050 Field Engineering F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th StWdmim\bid documents\01050 - Field Engineering .doc PAN AN Ir r Ir 11 Ir 15 1 Iq r1 It III *, > y , s rr . a.k >, , . ,t .f7 . . , { ,� e M �IwT161 , ,. 16 1 ' ixt . $� , 71 1 IT IT 1 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 5J of FDOT Standard Specifications . + + END OF SECTION + + 1050-2 01050 Field Engineering F :\Public Works\ENGINEERING DIVISION PROJ ECTS\981 013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01050 - Field Engineering .doc -r 1 777777I VLIl , rrIIz 7T7Nw LI Ir 71 e Ile 4 ,. 1 ,771- le 14 !kA, lei 1% el w ? s * � t'; o M- PzI Ile eeoil _ SECTION 01091 REFERENCE STANDARDS 1 . 1 GENERAL A . Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization or body , it shall be construed to mean the latest standard , code , specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or when applicable laws , ordinances , rules , regulations or codes establish stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full . B . Reference to a technical society , organization , or body may be made in the Specifications by abbreviations , in accordance with the following list : el AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01091 - Reference Standards . doe le elg _ 1 %111 el elem Ir e lee" Ile L5 I le ej F bIle , tI Ile le 1 41 IN INI � � -� ,+, . Vis;. s .r „, . a t ,,. , '� . ,^. , . .;_ : g , '� , NNIN,IRV . � ,. am .� . n � , NN N 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 IN NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/ DOT Florida Department of Transportation U . L . , Inc . Underwriter' s Laboratories , Inc . SSPC Steel Structures Painting Council SJRWMD St . Johns River Water Management District C . When no reference is made to a code , standard or specification , the standard specifications of ASTM , FDOT , or ANSI shall govern . D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevails . + + END OF SECTION + + 01091 -2 01091 Reference Standards \Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01091 - Reference Standards . doc F: 77777 IN IN INN, I IN �.. t . ks« avItIt „ . . rk%o 111 11 1 R. SECTION 01215 GENERAL QUALITY CONTROL 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Specific quality control requirements for the work are indicated throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term " Quality Control " includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A . Residual OWNER Responsibility : The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests . B . CONTRACTORS General Responsibility : No failure of test agencies , whether engaged by the OWNER or CONTRACTOR , to perform adequate inspections of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR , OWNER , ENGINEER , and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work . The program is not intended to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . 1 . 3 QUALITY ASSURANCE A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre -qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . 1 . 4 PRODUCT DELIVERY- STORAGE - HANDLING Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses ( and resulting delays ) , thereby ensuring highest quality results as the performance of the work progresses . Control delivery schedules so as to minimize unnecessary long -term 01215- 1 01215 General Quality Control F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01215 General Quality.doc 677 tl ell , le , III It I` F i AFF I IF 0 1 . ., ; .< t .i w 3;E t xc `� ' I 1 F IF IF storage at the project site prior to installation . 1 . 5 PROJECT PHOTOGRAPHS/VIDEOS A . The CONTRACTOR shall make provisions , at his expense , for photographs and video tapes of all work areas just prior to construction , and for unusual conditions during construction . The photographs and videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . Be Pre- Construction Photographs and Video : 1 . Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction . These photographs and videos shall be a standard DVD format and shall be narrated . 2 . The photographs and video shall include , but not be limited to , the following items shown in a clear manner : 1 ) All existing features within the right-of-way . 2 ) All existing features within the temporary construction easement . 3 ) All existing features within permanent easements . 4 ) All existing features adjacent to any construction . 3 . Detail of the photographs and video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . 2 ) Condition of fencing . 3 ) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7 ) Conditions of lighting and associated wiring . 8 ) Significant detail of any pre-existing damages physical features shall be shown . The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers . 9 ) These photographs and video record shall be presented to the Owner within 30 days of the Notice to Proceed . A copy shall be kept in the Contractor' s field office . 10 ) Payment — No additional payment will be made for this work . + + END OF SECTION + + 01215-2 01215 General Quality Control F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01215 General Quality.doc IN , F IF Ikr IV A Nee IN ( m �� `" h y e .f 3r, � r '"�`�' Sa ,S & � � t bkF rIIJ, . ;X tr'o't_. -�'iTV I _ SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . B . Place : CONTRACTOR' S office at Project site or other mutually agreed upon location . Co ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR B . SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER D . OWNER' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders . 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off-site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220 - 1 01220 Progress Meetings F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 24th St to 16th St\Admim\bid documents\01220 - Progress Meetings . doc lk ppAn M. A a _ ' _ SECTION 01310 A In CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR' s schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised ( updated ) progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . B . Show changes occurring since the previous submission listing : 1 . Major changes in scope . 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes , C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt . If required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for payment . 01310- 1 01310 Construction Schedule F :\PublicWorks\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01310 - Construction Schedule . doc An t ' t - , . , < _ AI AV 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions ( updated ) to : 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies ) . 5 . ENGINEER B . In the cover letter , instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . s; + + END OF SECTION + + 01310-2 01310 Construction Schedule F :\PublicWorks\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 24th St to 16th St\Admim\bid documents\01310 - Construction Schedule . doc , r , IF v � � n , �. h 01340 — Submittal of Shop Drawings 1 . 1 SCOPE A . Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Article 6 . 17 of the General Conditions , Section 00700 , and as described in this Section . 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor , supplier , or distributor , which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Article 6 . 17 , Section 00700 . B . Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings . 1 . 3 PRODUCT DATA A . Product data are manufacturer' s standard schematic drawings and manufacturer's catalog sheets , brochures , diagrams , schedules , performance charts , illustrations , and other standard descriptive data . Product data are further defined in Article 6 . 17 , Section 00700 . B . Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project . Co Clearly mark catalog sheets , brochures , etc . , to identify pertinent materials , products , or models . 1 . 4 SAMPLES Samples are physical examples to illustrate materials , equipment , or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Article 6 . 17 , Section 00700 . 01340 - Submittal of Shop Drawings . doc 01340- 1 F:\PubhcWorks\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01340 - Submittal of Shop Drawings . doc i a Et Id V11 9 el 01340 — Submittal of Shop Drawings 1 . 5 CONTRACTOR' S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . The CONTRACTOR' s responsibilities for submittal of shop drawings , product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . B . Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work . Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means , methods , techniques , sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTOR' s responsibility . 1 . It is CONTRACTOR' S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents . 2 . Incomplete or inadequate submittals will be returned for revision without review . C . The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER' s review of submittals . The CONTRACTOR shall approve the shop drawings based on his in -the-field measurements , prior to submittal to the ENGINEER for his review . D . Notify the ENGINEER , in writing at the time of submission , of deviations in submittals from the requirements of the Contract Documents . The CONTRACTOR' s responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER' s review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER' s stamp and initials or signature indicating the submittal has been reviewed . 01340 - Submittal of Shop Drawings . doc 01340-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01340 - Submittal of Shop Drawings. doc 77 71OW77 '%I r 9711 lId 11 , 1114 1 Am Z4 I 01340 — Submittal of Shop Drawings 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER' S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Engineering Division 1801 27th Street Vero Beach , FL 32960 Be A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER ' S Name 2 . Project Name 3 . Contract Number 4 . Transmittal Number 5 . Section Number D . All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings . doc 01340-3 F : \PublicWorks\ENGINEERING DIVISION PROJECTS\98106 -66th Ave Ph 24th St to 16th SMdmim\bid documents\01340 - Submittal of Shop Drawings . doc 1 ' 11 It t le I 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO . Contractor : Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re- Submittal Project Name : 66th Avenue Roadway Improvements — Phase II ( 4Th St . to 16th St . ) Project No . : 9810- 13 ❑ Shop Drawing ❑ Cut Sheet ❑ Other . Description : Sub - Contractor : Remarks : Reviewing Aqencv : (As checked below ) Date Received Date Returned No . Copies Ret ' d ❑ I R C Engineering Div . ❑ I R C Utilities Services Remarks : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No . Copies Ret'd Vero Beach , FI . 32960 Remarks : Distribution of Copies : IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings . doc 01340-4 F:\PubIicWorks\ENGlNEERlNG DIVISION PROJECTS\9810B-66th Ave Ph 24th St to 16th St\Admim\bid documents\01340 - Submittal of Shop Drawings . doc Ilk ILL ILL I 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 11 LIN CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix " B " for the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six ( 6 ) copies of all submittals that are on 11 - inch by 171mminch or smaller sheets ( no less than 8 1 /2 - inch x If 11 - inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 - inch by 17 - inch . H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations . 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 . Not Approved I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected ' . Three ( 3 ) prints or copies of the submittal will be returned to CONTRACTOR . J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order, ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . K . If a Shop Drawing marked "Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit . " L . If a submittal is unacceptable , three ( 3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . " Revise and Resubmit" 2 . " Not Approved " 01340 - Submittal of Shop Drawings . doc 01340-5 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 24th St to 16th St\Admim\bid documents\01340 - Submittal of Shop Drawings. doc _ ILL, ILL 4 01340 — Submittal of Shop Drawings M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. p . ENGINEER will review and process all submittals promptly , but a reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved Shop Drawings to CONTRACTOR . Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other items requiring approval , will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER' S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR . + + END OF SECTION + + 01340 - Submittal of Shop Drawings . doc 01340-6 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\9810B -66th Ave Ph 24th St to 16th St\Admim\bid documents\01340 - Submittal of Shop Drawings . doc WWI Win inin in in I In in e I in in Ann I In SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . In B . All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses , etc . , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all temporary water lines . 01520 - 1 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01520 - Construction Facilities . doc in F MW s 'IT Te IT iTe ITT eel , lle Ile, IT Y- 1 '41nee SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B . TEMPORARY SANITARY FACILITIES t 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\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01520 - Construction Facilities .doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . B . In order to prevent damage , injury or loss , CONTRACTOR' S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly , safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather , theft , breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment , except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway , right-of-way , or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work . CONTRACTOR Is responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 01541 - 1 F :\Pub1icWorks\ENGINEERING DIVISION PROJECTS\981013 -66th Ave Ph 2 4th St to 16th St\Admim \bid documents\01541 - Protection of Property. doc XV 11 1 IV SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . B . Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run -off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality . I . Coordinate Work in this Section with requirements of other sections herein . 1 . 4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2 ) days . Irrigation systems partially within the right-of-way of 66th Avenue and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality . The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way . 01541 -2 F :\Pub1icWorks\ ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\01541 - Protection of Property. doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer, water, gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water, sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR Is failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR ' s operations in the vicinity of existing utilities or structures nor for temporary or a ry bracing and shoring of same . If It Is necessary to shore , brace , or swing a utility , contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/ restore utility service to the satisfaction of the appropriate utility . Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , the CONTRACTOR shall notify the owner or occupant , both before the interruption (24 - hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR shall obtain permission from their owner , or shall make suitable arrangement for their disconnection by their owner. 01541 -3 F : \Pub1icWorks\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\01541 - Protection of Property. doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , restore it to original condition at CONTRACTOR ' s expense . 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the Work , which shall be paid for under the provisions of Article 11 of the General Conditions , B . Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any extension below the surface . Surface structures include , but are not limited to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs , markers , curbs , walks and all other 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 . 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 . 015414 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106 -66th Ave Ph 2 4th St to 16th St\Admim \bid documents\01541 - Protection of Property. doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY m6,MMMMM DAMAGE TO EXISTING STRUCTURES AND UTILITIES A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may be encountered , whether or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed , however, and it shall be this CONTRACTOR ' s responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . x 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 + + PROJECTS\98108 -66th Ave Ph 24th St to 16th St0\Admim \bid docu enbts\0 541 - P o elct on o P opeq, doc Ilk : I SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 1 . 1 GENERAL A . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions . Be Prevent interference with traffic and the OWNER ' s operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . Be All trucks carrying earth shall be covered while moving with an appropriatekL 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 P\ Pi ihlir \A/ nrkc\ FNrINFFRINrn nI\/ IRI (1N PPr ). 1Pr.TC\ 0A1nR--RRt50u1 Ph 9 Ath .Qt to 1Rth -gAArimim\ hirl rinni imontc\n155n _ grnPcc Rnarfic rinr SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER ' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly . G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 01610 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01610 - Transportation and Handling of Materials and Equipment. doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging . Be Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended mended 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 + + s 01610 -2 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work including udin proper g p per protection against damage b extreme temperatures and moisture . Y E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th StWdmim\bid documents\01611 - Storage of Materials . doc IWJWA SECTION 01630 SUBSTITUTIONS 1 . 1 GENERAL A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , " Substitutes and Or- Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents . 1 . 2 CONTRACTOR' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer , fabricator, supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . Be For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating "or equivalent , " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR' 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 . Be Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 05 of General Conditions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer's name and address . b . Manufacturer's literature with product description , performance and test data , and reference standards . 01630- 1 01630 Substitutions F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01630 - Substitutions . doc ; NEW c . Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods ( if specified ) . a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method specified . C . In making Request for Substitution , CONTRACTOR represents that : 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer , or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents . 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product , manufacturer, or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 3 . If the substitution will not require a more extensive review , Engineer will proceed with the review without additional cost to CONTRACTOR . 01630-2 01630 Substitutions F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01630 - Substitutions . doc 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR ' s expense additional data about the proposed substitute . H . Any redesign of structural members shall be performed by , and the plans signed and sealed by , a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR 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 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\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\01630 - Substitutions . doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor, equipment , appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR 's operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project , unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway , roadside , and landscaping work within any right-of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup F: \PubIicWorks\ ENGINEERING DIVISION PROJECTS\98106-66th Ave h 204th St to 16th St\Admim\bid documents\01710 - Site Cleanup . doc G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and /or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + u 1: 01710 Site Cleanup -66th Ave h 204th St to 16th St\Admim\bid documents\01710 - Site Cleanup. doc F:\Public Works\ENGINEERING DIVISION PROJECTS\98106 SECTION 01820 Post Final Inspection 1 . 1 GENERAL A . Approximately one year after Substantial Completion , the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection . B . Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13 , General Conditions . C . After the inspection , the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds . 001820 - Post Final Inspection . doc 001820 - 1 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\001820 - Post Final Inspection . doc x MW rz DIVISION 2 TECHNICAL PROVISIONS SECTION NO , 00001 Technical Specifications SECTION NO , 00004 Scope of Work SECTION NO . 00101 Mobilization SECTION NO . 00102 Maintenance of Traffic SECTION NO , 00104 Erosion and Water Pollution Control SECTION NO . 00108 Record Drawings/As- Built Drawings SECTION NO , 00109 Field Office SECTION NO , 00110 Clearing and Grubbing SECTION NO , 00120 Excavation and Embankment SECTION NO , 00160 Stabilization SECTION NO , 00285 Cemented Coquina Shell Base SECTION NO . 00327 Milling of Existing Asphalt Pavement SECTION NO , 00334 Superpave Asphaltic Concrete SECTION NO , 00339 Miscellaneous Asphalt Pavement SECTION NO , 00350 Concrete Pavement SECTION NO , 00400 Concrete Structures SECTION NO , 00425 Inlets , Manholes & Junction Boxes SECTION NO , 00430 Pipe Culverts and Storm Sewers SECTION NO , 00440 Underdrain SECTION NO , 00460 Aluminum Handrail SECTION NO , 00520 Concrete Curb & Gutter SECTION NO , 00522 Concrete Sidewalk SECTION NO , 00570 Performance Turf SECTION NO , 00700 Signing and Pavement Markings SECTION NO , 01000 Water and Sewer Utilities SECTION NO , 02670 Flushing , Testing and Disinfecting F : \Public Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08 . doc SECTION - 1 - Technical Specifications STANDARD SPECIFICATIONS A . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2010 , and Supplemental Specification , Special Provisions and addenda thereto , except as modified and supplemented hereinafter. Reference to Article numbers herein - after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc , may refer to the " Owner" , " Department" , " State of Florida Department of Transportation " , or words relating to offices of State Government , such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word " Owner' s Engineer" , " District Engineer" , " Engineer" , " Project Engineer" , etc . , appears , it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department , Engineering Division acting directly or through duly authorized representatives . Wherever the word " Resident Engineer" appears , it shall be taken to mean an authorized representative of the Owner's Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County , assigned to observe the progress quantity and quality of the work . The work to be performed per sheet Bid item 1643 -700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of Utility Services , Water, Wastewater, Utility Standards Dated September 2011 . The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings , Signing & Geometrics Dated July , 2011 . SECTION - 4- SCOPE OF WORK Section 4 -3 . 9 Value Engineering Incentive is deleted in its entirety . SECTION — 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . (2010 Edition ) Utility relocations will be necessary for this project . Once the clearing and grubbing is complete and the roadway is deemed ready for utility relocations by the Engineer , the utility companies ( FPL , ATT , Comcast , Etc . ) will be given a utility window , not to exceed 90 days , to complete all relocations . Since the utility companies will be given precedence of the right-of-way to complete their work , the Contractor may continue working , as long as it does not hinder the utility relocation work . Additional mobilization or de- mobilization may be required by the Contractor due to this utility relocation window , and shall be included in the cost of Mobilization . 01025- 1 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc SECTION — 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 Edition ) , except as modified herein . A . GENERAL PROVISIONS- DESCRIPTION : The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period , including any temporary suspensions of the work . It shall include the construction and maintenance of any necessary detour facilities ; the providing of necessary facilities for access to residences , businesses , etc . , along the project ; the furnishing , installing and maintaining of traffic control and safety devices during construction , the control of dust through the use of calcium chloride if necessary , and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans . The term , Maintenance of Traffic , as used herein , shall include all of such facilities , devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . B . BEGINNING DATE OF CONTRACTOR ' S RESPONSIBILITY : The Contractorshall present his Maintenance of Traffic Plan at the pre-construction conference . The Maintenance of Traffic Plan shall indicate the type and location of all signs , lights , barricades , striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen . The plan will indicate conditions and setups for each phase of the Contractor' s activities . When the project plans include or specify a specific Maintenance of Traffic Plan , alternate proposals will be considered when they are found to be equal to or better than the plan specified . In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer . Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing . Except in an emergency , no changes to the approved plan will be allowed until approval to change such plan has been received . The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic . The Contractor shall be responsible for performing daily inspections , including weekends and holidays , with some inspections at nighttime , of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection . The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary . 01025-2 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc - STANDARDS : The FDOT Design Standards For Design , C . TRAFFIC CONTROL Construction Maintenance and Utility Operations On The State Highway System , Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design , application , installation , maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits . The standards established in the aforementioned manual constitute the minimum requirements for normal conditions , and additional traffic control devices warning devices , barriers or other safety devices will be required where unusual , complex or particularly hazardous conditions exist . The above referenced standards were developed using F . H . W . A . , U . S . D . O . T . Manual on Uniform Traffic Control Devices ( MUTCD ) . D . TRAFFIC CONTROL DEVICES WARNING DEVICES AND BARRIERS - INSTALLATION : The responsibility for installation and maintenance of adequate traffic control devices , warning devices and barriers , for the protection of the travel in public and workmen , as well as to safeguard the work area in general shall rest with the Contractor . Consideration shall be given to recommendations of the Engineer . The required traffic control devices , warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re- routing of traffic . The Contractor shall immediately remove , turn or cover any devices or barriers which do not apply to existing conditions . All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged . Damaged devices diminishing legibility and recognition , during either night or day conditions , are not acceptable for use . E . NO WAIVER OF LIABILITY : The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article , and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety . F . Contractor' s Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 66th Avenue at all times . The Contractor shall maintain one lane of traffic at all times during 66th Avenue cross drain culvert constructions . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 102 - 1 - Maintenance of Traffic - Lump Sum Bid Item No . 102 - 14 — Traffic Control Officer ( Off Duty Law Enforcement) — Man Hours Bid Item No . 102 -99 — Changeable Variable Message Sign — Per Day 01025-3 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc SECTION — 104 - EROSION CONTROL AND TREATMENT OFTE WATERING WATER AND STORMWATER FROM THE CONSTRUCTION SI PART 1 — GENERAL 1 . 1 SCOPE A . This Section covers erosion control and the treatment of dewatering The ut oater and control stormwater runoff from the construction site and work area , poll measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area , to undeveloped portions of the site or off-site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area . C . The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project' s construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted . If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary , in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector' s Manual , and other references as may be required by regulatory permits . ( http : //www . dep . statewfI us . /water/ nonpoint/docslerosionlerosion - inspectors - manual . pdf) D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section . Alternatively , the OWNER may halt the CONTRACTOR ' s operations until the CONTRACTOR is in full compliance with this Section . If the OWNER halts the CONTRACTOR ' s work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with Chapter 4 - " Best Management Practices for Erosion and Sedimentation Control " and Chapter 5 — " Best Management Practices for Dewatering " of the Florida Erosion and Sediment Control Inspector' s Manual . In the event of a conflict between the referenced Chapters and these Specifications , the more stringent requirement shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A . The OWNER has obtained certain permits for this project and they are listed in paragraph SC -6 . 08 of the Supplementary Conditions . Per paragraph SC -6 . 08 . 0 of the Supplementary Conditions , the CONTRACTOR shall apply for , obtain , and pay for all other required permits ,, rmits licenses , sampling , and tests . Permits the 01025-4 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc CONTRACTOR may need to secure may include but not be limited to : 1 . Long -term and /or short-term dewatering permit as required by the St . Johns River Water Management District ( SJRWMD ) . Generally , only the short-term permit is required . Contact SJRWMD at ( 321 ) 984-4940 to determine which permit is required and the associated statutory requirements ; 2 . SJRWMD RDS - 50 Permit ( required ) ; 3 . The State of Florida Generic Permit for Stormwater Discharge from Large and Small Construction Activities ( required ) . Contact the Florida Department of Environmental Protection ( FDEP ) at ( 866 ) 336 -6312 (toll free ) or ( 850 ) 245-7522 or www . dep . state . fl . us/water/stormwater/npdes/ 4 . FDEP ' s Uncontaminated Groundwater Release Permit ( required if dewatering occurs ) . This permit requires water quality testing by a State certified laboratory . Be Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER . If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall govern . C . In addition to paying for all permit fees , CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit . 1 . 3 GENERAL A . Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities . Be From time to time , the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER . If at any time , the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not in compliance , and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications . C . SIchedule construction to minimize erosion and stormwater runoff from the construction site . Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . In addition to other temporary erosion control measures that may be implemented , application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased , unless final landscaping has been installed . Polyacrylamide application shall be as specified herein . D . Inspect each pollution control system at least once per day and after each rainfall 01025-5 Technical Specifications -66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical F :\Public Works\ENGINEERING DIVISION PROJECTS\98106 Specifications .doc . ti d by its event . Clean and maintain each pollution control system asequired . If a water manufacturer or the OWNER , until the system is no longer quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property , nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable owner , regulatory agency , and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 . 4 SUBMITTALS A . Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340 . B . Stormwater Pollution Prevention Plan . 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION AND MAINTENANCE A . State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance : Installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices . After installation , this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER ' s sole opinion , the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete) . Before beginning construction , submit to Indian River County for review and approval , a Stormwater Pollution Prevention Plan ( SWPPP ) , prepared by the certified erosion control subcontractor . Construction shall not begin until the SWPPP has been approved by Indian River County . Submit the approved SWPPP to the ENGINEER before beginning construction . Include in the SWPPP , the " Contractor' s Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater from the Construction Site " ( located at the end of this Section ) . 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A . With respect to this Section and as may be further defined in paragraphs 1 . 6 . 137 „ 1 . 6 . C , and 1 . 6 . D , pollution is the presence in off-site waters of any substances , contaminants , or manmade or human - induced impairment of off- site waters or alteration of the chemical , physical , biological , or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property . Pollutants to be removed 01025-6 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Pdmim\bid documents\Technical Specifications . doc include but are not limited to , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck washout , stucco mixer washout , curb machine washout , washout from other construction equipment , construction chemicals , and construction debris . B . When the Discharge is Directly Into an Existing Water BodV , Pollution Occurs When An existing water body ( including ditches and canals) is defined to be polluted by the CONTRACTOR ' s operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR ' s discharge point( s) is at least 29 nephelometric turbidity units ( NTUs ) higher than the turbidity of the background water upstream of the discharge point ( s ) . [See Fla . Administrative Code 62 - 302 . 530] Exception : When the discharge is directly into or through an outfall discharging into " Outstanding Florida Waters , " designated by Florida Statute 403 . 061 (27 ) , the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water . The ENGINEER or OWNER shall determine the locations where the turbidity is measured . C . When the Discharge is not Directly Into an Existing Water Body Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly , such as after traveling through pipes or by overland flow . Before construction commences , the Contractor will measure background levels of total suspended solids (TSS ) and turbidity , in the immediate vicinity of the discharge water' s ultimate discharge point into the receiving water body . If the discharge water' s TSS and turbidity measurements exceed these pre -construction background values by 20 percent for TSS and 29 NTUs for turbidity , then the discharge from the CONTRACTOR Is operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6 . 5 or greater than 8 . 5 , or whenever any of the following is present in the discharge water : ( 1 ) Hazardous waste or hazardous materials in any quantity , (2 ) Any petroleum product or by- product in any quantity , ( 3) Any chemical in any quantity , or (4 ) Concentrated pollutants . E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the types of conditions in which pollution may be determined to occur . k' 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A . In addition to the OWNER ' s specific remedies , if erosion or pollution is caused by r runoff from the construction site , the OWNER will dewatering water or stormwate immediately report the violations to the Indian River County Code Enforcement Board , SJRWMD , FDEP , Indian River Farms Water Control District ( or other F . S . Chapter 298 Drainage District , as appropriate) , and other pertinent regulatory or enforcement agencies . 01025-7 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical `', Specifications . doc 11 17 41 PART 2 - MATERIALS AND INSTALLATION e E 2 . 1 GENERAL A . Polyacrylamide : As required in Paragraph 1 . 3 . C , place polyacrylamide ( PAM ) on bare ground to reduce the potential for erosion . PAM may also be used in water bodies to remove turbidity . Use the anionic form of polyacrylamide that does not 1 stick to fish gills . For PAM information and its proper application , contact Applied Polymer Systems , Inc . , (678 ) 494 - 5998 , www . siltstop . com . Be Staked Silt Fences : 1 . General : Use silt fences to control runoff from the construction site where the soil has been disturbed . 2 . Installation : Install per the manufacture ' s recommendations and as specified the silt fence in a manner that allows it to stop the herein . In general , install water long enough for the sediment to settle while the water passes through the silt fence fabric . All supporting posts shall be on the down -slope side of inches minimum , under the fencing . Place the bottom of the fabric 6 -e Heath the fence . Place compacted soil to prevent the flow of sediment and silt fences away from the toe of slopes . Otherwise , install in accordance with FDOT Index No . 102 . 3 . Product : All material shall be new and unused . Use FDOT Types II through IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal ) or steeper , or as directed by the ENGINEER ; otherwise use FDOT Type III silt fence . ( a) For FDOT Type III Silt Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence . U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre -attached to 48- inch long stakes on 6-foot centers . ( 1 - 800 -448 - 3636) . ( b ) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No . 102 . (c) Or equivalent . Co Turbidity Barriers : 1 , General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc . 2 . Installation : Install per the manufacturer' s recommendations and per FDOT Index No . 103 unless directed otherwise by the ENGINEER . 3 , Product : All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow . a . Parker Systems , Inc . ( 1 - 866 -472 -7537 ) , model Type II or Type I b . Or equivalent . k D . Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags : 1 . Remove silt , sediment , and other particles from dewatering or pumping applications using a filter bag . The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double - needle machine , strength nylon thread . The bag shall have a fill spout large using a high pump discharge hose . Straps shall be enough to accommodate a 4 - inch 01025-8 Technical Specifications 1013-66th Ave Ph 2 4th St to 16th SMdmim\bid documents\Technical F :\Public Works\ENGINEERING DIVISION PROJECTS\98 Specifications . doc 7777 , s _ T , Is I p 3 LOT I l 11 } 11 lee T111TOOT0- 0Ile �' ^,Sh4 a # r ' s � ri n 101- 011e ll," 11 Te s attached to the bag to secure the hose and prevent pumped water from escaping without being filtered . 2 . Instal_ Install in accordance with the manufacturer' s specifications . Use as many filter bags as required , at no additional cost to the OWNER . Legally IT dispose of the bags offsite , at no cost to the OWNER . If the bags are placed on aggregate to facilitate filtration efficiency , do not use limerock aggregate . TO 3 . Product : The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , I Inc . ( 1 -800448 - 3636 ) . b . " DANDY DEWATERING BAG " supplied by Dandy Products , Inc . ( 1 - 800 - 591 -2284 ) . c . Or equivalent . �s E . Curb Inlet Protection : 1 . Filter stormwater before it enters curb inlets . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . The length of the curb inlet filtration device shall be at least 24eet longer than the curb inlet opening . a . " GUTTERBUDDY , " supplied by ACF Environmental , Inc . ( 1 -800-448- IT 3636 ) . b . Or equivalent . if e F . Catch Basin Protection : 1 . Filter stormwater before it enters catch basins (drop inlets) . The filter " sack" shall be manufactured from woven polypropylene geotextile and sewn by a double - needle machine , using a high strength nylon thread . The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features : two dump straps attached at the bottom to facilitate emptying ; lifting loops as an integral part of the system to be used to lift the sack from the basin ; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls . The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at TO no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . a . " SILTSACK" ( regular flow) , supplied by ACF Environmental , Inc . ( 1 - 800448 - 3636 ) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc . ( 1 - 800 - 579 - 8819 ) . c . Or equivalent . I` leeG , Construction Site Egress Driveways : Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels . Construct a crushed rock driving surface at the vehicle exit point(s ) . Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction i 010250,9 Technical Specifications F :\Public Works\ENGINEER ] NG DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc IT % ",. . . .; ON IT r eTOOO "T i . y ael z a I If Fee I elf i Fx v f f t Y t $ x IIF I �., x. t s `i7a ro-lam`° $`+�v. .,`x. + ` " � x. , `" ' "*" � ' x t ,. F �gS`h r' " , . > . � �.r" .� ? J , b1-e 3y _ . . t Y - S` 9' '�k aa� #,� 9 a4 flee, okkf It tF� , „ - - , H g. r _ , n �� 'l . .a ' ,K e . Y . II site or work area . Provide wash -down stations as required to wash vehicle tires and retain all washwater on - site . Do not use limerock . I� H . Rock and Stone for Erosion Control and Pollution Control and Treatment : 1 . Crushed Limerock : Crushed limerock shall not be used under any circumstance . 2 . Acceptable Material : FDOT #4 non -calcareous aggregate ( usually granite ) , washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction , Section 901 . i� I . Hay Bales : Hay bales shall not be used . r � PART 3 - EXECUTION A . Design , construct , and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities & ected by the polyacrylamide manufacturer/supplier . By Apply polyacrylamide only as dir IF !E Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 104- 1 — Erosion & Water Pollution Control - Lump Sum [The remainder of this page was left blank intentionally] i IF �e i$ j 1� 4 b 4#t 4s 01025- 10 Technical Specifications F :\PublicWorks\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical I Specifications . doc A It x' `` ;„ �d� s t x `� { w 777 wc i CONTRACTOR ' s AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN ) E le River County Project No . 9810 - B for 66 This sworn statement is submitted for IndtH I Avenue Roadway Improvements — Phase II ( 4 Street to 16 Street) STATE OF COUNTY OF Personally before me the undersigned authority , appeared who upon oath duly administered , stated as follows : 1 . This sworn statement is submitted by the CONTRACTOR , s, whose business address is and ( if i; . applicable ) its Federal Identification No . ( FEIN ) is If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement : l 2 . My name is and my relationship to the entity named above is 3 . 1 understand and agree that in addition to the Stormwater Management System Permit issued by Indian River County , CONTRACTOR is responsible for complying with the terms and conditions of the following as applicable to the site : a . State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger) , b . Stormwater Pollution Prevention Plan ( regardless of project size) , c . St . Johns River Water Management District permit (s) ( regardless of project size) , d . Florida Department of Environmental Protection permit(s) ( regardless of project size ) , e . All other permits required for this project not specifically listed herein , and € f . All Codes and Ordinances of Indian River County . 4 . 1 understand that " pollution " as defined by Florida Statutes Chapter 403 . 031 ( 7 ) means : " . . . the presence in the outdoor atmosphere or waters of the state of any substances , contaminants , noise , or manmade or human - induced impairment of air or waters or alteration of the chemical , physical , biological , or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property or which unreasonably interfere with the enjoyment of life or property , including outdoor recreation unless authorized by applicable law . " 5 . 1 understand that in addition to the definition set forth in Item 5 above , " pollution " is also defined by paragraph 1 . 6 of Section 02225 of the Technical Specifications for this Project . 01025- 11 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc n: 117 r 3 SM do � : o IF I, ILI IF Id 11, IF ILL,t N N N M � c LOOPLi 11N +r 3 L O 4 - U U dy, m cnadd, 11 a a� �'IF _ U rr od- It mo c N I FF I Lot O N L fn E i O MO >+ N N N O a , , N � + � J o Al U) -oIF It ILL FILL N +r (0 > +r mILI odd M a= — C O U ] fn (6 FAL- IILI . , O -O 311 O �- >� � adr o I IF dIl .. (6 NMe 1 LIF ILI 1. VILIFn �- . ' o � � � O O dFCam OpU Q O + Lin IF Lod ; 4.. UQ O N Z ALLN OQ � CO p N Ld, k; � � Z U aFLY 41 1. cam 2 L n U N > 1 .11 � +- ZU_ U O ^� W' 11 Id In FILL . Q Q � p O � LL VJ COLL •1--� U _ IF IF m � a) > 2 (� Oco L > �C Z 1 C �IF to , IV, IIJI, "O (0 O f�6 Z W W r- M cn — O "� w "-' +r Q + 111 % s ' LQ M L m L "OIt U OLtd - Ftl � d0 O ` Q L + ndo d , dVdrF '17 > � U O Z ?� ZO ILIFiFtU U m Q O U) dF IF IF, vi o UMILLLd IA' I- V FIF mo ca o Is It'd 71 O cv C — Q +� O C7 L O C Zdd IF 7j O � +r O �' O OI O WVF- Fl I M W L O _ Le IA, 1 U Q �_ _ N Q Z_ a" M L L X O v �` . N I— . _ 3 0 SKI do, a Ltd, � . (�a U C ++ Z O >� to ° dItz Lo Fdod, ,fin� U^) Q) ///�a) � � � T • 0 /l�V U � 't d Y 9 VL/ W • � � y L }I v • � L +-+ � y--� 7 U n WILL It -O L I FILL 0 (D orQ C N O a0) ILL N IF LI III mc KILO 'Felt 11 I IF-It � ~ ILI F, I'dx Neel r` ii 3 3' , ^> - t 11 . % e 1 A Ilk 11 SECTION - 108 — RECORD DRAWINGS/AS - BUILT DRAWINGS GENERAL A . Maintain and provide the ENGINEER with record documents as specified below , except where otherwise specified or modified in Divisions the Supplementary Conditions , Be Maintenance of Documents : 1 . Maintain in CONTRACTOR ' s field office in clean , dry , legible condition s complete sets of the following : Drawings , Specifications , Addenda , approved Shop Drawings , samples , photographs , Change Orders , other modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR' S Work . i 2 . Provide files and racks for proper storage and easy access . t 3 . Make documents available at all times for inspection by ENGINEER and OWNER . 4 . Do not use record documents for any other purpose and do not remove them from the field office . C . Recording : 1 . Label each document " PROJECT RECORD " in 2 - inch high printed letters . 2 . Keep record documents current . 3 . Do not permanently conceal any Work until required information has been I recorded . Nk RECORD AS - BUILT DRAWINGS A . It During the entire construction operation , the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare i there from " record " drawings showing correctly and accurately all changes and deviations from the work , made during construction to reflect the work as it was actually constructed . Ilk Be Record /As - Built survey shall be performed and subsequent plans prepared by a registered Professional Surveyor and Mapper in the state of Florida and certified per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional I Surveyor and Mapper in the state of Florida accordingly . The following items are required to be shown on County project Record /As- Built drawings submitted to ENGINEER : All As per Chapter 472 , Florida Statutes and Chapter 61G17 -6 . 007 Florida Administrative Code As- Built — Record — Specific Purpose Surveys : 01025- 13 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc 0. AN AN AI A t f ' A" 7:77 7AAA t i` _ AAA -A All e, n^ SVAN % . . ._ . . . _ _ ; rn . , � . . � . .. - . .. ., . . . I RF - IT s # ° � rr yt � i . " .^ * lA < . , +, . , - , . ' r A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record /As - Built survey as it relates to the regulations and standards established for said surveys . AND Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the I construction plans . Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . 1 . Right-of-way Swale/Drainage — All culvert inverts , elevations and station ' offsets ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows along top of bank . Size of swale . 2 . Pipe Culvert/PVC Sleeves — All inverts , stations and offsets . 3 . Outfalls — All pipe inverts , elevations and station offsets , weir box elevations , weir elevation , and sizes . 4 . Roadway/Off Site Drainage All inverts , elevations and station offsets ; manhole top elevation ; grate top elevations . 5 . Retention Ponds — Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . 6 . Roadway : a . Stations and offset related to controlling baseline and elevations of all i structures , side street and major driveway radius returns (edge of pavement) , bends and /or change in direction of roadway alignment , OR minimum at 1000 ' intervals along roadway alignment . b . Elevations along Profile Grade Line ( PGL) , of all edge of pavements either side of Profile Grade Line ( PGL) , at medians at the high /low and PVI points along Profile Grade Line ( PGL) . c . All final Elevations to be plotted on PGL AND Plan - Profile sheets as applicable . d . Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets . SURVEY CONTROL 1 . Install/re-establish : It shall be the contractor' s responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472 , Florida Statutes , to replace any horizontal and vertical control shown on the €, engineering plans that was destroyed during construction . 2 . New roadway alignment control points (Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion . I� Include all intersections and side streets . State Plane Coordinates and elevations for all control points . 3 . Either if shown on plans or not : Any Public Land Corner or Governmental Survey Control point( s ) , vertical control ( bench marks ) , property corners k I 01025- 14 Technical Specifications % F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc IT 71171"e I 'IT I 1, 144 v destroyed and /or disturbed during the scope of the project shall be properly re- established as per standards as set forth within Florida Statutes , Administrative `# code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency( s) shall be notified in writing of ` disturbance and re-establishments . RECORD/AS - BUILTS DRAWINGS FORMAT - SUBMITTALL A . ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As- Built information . B . CONTRACTOR shall deliver seven ( 7 ) certified sets of Record/As- Builts with Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER . C . CONTRACTOR ' s surveyor shall review , sign and seal As- Builts or Record drawing ( s) . Said drawing (s) shall clearly state , type of survey , positional tolerances , adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida , any standards set forth by Florida Statutes , Administrative code and Minimum Technical Standards for As- I Built/ Record surveys . Ik D . All Record /As- Built drawings are subject to review and approval by County Surveyor . ACCURACY iz The CONTRACTOR will be held responsible for the accuracy and completeness of I Record Drawings and Electronic As- Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR . COMPLETION OF WORK Upon Substantial Completion of the Work , deliver Record Drawings/As - Built Drawings to ENGINEER . Final payment will not be made until satisfactory record documents are received and approved by ENGINEER . AERIAL PHOTOGRAPH The CONTRACTOR shall provide aerial photographs of the project every 30 days during construction . The photographs shall be done in a manner to show the construction progress the entire length of the project . It is estimated that five ( 5 ) photographs will be needed during one flight . The photographs can be angled and not to a particular scale however must be detailed enough to identify the work in detail . 01025- 15 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical ° Specifications . doc z V, VIM Vie 's s r k zr. .y . , , .3•' ' t 'r, a �� C ° r. "�* -� 5 #a b v > . garw .:.k , .� k, ' i' me y ' 6�` .:.�1 � y `f � � . 1 S F', r�,,T s :rsr' 4'F. r£ ,± , . .n+ ,;,y , ':4 r.;� ' "G14 ",� ?i"^f a `, ,�„fe #i . ' , vY A Viz�f,..N„ 2�, ,'_ , ,.r+ mm All Item of Payment Payment for the work specified in this item shall be made under : Bid Item 108 - 1 — Record Drawings/As - Built Drawings - Lump Sum Bid Item 108 -2 — Survey Control ( install/Re - Establish ) — Lump Sum Bid Item 108 - 3 — Aerial Photography — Each Photograph Bid Item 108 -4 — N . P . D . E . S . Permitting — Lump Sum (THE REST OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 01025- 16 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc r '' A 11% Ali , AA VA" IV A IzleI NI ellIle ! `eMIN ' r 4'j ., d .� �$ ;� . ,. ;, `� {� .° . v � A '4'� sy, k; y��, -� ?7 IN, AY d , f l .�y '➢'I Ile x y4 h? E wk c' A, x a. 1 IN el ;^x.,:- n n Board of Professional Surveyors and Mappers As - Built Record Survey Checklist IN Lic . Name Date : I ` IN Chapter 61G17 -6 Minimum Technical Standards F . A . C . 61G17 -6 . 003 General Survey , Map , and Report Content Requirements ❑ ( 1 ) REGULATORY OBJECTIVE : The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective , surveyors and mappers must achieve the following minimum standards of accuracy , completeness , and quality : Ile ❑ ( a ) Accuracy of survey measurements based on the type of survey and expected use . i ❑ ( b) Measurements made in accordance with the United States standard , feet or meters . ❑ (c ) Records of measurements maintained for each survey ( check field notes . ) ❑ ( d ) Measurement and computation records dated . ❑ ( e) Measurement and computation records substantiate the survey map . ❑ (f) Measurement and computation records support accuracy statement ( closure calculations or redundant measurements , if applicable . ) (2 ) Other More Stringent Requirements : ❑ (a ) Met more stringent requirements set by federal , state , or local governmental agencies . (3 ) Other Standards and/or Requirements that Apply to All Surveys , Maps , and/or Survey Products : ❑ ( a ) REGULATORY OBJECTIVE : In order to avoid misuse of a survey and map , the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map . ( b ) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective , surveyors and mappers must meet the i. following minimum standards of accuracy , completeness , and quality : ❑ ( c) Type survey stated on map and report : As-Built Survey Mean High Water Line Survey k Boundary Survey Quantity Survey Condominium Survey Record Survey Construction Layout Survey Specific or Special Purpose Survey Control Survey Topographic Survey Hydrographic Survey ❑ ( d ) Name , certificate of authorization number, and street and mailing address of the business entity on the map and report. ❑ ( e) Name and license number of the surveyor and mapper in responsible charge . ❑ (f) Name , license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report . ❑ ( g ) Survey date ( date of data acquisition . ) ❑ ( h ) Revision date for any graphic revisions (when survey date does not change . ) ❑ ( i ) Map and report statement " Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. " 01025- 17 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc N7 I ell -e N- IN 11 —1771 N'l e71,1111VI IN IN 77RF774 Ile IN Ille % IN � , 'sN IN NN In ❑ Q ) Insurance statement in 1/4" high letters " The survey depicted here is not covered by professional liability insurance " if there is no professional liability insurance . ❑ ( k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties . ❑ ( 1 ) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise . ❑ ( m ) Bearings , distances , coordinates , and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise . ❑ ( n ) Bearing reference (well established and monumented line ) ❑ ( o) A designated " north arrow" ❑ ( p) Stated scale or graphic scale ❑ ( q ) Abbreviations in legend or notes . ❑ ( r) Special conditions and any necessary deviation from the standards noted upon the map or report . ❑ (s ) Responsibility for all mapped features stated on the map or report ❑ (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others . ( u ) Map Accuracy . ( 1 ) Vertical Feature Accuracy : ❑ ( a ) Vertical Control : Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark . ❑ ( b) Closure in feet must be accurate to a standard of plus or minus .05 ft . times the square root of the distance in miles . ❑ ( c ) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s ) upon which the survey is based . ❑ (d ) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum . (2 ) Horizontal Feature Accuracy : ❑ (a ) Horizontal Control : All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based . ❑ ( b) Minor coordinate data may be obtained and used on an assumed datum provided the x numerical basis of the datum is obviously different than a publicly published datum . ' ` 1 . ❑ ( c ) The accuracy of control survey data shall be verified by redundant measurements or traverse closures . All control measurements shall achieve the following closures : i; Commercial/High Risk Linear: 1 foot in 10 , 000 feet ; Suburban : Linear: 1 foot in 7 , 500 feet ; Rural : Linear: 1 foot in 5 , 000 feet ; ❑ ( d ) When statistical procedures are used to calculate survey accuracies , the maximum acceptable positional tolerance , based on the 95% confidence level , should meet the same equivalent relative distance standards as set forth in 61 G17 - 6 . 003 (3 ) ( p ) (2 . ) (c ) F .A. C . '. ❑ (e ) Intended Display Scale : All maps or reports of surveys produced and delivered with digital 61 coordinate files must contain a statement to the effect of: "This map is intended to be 41 displayed at a scale of 1 / or smaller" . 61G17-6 . 004 Specific Survey , Map , and Report Requirements ( 1 ) As -Built/Record Survey : 01025- 18 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc f4 an 777777� �Jqjgzg In Annn, In fn If In - if 1 4 If In . _ 6 S 3 'a•Y t ri s It F t ❑ (a ) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . ❑ ( b ) Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . ❑ ( c ) All maps prepared shall meet applicable minimum technical standards . ❑ (d ) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations . t + + END OF SECTION + + I It I t t t It t 01025- 19 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS \9810B-66th Ave Ph 2 4th St to 16th StWdmim \bid documents\Technical Specifications . doc t. . , 777 01 It I It IV Ir LIV ; aIV I IV 1.k F ,,, _ - . kell I n � ' ` ' +,' A IVa V V ,. rrrrrr i qq SECTION - 109 - FIELD OFFICE It I The Specifications for Field Office ( Contractor) shall include furnishing and installing a Construction Field Office at or near the Project Limits in accordance with these Specifications . R It is the Contractor' s responsibility to clean the inside of the building and provide furnishings . The building shall be equipped with tables and chairs for the use of minimum four (4) people and shall have sufficient drawers for the standard size plans , either attached to the tables or in cabinet form , one ( 1 ) rough plan rack , one ( 1 ) supply cabinet , a minimum of five (5 ) gallons of potable water maintained by the Contractor , one ( 1 ) dual cassette telephone answering machine , one ( 1 ) fax machine , and one ( 1 ) fire- resistant (2 ) drawer legal size file cabinet meeting fire underwriters ' approval for no less than a 1 - hour test . The room also shall be provided with a desk and chair . The Contractor will be required to provide electric , phone , internet , etc . to the field office . The Contractor will also provide phone lines and internet services for County inspectors . i The field office shall be ready for use no later than ten ( 10) calendar days after the date of mailing the fully executed Contract and before any other work is started , and shall be maintained by the Contractor until one ( 1 ) month after final acceptance of the Project by the Owner. IV See Section 01009 ( Special Provisions) of the General Requirements . Item of Payment Payment shall be made under: Bid Item No . 109 - 71 -2 - Field Office — Per Day SECTION - 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . (2010 ) with the I IV following modifications : t A . Prior to any clearing and grubbing , the contractor will stake the right-of-way . Unimproved areas shall be cleared of trees , logs , stumps , brush , vegetation , rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade . No stumps , roots , or perishable matter of any description shall remain under concrete slabs or footing , including pavement and sidewalks . B . No trees shall be removed or relocated until the Engineer or his representative has s marked all trees to be saved , after a review of the project site with the Contractor' s representative . C . Where the final pavement or structural work will be close to existing trees , the I IVContractor shall exercise care in the vicinity of the trees . Further , the Contractor shall i saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a s 01025-20 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc It s1-7 ry IV V 1 n ,.a . , . h .. . • < . < � .. . .,. rt . . .3 ,'fix' . £ . . MV MA n t > -six _. £ A- $ ry ., '�"'+ "w,, �' ° aF s a' n -IJV - 11 1 VAII . `' . ...,..,„ �' "� :. F C"�, "" s ' �c' '. w s A, A , .A 11 11 . ... , . > k . :. a . . �.