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HomeMy WebLinkAbout2010-298 I � a7 � n � 0 A Omni R CONTRACT DOCUMENTS AND SPECIFICATIONS FOR QUAIL CREEK SUBDIVISION BID NO . 2011012 PROJECT NO . 2004020196 =45291 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA PETER D . O ' BRYAN , CHAIRMAN BOB SOLARI , VICE CHAIRMAN WESLEY S . DAVIS JOSEPH E . FLESCHER GARY C . WHEELER JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT ALAN S . POLACKWICH , SR . , COUNTY ATTORNEY CHRISTOPHER R . MORA , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER APPROVED AS TO FORM AND LEGAL SUFFIC. Y BY 4K ��� WILLIAM K . DEBRAAL € EPUT"Y' CfJ ►..COUNTY ATTORNEY 00001 - 1 F;\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00001 - Project Title Page - REV 04-07 .doc � gIVER Board of County Commissioners 4 Engineering Division r 1801 27th Street ORIVero Beach, Florida 32960-3388 Telephone : ( 772) 226- 1283 Fax: ( 772) 7784391 QUAIL CREEK SUBDIVISION Pre - Bid Conference IRC Project # 200402019645291 Bid No . 2011012 November 3 , 2010 Conference Room A1 -303 Building A Introductions Contract details Bid opening : November 17 , 2010 at 2 : 00 pm Contract time : 90 days to substantial completion 120 days to final completion Engineer ' s Original Estimate $ 367 , 542 . 50 Contacts Indian River County , 1801 27th Street , Vero Beach , Florida 32960 Christopher J . Kafer , Jr . , P . E . , County Engineer ( 772 ) 226 - 1221 , Fax ( 772 ) 778 - 9391 E - mail : ckaferCaircgov . com Jack Jolly , P . E . Senior Civil Engineer ( 772 ) 226 - 1697 , Fax ( 772 ) 778 - 9391 E - mail : ijolly (a� ircgov . com Dan Wittenberg , Engineering Inspection Supervisor ( 772 ) 226 - 1622 , Fax ( 772 ) 778 - 9391 E - mail : dwittenberg (circgov . com Consultant MBV Engineering , Inc . 1835 20th Street Vero Beach , Florida 32960 ( 772 ) 569 - 0035 , Fax ( 772 ) 778 - 3617 Aaron Bowles , P . E . 2 Attendees David Hays Indian River County , Engineering Division Jack Jolly Indian River County , Engineering Division Dan Wittenberg Indian River County , Engineering Division Dennise Cleerdin Indian River County , Engineering Division Jesse Roland Indian River County , Utility Division Michael Delaney Indian River County , Utility Division Aaron Bowles MBV Engineering , Inc . Todd Howder MBV Engineering , Inc . Stuart Houston Houston , Schulke , Bittle and Stoddard , Inc . Tim Rose Tim Rose Construction Chad Swint Dickerson Florida Rob Beatty JoBear/Warden Construction Bill Yoder Ranger Construction Ind . , Inc . Mike Schlitt Michael Schlitt Construction , Corp . Tony Rake Precision Paving & Excavation , Inc . Eric McDaniel McDaniel Site Development LLC PJ Pastor Construction Management of FL , Inc . Brandon Faulkner Total Golf Construction The following meeting notes set forth our understanding of the discussions and decisions made at this meeting . If you have any questions, additions , or comments , please contact the writer immediately . If we do not hear from you , we will assume that our understandings are the same . We are proceeding based on the contents of these meeting notes . Project Description As noted in the Advertisement for Bids , the project will consist of completion of the required improvements for Quail Creek Subdivision in accordance with the Land Development Permit ( LDP ) . These improvements will include but are not necessarily limited to utilities , paving , drainage , grading , landscaping and irrigation work Correspondence / Lines of Authority All project correspondence should be addressed to Jack Jolly . , P . E . , Indian River County Engineering Division , 1801 27th Street , Vero Beach , Florida 32960 or Jerry Davis , Purchasing Manager , Purchasing Division during the bid process . No responses will be provided to questions received less than ten ( 10 ) calendar days prior to the date for opening of bids . ( November 17 , 2010 ) Construction Phase will be turned over to Dan Wittenberg , Engineering Inspection Supervisor with an Engineering Inspector assigned to the project . There will also be periodic site visits from MBV , the consultant . F : \ Engineering\ Land Development Permits\Quail Creek PD\ Pre- bid Meeting Minutes 11 - 3 - 2010 . doc 3 Issues • County has no fill available for the project . Addendum # 1 • Plans showing sections for the lake will be provided . • Quantities to delete internal sidewalks with the exception of Lot 24 which is common area . The sidewalk repair on 81St Street will remain . This will reduce the Engineer ' s Original Estimate to $ 296 , 657 . 50 . Other Issues • Access to the north through Paladin Place , will be blocked off. All access will be through 81 st Street as it is today . Access to the site in the future may change . • The FP & L account is still in the Home Owner ' s Association name . There is power for the irrigation today and the County will make every effort to keep it on . • Mowing , clearing and grubbing areas are located in the landscape buffers , around the fire hydrants , and around the fill areas on the western lots . These areas are located in the cross sections of the plans . • One square yard of asphalt is correctly itemized on the cost estimate . • There is a dirt berm across Grayson . This area was used while transporting fill . The asphalt will need to be checked in this area . • No off site tracking or soil erosion onto roadways , • Two different fill units are in the cost estimate . One amount is for the hauling of existing fill and the second is for fill to be brought in . • Existing vegetation should be removed before placing fill . • The number of Florida # 1 trees and shrubs are an estimated quantity on the bid line items . • It is suggested that the Contractor should do one mowing before calling Code . The mowing will make it clear as to the quantity of shrubs that need to be replaced . • The subdivision has never passed