� ; ,.,.3z All commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer or where shown on the drawings , work shall be done by hand in order to protect the Al trees . D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull A; hair or major root structures . All severed roots shall be sawn clean and paint with pruning paint . Stumps , roots , etc . , shall be completely removed and disposed of by the Contractor . Undesirable , dead , and/or damaged trees ( as so designated by the Engineer) shall be removed . E . All trees to be removed shall be disposed off site , burning will be strictly prohibited . _ A I F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor . Where the removal of valuable trees or shrubs specifically for transplanting is required , this work shall be done in cooperation with the Owner and at no additional expense to the Owner . G . All items to be removed shall be excavated to their full depth . All culverts removed from residential driveway entrances within the right- of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge . ( See Paragraph C , Special Provisions ) The Contractor shall transport the culverts to the County's storage yard . All metal castings for catch basins , manholes , or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer . The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Any culverts , structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor . Where required , suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground . The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications . f H . No additional payment will be made , nor will additional work , or change orders be WoF authorized for work needed to remove , relocate , protect , or otherwise account for in the construction of the work depicted in the plans , for any feature , or item that would be apparent from a careful inspection of the site and review of the plans , even though such feature or item is not specifically called out in the plans . It is therefore essential the contractor make such inspection and review. I . The unit price bid for this item shall include the cost of all labor , tools , and equipment necessary to excavate , remove , and dispose of those items as directed by the Engineer and where designated on the Drawings . The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 110- 1 ,, 1 - Clearing and Grubbing — Per Acre Its I 01025-21 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\9$ 106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc IK 44 Ke 6 e It ell KKK KKK IKKK ILI 4 - Iv Bid Item No . 110- 5 — Plugging Water Wells Artesian — Per Each SECTION — 120 - EXCAVATION AND EMBANKMENT A . Earthwork , including earthwork for drives outside the right-of-way limits , shall be paid for as embankment . Cost shall include all work specified in this section and Section 120 of the Standard Specifications . Such price and payment shall lee specifically include all cost of any roadway , lateral ditch or canal , and final dressing It I operations . Be Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . k C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , isolated swale bottom locations , isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation . Approximately 2 . 0 ft of subsoil excavation is required in sublateral canals . Cost of replacement I embankment shall be included in cost of subsoil excavation . Contractor to coordinate I with county representative prior to any subsoil excavation . D . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120 - 7 . 2 : I Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. Backfill material containing more than 2 . 0 % by weight of organic material , as determined by FM 1 -T 267 and by averaging the test results for three randomly g selected samples from each stratum or stockpile of a particular material , shall not be used in construction of the reinforced volume . If an individual test value of the three fs samples exceeds 3 . 0 % , the stratum or stockpile will not be suitable for construction of the reinforced volume . No A- 8 material permitted in embankment . E . Payment shall be made under : Bid Item No . 120 - 1 — Excavation , Subsoil ( Roadway) — Per Cubic Yard Bid Item No . 1204 — Excavation , Sub Soil ( Lakes) — Per Cubic Yard Bid Item No . 120 -6 - Embankment ( Compacted in Place ) - Per Cubic Yard Bid Item No . 125 - 3 — Select Bedding Material (sand fill for underdrain system ) i — Per Cubic Yard E : 01025-22 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th StWdmim\ADDENDUMS\Technical Specifications Add 3 . doc kA I ,. , . III T4 lit I 5f it f it Al 71 el I AI I it, 711 it I 1 400 11* Iry 40 It 11 lK Id- s SECTION — 160 - STABILIZATION A . Sub Article 160 - 5 . 1 is modified by the addition of the following : "The stabilization thickness indicated on plans shall be considered a minimum thickness . Thickness will vary to conform to the lines , and grades shown in the plans . " Minimum L . B . R . = 40 - No under-tolerance . B . Payment shall be made under : Bid Item No . 1604 - 12A - Type " B " Stabilization LBR40 ( 12 " ) - Per Square Yard Bid Item No . 1604 - 12B — Type " B " Stabilization LBR40 ( 8 ") - Per Square Yard SECTION — 285 - CEMENTED COQUINA SHELL BASE A . Sub Article 2854 is modified by the addition of the following : Base material , thickness and requirements are described in the construction plans . Only one type of alternate base material shall be used . No additional payment will be made for base thickness in excess of the specified thickness 4 3 . B . Payment shall be made under : Bid Item No . 285 - 704 — Cemented Coquina Shell Base Group 4 (6 " ) - Per Square Yard Bid Item No . 285 -706 — Cemented Coquina Shell Base Group 6 ( 8 " ) Two Lifts Per Square Yard SECTION — 327 - MILLING OF EXISTING ASPHALTIC PAVEMENT l The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) , Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 327 - 70- 1 — Milling Existing Asphalt Pavement ( 1 "Avg . ) — Per SquareYard SECTION — 334 - SUPERPAVE ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 334 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Sub article 334 - 8 . 1 through 334 - 8 . 3 — Basis of Payment shall be deleted in its entirety . Sub article 334- 8 . 4 — Payment shall be amended as follows : Bid Item No . 334 - 1 - 12A — Superpave Asphaltic Concrete- 1 " SP 9 . 5 — Per Square Yard , Bid Item No . 334 - 1 - 12B — Superpave Asphaltic Concrete- 1 '/z" SP 12 . 5— Per Square Yard , 01025-23 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc 04 1 VI I V`41 souak IV 'a r 4 SECTION — 350 — CONCRETE PAVEMENT IV I I kV e . The work specified in this item shall conform to Section 350 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment 6v Payment for the work specified in this item shall be made under : �r Bid Item No . 350-2 - 1 — Cement Concrete Pavement Reinforced ( 6 ") — Per SquareYard SECTION - 339 — MISCELLANEOUS ASPHALT PAVEMENT i The work specified in this item shall conform to Section 339 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under : t Bid Item No . 339- 1 - Asphalt Pavement Miscellaneous - Per Ton I SECTION - 400 — CONCRETE STRUCTURES h The work specified in this item shall conform to Section 400 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010) . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 400 - 1 -2 — Concrete Class I ( Endwalls) - Per Cubic Yard SECTION - 425 — INLETS MANHOLES AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Department of i Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 425 - 1 -351 — Inlets ( Curb ) (Type P- 5 ) ( < 10 ' ) - Per Each Bid Item No . 425 - 1 -361 - Inlets ( Curb) (Type P -6 ) ( < 10 ' ) - Per Each Bid Item No . 425 - 1 -452 - Inlets ( Curb ) (Type J - 5 ) ( > 10 ' ) - Per Each Bid Item No . 425 - 1 - 521 - Inlets ( Ditch Bottom ) ( Type C ) ( < 10 ' ) - Per Each Bid Item No . 425 - 1 - 529 - Inlets ( Ditch Bottom ) (Type C ) ( Modified ) - Per Each 01025-24 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc ;. , "=b� .F" q '° " ,.+j£ yii .1 l ;,, € r .. . I In k 9 '"Y sw ` Ann- I Bid Item No . 425- 1 - 551 - Inlets ( Ditch Bottom ) (Type E ) - Per Each Bid Item No . 425 - 1 - 901 - Inlets ( Ditch Bottom ) ( Special ) (w/ P - Bottom ) - Per Each h- Bid Item No . 425 - 1 - 903 - Inlets ( Ditch Bottom ) (Special ) (w/ J - Bottom ) - Per Each Bid Item No . 425 .2 -41 - Manholes ( P - 7) ( < 10 ' ) - Per Each Bid Item No . 425 -2 - 61 - Manholes ( P - 8 ) - Per Each Bid Item No . 425-2 - 71 - Manholes (J - 7) ( < 10 ' ) - Per Each Bid Item No . 425 -2 - 72 - Manholes (J - 7 ) ( > 10 ' ) - Per Each Bid Item No . 425 . 3 - 81 — Control Structure ( < 10 ' ) - Per Each Bid Item No . 425 . 3 -82 — Control Structure ( > 10 ' ) - Per Each Bid Item No . 425- 5 — Manhole (Adjust) - Per Each Bid Item No . 425 -6 — Valve Box (Adjust) - Per Each Bid Item No . 425 - 10 — Yard Drain - Per Each f SECTION - 430 — PIPE CULVERTS AND STORM SEWERS The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under . Bid Item No . 430- 175- 101A — Polyethylene Pipe (6 ") - Per Linear Foot Bid Item No . 430 - 175 - 101 B — Corrugated Aluminum Pie12 Bid Item No . 430- 175- 101 C — Reinforced Concrete Pipe ( 15 ") ) Per Linear Per aFoot t on I Bid Item No . 430 - 175 - 101 D — Corrugated Aluminum Pie15 Bid Item No . 430 - 175 - 101 E — Reinforced Concrete Pipe ( 18 ") ) Per Linear FoPer Linear ot h Bid Item No . 430 - 175- 101 F — Corrugated Aluminum Pipe ( 18 ") - Per Linear Foot Bid Item No . 430 - 175 - 101G — Reinforced Concrete Pipe (24 ") - Per Linear Foot Bid Item No . 430- 175. 101H — Corrugated Aluminum Pipe (24 ") - Per Linear Foot Bid Item No . 430 - 175 - 102A — Reinforced Concrete Pipe ( 30 ") - Per Linear Foot Bid Item No . 430- 175- 102B — Corrugated Aluminum Pipe ( 30 ") - Per Linear Foot Bid Item No . 430 - 175 - 102C — Reinforced Concrete Pipe ( 36 ") - Per Linear Foot Bid Item No . 430- 175- 102D — Corrugated Aluminum Pipe ( 36 ") - Per Linear Foot Bid Item No . 430 - 175- 103 — Reinforced Concrete Pipe (48 ") - Per Linear Foot i Bid Item No . 430- 175 - 104 — Reinforced Concrete Pipe (60 ") - Per Linear Foot Bid Item No . 430 - 175- 105 — Reinforced Concrete Pipe ( 72 ") - Per Linear Foot Bid Item No . 430- 175 -236 — Elliptical Concrete Pipe Culvert (29 "x45 ") - Per Linear ` Foot Bid Item No . 430 - 982 - 121 — Mitered End Section Concrete ( 12 " CD ) - Per Each Irk Bid Item No , 430 - 982 - 123— Mitered End Section Concrete ( 15 " CD) - Per Each Bid Item No . 430 - 982 - 125— Mitered End Section Concrete ( 18 " CD ) - Per Each Bid Item No . 430 - 982 - 129— Mitered End Section Concrete (24 " CD) - Per Each Bid Item No . 430 - 984- 121 — Mitered End Section Concrete ( 12 " SD ) - Per Each Bid Item No , 430- 984 - 123— Mitered End Section Concrete ( 15 " SD ) - Per Each Bid Item No , 430 - 984 - 125— Mitered End Section Concrete ( 18 " SD) - Per Each Bid Item No , 430- 984 - 129— Mitered End Section Concrete (24 " SD ) - Per Each 01025-25 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc 7 7W771777 I Ilk Ink In "*71V I IN In PI 777� m IT I TIT 14 IT IT I IT e,IT .,., ..:< -, . ... z , IT SECTION - 440 - UNDERDRAIN The work specified in this item shall conform to Section 440 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment ¢s Payment for the work specified in this item shall be made under : Bid Item No . 440 - 1 -60A - Underdrain Type Special (4 ") - Per Linear Foot Bid Item No . 440 - 1 -601 - Underdrain Type Special ( 12 ") — Per Linear Foot SECTION — 460 - ALUMINUM HANDRAIL LL The work specified in this section shall conform to Section 460 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Pa ment Payment for the work specified in this item shall be made under : Bid Item No . 460- 70-2 - Aluminum Railing ( Double) — Per Linear Foot SECTION - 520 - CONCRETE CURB AND GUTTER The work specified in this item shall conform to Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 520- 1 - 10 — Concrete Curb and Gutter (Type " F ") — Per Linear foot h Bid Item No . 520 -3 — Concrete Valley Gutter — Per Linear foot SECTION - 522 — CONCRETE SIDEWALK The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment cI Payment for the work specified in this item shall be made under: Bid Item No . 522 -2 — Concrete Sidewalk (6 " Thick) — Per Square Yard i 01025-26 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . docTI I Id IF I Fn IF' III F;ddd 11 IIFFr, FF ., . ` .; g IF SECTION — 570 — PERFORMANCE TURF E The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . A . Description : Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing in accordance with Section 104 - 7 . 2 , to be mowed at 6 " height with a mulching mower . B . Work Included : Scope of Work : The work specified in this section establishing of a stand of grass , within the project , right-of-way , easements ,land othests of r areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required to assure a healthy stand of I° grass . Two applications of fertilizer will be required with the initial application bein fertilizer and the second application being "weed and feed " . g C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer . All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws . The numerical designations for fertilizer indicate the minimum percentages ( respectively) of ( 1 ) total nitrogen , (2 ) available phosphoric acid and ( 3 ) water-soluble potash contained in the fertilizer. The chemical designation of the fertilizer shall be 164 -8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container . Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570- 5 and 2 . 34 . 8 . F . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner, at his discretion , may authorize the elimination of ground preparation . G . Application of Fertilizer : Before applying fertilizer, the soil pH shall be brought to a 01025-27 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc ., , h , ° .max „ ' + + .Vwr 'gasNe '�' II.. . b1. ,rNV� IN range of 6 . 0 see 7 . 0 . VF IN Contractor shall apply two (2 ) applications . The initial shall be fertilizer and the second application shall be "weed and feed " . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre , or 10 pounds per 1 , 000 square feet , by a spreading device capable of uniformly distributing the material at the specified rate . Contractor shall apply applications as per manufacturer's specification . All tickets from bags shall be handed over to the County Inspector . On steep slopes , where the use of a machine for spreading or mixingis not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed i with the soil to a depth of approximately 2 inches . H . Placing Sod : The sod shall be placed on the prepared surface , with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow . Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits , the outer pieces of sod shall be tamped so as to produce a featheredge effect . Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 %" below paved shoulder . On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . Sodding shall not be performed when weather and soil conditions are , in the Engineer's opinion , unsuitable for proper results . Sod shall be placed around all structures , equipment pads , etc . I Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer, for optimum results . After being placed , the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter, the Contractor shall apply water as needed until the sod roots and starts to IN grow for a minimum of 60 days (or until final acceptance , whichever is latest) . � . Maintenance : The Contractor shall , at his expense , maintain the sodded areas in a satisfactory condition until final acceptance of the project . Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily . Replanting or repair necessary due to the Contractor's negligence , carelessness or failure to provide routine maintenance shall be at the Contractor's expense . The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6 " without mowing . Clippings shall be removed from sidewalk . K . Article 570 - 9 . The first two paragraphs under this Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod , fertilizer (2 r : 01025-28 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS \98106-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc 14, 10 Ir _ , . . . . 1W _ u applications) , sidewalk sweeping after mowing , mowing , pegging disposal of clippings , water , tools , equipment , labor and all other incidentals necessary . Item of Payment Payment shall be made under : Bid Item No . 570- 1 -2 — Performance Turf ( Sod ) ( Bahia ) - Per Square Yard SECTION - 580 — LANDSCAPE INSTALLATION The work specified in this item shall conform to Section 580 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010) . Item of Rgyment Payment for the work specified in this item shall be made under: Bid Item No . : 580 - 1 — Landscaping Complete Plants > 7 Gal . — Lump Sum Bid Item No . : 580 -2 — Landscaping Complete Plants < 7 Gal . — Lump Sum SECTION - 700 - SIGNING AND PAVEMENT MARKINGS A . Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer' s specifications . B . Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4 " x 4 " . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 700-20. 11A — Single Post Sign , ( Stop Sign ) ( R1 - 1 ) — Per Assembly Bid Item No . 700-20- 11 B — Single Post Sign , ( Street Name Sign ) ( D - 3) — Per Assembly Bid Item No . 700-20 - 11C — Single Post Sign , ( Speed Limit Sign ) ( R2 - 1 ) — Per Assembly Bid Item No . 700-20- 11 D — Single Post Sign , (Stop Ahead ) (W3 - 1 a ) — Per Assembly Bid Item No . 700 -20 - 11 E — Single Post Sign , ( Equestrian Traffic Sign ) (W11 - 7) Per Assembly0102529 Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS \9810B-66th Ave Ph 2 4th St to 16th StWm dmil\bid documents\Technical Specifications . doc _ , . CC 14 el r n le Bid Item No . 700 -20- 11 F — Single Post Sign , ( Center Lane ) ( R3 - 9B ) — Per Assembly Bid Item No . 700-2041 - Relocate Existing Signs — Lump Sum Bid Item No . 706 - 3A — Retro,,, Reflective Pavement Markers (White/Clear) - Per Each Bid Item No . 706- 3B—Retro- Reflective Pavement Markers (Amber/Amber) - Per Each Bid Item No . 711 - 11 - 111 — Traffic Stripe Solid Thermoplastic , Standard , White (6 ") - Per Net Mile Gee Bid Item No . 711 - 11 - 123 — Traffic Stripe Solid Thermoplastic , Standard , White ( 12 ") Per Linear Foot Bid Item No . 711 - 11 - 125 — Traffic Stripe Solid Thermoplastic , Standard , White (24 ") - Per Linear Foot Bid Item No . 711 - 11 - 151 — Thermoplastic , Standard , White Dotted/Guideline 6- 10 gap extension (6 ") eee Per Linear Foot Bid Item No . 711 - 11 - 170 — Thermoplastic , White ,Whi ow PeEach Bid Item No . 711 - 11 -221 — Traffic Stripe Solid Thermoplastic , St ndardr Yellow , (61) Per Linear Foot Bid Item No . 711 - 11 -221 — Traffic Stripe Solid Thermoplastic , Standard , Yellow , Bid Item No . 711 - 11 -224 — Draffic Stouble ripe i e Solid ( ear Foot p Thermoplastic , Standard , Yellow , ( 18 ") an, Per Linear Foot Bid Item No . 711 - 11 - 151 — Thermoplastic , Standard , Yellow Dotted/Guideline 10 - 30 gap extension (6 ") - Per Linear Foot SECTION — 1000 - WATER AND SEWER UTILITIES A . Water Utilities The water utilities for this project shall be constructed per the " Indian River Count Department of Utility Services Water & Wastewater Standards " September 2011y This document can be purchased from Indian River County Utilities . Relocation of existing fire hydrants shall include the cost of all pipe , fittings , thrust blocks , retaining rods , trenching grading , and incidental items associated with relocation . Be Sewer Utilities The sewer utilities for this project shall be constructed per the " Indian River Count Technical Specifications " , September 2011 . This document can be purchased from Indian River County Utilities , C . Earthwork and Backfill Compaction - All fill must be compacted by hand tamping from under the pipe up to the center line . Backfill shall be compacted in 6 " lifts up to the surface to achieve a minimum compaction of 98 percent of maximum density in roadways and shoulders , and 95 percent in easements , in accordance with AASATO T- 180 and D-2167 . D . Ductile Iron Pipe and Fittings 1 . General : 01025-30 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS \9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc IJA 11 1 A� _If . v S If . F..,_ J .. 114 Id All ductile iron pipe shall be manufactured in accordance with AWWA Specifications C - 150 & C - 151 . All buried ductile iron pipe shall be manufactured in accordance with AWWA Specification C - 151 and shall be Class 52 minimum . All exposed ductile iron pipe shall be Class 53 minimum , 2 . Fittings : All underground fittings shall be either bell and spigot , or mechanical joint . Mechanical joints shall conform to AWWA specification C110 (ANSI 21 . 10- 87) , or latest revision , All exposed aboveground fittings shall be flanged joint , 3 . Bell and Spigot Connections : Joints in bell and spigot pipe shall be push - on , mechanical , or restrained joints in accordance with AWWA Standard C - 111 (ANSI 21 . 11 -85) , or If latest revision . Mechanical joint pipe set-screw type retainer glands will not be permitted , 4 . Flanged Connections : Flanged pipe with screwed -on flanges shall be furnished with long hubs , and the flanges shall be screwed on the threaded end of the pipe in the shop , and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside . The back of the hub shall be caulked where the hub threads joint with the pipe , 5 . Valve Box Adjustments : Cost of valve nut extenders shall be included in cost of valve box adjustments where needed . E . Disinfecting Potable Water Pipelines Before being placed in service , all potable water pipelines shall be chlorinated in accordance with the latest edition of AWWA C -651 , " Standard Procedure for Disinfecting Water Mains " except that the use of tablets is strictly prohibited . The procedure shall be a ' Engineer. The location of the chlorination and sampling approved by by the Florida Department of Environmental Protection , Water Distribution lSystem Permit. Taps f e chlorination and sampling shall be uncovered and backfilled by the Contractor , as required . q SECTION - 02670 - FLUSHING TESTING AND DISINFECTING PART 1 - GENERAL 1 , 01 WORK INCLUDED A . Flushing , Pressure Testing , and Disinfection of all piping systems . B . Contractor shall furnish all necessary pumps , hoses , piping , fittings , meters , gauges , chemicals and labor to conduct specified testing , C . Testing shall be repeated at the Contractor' s expense until satisfactory results are achieved , 01025311 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\98108 66th Ave Ph 2 4th St to 16th St\Admim\bid documents\Technical Specifications . doc 44 r 77W "4977, 0 It , . It, F ItI If D . Refer the specific chemical system specification section for additional flushin and testing procedures . g 1 . 02 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A . Section 1000 — Water and Sewer Utilities 1 . 03 REFERENCES A . ANSI /AWWA C651 - Standard for Disinfecting Water Mains , 1 . 04 SUBMITTALS A . Test Reports : Indicate results comparative to specified requirements . Submit two (2 ) copies of test results to Engineer in accordance with Submittal specifications . 1 . 05 QUALITY ASSURANCE A . Perform Work in accordance with ANSI /AWWA C651 . 1 . 06 REGULATORY REQUIREMENTS A . Conform to applicable Florida DEP requirements for performing the work of this Section . Be Work shall conform to Indian River County Standards , PART 2 - PRODUCTS 2001 DISINFECTION CHEMICALS A . Chemicals : The disinfecting agent shall be sodium hypochlorite solution ANSI/AWWA B303 or liquid chlorine ANSI /AWWA B301 . Dry hypochlorite , similar to " HTH " or equal may also be used as the disinfecting agent . Bleach or Clorox is not acceptable . PART 3 - EXECUTION 3 . 01 EXAMINATION A . Verify that piping systems have been cleaned , inspected , and tested . Be Coordinate scheduling of flushing , pressure testing , and disinfection activities with tie - ins , certifications , and sequence of construction . 3 . 02 FLUSHING AND PRESSURE TESTING - PIPING A . The Contractor shall furnish and install suitable temporary testing plugs or caps for the water lines , all necessary pressure pumps , hose , pipe connections , meters , gauges and other similar equipment , and all labor required , all without additional compensation for conducting pressure and leakage tests and flushingof the piping . Flushing and pressure testing shall be conducted in the following order. Be After all piping lines have been installed and before pressure testing , each run of pipe shall be thoroughly flushed so as to remove all debris and foreign matter from the piping and equipment . Clean and flush all piping using potable water. Sufficient flushing water and pigging shall be introduced into the piping to produce a discharge that is clear with no evidence of silt or foreign matter is visible . Contractor to provide means of discharging and disposing of water at Contractor's expense . 01025-32 Technical Specifications F: \Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Hdmim\bid documents\Technical Specifications . doc toss 91 ve t 9L It I^ a.. IN kt C . Pressure testing ductile iron piping systems : 1 . The test pressure for the water piping , irrigation quality water piping , and force main piping systems constructed of ductile iron shall be 150 psi and this pressure shall be maintained for a period of not less than two hours . Tests shall be made between valves and as far as practicable and as approved by the Engineer . Potable water from the distribution system shall be used . Pressure shall not vary more than five ( 5 ) psi for piping during the test periods or as approved b Engineer. Allowable leakage shall be computed on the basis of he AWWA C -600 . 44 2 . All leaks evident at the surface shall be uncovered and repaired regardless of the total leakage as indicated by the test , and all pipes , valves and fittings and other materials found defective under the test shall be removed and replaced at the Contractor' s expense . Tests shall be repeated until leakage has been reduced below the allowable amount . 3 . In the judgment of the Engineer , should it not be practical to follow the foregoing procedures exactly for any reason , modifications in the procedure shall be made as approved by the Engineer. In any event , the Contractor shall be responsible for the ultimate water tightness of the piping within the preceding requirements . 3 . 03 DISINFECTION A . The Contractor shall furnish and install suitable temporary connections to the piping , all necessary pressure pumps , hose , pipe connections , meters , gauges and other similar equipment , and all labor required , all without additional compensation for the disinfection of all required piping systems . Disinfection shall be conducted on the following systems : 1 Water main piping and valves . B . Conform to AWWA Standards and as modified herein . C . Maintain disinfectant for a minimum of 8 hours in such a manner that the entire system will be filled with water containing a minimum chlorine concentration of 50 ppm at any point . D , After the disinfecting agents have been permitted to remain for the specified contact periods , the water lines , and valves shall be thoroughly flushed with water until the residual chlorine tests are less than 2 PPM in each instance . The determination of the amount of residual chlorine in the system shall be made at such points and in accord with standard tests by means of a standard orthotolodine test set . 1- 3 . 04 BACTERIOLOGICAL SAMPLING A . It shall be the responsibility of the Contractor under this contract to perform the bacteriological testing required by the Florida Department of Environmental Protection and Indian River County to obtain clearance of the water main piping . The Contractor shall be responsible to disinfect and repeat testing as 01025-33 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc l% llilie el11 ee eye needed until clearance is obtained for all required plant systems . The Contractor shall be responsible to pay for additional water needed if the bacteriological testing must be repeated for the clearance of the ground storage tank . B . The piping systems require two (2 ) consecutive daily samples taken from the locations called out on the plans or as determined by the Engineer. The samples shall be taken at all the respective sample point locations . C . Sampling must be coordinated with Engineer and other construction activities so as to minimize re -sampling . D . Contractor shall submit schedule for bacteriological testing and pressure tests . E . The Contractor shall incur all costs needed to provide bacteriological clearance of the piping systems . 3 . 11 QUALITY CONTROL A . The laboratory and personnel collecting bacteriological samples shall be Florida State certified in accordance with FDEP requirements . + + END OF SECTION + + 010251,,34 Technical Specifications F : \Public Works\ENGINEER ING DIVISION PROJECTS \9810B-66th Ave Ph 2 4th St to 16th St\Admim \bid documents\Technical Specifications . doc � . Iv I ell APPENDIX `A ' PERMITS di Appendix A-Permits F :APublic Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\APPENDIX A - Permits . doe Ir L s d ^E§ q n- .,F. '� *r✓`f h` t � � �ycJ.` f{." AVA Rink Z, Cuu Florida Department of Govern Environmental Protection Jenniftt Calro, l Central District 1A . Cit crC01 3319 Maguire Boulevard, Suite 232 Ileischel " 1 . Vinyard Jr. Orlando, Florida 32803 -3767 Secrtan Notification of Use of General Permit Sent by E- Mail Permittee : Gordon Sparks , P . E . , Indian River Country Utilities Department Utility : Gordon Sparks , P . E . , Indian River County Utilities Engineer: Patrick S . Walther, P . E . , Carter Associates , Inc . Permit Number: WD31 -0039206-845 Project Name: 66th Avenue Water Main PWS No . : 3314052 Location : 66th Avenue R-O-W, starting at 4th Street , south approximately 830 LF , Project Description : Construction of 605 LF of 4" PVC water main , two- water main alterations to accommodate a storm sewer, three water main relocations and construction of four new water services . To the Permittee : Gordon Sparks , P . E . , Environmental Engineer In response to your request, this document is to advise you that the Department has received your notice of intent to use a general permit as provided in Chapter 62-555 , Florida Administrative Code ( F .A . C . ) , to construct a water distribution system extension . At this time, the Department is not objecting i to your use of such a general permit . Be advised that you are required to abide by all conditions in F .A . C . i Chapters 624 , 62-5507 62-555 , the general requirements for general permits , and Rule 62-555 . 405 , F.A . C. Also note that the permittee must promptly notify the Department upon sale or legal transfer of the permitted facility . This permit is transferable only upon Department approval . The new owner must apply , by letter, for a transfer of permit within 30 days . A Letter of Clearance must be issued by the Department prior to placement of this project into service. Failure to do so may result in the taking of appropriate enforcement action against the permittee . To obtain the clearance letter, the engineer-of-record must submit a " Request for Letter of Release to Place Water Supply System into Service" [ DEP Form 62-555 . 900 (9) , F. A . C. ] , a copy of this letter, and satisfactory bacteriological test results (with chlorine residuals indicated ) , taken on two consecutive days , Y _ from the following locations : 1 . At the two ends of the proposed 4 inch water main . 2 . The two altered water mains to accommodate another utility . 3 . The three water mains relocated and each of the newly constructed water service lines . Water sample forms must indicate specific recommended sample locations and the file number above. Permit expiration date is five years from the date of issuance . IL 6' a4 Richard S . Lott, P . G. , P . E . Central Drinking Water Program March 2 , 2012 RSL/dav/dav cc : gsparks@ircgov . com ; patw(a) carterassoc . com 70 77W 1 11 h q - d, 11 IFS R y1 r x.' v, Irk r: t 7 ` r4' aFor ' t fi. � . . � . r � ' ' ` �, ' sr t :a . % t 'ir 'x dr a ' �* � . ." .;Fil, ..�aAx �, ', c s > ,,r;..,r, ; ' R , �* .,, 5,,,` , . � t #s ,, sBE"' ry` �':Yt` ` ><: OFF, e Sit ][ ohns mver % I I Nater Management District Hans G . Tanzler III , Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P. O. Box 1429 • Palatka, FL 32178,E • ( 386) 3294500 On the Internet at floridaswater. com . January 20 , 2012 Indian River County 1801 27th St Vero Beach , FL 32960 Re : 66th Avenue Phase 2 Roadway Improvements - ( Ltr . Mod . ) Letter Modification Number 40-061- 69244- 4 ( Please reference the above number on any submittal) The St , Johns River Water Management District is in receipt of your request for letter modification r to Permit Number 40- 061- 69244- 3 . Based upon staff review of the information you submitted , the proposed modification qualifies for a letter modification pursuant to 40C-4 . 331( 1) (b) , Florida Administrative Code ( F . A . C . ) . A copy of the modified permit is enclosed for your records . 4 Please be advised that the District has not published a notice in the newspaper to advise the public that it is issuing this letter of modification . If you do not publish a notice in the newspaper , a party's right to challenge the issuance of this letter modification extends for an indefinite period of time . If you wish to have certainty that the period of filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation within the area that includes the project to which the modification applies . A copy of the form of the notice is attached for your use . If you have any questions , please contact Todd Eller at (386) 329 -4210 or Mark Crosby at (321) 676- 6631 or Melisa Diolosa at (321) 676 - 6622 . Sincerely , Victor Castro , Director Bureau of Regulatory Support IF cc : District Permit File G3IECE W D JAN 2 4 2012 INDIAN RIVER COUNTY ENGINFIERING DIVISION GOVERNING BOARD Lad Daniels , CHAIRMAN John A . Miklos , VICE CHAIRMAN Douglas C . BOurnlque , SECRETARY Maryam H . Ghyabl , TREASURER JACKSONVILLE ORLANDO VERO BEACH ORMOND BEACH Chuck Drake Richard G . Hamann George W. Robbins W. Leonard Wood ORLANDO GAINESVILLE JACKSONVILLE FERNANDINA BEACH kFir }Yax f3h � r � zVv IF T i 4 u d ,t •I» 11 1,4 1 AC A Alt A $ �" d" .. q'"&#a x �" r�- =,-� '� ' *, s#All . �" -. ,w . , +` ,` 7 " ;, }Yrs �'. ''s a r , ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 321784429 PERMIT NO . 40- 061- 69244- 4 DATE ISSUED : January 20 , 2012 PROJECT NAME : 66th Avenue Phase 2 Roadway Improvements - ( Ltr . Mod . ) A PERMIT AUTHORIZING : Construction of a Surface Water Management System with stormwater treatment by wet detention for 66th Avenue Phase 2 Roadway Improvements - ( Ltr , Mod , ) , a 34 , 58 - acre project to be constructed as per plans received on December 23 , 2011 , bridge plans received by the District on January 16 , 2012 , and revised Sheet EROS- 158 received on January 19 , 2012 , LOCATION : T Section (s) : 75 8 , 17 , 18 Township (s) : 33S Range (s) : 39E Indian River County ISSUED TO : Indian River County 1801 27th St Vero Beach , FL 32960 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages , claims , or liabilities which may arise from permit issuance , Said application , including all plans and specifications attached thereto , is by reference made a part hereof . This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein , nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies , All structures and works installed by permittee hereunder shall remain the property of the permittee . This permit may be revoked , modified or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes : PERMIT IS CONDITIONED UPON : See conditions on attached " Exhibit A" , dated January 20 , 2012 AUTHORIZED BY : St , Johns River Water Management District Division of Regulatory Services By : �J ' — John Juilianna Service Center Director A -Ilelli All 11 A%v � f.. - c " EXHIBIT A " CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061-692444 Indian River County DATED JANUARY 20 , 2012 1 . All activities shall be implemented as set forth in the plans , specifications and performance criteria as approved by this permit, Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit . Al 2 . This permit or a copy thereof, complete with all conditions , attachments , exhibits , and modifications , shall be kept at the work site of the permitted activity . The complete permit shall be available for review at the work site upon request by District staff, The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit . 3 . Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards , 4 , Prior to and during construction , the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on -site and to prevent violations of state water quality standards . All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988) , which are incorporated by reference , unless a project specific erosion and sediment control plan is approved as part of the permit , in which case the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment , beyond those specified in the erosion and sediment control plan , the permittee shall implement additional best management practices as necessary , in accordance with the specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988) . The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources . 5 . Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . 6 . At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No . 40C-4 . 900 (3) indicating the actual start date and the expected completion date . 7 , When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No . 40C-4 . 900 (4) . These forms shall be submitted during June of each year . 8 , For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system , such easement or deed restriction , together with any other final operation or maintenance documents as are required by subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant's Handbook : Management and Storage of Surface Waters , must be submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved . Deed restrictions , easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded 7 -777777 7w 77 77,777771t7771 % 7 -7 777 77 elel v z rah ..., ,. . , IL eIv 119 prior to lot or unit sales within the project served by the system , or upon completion of construction of the system , whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities , final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity . Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system . 9 . Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system . Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity . t 10 . Within 30 days after completion of construction of the permitted system , or independent portion of the system , the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law , utilizing As Built Certification Form 40C- 1 . 181 ( 13) or 40C- 1 . 181 ( 14) supplied with this permit . When the completed system differs substantially from the permitted plans , any substantial deviations shall be noted and explained and two copies of as- built drawings submitted to the District . Submittal of the completed form shall serve to notify the District that the system is ready for inspection . The statement of completion and certification shall be based on on - site observation of construction (conducted by the registered professional engineer , or other appropriate individual as authorized by law , or under his or her direct supervision) or review of as- built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications . As- built drawings shall be the permitted drawings revised to reflect any changes made during construction . Both the original and any revised specifications must be clearly shown . The plans must be clearly labeled as "as- built" or " record " drawing . All surveyed dimensions and elevations shall be certified by a registered surveyor . The following information , at a minimum , shall be verified on the as- built drawings : 1 . Dimensions and elevations of all discharge structures including all weirs , slots , gates , pumps , pipes , and oil and grease skimmers ; 2 . Locations , dimensions , and elevations of all filter , exfiltration , or underdrain systems including cleanouts , pipes , connections to control structures , and points of discharge to the receiving waters ; 3 . Dimensions , elevations , contours , or cross-sections of all treatment storage areas sufficient to determine state - storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems , when appropriate ; 4 . Dimensions , elevations , contours , final grades , or cross - sections of the system to determine flow directions and conveyance of runoff to the treatment system ; 5 . Dimensions , elevations , contours , final grades , or cross- sections of all conveyance systems utilized to convey off-site runoff around the system ; 6 . Existing water elevation (s) and the date determined ; and Elevation and location of benchmark(s) for the survey . 11 . The operation phase of this permit shall not become effective until the permittee has submitted the appropriate As- Built Certification Form , the District determines the system to be in compliance with the permitted plans , and the entity approved by the District in accordance with subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant' s Handbook : Management and Storage of Surface Waters , accepts responsibility for operation and maintenance of the system . The permit may not be transferred to such an approved 7VT V7 5� � F FI IF ,,. `' .:.. s . - ,y+ hS ` `s�.�-ter s �" `.� '`J ` ✓ �' ':;": lss , k :. ''�' �' '` , Y"d i In IF operation and maintenance entity until the operation phase of the permit becomes effective . Following inspection and approval of the permitted system by the District , the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity , if different from the permittee . Until the permit is transferred pursuant to section 7 . 1 of the Applicant' s Handbook : Management and Storage of Surface Waters , the permittee shall be liable for compliance with the terms of the permit . 12 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required . IF 13 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right , or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey any rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40C-40 , F . A. C . 14 . The permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . 15 . Any delineation of the extent of a wetland or other surface water submitted as part of the permit application , including plans or other supporting documentation , shall not be considered specifically approved unless a specific condition of this permit or a formal determination under rule 40C- 1 . 1006 , F . A . C . , provides otherwise . 16 . The permittee shall notify the District in writing within 30 days of any sale , conveyance , or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located . All transfers of ownership or transfers of a permit are subject to the requirements of rule 40C- 1 . 612 , F . A . C . The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale , conveyance or other transfer . 17 . Upon reasonable notice to the permittee , District authorized staff with proper identification shall have permission to enter , inspect , sample and test the system to insure conformity with the plans and specifications approved by the permit . 18 . If historical or archaeological artifacts are discovered at any time on the project site , the permittee shall immediately notify the District . 