the Utility Inspection . Punch list items were never addressed ; these items are listed in the bid set . • There is a bid line item for the subdivision to be re - TV ' ed . • If there are repair items outside the ones listed on the bid line items , they will fall under the Force Account . • When checking the sewer lines it would be of best interest to have an Engineering Inspector and Utilities Inspector on site . This will help with any questions you may have about cleaning the laterals out . • At one time the irrigation system was checked and in place . There were no gaps in the system but not all heads were working . After checking it a second time , it was found that there wasn ' t any suction in the pond pump suction line . Checking the system is recommended before bidding . The breaker is off now , after checking the system it is requested you return the breaker to the off position . F : \ Engineering \ Land Development Permits\Quail Creek PD1Pre- bid Meeting Minutes 11 -3-2010 . doc • The irrigation is to serve the buffers only . 4 • The lots are to be graded as shown on the plans . • Schulke , Bittle and Stoddard plans are to be used for reference only when dealing with survey dimensions on property lines . All repair items are on the MBV plans . • The outfall basin box was set too low at the pond . The orifice needs to be adjusted and the weir raised up a couple of tenths or so of an inch . • The lake may need to be extended to get the 4 : 1 slope . The control elevation is to be at 17 . 0 . • MBV asbuilts will be done at the final inspection . Bond • The owner of the project and the bank are in litigation within the last 3 days . There is a possibility to be awarded a contract and the contract may start and there could be an injunction to stop the work . The County is moving forward with the process until told differently . Most likely if a Contractor begins work they will be allowed to finish out the contract . Liquidated Damages • The County Engineer asked to remind everybody that completion time is important on this project and liquidated damages will be enforced . Permitting • No St . Johns permit is necessary unless the Contractor dewaters . St John ' s staff is aware of the project status . • NOI Permit must be applied for by the Contractor . • All other permits are active at this time . Utilities • No FDEP Permit is necessary if repairs are being done on an existing sewer system . FAEngineering\ Land Development Permits \ Quail Creek PD1Pre- bid Meeting Minutes 11 - 3- 2010 . doc ITEMIZED BID SCHEDULE Quail Creek Subdivision Project #2004020196 -45291 Addendum # 1 Bidders Name : November 3 , 2010 Item No . Description Quantit Unit Unit Price Amount 1 MOBILIZATION 1 L . S . . 2 FDEP NOI PERMIT 1 3 MAINTENANCE OF TRAFFIC 1 L . S . 4 SURVEY LAYOUT 1 L . S . 5 FLOATING TURBIDITY BARRIER TYPE 1 2 EA , 6 STAKED SILT FENCE 4 , 500 L . F . 7 r CATCH BASIN PROTECTION 20 EA . 8 CLEARING AND GRUBBING 1 L . S . 9 MOWING 2 EA , 10 EMBANKMENT WITH ON - SITE MATERIAL 21457 C . Y . 11 EXCAVATION 3 , 402 C . Y . 12 SOIL REMOVAL IN GRAYSEN SQUARE ROADWAY 1 L . S . 13 GRADE AND REPAIR CATCH BASIN DS -5 AREA 1 L . S . GRADE AND REPAIR CATCH BASIN DS -23 AREA AND SWALE 14 REALIGNMENT 1 L . S . 15 DEMOLISH AND REMOVE PORTIONS OF SIDEWALK 383 S . Y . 16 * * CONCRETE SIDEWALK - 81st STREET 383 S . Y . 17 CURB RAMP DETECTABLE WARNING 2 EA , 18 ASPHALT REPAIR 1 S . Y . 19 OUTFALL STRUCTURE DS - 1 REPAIR 1 L . S . 20 TYPE 3 OBJECT MARKER OM -3R 1 EA , 21 1 ITEMPORARY PAVEMENT MARKING 1 L . S . 22 WHITE THERMOPLASTIC TRAFFIC STRIPE 230 L . F . 23 YELLOW THERMOPLASTIC TRAFFIC STRIPE 120 L . F . 24 MAGNETIC STARTER FOR 10 HP IRRIGATION WELL PUMP 1 EA . 25 IRRIGATION SUCTION LINE AND FLOAT 1 L . S . 26 IRRIGATION SYSTEM 1 L . S . 27 CANOPY TREE * 161 EA , 28 UNDERSTORY TREE * 87 EA . 29 IHEDGE / SHRUB * 585 EA . 30 HYDROSEED 27 , 000 S . Y . 31 SOD 12 , 700 S . Y . 32 REFLECTIVE PAVEMENT MARKER RPM WHITE 4 EA . 33 FIRE HYDRANT PAINTING/ MAINTENANCE 5 EA . 34 REPAINT FIRE AND WATER VALVE BOX LID 18 EA . 35 CLEAN AND TV INSPECTION OF GRAVITY SEWER SYSTEM 31912 L . F . 36 REGROUT SEWER MANHOLE RING REPAIR 1 EA . 00310-3 F:1Engineering\Land Development PermitslQuail Creek PD1Bid-Contract Documentslltemized Bid Schedule Addendum # 1 ITEMIZED BID SCHEDULE 01" Quail Creek Subdivision w Project #2004020196 -45291 Addendum # 1 Bidders Name : November 3 , 2010 Item No . Description __ QuantityUnit Unit Price Amount 37 REFORM SEWER MANHOLE FLOW CHANNEL 1 EA . 38 EMBANKMENT WITH OFF- SITE MATERIAL 945 C . Y . 39 * * CONCRETE SIDEWALK - INTERNAL ROADS 89 S . Y . SUB -TOTAL L . S . = Lump Sum L . F . = Linear Foot C . Y . = Cubic Yard S . Y . = Square Yard EA. = Each * SEE LANDSCAPE PLAN FOR LANDSCAPE MATERIAL STANDARDS INCLUDES REMOVAL OF DEAD UNITS . ** Addendum # 1 SUB-TOTAL : $ SUB -TOTAL AMOUNT OF BID ( IN WORDS ) FORCE ACCOUNT : $ 15 , 000 . 00 FORCE ACCOUNT ( IN WORDS ) : FIFTEEN THOUSAND DOLLARS AND NO CENTS TOTAL BID AMOUNT ( INCLUDE FORCE ACCOUNT ) : $ TOTAL BID AMOUNT ( IN WORDS ) : 00310-3 F : \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\ Itemized Bid Schedule Addendum # 1 give Indian River County ' Purchasing Division 180027th Street Vero Beach , FL 32960 Phone ( 772 ) 2264418 Fax ( 772 ) 770 - 5140 ORI ADDENDUM NO , 1 Date : November 3 , 2010 Project Name : Quail Creek Subdivision Bid No . : 2011012 Project No . : 200402019645291 Bid Opening Date : WEDNESDAY , November 17 , 2010 AT 2 : 00 P . M . 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 oi' 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 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 . 