19 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate . 20 . At a minimum , all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities . To prevent reduction in storage volume and percolation rates , all accumulated sediment must be removed from the storage area prior to final grading and stabilization . 21 . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion , siltation , scouring or excess turbidity , and dewatering . 7F F IFIFIFIFIFIFIFIFIFIFIFIFIFIFIFIFIFIF IF IF IF In I S cy F If 41 e If Awl rr"+"o�' , ,,k5x ._,„ :x`tt x " , ; .4•.. .c r� r9i r ,j„ •: ' { , ,-;?""�.`+ed.? " * s� t E"n S" ` rya. ;,S.X c ' . �' ' ,z " " "` . . , - r 22 . The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted . The operation and maintenance entity must maintain a record of each required inspection , LL including the date of the inspection , the name , address , and telephone number of the inspector , and whether the system was functioning as designed and permitted , and make such record available for inspection upon request by the District during normal business hours . If at any time the system is not functioning as designed and permitted , then within 14 days the entity shall submit an Exceptions Report to the District , on form number 40C- 42 . 900 (6) , Exceptions Report for Stormwater Management Systems Out of Compliance . 23 . The proposed surface water management system shall be constructed in accordance with plans received by the District on December 23 , 2011 , bridge plans received by the District on January 16 , 2012 , and revised Sheet EROS - 158 received on January 19 , 2012 . 24 . This permit for construction will expire on April 15 , 2015 . 25 . This application is for the widening and paving of the existing two - lane roadway to a three- lane roadway . The stormwater treatment required for a five- lane roadway has not been demonstrated . Prior to beginning construction of the roadway to a five- lane roadway , a permit modification is required demonstrating that stormwater treatment has been provided for a five- lane roadway . 26 . This permit , and all associated conditions , supersedes permit number 40 - 061 - 69244- 3 . 27 . Prior to construction , the permittee must clearly designate the limits of construction on - site . The permittee must advise the contractor that any work outside the limits of construction , including clearing , may be a violation of this permit. V IV IA 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 Clerkno sjrwmd . com . within twenty-six (26) days of the District depositing the notice of 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 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 District decision (for those persons to whom the District does not mail or email actual notice) . A petition must comply with Sections 120 . 54(5) (b) 4 . and 120 . 569 (2) (c) , Florida Statutes , and Chapter 28 - 106 , Florida Administrative Code . The District will not accept a petition sent by facsimile (fax) , as explained in paragraph no . 4 below . 2 . Please be advised that if you wish to dispute this District decision , mediation may be available and that choosing mediation does not affect your right to an administrative hearing . If you wish to request mediation , you must do so in a timely-filed petition . If all parties , including the District, agree to the details of the mediation procedure , in writing , within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120 . 569 and 120 . 57 , Florida Statutes , the time limitations imposed by Sections 120 . 569 and 120 . 57 , Florida Statutes , shall be tolled to allow mediation of the disputed District decision . The mediation must be concluded within 60 days of the date of the parties ' written agreement , or such other timeframe agreed to by the parties in writing . Any mediation agreement must include provisions for selecting a mediator , a statement that each party shall be responsible for paying its pro- rata share of the costs and fees associated with mediation , and the mediating parties ' understanding regarding the confidentiality of discussions and documents introduced during mediation . If mediation results in settlement of the administrative dispute , the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute , the District will notify all the parties in writing that the administrative hearing process under Sections 120 . 569 and 120 . 57 , Florida Statutes , is resumed . Even if a parry chooses not to engage in formal mediation , or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions . 3 . A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120 . 569 and 120 . 57 (2) , Florida Statutes , where no material facts are in dispute . A petition for an informal hearing must also comply with the requirements set forth in Rule 28- 106 . 301 , Florida Administrative Code , 4 . 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 It 1 11 if I I elle de if !III It, .�'` .Y ,..;°'� > ° ;�s,�xt. ``y? tct .4u�, - 3 kx h x t r, , a,; ' 'ee '� �: 4 n v. s '. s z ' r € ait" Ii 11 t , u I , III r . r sA� _ » Pe I x S if I I IF I,v 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 . 5 . Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing . ( Rule 28 - 106 . 111 , Florida Administrative Code) . 6 . 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 . 7 . 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 . 8 . A District action is considered rendered , as referred to in paragraph no . 7 above , after it is signed on behalf of the District and filed by the District Clerk . 9 . Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no . 7 above will result in waiver of that right to review . NOR . Decision . DOC . 001 Revised 12 . 7 . 11 I If it f if fl, If ell tr I life fir _ On I - 1 In -5 ' `'In- . ,za .: .i, .� �' "` r5 ; ZI '�' '' - x ax, is - �; > sIle In IIn Ile -1 en, In Notice Of Rights 41 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Rights has been sent to the permittee : Indian River County 1801 27th St Vero Beach , FL 32960 This 20th day of January , 2012 . Victor Castro , Director Bureau of Regulatory Support St . Johns River Water Management District 4049 Reid Street Palatka, FL 32177 (386) 329-4570 Permit Number : 40- 061- 69244-4 r . . Wy. In . , , . „' e . , , . - _ - ., ., �. __ IF IF A,qs`'$;. v ` .' ° t..: 1 .,, o- , " ^` " °� '^ , FleIle A . `' 11 Fe 2 t v..f ' . r _ s�:r , `" Z RA 'I, ' ti � j '� �'• ' .S s . AAA NOTICING INFORMATION Dear Permittee : Please be advised that the St . Johns River Water Management District has not published a notice in the newspaper advising the public that it has issued a permit for this project . Newspaper publication , using the District ' s form , notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication , then there is a 21- day time limit to file a petition challenging the issuance of the permit . To close the point of entry for filing a petition , you may publish (at your own expense) a one -time notice of the District ' s decision in a newspaper of general circulation within the affected area as defined in Section 50 . 011 of the Florida Statutes . If you do not publish a newspaper notice , the time to challenge the issuance of your permit will not expire . A copy of the notice and a partial list of newspapers of general circulation are attached for your convenience . However, you are not limited to those listed newspapers . If you choose to close the point of entry and the notice is published , the newspaper will return to you an affidavit as proof of publication . Please submit this original affidavit of publication to : Victor Castro , Director Bureau of Regulatory Support 4049 Reid Street Palatka , FL 32177 If you have any questions , please contact the Bureau of Regulatory Support at (386) 329-4570 . A Sincerely , y� Victor Castro , Director Bureau of Regulatory Support I NN le IN IN I .. . . . . , . : ..;. a , � . ., y . .. . r _ .. , ^f ^; rIN e .IN I IN. tk sNN NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on ( Name and address of applicant) permit# The project is located in County, Section Township South , Range East . The permit authorizes a surface water management system on acres for known as The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St . Johns River Water Management District ( District) . Pursuant to Chapter 28 - 106 and Rule 40C - 1 . 1007 , Florida Administrative Code (F . A . C . ) , the petition must be filed (received ) either by delivery at the office of the District Clerk at District Headquarters , P . O . Box 1429 , Palatka FL 32178 - 1429 (4049 Reid St, Palatka , FL 32177) x or by e - mail with the District Clerk at Clerk@sjrwmd . com , within twenty six ( 26) days of the District depositing the notice of intended District decision in the mail (for those persons to whom the District mails actual notice) , within twenty-one (21) days of the District emailing notice of intended District decision (for those persons to whom the District emails actual notice) , or within twenty- one (21) days of newspaper publication of the notice of intended District decision (for those persons to whom the District does not mail or email actual notice) . A petition must comply with Sections 120 . 54( 5) ( b)4 . and 120 . 569 (2) (c) , Florida Statutes ( F . S . ) 7 and Chapter 28 - 106 , F . A . C . The District will not accept a petition sent by facsimile (fax) . Mediation pursuant to Section 120 . 573 , F . S . , is not available . A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka , Florida during the District's regular business hours . The District's regular business hours are 8 a. m . . 5 p . m . , excluding weekends and District holidays . Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a. m . on the next regular District business day. The District' s acceptance of petitions filed by e - mail is subject to certain conditions set forth in the District' s Statement of Agency Organization and Operation (issued pursuant to Rule 28 - 101 . 001 , Florida Administrative Code) , which is available for viewing at floridaswater . com . These conditions include , but are not limited to , the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District . Further , pursuant to the District' s Statement of Agency Organization and Operation , attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing . The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120 , Florida Statutes , Chapter 28 - 106 , Florida Administrative Code , and Rule 40C - 1 . 1007 , Florida Administrative Code . Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means the District's final action may be different from the position taken by it in this notice . Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing . ( Rule 28406 . 111 , F. A . C . ) . If you wish to do so , please visit http : //floridaswater . com/noticeofrights/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District' s intended decision (s) on the permit application (s) described above . You can also request the Notice of Rights by contacting the Director , Bureau of Regulatory Support ( RS) , 4049 Reid St . , Palatka , FL 32177- 2529 , tele . no . (386) 329-4570 . IN C NII N Ilk U�Nlz I It NN 11 NIP IN ' e Iy, itY`5is- .4�., t'h.;,*ag „ mss " + z :v,+„"�: r?, ' , =NN-K { , %> . h �,. € , i ` rId N ININ, IN >�f $''' 2 rosy 1IN . -#. , .. ; ',n> a aa NEWSPAPER ADVERTISING ALACHUA BAKER The Alachua County Record , Legal Advertising Baker County Press , Legal Advertising P . O . Box 806 P . O . Box 598 Gainesville , FL 32602 Maclenny , FL 32063 352- 377- 2444/ fax 352- 338 - 1986 904- 2591-- 2400/ fax 904- 259 - 6502 BRAFORD BREVARD Bradford County Telegraph , Legal Advertising Florida Today, Legal Advertising P . O . Drawer A P . O . Box 419000 Starke , FL 32901 Melbourne , FL 32941 - 9000 904- 964- 6305/ fax 904- 964- 8628 321- 242- 3832/ fax 321- 242- 6618 CLAY DUVAL Clay Today, Legal Advertising Daily Record , Legal Advertising 1560 Kinsley Ave . , Suite 1 P . O . Box 1769 Orange Park , FL 32073 Jacksonville , FL 32201 904- 264- 3200/ fax 904- 264- 3285 904- 356- 2466 / fax 904- 353 - 2628 t FLAGLER INDIAN RIVER Flagler Tribune , c/o News Journal Vero Beach Press Journal , Legal Advertising P . O . Box 2831 P . O . Box 1268 Daytona Beach , FL 32120 - 2831 Vero Beach , FL 32961- 1268 386- 681- 2322 772-221 - 4282/ fax 772- 978 -2340 LAKE MARION Daily Commercial , Legal Advertising Ocala Star Banner , Legal Advertising P . O . Drawer 490007 2121 SW 19th Avenue Road Leesburg , FL 34749 Ocala, FL 34474 352 - 365- 8235/fax 352-365 - 1951 352- 867-4010/fax 352- 867-4126 NASSAU OKEECHOBEE News - Leader , Legal Advertising Okeechobee News , Legal Advertising P . O . Box 766 P . O . Box 639 Fernandina Beach , FL 32035 Okeechobee , FL 34973 -0639 904- 261 - 3696/fax 904- 261- 3698 863- 763- 3134/fax 863 - 763 - 5901 ORANGE OSCEOLA Sentinel Communications , Legal Advertising Little Sentinel , Legal Advertising 633 N . Orange Avenue 633 N . Orange Avenue Orlando , FL 32801 Orlando , FL 32801 407-420- 5160/ fax 407- 420- 5011 407- 420- 5160/ fax 407 - 420- 5011 PUTNAM ST, JOHNS Palatka Daily News , Legal Advertising St . Augustine Record , Legal Advertising P . O . Box 777 P . O . Box 1630 Palatka, FL 32178 St , Augustine , FL 32085 386- 312- 5200/ fax 386- 312- 5209 904- 819-3436 SEMINOLE VOLUSIA Seminole Herald , Legal Advertising News Journal Corporation , Legal Advertising 300 North French Avenue P . O . Box 2831 Sanford , FL 32771 Daytona Beach , FL 32120- 2831 407- 323 - 9408 (386) 681- 2322 ell 11 11 1 e IWOit , S beedell Jpohhjn Ki V C; Kirby B. Green III , Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P. O. Box 1429 • Palatka , FL 32178- 1429 • (386) 3294500 May 19 , 2009 On the Internet at www. sjrwmd. com. el lie Christopher J Kafer _. lie , Indian River County 1801 27th St Vero Beach , FL 32960 MAY 2 0 2009 SUBJECT : Permit Number 40-061 .69244-2 JI le ell led ell _ N 66th Avenue Roadway Improvements = G r_ , . _ ___ _._ Dear Sir/Madam : Enclosed is your general permit as authorized by the staff of the St . Johns River Water Management District on May 19 , 2009 . This permit is a legal document and should be kept with your other important documents . The attached MSSW/Stormwater As - Built Certification Form should be filled in and returned to the Palatka office within thirty days after the work is completed . By so doing , you will enable us to schedule a prompt inspection of the permitted activity . In addition to the MSSW/Stormwater As- Built Certification Form , your permit also contains conditions which require submittal of additional information . All information submitted as compliance to permit conditions must be submitted to the Palatka office address . Permit issuance does not relieve you from the responsibility of obtaining permits from any federal , state and/or local agencies asserting concurrent jurisdiction for this work. Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project . Publication , using the District form , notifies members of the public ( third parties ) of their rights to challenge the issuance of the general permit . If proper notice is given by publication , third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish , a party's right to challenge the issuance of the general permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation . A copy of the form of the notice and a list of newspapers of general circulation is attached for your use . In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale and if you provide the information required by 40C- 1 . 612 , F . A. C . Please assist us in this matter so as to maintain a valid permit for the new property owner. GOVERNING BOARD ell Susan N. Hughes, cHAIRUAN W. Leonard Wood, VICE CHAIWA,v Hersey "Ill Huffman, SECRETARY Hans G . Tanzler III : TREASURER PONTE VEDRA FERNANDINA 6EACH ENTERPRISE JACKSONVILLE Douglas C. Bournique Michael Ertel David G. Graham Arlen N . Jumper Ann T. Moore VERO BEACH OiIEDO JACKSONVIIE FORT "AcCOY BUNNELL v We aAr reel mi leeq, Y. a �.: OK ell 0 ;, leso I el Al a� lee F 4z" Ile ell Ile el I JI le U N a) r,:; L : �- CIle (o IN pw- O L] C L U U +— " O ellLIVto C C �. O E _Uel O el C)) _U Q (� `� OIle e,� Ilefr' C c a L U ryle, elI5 c ° man cu cn cu Lrl % o � \ � � � 3 \�u o Co �, _3 oZ a) U U vemodbM O U O LL a) O <n f ell 1 , O c[S C MOOREOejell ell, oe a I Ile O a) >, 0 0 N C el CLO e L j O O �. (0 !� I Ile, Q (B C U O) • � "'WMIS U _C _> eel 0 � r i ' . , "` r . , . , .,, t .� ` ' . , , . F NiIF r. _ .: . .> �.,_. - ., ,q 'Rei NN ST . JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka , Florida 32178 -1429 PERMIT NO . 40-061 -69244-2 DATE ISSUED : May 19 , 2009 PROJECT NAME : 66th Avenue Roadway Improvements A PERMIT AUTHORIZING : Construction of a Surface Water Management System with stormwater treatment by underdrains and wet detention for 66th Avenue Roadway Improvements , a 9 . 68 - acre project to be constructed as per the phase 1 construction plans received by the District on January 23 , 2009 , and February 18 , 2009 . LOCATION . Section ( s ) : 5 , 6 , 7 , 8 , 17 , 18 Township ( s ) : 33S Range( s ) : 39E Indian River County Christopher J Kafer Indian River County 1801 27th St Vero Beach , FL 32960 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages , claims , or liabilities which may arise from permit issuance . Said application , including all plans and specifications attached thereto , is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein , nor relieve the permittee from complying with any law , regulation or requirement affecting the rights of other bodies or agencies . All structures and works installed by permittee hereunder shall remain the property of the permittee . This permit may be revoked , modified or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes : PERMIT IS CONDITIONED UPON : See conditions on attached " Exhibit A" , dated May 19 , 2009 AUTHORIZED BY : St . Johns River Water Management District Department of Resource Management By : ( Service Center Director - Palm Bay) John Juilianna 41, We " , -c71 . kell xc' e 11 %111 14 . ` a F ,. 1 , k s .Y - r J + ,, r 11 EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40 -061 =69244 =2 CHRISTOPHER J KAFER DATED MAY 195 2009 1 . All activities shall be implemented as set forth in the plans , specifications and performance criteria as approved by this permit . Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit . 2 . This permit or a copy thereof, complete with all conditions , attachments , exhibits , and modifications , shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit . 3 . Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards . 4 . Prior to and during construction , the permittee shall implement and maintain all erosion and sediment control measures ( best management practices ) required to retain sediment on-site and to prevent violations of state water quality standards . All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988 ) , which are incorporated by reference , unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment , beyond those specified in the erosion and sediment control plan , the permittee shall implement additional best management practices as necessary , in accordance with the specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988 ) . The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources . 5 . Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . 6 . At least 48 hours prior to commencement of activity authorized by this permit , the permittee shall submit to the District a Construction Commencement Notice Form No . 40C4 . 900 ( 3 ) indicating the actual start date and the expected completion date . 7 . When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No . 40C4 . 900 ( 4) . These forms shall be submitted during June of each year. 8 . For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system , such easement or deed restriction , together with any other final operation or maintenance documents as are required by subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant' s Handbook : Management and Storage of Surface Waters , must be submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved . Deed restrictions , easements and other operation and maintenance IF 1v le ek I'l l tnel lj, e I F6 Fee _ L % tiw".0. e64JA "�, A .,,�., i'v% . . ` ' '� a. ;4 - .E #. . `e% 4 ".y > F S 'aa ', z , yT,x Ill A ell% I IF documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system , or upon completion of construction of the system , whichever occurs first . For those systems which are proposed to be maintained by county or municipal entities , final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system . 9 . Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system . Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity . 10 . Within 30 days after completion of construction of the permitted system , or independent portion of the system , the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law , utilizing As Built Certification Form 40C. 1 . 181 ( 13 ) or 40C- 1 . 