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 . - 1 — F. IEngineeringlLand Development PermitslQuail Creek PDIBid- Contract DocumentslAddendun:slAddendum #Ldoc CLARIFICATIONS / CORRECTIONS : The following pay item under the Itemized Bid Schedule has been revised accordin I L Itemized Bid Schedule — Item # 39 " Concrete Sidewalk - Internal Roads " . The qua t t for this item is reduced from 3 , 367 square yards to 89 square yards . y Also as a part of the subject addendum , the following plan sheet has been added : 1 . Plan Sheet C2 of 7 . Sections A - A through I - 1 were not provided . Please refer to sections on Sheet C3A provided with this Addendum . Also as a part of the subject , addendum questions raised by plan holders and answers to those questions are indicated below : 1 . Specification Item # 11 " Excavation " . This item is intended to include excavation necessary in borrow stockpiles on site . 2 . Plan Sheet C3 of 6 . Sections from Station 0+ 50 through Station 7 + 30 were not provided . Please refer to plan Sheet C4 for cross sections of western lot fill . 3 . Itemized Bid Schedule — Item # 8 " Clearing and Grubbing " . Bidder ' s attention is also called to " Includes Removal of Dead Units " at the bottom of the Itemized Bid Schedule . 4 . Itemized Bid Schedule — Item #27 " Canopy Tree " , Item #2B " Understory Tree " and Item #29 " Hedge/ Shrub " . The quantities for each of these items reflect current estimates as of this date . The quantities shown on the plan sheet L - 1 were for the original construction that was completed . 5 . Plan sheet 7 of 14 Typical Roadway Section . The sod shown to be installed along both sides of the roadway has been completed . No sod in these areas is included in the bid item . 6 . Specification Section 01215 — General Quality Control — Section 1 . 2 . A . The owner will employ and pay for testing services as noted in SC - 13 . 03 of the Special Conditions . ATTACHMENTS : L Plan Sheet C3A . 2 . Itemized Bid Schedule dated November 3 , 2010 - 2 — F: IEngineeringlLarrd Development PermitslQuail Creek PDIBid- Contract DocumentslAddendumslAddendum #Ldoc Addendum MUST be returned with your ADDENDUM NO . 1 is issued by Christoph . Ka , , Jr County Eng neer Je -y Davis , Purchasing Manager Company Name 6 Name : Tine : � f`. C= ` v� .. . ( Type / Printed ) Authorized Signature - ., Date : Telephone : :z (�� �� Fax : - 3 - F. IingitteeringlLand Development PerrttitslQttail Creek PDIBid-Contract Documents- lAddendttntslAdde►tdtint #I. doc TABLE OF CONTENTS Section No . Title DIVISION V= BIDDING DOCUMENTS CONTRACT FORMS AND CONDITION ' CONTRACT S • F THE 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Awards 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010 - 1 FAEngineeringlLand Development PermitslQuail Creek PD1Bid-Contract Documents100010 - Table of Contents . doc DIVISION 1 = GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS + + END OF TABLE OF CONTENTS + + 00010 -2 F : \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00010 - Table of Contents . doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT 1801 274h Street, Vero Beach, Florida 32960 Telephone : ( 772 ) 226 - 1283 FAX : ( 772 ) 778 - 9391 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday , November 17 , 2010 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " Bid For Indian River County Project No , 200402019645291 , Quail Creek Subdivision and Bid No . 2011012 " . Bids should be addressed to Purchasing Division , 1800 27th Street , Bldg . B , 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. 200402019645291 INDIAN RIVER COUNTY BID NO. 2011012 PROJECT DESCRIPTION: The project will consist of completion of the required improvements for Quail Creek Subdivision in accordance with the Land Development Permit (LDP) . These improvements will include but are not necessarily limited to utilities, paving, drainage, grading, landscaping and irrigation work. 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 ( issuing office ) , 1801 27th Street , Vero Beach , Florida , 32960 , ( 772 ) 226 - 1283 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $ 100. 00 for each set, which represents the cost of printing and handling and is non- refundable . Communications concerning this bid shall be directed to IRC Purchasing Division atpurchasing@lrcgov. com. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . A BID SECURITY must accompany each Bid , and must be in the form of an AIA Document A310 Bid Bond properly executed by the Bidder and by a qualified surety , or certified check or cashier' s check drawn on any bank authorized to do business in the State of Florida , in the sum of not less than Five Percent ( 5 % ) of the total amount bid , made payable to Indian 00100 - Advertisement for Bids . doc 00100 - 1 F:1Engineering\Land Development PermitslQuail Creek PDIBid-Contract Documents100100 - Advertisement for Bids. doc River County Board of County Commissioners . In the event the Contract is awarded to the/ Bidder, Bidder will enter into 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 a penalty , e PI Bid note that the questionnaire must be filled out completely including the financial s atement , ase The County reserves the right to delay awarding of the Contract for a period of I 60 days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause , or to accept the bid that , in its judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid preparation costs . A Pre- Bid Conference will be held on November 3 , 2010 at 10 : 00 AM in conference room Al . 303 in Building `A' of the Indian River County Administration Building located at 1801 27th Street , Vero Beach , Florida , 32960 . ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED , INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : October 13 , 2010 For : Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street , Building B Vero Beach , FL 32960 * * END OF SECTION * * 00100 - 2 00100 - Advertisement for Bids . doc F :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00100 - Advertisement for Bids . doc SECTION 00200 was Instructions to Bidders TABLE OF CONTENTS Article No . — Title Page ARTICLE 1 — DEFINED TERMS . . . . . . . . . . . ARTICLE 2 — COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 3 — QUALIFICATIONS OF BIDDERS . ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 000 . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 — PRE — BID CONFERENCE . . , , , , . , , , bases . wom " 1141111 me oboe . aa . . mo 11 all , 4 ARTICLE 6 — SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA , , , . . , , " , . , , . , bases 0 , 800 . 0 now . Dosed5 ARTICLE8 — BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 — CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 — LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 11 — SUBSTITUTE AND " OR — EQUAL " ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 . . . 6 ARTICLE 12 — SUBCONTRACTORS , SUPPLIERS , AND OTHERS , , . , " , , , , . , , , , 6 ARTICLE 13 — PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 was BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . 7 ARTICLE 15 — SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . a 8 ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . 8 ARTICLE 17 — OPENING OF BIDS . , . . , , . , , , , " . . . . s . * . qo % # . ms Ill . boo4o am . , & Mason . . . . . . . . . . . . . . . 9 ARTICLE 18 was BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 — CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 — SIGNING OF AGREEMENT , , . , " , " , . . . 11 . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 00200 - i 00200 - Instructions to Bidders . doc FAEngineeringli-and Development PermitslQuail Creek PDIBid-Contract Documentsk00200 - Instructions to Bidders . doc SECTION 00200 - Instructions to Bidders Su_ biect TABLE OF ARTICLES (Alphabetical by Subject) Article Award of Contract , , , , , . , . , , " , . . . . . . . . . Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Copies of Bidding Documents . . , , . , , , . . . " . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . . , . , . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . so . . . Ross & , . . . . . . . . . . . . 7 LiquidatedDamages . . , , . . , , , . . , " . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . I . . . I . . . . . . . I . . . " I . . . . I I . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Pre - Bid Conference . . , . , , " , . , " , . , , I * . , . a " 0 5 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Signingof Agreement , . , , , , , . . , , , , . , . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . oft - sso * V6 & - 1 . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute and " Or- Equal " Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to Bidders . doc 00200 - ii F1Engineering\Land Development PermitslQuail Creek PD\Bid-Contract Documents=200 - Instructions to Bidders . 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 is more specifically addressed in Advertisement to Bid . 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 2001 Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2003 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 . For purposes of this qualification , a prime CONTRACTOR is considered to be a CONTRACTOR that completes a minimum of 25 % by dollar volume of a contract with their own directly employed staff. 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 . 00200 - Instructions to Bidders . doc 00200 - 1 FAEngineering\Land Development PermitslQuaii Creek PD1Bid-Contract Documents100200 - Instructions to Bidders . doc Rev. 05101 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. 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 , if any , 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 ) , if any, 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 as part of the original land development plans . 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 . 00200 - Instructions to Bidders . doc 00200 - 2 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00200 - Instructions to Bidders .doc Rev. 05/01 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 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 (Jack Jolly . , P . E . 772-226- 1697 ) , OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 This paragraph has been deleted intentionally. 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : A . examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER (Jack Jolly, P . E . ( 772 ) 226- 1697) TO MAKE ARRANGEMENTS IN ADVANCE , AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL , LOCAL , AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS , AND PERFORMANCE OF THE WORK , C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost , progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except underground facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions ( overhead , surface , subsurface , and underground facilities) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; 00200 - Instructions to Bidders . doc 00200 - 3 FAEngineering\Land Development Permits\Quail Creek PD1Bid-Contract Documents100200 - Instructions to Bidders . doc Rev. 05/01 G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE - BID CONFERENCE 5 . 01 The date , time , and location for a Pre- Bid conference , if any , are specified in the Advertisement for Bids . Representatives of OWNER and ENGINEER will be present to discuss the Project . Bidders are encouraged to attend and participate in the conference . ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment , or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . Site access is to be from 81St Street only . No construction access will be allowed through Paladin Place II and the CONTRACTOR shall be required to barricade off the access to Paladin Place II from Quail Creek Subdivision . 00200 - Instructions to Bidders . doc 00200 - 4 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00200 - Instructions to Bidders .doc Rev. 05/01 ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect . 7 . 02 Addenda may be issued to clarify , correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . ARTICLE 8 - BID SECURITY 8 . 01 A Bid must be accompanied by Bid security made payable to OWNER in the amount specified in the Bid Form and in the form of a certified or bank check or an AIA Document A310 Bid Bond . All Bonds shall be executed by such sureties as are named in the current list of " Com - panies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Accept- able. 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 forfeited . The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening , whereupon Bid security furnished by such Bidders will be returned . 8 . 03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be completed and ready for final payment are set forth in the Agreement . 00200 - Instructions to Bidders . doc 00200 - 5 FAEngineeringTand Development Permits\Quail Creek PD\Bid-Contract Documents\00200 - Instructions to Bidders . doc Rev. 05/01 ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any , are set forth in the Agreement . ARTICLE 11 - SUBSTITUTE AND " OR - EQUAL " ITEMS 11 . 01 The Contract , if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or " or- equal " items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal " item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER , application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement . The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements , ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement , the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER . If OWNER or ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity , OWNER may , before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder . Any Subcontractor , Supplier , individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the 00200 - Instructions to Bidders . doc 00200 - 6 FAEngineering1and Development Permits\Quail Creek PD\Bid -Contract Documents\00200 - Instructions to Bidders . doc Rev . 05/01 Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable " entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature . 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature ) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . 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 and shall consider the project as end product specified . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 00200 - Instructions to Bidders . doc 00200 - 7 F:\Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00200 - Instructions to Bidders .doc Rev. 05/01 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any , named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions , 14 . 03 The Bidder' s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere , is approximate only and not guaranteed . The OWNER does not assume an 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 . General Information Required of Bidders . D . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County , Purchasing Division , 1800 27th Street , Vero Beach , Florida , 32960 . ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work . 00200 - Instructions to Bidders . doc 00200 - 8 FAEngineering\Land Development Permits\Quail Creek PD1Bid -Contract Documents100200 - Instructions to Bidders .doc Rev. 05/01 ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non - responsive , read aloud publicly . An abstract of the amounts of the base Bids and major alternates , if any, will be made available to Bidders after the opening of Bids . ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may , in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non - responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder . The County will not reimburse any Bidder for bid preparation costs . 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 . doc 00200 - 9 FAEngineering\Land Development PermitslQuail Creek PD1Bid -Contract Documents100200 - Instructions to Bidders . 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 . 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 . X * END OF SECTION 00200 - Instructions to Bidders . doc 00200 - 10 FAEngineeringlt_and Development PernitslQuail Creek PD\Bid-Contract Documents100200 - Instructions to Bidders . doc Rev. 05101 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 A 1 A Document A310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 General Information Required of Bidders 00456 List of Subcontractors 00458 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 003001 00300 - Bid Package Contents . doc FAEngineeringlLand Development Permits\Quail Creek PD\Bid-Contract Documents100300 - Bid Package Contents . doc SECTION 00310 Bid d= orm � Y PROJECT IDENTIFICATION : Project Name : Quail Creek Subdivision County Project Number : 2004020196 -45291 Project Address : 6150 81St Street i Project Description : _ The project will consist of completion of the required improvements for Quail Creek in accordance with the Land Development Permit ( LDP ) . These improvements will Include but are not necessarily limited to earthwork , utilities , paving , drainage , landscaping and irrigation work . i THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY PURCHASING DIVISION 1800271h Street , Building B VERO BEACH , FLORIDA 32960 . 01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an ' } Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents . 2 . 01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and I Instructions to Bidders , including without limitation those dealing with the disposition of Bid security . The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER . i 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement , that : i 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 . i I , Addendum Date Addendum Number B . Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost , progress , and performance of the Work . C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost , progress and performance of the Work . D . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in 00310 - Bid Form . doc 00310 - 1 FAEngineering\Land Development PermitslQuail Creek PD1Bid-Contract Documents\00310 - Bid Form doc Rev . 05/ 16/01 paragraph 4 . 02 of the General Conditions , and ( 2 ) reports and drawings of a Hazardous Environmental Condition , if any , which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . E . Bidder has obtained and carefully studied ( or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies and data concerning conditions ( surface , subsurface and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder , including applying the specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder , and safety precautions and programs incident thereto . i , F . Bidder does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price ( s ) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents . Id I , I G . Bidder is aware of the general nature of work to be performed by OWNER and others at ' I 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 I . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder . J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . 4 . 01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER . [The remainder of page intentionally left blank] 00310 - Bid Form . doc 00310 - 2 FAEngineeringll- and Development Permits\Quail Creek PD\Bid - Contract Documents\00310 - Bid Form . doc Rev. 05/ 16/01 Quaid Creek Subdivision Project # 2004020196 -45291 Addendum # 1 Bidders Name : November 3 , 2010 ItNo . De � � ri tl � n - - - - - - - - __— _-- — - - - - -- Quantit Unii Unit Prue L - Arrieur7t -- - - - -- - - -- -- _� -- -- MOBILIZATION — ----- - ---- -- - --- -- L . S . 2 FDEP NOI PERMIT a 3 MAIN -FENANCE OF TRAFFIC 1 L . S . i1 t t , r( � Cc 4 SURVEY LAYOUT 1 L . S . 5 FLOATING TURBIDITY BARRIER TYPE 1 6 STAKED SILT FENCE 41500 L . F . � ` �:. ^ t_ - 7 CATCH BASIN PROTECTION20 EA . 8 CLEARING AND GRUBBING 1 L . S . 9 MOWING 2 EA . 10 EMBANKMENT WITH ON - SITE MATERIAL 21457 C . Y . 11 EXCAVATION 31402 C . Y . c < 12 SOIL REMOVAL IN GRAYSEN SQUARE ROADWAY 1 L . S . Cc - < 13 GRADE AND REPAIR CATCH BASIN DS - 5 AREA GRADE AND REPAIR CATCH BASIN DS -23 AREA AND SWALE 1 L . S . 14 REALIGNMENT 1 L . S . :; 15 DEMOLISH AND REMOVE PORTIONS OF SIDEWALK 383 S . Y . � , ,�' c, , f.- u �' . �-• C ' 16 * * CONCRETE SIDEWALK - 81st STREET :L2 S . Y . � <; : t��" 17 CURB RAMP DETECTABLE WARNING It EA . 18 ASPHALT REPAIR 1 S . Y . .�C" r o (: G 19 OUTFALL STRUCTURE ( DS - 1 REPAIR 1 L . S . :: C CC 20 TYPE 3 OBJECT MARKER OM -3R 1 EA . c , c, c+ 21 TEMPORARY PAVEMENT MARKING 1 L . S . f-,o 22 WHITE THERMOPLASTIC TRAFFIC STRIPE 230 L . F . 23 YELLOW THERMOPLASTIC TRAFFIC STRIPE 120 L . F . CVin, 24 MAGNETIC STARTER FOR 10 HP IRRIGATION WELL PUMP 25 IRRIGATION SUCTION LINE AND FLOAT — ,, 1 L . S . � .% , c:1E "_ , 26 IRRIGATION SYSTEM 1 L . S . ' t --el 27 CANOPY TREE 161 EA . cc 28 UNDERSTORY TREE * 87 EA . f 29 HEDGE / SHRUB * 585 EA . f . SL 30 HYDROSEED 270000 S . Y . 31 SOD 12 , 700 S . Y . 32 REFLECTIVE PAVEMENT MARKER RPM WHITE 4 EA . f 33 FIRE HYDRANT PAINTING/ MAINTENANCE 5 EA . cct 34 REPAINT FIRE AND WATER VALVE BOX LID 18 EA Cc, c t; � ; 35 CLEAN AND TV INSPECTION OF GRAVITY SEWER SYSTEM 31912 L . F . 36 REGROUT SEWER MANHOLE RING REPAIR 1 EA , 00310-3 F :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\Itemized Bid Schedule Addendum # 1 Quail Creels Subdivision Project # 2004020196 - 45291 Addendum # 1 Bidders Name : IIINovernbef 3 , 20110 Item o . Descri -- -- - _ Quantit Untt Unit Price A, tnount -- -- 37 REFORM SEWER MANHOLE I- LOW CHANNEL EA — - '- — 38 EMBANKMENT WH H OFF - SI Tf- MA ] ERIAL 945 C . Y . - - - ----------- ---- -- 39 * * CONCRETE SIDEWALK - INTERNAL ROADS 89 S.Y. I SUB - TOTAL L . S . = Lump Sum L . F . = Linear Foot --- -- -- — --- C . Y . = Cubic Yard S . Y . = Square Yard EA . = Each * SEE LANDSCAPE PLAN FOR LANDSCAPE MATERIAL STANDARDS INCLUDES REMOVAL OF DEAD UNITS . * * Addendum # 1 SUB -TOTAL : SUB -TOTAL AMOUNT OF BID ( IN WORDS ) +1 le FORCE ACCOUNT : $ 15 , 000 . 00 FORCE ACCOUNT ( IN WORDS ) : FIFTEEN THOUSAND DOLLARS AND NO CENTS TOTAL BID AMOUNT ( INCLUDE FORCE ACCOUNT ) : $ 1 •g TOTAL BID AMOUNT ( IN WORDS ) : tt' . ! �'tits . c- ' ►� t� �l � Z=� �L �� ^� I l / L ► 2t {� •. � � c: it ' Cly 00310-3 F :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\Itemized Bid Schedule Addendum # 1 5 . 01 Bidder shall complete the Work in accordance with the Contract Documents for the price ( s ) contained in the Bid Schedule : A . The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . B . The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so , no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D . Unit Prices have been computed in accordance with paragraph 11 . 03 . 13 of the General Conditions , 6 . 01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14 . 07 . 13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement . 6 . 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement . 7 . 01 The following documents are attached to and made a condition of this Bid : A . Required Bid security in the form of -Bi)-fu: , ; B . A tabulation of Subcontractors , Suppliers [and other] individuals and entities required to be identified in this Bid ; C . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ; D . Sworn Statement Under the Florida Trench Safety Act ; E . General Information Required of Bidders ; F . List of Subcontractors ; and G . Itemized Bid Schedule ; 8 . 