181 ( 14 ) supplied with this permit . When the completed system differs substantially from the permitted plans , any substantial deviations shall be noted and explained and two copies of as- built drawings submitted to the District. Submittal of the completed from shall serve to notify the District that the system is ready for inspection . The statement of completion and certification shall be based on on-site observation of construction ( conducted by the registered professional engineer, or other appropriate individual as authorized by law , or under his or her direct supervision ) or review of as- built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications , As- built drawings shall be the permitted drawings revised to reflect any changes made during construction . Both the original and any revised specifications must be clearly shown . The plans must be clearly labeled as " as - built" or " record " drawing . All surveyed dimensions and elevations shall be certified by a registered surveyor . The following information , at a minimum , shall be verified on the as -built drawings : 1 . Dimensions and elevations of all discharge structures including all weirs , slots , gates , pumps , pipes , and oil and grease skimmers ; 2 . Locations , dimensions , and elevations of all filter, exfiltration , or underdrain systems including cleanouts , pipes , connections to control structures , and points of discharge to the receiving waters ; 3 . Dimensions , elevations , contours , or cross- sections of all treatment storage areas sufficient to determine state-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems , when appropriate ; 4 . Dimensions , elevations , contours , final grades , or cross -sections of the system to determine flow directions and conveyance of runoff to the treatment system ; 5 . Dimensions , elevations , contours , final grades , or cross-sections of all conveyance systems utilized to convey off-site runoff around the system ; 6 . Existing water elevation ( s ) and the date determined ; and Elevation and location of benchmark( s ) for the survey. 11 . The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition 9 above , the District determines the system to be in compliance with the permitted plans , and the entity approved by the District in accordance with subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant' s Handbook : Management and Storage of Surface Waters , accepts responsibility for operation and maintenance of the system . The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes 67 LL Id VI effective . Following inspection and approval of the permitted system by the District , the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee . Until the permit is transferred pursuant to section 7 . 1 of the Applicant' s Handbook : Management and Storage of Surface Waters , the permittee shall be liable for compliance with the terms of the permit . 12 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required . 13 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right , or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey any rights or privileges other than those specified in the permit and chapter 40C4 or chapter 40C40 , F . A . C . 14 . The permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . 15 . Any delineation of the extent of a wetland or other surface water submitted as part of the permit application , including plans or other supporting documentation , shall not be considered specifically approved unless a specific condition of this permit or a formal ` determination under rule 40C- 1 . 1006 , F . A. C . , provides otherwise . i ' 16 . The permittee shall notify the District in writing within 30 days of any sale , conveyance , 4 or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located . All transfers of ownership or transfers of a permit are subject to the requirements of rule 40C. 1 .812 , F . A . C . The permittee transferring the I permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale , conveyance or other transfer. 17 . Upon reasonable notice to the permittee , District authorized staff with proper identification shall have permission to enter, inspect , sample and test the system to insure conformity with the plans and specifications approved by the permit. 18 . If historical or archaeological artifacts are discovered at any time on the project site , the permittee shall immediately notify the District . 19 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate . 20 . This permit for construction will expire five years from the date of issuance . 21 . At a minimum , all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities . To prevent reduction in storage volume and percolation rates , all accumulated sediment must be removed from the storage area prior to final grading and stabilization . 22 . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion , siltation , scouring or excess turbidity, and dewatering . Ilk I 144444444 Ilk Ilk 71 Ilk" 17 Ilk 41 k Ike. Ie I - ' . I a � x .E . 23 . Prior to construction h r . the permittee must clear) designate the limits of construction on p Y 9 site . The permittee must advise the contractor that any work outside the limits of construction , including clearing , may be a violation of this permit . 24 . This permit authorizes 0 . 24 of surface water impacts . No other impacts to wetlands or other surface waters are authorized under this permit . 25 . The project must be constructed and operated in accordance with the phase 1 construction plans received by the District on January 23 , 2009 , and February 18 , 2009 . 26 . The stormwater management system must be inspected by the operation and maintenance entity once within two years after the completion of construction and every two years thereafter to insure that the system is functioning as designed and permitted . If a required inspection reveals that the system is not functioning as designed and permitted , then within 14 days of that inspection the entity shall submit an Exceptions Report on form number 40C.42 . 900( 6 ) , Exceptions Report for Stormwater Management System Out of Compliance . The operation and maintenance entity must maintain a record of each required inspection , including the date of inspection , the name , address , and telephone number of the inspector , and whether the system was functioning as designed and permitted , and make such record available for inspection upon request by the District during normal business hours . Ilk �MIV� Ile keek eall Ilk ll' Ilei 13 .ykeK _ N F 4s A'%I It A xYee %01 ev, yi 5, ' , k zIe I— Notice Of Rights 1 . A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St . Johns River Water Management District ( District) . Pursuant to Chapter 28- 106 and Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must be filed ( received ) either by delivery at the office of the District Clerk at District Headquarters , P . O . Box 1429 , Palatka Florida 32178- 1429 ( 4049 Reid St . , Palatka , FL 32177 ) or by e- mail with the District Clerk at Clerk (asirwmd . com , within twenty-six ( 26 ) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice ) , within twenty-one ( 21 ) days of the District emailing notice of 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 District decision (for those persons to whom the District does not mail or email actual notice ) . A petition must comply with Sections 120 . 54( 5 )( b )4 . and 120 . 569(2 )( c ) , Florida Statutes , and Chapter 28- 106 , Florida Administrative Code . The District will not accept a petition sent by facsimile (fax ) , as explained in paragraph no . 5 below. Mediation pursuant to Section 120 . 573 , Florida Statutes , is not available . 2 . If the Governing Board takes action that substantially differs from the notice of District decision , a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District , but this request for administrative hearing shall only address the substantial deviation . Pursuant to Chapter 28- 106 and Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must be filed ( received ) at the office of the District Clerk at the mail/street address or email address described in paragraph no . 1 above , within twenty-six ( 26 ) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice ) , within twenty-one ( 21 ) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice ) , or within twenty-one ( 21 ) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice ) . A petition must comply with Sections 120 . 54( 5 )( b )4 . and 120 . 569 ( 2 )( c ) , Florida Statutes , and Chapter 28- 106 , Florida Administrative Code . Mediation pursuant to Section 120 . 573 , Florida Statutes , is not available . 3 . A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120 . 569 and 120 . 57( 1 ) , Florida Statutes , where there is a dispute between the District and the party regarding an issue of material fact . A petition for formal hearing must also comply with the requirements set forth in Rule 28- 106 . 201 , Florida Administrative Code . 4 . A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120 . 569 and 120 . 57 ( 2 ) , Florida Statutes , where no material facts are in dispute . A petition for an informal hearing must also comply with the requirements set forth in Rule 28- 106 . 301 , Florida Administrative Code . Ile re e IF ' 'Yi. yIle ek . a , � k � r Im 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 . Petitions received by the District Clerk after 5 : 00 p . m . , or on a Saturday , Sunday , or legal holiday, shall be deemed filed as of 8 : 00 a . m . on the next regular District business day. The District ' s acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District' s Statement of Agency Organization and Operation ( issued pursuant to Rule 28- 101 . 001 , Florida Administrative Code ) , which is available for viewing at www . sirwmd . com . These conditions include , but are not limited to , the petition being in the form of a PDF 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 . A person with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of their property, has the right to , within 30 days of receipt of the notice of District decision regarding a permit application , apply for a special magistrate proceeding under Section 70 . 51 , Florida Statutes , by filing a written request for relief at the Office of the District Clerk located at District Headquarters , P . O . Box 1429 , Palatka , FL 32178- 1429 ( 4049 Reid St . , Palatka , FL 32177 ) . A request for relief must contain the information listed in Subsection 70 . 51 (6 ) , Florida Statutes . Requests for relief received by the District Clerk after 5 : 00 p . m . , or on a Saturday, Sunday, or legal holiday , shall be deemed filed as of 8 : 00 a . m . on the next regular District business day. 9 . A timely filed request for relief under Section 70 . 51 , Florida Statutes , tolls the time to request an administrative hearing under paragraph nos . 1 or 2 above . ( Paragraph C 70 . 51 ( 1 0)( b ) , Florida Statutes ) . However, the filing of a request for an administrative hearing under paragraph nos . 1 or 2 above waives the right to a special magistrate proceeding . ( Subsection 70 . 51 ( 10 )( b ) , Florida Statutes ) . 10 . Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special magistrate proceeding . ( Subsection 70 . 51 ( 3 ) , Florida Statutes ) . WWI le r + , .. . ..el I . . M7 F eex IV Notice Of Rights 11 . Any person whose substantial interests are or may be affected who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373 . 617 , Florida Statutes , and the Florida Rules of Civil Procedures , by filing an action in circuit court within 90 days of rendering of the final District action , ( Section 373 . 617 , Florida Statutes ) . 12 . 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 . 13 . A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373 , Florida Statutes , may seek review of the order pursuant to Section 373 . 114 , Florida Statutes , by the Florida Land and Water Adjudicatory Commission , by filing a request for review with the Commission and serving a copy on the Florida Department of Environmental Protection and any person named in the order within 20 days of the rendering of the District order. 14 . A District action is considered rendered , as referred to in paragraph nos . 11 , 12 , and 13 above , after it is signed on behalf of the District , and is filed by the District Clerk . 15 . Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraph nos . 11 and 12 above , or for Commission review as described in paragraph no . 13 above , will result in waiver of that right to review . IT IF FIT 41 , r . III IT IF ve, IF I TI IF III Fell n ITT I �. c (D U) 41 cI IF IFI FIT IT I I 'TIF c� t 0) 0 Fee FIT ai U � . O v Z IF s d c N11TI �lvlp O 0 Q) V N I FI V N r+ E ,� y- Z O 0) can d7 co V O c 0 1% FIT cu oN c I ITT ME o o I% I �. 0 0 I TAT, Q, `t O p cIF TV rn IT, cu IT 0 H c� _ 1 11 C) mo — N _jIw 3 CD IF I4140 0 I Fee U �N 0 O —� (+U N O kITeeY WO —� p� 0 L XON T IF IF FIT O —� (� � LL OUr > mMc�- � FFrLFIF _ O > L U O J FeeO +J ca d O N U LL dj O FIT, _ � 0 O C t � cNZ TI + ' C 00 O O �C UIT cD O d U (n fQ (D ITT IN 'IN IN IN St . :ter 1' a� p'ement District Kirby B. Green 111, Executive Director • David w: Fisk, Assistant .Executive Director 4049 Reid Street • P.C . Box- 1429 • Palatka, FL 32178- 1429 • (386) 329-4500 Dn the Internet at www.sjrwmd.com. Holders of General Permits Dear Permittee : Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication , using the District form , notifies members of the public (third parties ) of their rights to challenge the issuance of the permit . If proper notice is given by publication , third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit . To confirm the period for filing such a challenge is closed , you may publish (at your own expense ) a notice in a newspaper of general circulation within the affected area . If you do not publish , a person 's right to challenge the issuance of the general permit extends for an indefinite period of time . A copy of the form of the notice and a list of newspapers of general circulation commonly used by the District is attached for your use . However, you do not have to use only those newspapers listed and this publication need only appear once . When the notice is published , the newspaper will return to you an affidavit as proof of publication . To complete your file with the District , submit this original affidavit of publication to : Gloria Lewis , Director Division of Regulatory Information Management P . O . Box 1429 Palatka , FL 32178- 1429 ( 386 ) 3294235 Enclosed is a sample package used for newspaper noticing by the District. Particular attention should be given to Pages 2 and 3 for successful completion of the newspaper noticing process . If we can be of further assistance , please contact Shannon Barican at (386 ) 3294266 or Quenteria Johnson at (386 ) 329-4349 . Sincerely , Gloria Lewis , Director Division of Regulatory Information Management GOVERNING BOARD Susan N . Hughes. cHAPs N W. Leonard VVood , VME CHAIRtaAN Hersey, "Herky.' Huffman. 9ECP.ETARv Hans G. Tanzier IIt, TrmAsuRER POWE VERA FSRNAUMNA BEACHENTEAPAESE JACKSONV LL Douglas G. Hournique Nlichaef- Erzel David u . Graham Arien N.Jumper Ann T. Moore VEROREACH DIEM JACKSCNVIC,LE - f-0RIWCOT EUPNEU r P. FININ 11 In, '1��Nl v e'le Feel IN Ip v F IF NOTICE OF AGENCY ACTION TAKEN BY THE ST . JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on ( Name and address of applicant ) permit # The project is located in County Section , Township South , Range East . TheP ermit authorizes A SURFACE WATER MANAGEMENT SYSTEM ON ACRES TO SERVE known as The receiving water body is The file ( s ) containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays , 8 : 00 a . m , to 5 : 00 p . m . at the St . Johns River Water Management District ( District ) Headquarters , 4049 Reid Street , Palatka , FL 3217 & 1429 . A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120 . 569 and 120 . 57 , Florida Statutes , or may choose to pursue mediation as an alternative remedy under section 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement . The procedures for pursuing mediation are set forth in section 120 . 573 , Florida Statutes , and rules 2 & 106 . 111 and 2 & 106 . 401 - . 404 Florida Administrative Code . Petitions must comply with the requirements of Florida Administrative Code Chapter 28- 106 and be filed with ( received by) the District Clerk located at District Headquarters , Highway 100 West , Palatka , FL 32177 . Petitions for administrative hearing on the above application (s ) must be filed within twenty-one (21 ) days of publication of this notice or within twenty- six (26 ) days of the District depositing notice of this intent in the mail for those persons to whom the District mails actual notice . Failure to file a petition within this time period shall constitute a waiver of any right(s ) such person ( s ) may have to request an administrative determination ( hearing ) under sections 120 . 569 and 120 . 57 , F . S . , concerning the subject permit . Petitions that are not filed in accordance with the above provisions are subject to dismissal . Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means that the District' s final action may be different from the position taken by it in this notice of intent . Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding , in accordance with the requirements set forth above . Revised August 27, 2007 Z H:/pds/data/Holders of General Permits .� ,., Po. G ,r. Orlando , FL 32801 (386 ) 7404503 /fax (386 ) 736-8972 FIE W� 407-420-5160/fax 407-420-5011 INDIAN RIVER ALACHUA Vero Beach Press Journal POLK The Alachua County Record Lakeland Ledger Publishing Co . Legal Advertising Legal Advertising P . 0 . Box 1268 Legal Advertising P , O . Box 806 P . 0 . Box 408 Gainesville , FL 32602 Vero Beach , FL 32961 - 1268 Lakeland , FL 33802 7 352-377-2444/fax 352-338- 1986 72-978-2214/fax 772-978-2340 863-802-7355/fax 863-802-7814 BAKER LAKE Daily Commercial PUTNAM Baker County Press Palatka Daily News Legal Advertising Legal Advertising Legal Advertising P . 0 . Drawer 490007 P . O . Box 598 P . 0 . Box 777 Leesburg , FL 34749 Maclenny , FL 32063 Palatka , FL 32178 3 904-259-2400ffax 904-259-6502 52-365-8230/fax 352-365- 1951 MARION 386-312-5200/fax 386-312-6664 BRADFORD Ocala Star Banner, Legal Advertising ST. JOHNS Bradford County Telegraph St, Augustine Record 2121 SW 19 Avenue Road Legal Advertising Legal Advertising Ocala, FL 34474 P . O . Drawer A P . O . Box 1630 Starke , FL 32901 352-867-4010/fax 352-8674126 St, Augustine , FL 32085 904-964-6305/fax 904-964-8628 NASSAU News-Leader, Legal Advertising 904-829-6562/fax 904-819-3559 BREVARD P . O . Box 766 SEMINOLE Florida Today , Legal Advertising Seminole Herald Fernandina Beach , FL 32035 P . O . Box 419000 Legal Advertising 904-261 -3696/fax 904-261 -3696 Melbourne, FL 32941 -9000 300 North French Avenue 321 -242-3500/fax 321 -242-6618 OKEECHOBEE Okeechobee News Sanford , FL 32771 CLAY Legal Advertising 407-322-2611 /fax 407-323-9408 Clay Today, Legal Advertising P . O . Box 639 VOLUSIA 1560 Kinsley Ave . , Suite 1 News Journal Corporation Okeechobee , FL 34973-0639 Orange Park, FL 32073 Legal Advertising 904-264-3200/fax 904-269-6958 863-763-3134/fax 863-763-5901 P . O . Box 2831 DUVAL ORANGE Sentinel Communications Daytona Beach , FL 32120-2831 Florida Times Union Legal Advertising Legal Advertising (386) 740-4503 /fax (386 ) 736-8972 1 Riverside Avenue 633 N . Orange Avenue Jacksonville , FL 32202 Orlando , FL 32801 904-3594321 /fax 904-3594180 407420-5160/fax 407420-5011 FLAGLER OSCEOLA Little Sentinel Flagler Tribune , Go News Journal P . O . Box 2831 Legal Advertising Daytona Beach , FL 32120-2831 633 N . Orange Avenue Revised August 27, 2007 3 H:/pds/data/Holders of General Permits AAM Inn in 1 41 Uzpq nI c/ ttt� ILI 1-WF�1 w z ¢ O O C 9 9 oU O a wCAO 0 z 5 � � z oow w C ¢ I LL H O v0 w Q Oo ¢ ¢ w W N W paW U H Ln cn H x w rn zz p , N F-4W CrN O z p p OU, � 'a"' U v pq z 0x0 W� �nv� C7 0 Cn0aq � In Viz ¢ � U aZ La �naa O OILI � o nI ILI �, wqI a COOO W In LL I In In ate ' q z F + U C7 � � � O v In a AII a O w w r 1 IN rrc ' " % t n IN NJI IN e FORM EN.45 40C4, F.A.C. 40C42, F.A.C. MSSW/STORMWATER AS -BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL * PERMIT NUMBER : PROJECT NAME : INSPECTION DATE (S ) : I HEREBY CERTIFY THAT ALL COMPONENTS OF THIS STORMWATER MANAGEMENT SYSTEM HAVE BEEN B= SUBSTANTIALLY IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND IS READY FOR INSPECTION, ANY SUBSTANTIAL DEVIATIONS (NOTED BELOW) FROM THE APPROVED PLANS AND SPECIFICATIONS WILL NOT PREVENT THE SYSTEM FROM FUNCTIONING IN COMPLIANCE WITH THE REQUIREMENTS OF CHAPTERS 40C4, 40C411 OR 40C42, F.A.C . (AS APPLICABLE), WHEN PROPERLY MAINTAINED AND OPERATED, THESE DETERMINATIONS HAVE BEEN BASED UPON ON-SITE OBSERVATION OF THE SYSTEM CONDUCTED BY ME OR BY MY DESIGNEE UNDER MY DIRECT SUPERVISION AND/OR MY REVIEW OF AS-BUILT PLANS CERTIFIED BY A REGISTERED PROFESSIONAL OR LAND SURVEYOR LICENSED IN THE STATE OF FLORIDA. NAME (please print) SIGNATURE OF PROFESSIONAL COMPANY NAME FLORIDA REGISTRATION NUMBER COMPANY ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NUMBER (Affix Seal) SUBSTANTIAL DEVIATIONS FROM THE APPROVED PLANS AND SPECIFICATIONS : (NOTE: ATTACH TWO COPIES OF AS-BUILT PLANS WHEN THERE ARE SUBSTANTIAL DEVIATIONS) WITHIN 30 DAYS OF INSPECTION OF THE SYSTEM, SUBMIT TWO COPIES OF THIS FORM TO : DIVISION OF PERMIT DATA SERVICES ST, JOHNS RIVER WATER MANAGEMENT DISTRICT P. O . BOX 1429 PALATKA, FL 32178- 1429 * A REGISTERED PROFESSIONAL IS DEFINED IN SUBSECTION 40C42.021 ( l ) AS "A PROFESSIONAL REGISTERED IN FLORIDA WITH THE NECESSARY EXPERTISE IN THE FIELDS OR HYDROLOGY, DRAINAGE, FLOOD CONTROL, EROSION AND SEDIMENT CONTROL, AND STORMWATER POLLUTION CONTROL TO DESIGN AND CERTIFY STORMWATER MANAGEMENT SYSTEMS" . EXAMPLES OF REGISTERED PROFESSIONALS MAY INCLUDE PROFESSIONAL ENGINEERS LICENSED UNDER CHAPTER 471 , F.S ., PROFESSIONAL LANDSCAPE ARCHITECTS LICENSED UNDER CHAPTER 481 , F.S ., AND PROFESSIONAL GEOLOGISTS LICENSED UNDER CHAPTER 492, F.S-, WHO HAVE THE REFERENCED SKILLS . FORM 40C- 1 . 