01 The terms used' in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders , the General Conditions , and the Supplementary Conditions . 00310-5 - Bid Form REV 10 -6 . doc FAEngineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00310 - Bid Form . doc SUBMITTED on ; r , 20 State Contractor License No . If Bidder is : An Individual Name ( typed or printed ) : By : (Individual 's signature) ( SEAL) Doing business as : Business address : Phone No . : FAX No . : r l A Partnership Partnership Name : SEAL By : (Signature of general partner -- attac'h evidence of authority to sign) Name ( typed or printed ) : Business address : Phone No . : , - FAX No . : A Corporation Corporation Name : w, c P 'T `� � � r✓ 1 ` � Cc3_ vt - C6� G�. C' tin ( SEAL) State of Incorporation : Type ( General Business , Professional , Service , Limited Liability ) : ( nature -- attach evidence of authority to sign) Name (typed or printed ) : �j VvL c Title : 7VVZ- e ( CORPORATE SEAL ) Attest (Signature of Corporate Secretary) Business address : o F Phone No . : '77 ,:; - >L �-/ - 7 e) o FAX No . : P7 ' Date of Qualification to do business is jqqj 00310 - 6 00310 - Bid Form . doc F . \EngineeringTand Development Permits\Quail Creek PD\Bid-Contract Documents\00310 - Bid Form . doc Rev . 05/ 16/01 A Joint Venture Joint Venture Name : ( SEAL ) By : (Signature of joint venture partner - attach evidence of authority to sign) Name ( typed or printed ) : Title : Business address : Phone No . . FAX No . : Joint Venture Name : ( SEAL ) I By . (Signature -- attach evidence of authority to sign) Name ( typed or printed ) ,- Title : rinted ) :Title : Business address : JI i Phone " No . : FAX No . . Phone and FAX Number , and Address for receipt of official communications : ( Each joint venturor must sign . The manner of signing for each individual , partnership , and corporation that is a party to the joint venture should be in the manner indicated above . ) 00310 - Bid Form . doc 00310 - 7 FAEngineering\Land Development Permits\Quail Creek PD\Bid- Contract Documents\00310 - Bid Form . doc Rev . 05/ 16/01 THE AIYJI. ERJt. CAN INSTITUTE OF ARCHITECTS .ASA Document 143.10 Bid Bond BONM 4 BB02676 KNOW ALL MEN By THESE PRESENTS , thatwe Timothy Rose Contracting , Inc 1360 SW Old Dixie Hwy , , Ste 106 (Here insert full t►anoc ,and address or legal title orCoutractoi) Vero Beach , F L 32962 as hindpal, hereinafter called the Principal, and Developers Surety and Indemnity Company a corporation duly organized under the laws of the State of . Iowa as Surety, hereinafter called the Surety, are held and firmly bcundunto Indian River County Board of County commissioners 1801 27 Street Vero Beach , FL ( lien insert full nwim .and add=$; or It of titic orovntcr) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Rid----- --- Dollars { 5 % ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves . our heirs, exectitors , adrrdnistrators , successors and assigns , jointly and severally, firmly by these presents . WHEREAS , the Principal has submitted a bid for Quail Creek Subdivision , Bid 2011012 , Project 2004020196 - 45291 (Here insert. Cull name, Address and description of project) .y 0, , OMERE1�QR1? , if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obli gee M1 accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents Nti11th good and sufficient surety for the faithful performance of such Contract and for theprompt payment of labor and material fiirnished 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 tt.is obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 10 day of November 2010 Timothy 5spe Contracting , Inc . ,1 {Pxincip Seal . _.w._._. ,.._ ...... (Fitness } ZV1 y Rose President s Surety and Indemnity Company (Seal) { 1�r itn (Title)Robert Barra Attorney In Fact AI_A DOCUMENT A310 BID BOND AIA 40 FEBRUARY ' 1970 LD THE AMERICAN 1INS '1111.173 OF AR0 .11'CEOC rS, 1735 N.Y , AVE., N .W. WASHINGTON, D.C. 20006 WARNING : Unlicensed photocopying violates U. S . copyright laws and is subjoct to legal prosecution . ti BB 0 2 6 7 6 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725 , IRVINE , CA 92623 (949 ) 253 - 3300 KNOW ALL BY THESE PRESENTS that except as expressly limited . DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make , constitute and appoint : ' Robert Barra4 a"" * as its true and lawful Attorneys)- in - Fact, to make , execute , deliver and acknowledge , for and on behalf of said corporation , as or proper be done in connection therewith as each of said surety, bonds , undertakings and contracts of suretyship giving and granting unto said Attorneys )- in - Fact full power and authority to do and to perform every act necessary, requisite to corporation could do , but reserving to each of said corporation full power of substitution and revocation , and all of the acts e said per t Attorney (s)-in - Fact,d n - Fact, pursuant to these presents , are hereby ratified and confirmed . This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1st , 2008 . RESOLVED , that a combination of any two of the Chairman of the Board , the President , any Executive Vice- President , Senior Vice- President or Vice- President of the corpo- ration be , and that each of them hereby is , authorized to execute this Power of Attorney, qualifying the attorney ( s ) named in the Power of Attorney to execute , on behalf of the corporation , bonds undertakings and contracts of suretyship , and that the Secretary or any Assistant Secretary of the corporation be , and each of them hereby is , authorized to attest the execution of any such Power of Attorney : RESOLVED , FURTHER , that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile , and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond , undertaking or contract of suretyship to which it is attached . IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January 1st , 2008 . f By . _ __ / - — - - - -- E, .t A