181 ( 13) EFFECTIVE 321/93 FORM EN46 40049 F:A.C. 40C41 , F.A. C. 40C409 F.A.C. MSSW STORMWATER REGISTERED PROFESSIONAL ' S * INSPECTION REPORT PERMIT NUMBER : PROJECT NAME : INSPECTION DATE (S) : INSPECTION RESULTS : (CHECK ONE) I HEREBY VERIFY THAT I OR MY DESIGNEE UNDER MY DIRECT SUPERVISION HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT THE SYSTEM APPEARS TO BE FUNCTIONING IN ACCORDANCE WITH THE REQURtEMENTS OF THE PERMIT AND CHAPTERS 40C-4 , 40C-41 , OR 40C-42, F.A.C. , (AS APPLICABLE). THE FOLLOWING NECESSARY MAINTENANCE WAS CONDUCTED: I HEREBY CERTIFY THAT I OR MY DESIGNEE UNDER MY DIRECT SUPERVISION HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT THE SYSTEM DOES NOT APPEAR TO BE FUNCTIONING IN ACCORDANCE WITH THE REQUIREMENTS OF THE PERMIT AND CHAPTERS 40C4 , 40C415 OR 40C-42 , F.A .C. , (AS APPLICABLE). I HAVE INFORMED THE OPERATION AND MAINTENANCE ENTITY OF THE FOLLOWING: (A) THAT THE SYSTEM DOES NOT APPEAR TO BE FUNCTIONING PROPERLY, (B) THAT MAINTENANCE IS REQUIRED TO BRING THE SYSTEM INTO COMPLIANCE, AND (C) IF MAINTENANCE MEASURES ARE NOT ADEQUATE TO BRING THE SYSTEM INTO COMPLIANCE, THE SYSTEM MAY HAVE TO BE REPLACED OR AN ALTERNATIVE DESIGN CONSTRUCTED SUBSEQUENT TO DISTRICTSAPPROVAL. NAME (please print) SIGNATURE OF PROFESSIONAL COMPANY NAME FLORIDA REGISTRATION NUMBER COMPANY ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONENUMBER (Affix Seal ) WITHIN 30 DAYS OF COMPLETION OF THE SYSTEM, SUBMIT TWO COPIES OF THIS FORM TO: DEPARTMENT OF RESOURCE MANAGEMENT DIVISION OF PERMIT DATA SERVICES ST, JOHNS RIVER WATER MANAGEMENT DISTRICT P.O . BOX 1429 PALATKA, FL 32178- 1429 * A REGISTERED PROFESSIONAL IS DEFINED IN SUBSECTION 40C42 ,021 ( l ) AS "A PROFESSIONAL REGISTERED IN FLORIDA WITH THE NECESSARY EXPERTISE IN THE FIELDS OR HYDROLOGY, DRAINAGE, FLOOD CONTROL, EROSION AND SEDIMENT CONTROL, AND STORMWATER POLLUTION CONTROL TO DESIGN AND CERTIFY STORMWATER MANAGEMENT SYSTEMS" . EXAMPLES OF REGISTERED PROFESSIONALS MAY INCLUDE PROFESSIONAL ENGINEERS LICENSED UNDER CHAPTER 471 , F.S ., PROFESSIONAL LANDSCAPE ARCHITECTS LICENSED UNDER CHAPTER 481 , F.S ., AND PROFESSIONAL GEOLOGISTS LICENSED UNDER CHAPTER 492 , F.S ., WHO HAVE THE REFERENCED SKIIJ_S , FORM 40C- 1 . 181 ( 15) EFFECTIVE 321 /93 I J11 FORM EN-47 40C42 F.A.C. STATEMENT OF INSPECTION REPORT PERMIT NUMBER : PROJECT NAME : INSPECTION DATE (S ) : STORMWATER MANAGEMENT SYSTEM INSPECTION RESULTS : (CHECK ONE) I HEREBY VERIFY THAT I OR MY AUTHORIZED AGENT HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCEDED PROJECT AND THAT IT APPEARS TO BE FUNCTIONING ACCORDING TO THE REQUIREMENTS OF THE PERMIT AND CHAPTER 40C - F.A.C. THE FOLLOWING NECESSARY MAINTENANCE WAS CONDUCTED : I HEREBY CERTIFY THAT I OR MY AUTHORIZED AGENT HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT THE SYSTEM DOES NOT APPEAR TO BE FUNCTIONING IN COMPLIANCE WITH THE REQUIREMENTS OF THE PERMIT AND CHAPTER 40C42, F. A . C . I UNDERSTAND THE FOLLOWING: (A) THAT MAINTENANCE IS REQUIRED TO BRING THE SYSTEM INTO COMPLIANCE, AND (B) IF MAINTENANCE MEASURES ARE NOT ADEQUATE TO BRING THE SYSTEM INTO COMPLIANCE, THE SYSTEM MAY HAVE TO BE REPLACED OR AN ALTERNATIVE DESIGN CONSTRUCTED SUBSEQUENT TO DISTRICT APPROVAL. I WILL CONDUCT THE FOLLOWING MAINTENANCE WITHIN 15 DAYS: SIGNATURE DATE NAME (please print) TTnE COMPANY/AGENCY NAME PHONE ADDRESS WITHIN 30 DAYS OF INSPECTION OF THE SYSTEM, SUBMIT TWO COPIES OF THIS FORM TO: DIVISION OF PERMIT DATA SERVICES ST. JOHNS RIVER WATER MANAGEMENT DISTRICT P.O . BOX 1429 PALATKA, FL 321784429 3 FORM 40C- 1 . 181 ( 16 ) EFFECTNE 3/21/93 If If I If ST . JOHNS RIVER WATER MANAGEMENT DISTRICT CONSTRUCTION COMMENCEMENT NOTICE ST . JOHNS RIVER WATER MANAGEMENT DISTRICT POST OFFICE BOX 1429 PALATKA, FL 321784429 PROJECT: PHASE : I hereby notify the St. Johns River Water Management District that the construction of the surface water management system authorized by Environmental Resource Permit No . has commenced/is expected to commence on 20 , and will require a duration of approximately _ months weeks days to complete . It is understood that should the construction term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction form no . 40C4 , 900(4) . PLEASE NOTE : If the actual construction commencement date is not known, District staff should be so noted in writing in order to satisfy permit conditions . Permittee ' s or Title and Company Date Authorized Agent ' s Signature Phone Address 1 Form No . QC 4 .900(3) IN eNa ILLNNy LI f 41 cn cn U I NIzIN 0 �InL 14 NX ON w NIL I NIL O U N H O N JAMJa I IN � Cd O `� Q ," co U r49 IN - oncon aLILL W y N U IN IN NI� N rn 4 p H O o OIN PQcd ,� o IN IN a a ` O a U ,rye I'--1 / LF \ (� Q p LILL I IN € O O w A o U a bIn U Z o Z b w DIN, 15 Z I Iw s PUS r r�Ui P, U L%� '� Ln Q 11 111 L I . . ,, h p �111 11 1 1 ,:I.Ael, - Ill „� ee� v .^r, ., t ,. ..�ell - ”- J , . .t 'NfYN . ..�} 'k , 'x » Use „ `It 1"15% 11K Al 'IntAll4I III #at I atrIt ,' 1 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS COCOA REGULATORY OFFICE 400 HIGH POINT DRIVE, SUITE 600 REPLY TO COCOA, FLORIDA 32926 ATTENTION OF JAN 2 5 2012 Regulatory Division North Permits Branch IRE C E WEB Cocoa Permitting Section SAJ-2008-04474 (NW-MAM) FEB - 6 2012 INDIAN RIVER COUNTY ENGINEERING DIVISION Indian River County Board of County Commissioners Attn : Christopher J . Kafer 1801 27th Street Vero Beach, FL 32960 Dear Mr . Kafer : Your application for a Department of the Army permit received on December 23 , 2011 , and completed on January 17, 2012, has been assigned number SAJ-2008-04474 (NW-MAM) . A review of the information and drawings provided shows that the proposed work is to culvert and fill 0 . 98 acre of ditches considered jurisdictional waters of the United States and to install a bridge over the Main Relief Canal for the "66th Avenue Roadway Improvements Phase 2 " project. The proposed activity is located within man-made drainage surface waters (ditches) along 66th Avenue between 4th Street and 16th Street, ( Sections 7 , 8 , 17 , 18 ; Township 33 South ; Range 39 East), Vero Beach, in Indian River County, Florida. The aspect of your project involving the construction of a bridge over the Main Relief Canal, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 25 . The aspect of your project involving the piping and filling of 0 . 98 acres of drainage ditches for roadway improvements to 66th Avenue, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 46 . In addition, project specific conditions have been enclosed . This verification is valid until the NWP is modified, reissued, or revoked prior to March 18 , 2012 . It is incumbent upon you to remain informed of changes to the NWPs . We will issue a public notice when the NWPs are issued . Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U . S . Army Corps of Engineers' (Corps) Jacksonville District' s Regulatory webpage to access web links to view the Final Nationwide Permits, Federal Register Vol . 72 , dated March 12 , 2007 , the Corrections to the Final Nationwide Permits, Federal Register 72 , May 8 , 2007, and the List of Regional Conditions . The website address is as follows : http : //www . sai . usace . armv . mii/Divisions/Regulatory/sourcebook htm . Please be aware this web address is case sensitive and should be entered as it appears above . Once there you will need to click on "Nationwide Permits . " These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWPs 25 and 46 . Additionally, enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations . You must comply with all of the 77 W 771W 10 A F � . 141 , v — 2 — special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action . In the event you have not completed construction of your project within the specified time limit, a separate application or re-verification may be required . The following project specific conditions are included with this verification : 1 . Self- Certification : Within 60 days of completion of the work authorized, the attached " Self-Certification Statement of Compliance " must be completed and submitted to the U . S . Army Corps of Engineers . Mail the completed form to the Regulatory Division, Enforcement Section, Post Office Box 4970 , Jacksonville, Florida 32232- 0019 . 2 . Fill Material : The Permittee shall use only clean fill material for this project . The fill material shall be free from items such as trash, debris, automotive parts , asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance , in toxic amounts in accordance with Section 307 of the Clean Water Act. 3 . Erosion Control : Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers , or a combination of similar stabilizing materials to prevent erosion . The erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized . 4 . Cultural Resources/Historic Properties : No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant ' s/Permittee ' s behalf, shall conduct a search of known historical properties by contracting a professional archaeologist, contacting the Florida Master Site File at 850-245 - 6440 or SiteFile (&dos . state . fl . us . The Applicant/Permittee can also research sites in the National Register Information System (NRIS ) . Information can be found at http : //www . cr, nps . gov/nr/research/ . If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to : pottery, modified shell, flora, fauna, human remains, ceramics , stone tools or metal implements, dugout canoes or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245 - 6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations . Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325 . 7 . le el l44Ke4 — 3 — In the unlikely event that human remains are identified , they will be treated in accordance with Section 872 . 05 , Florida Statutes ; all work in the vicinity shall immediately cease and the local law authority, the State Archaeologist ( 850-245 -6444), and the Corps Regulatory Project Manager shall immediately be notified . Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps . 5 . Regulatory Agency Changes : Should any other regulatory agency require changes to the work authorized or obligated by this permit, the Permittee is advised that a modification to this permit instrument is required prior to initiation of those changes . It is the Permittee ' s responsibility to request a modification of this permit from the Cocoa Regulatory Office , 6 . Eastern Indigo Snake Protection Measures : The Permittee shall comply with U . S . Fish and Wildlife Service' s " Standard Protection Measures for the Eastern Indigo Snake " dated February 12, 2004 and provided in Attachment 1 of this permit. " This letter of authorization does not obviate the necessity to obtain any other Federal , State, or local permits, which may be required . In Florida, projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under § . 373 . 069 , F . S . , or a local government with delegated authority under § . 373 .441 , F . S . , and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for the use of sovereign submerged lands . It is recognized that you have received approval for the proposed work from the St. Johns River Water Management District, ERP No . 40-061 - 56450-7 . If you are unable to access the internet or require a hardcopy of any of the conditions or limitations for the above referenced NWP, please contact Miguel A . Mozdzen by telephone at 321 - 504 - 3771 , ext . 26 or by email at miguel . a . mozdzen@usace . army . mil . Thank you for your cooperation with our permit program . The Corps Jacksonville District Regulatory Division is committed to improving service to our customers . We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey : http : //per2 .nwp . usace . army .mil/survey. html . Your input is appreciated — favorable or otherwise . Sincerely, Miguel A . Mozdzen Project Manager Inn In `n In nK nn 21 �nn I In VIIVI Inn ne NI I�cn Int In #3 t — : s }n, Ir jr Ir.In i.. N .r 3 U �U+ spa, vi 4 In a 0 C W n LI r% Ina U U U U r3 r lrrr 44 ylr GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1 . The time limit for completing the work authorized ends on date(s) identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached . 2 . You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit . You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office , which may require restoration of the area. 3 . If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found . We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places , 4 . If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization . 5 . If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience , a copy of the certification is attached if it contains such conditions . 6 . You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 1 11 IN IN I IN1 1%�, N- IN to t IN N��. ,. - % a a SELF- CERTIFICATION STATEMENT OF COMPLIANCE Permit Number : NWP-25/46 Application Number : SAX2008-04474 (NWP-MUM) Permittee ' s Name & Address (please print or type) : Telephone Number : Location of the Work : Date Work Started : Date Work Completed : Description of the Work (e . g . , bank stabilization, residential or commercial filling, docks, dredging, etc . ) : Acreage or Square Feet of Impacts to Waters of the United States : Describe Mitigation completed ( if applicable) : Describe any Deviations from Permit (attach drawing( s) depicting the deviations) : * * * * * * * * * * * * * * * * * * * * I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit . Any deviations as described above are depicted on the attached drawing( s) . Signature of Permittee Date 1WW"44M 79W 77, rwmW ,7 'IN 11 IN DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAX2008- 04474 (NWP-MAM) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner( s) of the property . Although the construction period for works authorized by Department of the Army permits is finite the permit itself, with its limitations does not expire To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions , have the transferee sign and date below and mail to the U . S . Army Corps of Engineers , Enforcement Section, Post Office Box 4970 , Jacksonville , FL 32232- 0019 . (TRANSFEREE-SIGNATURE) (SUBDIVISION) (DATE) (LOT) (BLOCK) (STREET ADDRESS) (NAME-PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) Too, Voeffir it Lee LIT It LIL 144 Lt 4 Ll INDIAN RIVER CFLORIDA7111, el le LI a aWF G30O LaDD � Q � � [ I� LF ILIFU k . � 7G CR� � eco � � � � � �' G� REF9 7r PROJECT N0. 9810 -6 isa,dNo w COVER SHEET .. ... .. .. ... . .... . SHEE1 I sJ S. J. R. W. M. D. APPLICATION PLAN & PROFILES .... . .. \ e<sn<,v 9 .. .. ... .. .. .. . .. .. . ..SHEETS 22 - 67 FE[esueee • ca 1\\ i TYPICAL SECTION .. ... I. .... . .. . . . . .. .. .. . . .... . . . . ... .. SHEETS 68 FIAT ES/A IES MICRO BOARD OF COUNTY COMMISSIONERSLZ SR. 60 \✓ O \EACH l% WESLEY S. DAVIS ha '� ' . „~ \ JOSEPH E. FLESCHER d C7 oC GARY C. WHEELER i. ? E qit PETER D . O 'BRYAN s „ j r, _ r ::3 f5� z .a ' " A•' A BOB SOLARI as o N DEPARTMENT OF PUBLIC WORKSJ j THIS PROJECT BARTER ASSOCIATES INC o 0 0y (CONSULTING ENGINEERS AND N 'p CHRISTOPHER R. MORA, P. 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IF, in 4 l 6 F 11 14 I FI 5 n:I VIA, 14In + 37+6d __.... .___ . 4% 11 11111 11 1 +00 12 COUNTY PROJECT NO, 96R)-e CARTER ASSOCIATES, INC BRRY•80CTiG AYQ:160JE CONSULTING ENGMEERS AND LANG SURVEYORS IIoAL 66TH AVENUE PLAN AND PROFILE gH WOAOIYAtl 666'WOYEeR6ItlT6 1706 2191 STREET, VERO BEACH, FL 12860 61nce 1011 PHASE2 ; , eNOux RIY6R COUNTY , FLORIDA PHONE, 771-562-4191 '-� STA 90+00 TO STA 92400 4 9 fA%: 772-562-7160 e IF IF IF: Z IF IF IF -IF III LcII It If If IF I IF vF All 4111 tj In I IF IFF, IF 91 FIF IF I fI 'IF 7-41 3 �{Ic It, IF 14 EXISTING EXISTING 'j�a 26 WEST CONSTRUCTION . PROPOSED R - O -- W E.0 ZION tINF LAST ADDITIONAL - H 0 - W IF 5K 11 1 IF L_ - - PUBLIC R O-- W _ 26 IF .. cC -.-__ — _ pI� 'Y - 2S _ § T. a . -- - -' 11, 25 ' -- IF I IF 24 ELF IF I22 6 �—y F-1 IV I2a y . , IF , - . . . CID ,..... k IF IF IF �- /1IF, KK FIN22 AFFIFFIA 1 1 , If N � N O I IF IL etI40VII IF b C . ' - . - _ . . _ . .. 00 " P �;a `I 1 PROPOSED Rcr, / I If SURFACE WATER 'ORDINARY HIGH IN a - C s' IF, IFIF IMPACT AREA I ( WATER LEVEL (OHWL) . rb IF %4 IF I TO BE FILLED - - -�/ If 9 IF 16 IF — 4 0 . . . — 20 . . 11 20 40 60IF IF IF aFee +:. I IF ILL" IV IMF IF z IF IF At It IF 'It IF NO _ _ REFI 5jQN DAIL DICEII :I w° —_ COUNTY PROJECT NO, 981O-B L CARTER ASSOCIATES, INC. ' '` -- - —j-- &K7,10SIXTH A°y5ulda °N^ a, onoIII _ - 1 --- , ROA�(�yAY; MpRoymm 4N w� CONSULTING ENGINEERS AND LAND SURVEYORS _ {,{{y tA� Serving Florida 66TH AVENUE SHFE7 r °P" r '99 1708 21st STREET, YERO BEACH , FL 32960 - �- 1 , Since 1811 _ PHASE2 � -- INDIAN RIVER COUNTY , FLORIDA sere SURFACE WATER IMPACT AREA 8 PHONE: 772-562 -4191 fAA: 772 - 562 - 7180 n��nc >- cW°i`�efisr' c ciE - " a°nreo ns C 30 nc. c on zos TYPICAL SECTION IF IF Fe Ifa IF 11 1 1 i I i x IF ell I me I , e I ell � , 01 me IV 1 11 1 % IV Fee ell, r Fee ee I I - ell David S . Hobbie Page 13 IF- STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE 1 - An eastern indigo snake protectionieducation plan shall be developed by the applicant or requester for all construction personnel to follow. The plain shall be provided to the Service for review and approval at least 30 days prior to any clearing activities . The educational materials for the pian may consist of a combination of posters, videos , pamphlets, and lectures {e-g an observer trained to identify eastern indigo snakes could use the protection/education plan to instruct construction personnel before anv clearing activities occur} - Informational signs should be posted throughout the construction site and along any proposed access road to contain the followintr information. a. a description of the eastern indigo snake, its habits. and protection under Federal Law; b. instructions not to injure, harm, harass or kill this species ; c- directions to cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site on its ow-P, before resuming clearing; and, d. telephone numbers of pertinent agencies to be contacted if a dead eastern indigo snake is encountered. The dead specimen should be thoroughly soaped in water and then frozen. 2 . If not currently authorized through an Incidental Take Statement in association with a Biological Opinion, only individuals who have been either authorized by a section 10(a) ( 1 )(A) permit issued by the Service, or by the State of Florida through the Florida Fish Wildlife Conservation Commission {FWQ for such activities, are permitted to come ` in contact with an eastern indigo snake . r 3 . An eastern indigo snake monitoring report must be submitted to the appropriate Florida Field Office within 60 days of the conclusion of clearing phases. The report should be submitted whether or not eastern indigo snakes are observed_ The report should contain the following information: R a_ any sightings of eastern indigo snakes and b . other obligations required by the Florida Fish and Wildlife Conservation Commission, as stipulated in the permit . Revised February 12 , 2004 U . S . Army Corps of Engineers Appl .# SAJ-2008 -04474 (NW-MAM Date_01 /25/ 12 Attachment # 1 _ of _ 1 _ Initials MAM IF ItOFF I IF IF Zee: me % rI me I IF I I III Fee me me Io Y % . .. . . . - , - . u . , . , , _ .+2, . . . z. , _. d IN % 122 WATCH OUT FOR THE EASTERN INDIGO SNAKE - r 3 The decline in the population of indigo ` snakes is attributed to habitat loss due to development and overcollecting for the petML trade . Fragmentation of habitat by roads results in many indigo snakes killed by vehicle traffic14, rt . Every effort should be undertaken to IN IN avoid harming any snake observed „ during work on this construction site . Any indigo snakes encountered during114 iY% construction activity should be allowed NW IN to crawl off before continuing activities . If it appears that the construction IN activities will cause harm to the snake , construction must be stopped until the proper action can be determined . IN ItIN TIll Iq he Eastern Indigo Snake is the largest nonpoisonous These rare snakes are protected by the Endangered snake in North America , growing up to 2 . 4 meters ( 8 feet ) Species Act ( ESA ) of 1973 makes it a violation to " harass , in length . The color of both adults andoun is shin y 9 y harm , pursue , hunt , shoot , wound , kill , capture , or collect bluish - black with some red or cream coloring on the chin or11 IN endangered or threatened species . " Violations can result sides of the head . The indigo snake is usually found in in fines of up to $20 , 000 and/or up to one year in prison , high , dry , well - drained sandy soils, in the same habitat Only preferred by the gopher tortoise . Indigo snakes may also snakes ,ermitted personnel are allowed to handle theIN I be found in hammocks , swamps , and flatwoods habitats in south Florida . Gopher tortoise burrows are used by many Contact the following agencies if indigo snakes areAA prey animals that are easily captured by the indigo snake observed : NY NI in the burrow . Indigo snakes also use the burrows as dens for cover, and laying eggs . Other potential dens are eII stumps of trees , cavities in the soil , and under piles of U . S . Fish & Wildlife Service 772 - 562- 3909 PIN Ie debris . Florida Fish & Wildlife Conservation CommissionINlr' 800 - 282 - 8002 Nr l7 LN C%11 INti