NO Daniel Young , Vice- President ° � • " " " " ' : ��r•' 0\1�A 0 P.4 QCT <: _ 10 Stephen T. Pate , Senior Vice- President ' C'� 1 93 6 'dam 0 ti4 p+ State of California County of Orange „F " '* ` ,. On _ _ August 13th 2008 before me , _ Jen nyTT Nguyen , Notary Public Date Here Insert Name and Title of the Officer personally appeared — Daniel Young and Stephen T. Pate Name(s ) of Signer( s ) who proved to me on the basis of satisfactory evidence to be the person (s ) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized JENNY 3T NGUYEN capacity(ies ) , and that by his/her/their signature ( s) on the instrument the person (s) , or the entity upon behalf of �• COMM . # 1791t� which the person ( s) acted , executed the instrument. NOTARY PUBLIC I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORAf�dCE COY true and correct. My cwmm . expires Feb. Ilk � WITNESS my hand and official seal . Place Notary Seal Above Signature I Je TT Ng n , tary Public CERTIFICATEIf The undersigned , as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and , furthermore , that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate . This Certificate is executed in the City of Irvine , California , this 10 day of November 2010 B : ' ( 40 y AGregg Okur ,pistant Secretary ID- 1438 ( Rev. 11 /09) SECTION 00452 - Sworn Statement under Sect . 105 . 08 Indian River County Code on Disclosure of Relationships p r THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY P OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . PUBLIC; This sworn statement is submitted with Bid , No . 2011012 for Quail Creek Subdivision . 1 . This sworn statement is submitted b I VIM 0 - ( Name of entit submitting sworn statement ) whose Ousiness address is : and ( if applicable ) its Federal Employer ldentifi ation Number ( FEIN ) is c 9 . r 2 . My name is ry vi ' <- , ( Please print name of individual signing ) _ and my relationship to the entity named above is ��- 3 . 1 understand that an " affiliate " as defined in Section 105 . 08 , Indian River County Code , Nmeans : The term "affiliate " includes those officers, directors, executives, partners, shareholders , employees , members , and agents who are active in the management of the entity. 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is 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, step - father, stepmother, stepson , stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5 . 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 q in management of the entity , have any relationships as defined in Section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement , or one or more of the officers directors executives , partners , shareholders , employees , members , or agents who are active I n management of the entity have the following relationships with a County Commissioner or County employee : 00452 - 1 00452 - Disclosure of Relationships . doc F . \Engineering\Land Development Permits\Quail Creek PD\Bid - Contract Documents\00452 - Disclosure of Relationships . doc Name of Affiliate Name of Count Relationship P or Entity Commissioner or employee 2 . 3 , Imo' 4 5 . 6 . 7 . 81 ( signature ) ( date ) STATE OF COUNTY OF v� � , 1 "1% vy 112 e _ V.1==:� — Personally appeared before me , the undersigned authority , who after first being sworn by me , affixed his / her signature in the space provided above on this day o I`% c ./ e_ rv� - , 20 _ r y Pe �' Lt� o�A *{, VICKIE LEGE WRIGHT �= n Notary Public • state of Florida Notary Publlc , St to at large My Commiuion Exp, March 11 , 2012 : My Commission Expires : ` � b�„ } d ,�� Comml> Itin # DD J * * END OF SECTION 00452 - Disclosure of Relationships . doc 00452 - 2 FAEngineering\Land Development Permits\Quail Creek PD\Bid - Contract Documents100452 - Disclosure of Relationships . doc SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ( " BIDDER " ) , OR ITS AUTHORIZED REPRESENTATIVE , IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 , This Sworn Statement is submitted with Bid No . 2011012 for Quail Creek Subdivision 2 . This Sworn Statement is submitted byCk _ ( Legal Name f Entity Submitting Sworn Statement ) hereinafter " BIDDER " . The IDDER ' s address is P10JJ BIDDER ' s Federal Employer Identif' ation Number ( FEIN ) is i 3 . My name is -0 S4.- and my relationship to the BIDDER Print Name of Individual Signing ) 9 9 ) i S Yom' c% " t ` ( Position or Title ) certify , through my signature at the end of this Sworn Statement , that I am an authorized representative of the BIDDER . 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act , Section 553 . 60 et . seq . Florida Statutes and refer to the applicable Florida Statue ( s ) and /or OSHA Regulation ( s ) and Include the " effective date " in the citation ( s ) . Reference to and compliance with the applicable Florida Statute ( s ) and OSHA Regulation ( s ) is the complete and sole responsibility of the BIDDER . Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards . 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards . 6 . The BIDDER has allocated and included in its bid the total amount of $ - ' based on the linear feet of trench to be excavated over five ( 5 ) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method ( s ) of compliance on this Project : 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 $ i 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, Methods ) of compliance on this Project : IN 00454 - Florida Trench Safety Act . doc 00454 - 1 F : \Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00454 - Florida Trench Safety Act .doc i The determination of the appropriate method ( s ) of compliance is the complete and sole I 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 . I 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 : � 1 Vvl � i / C By Position or Title : Date : ( o IC STATE OF b VZLC COUNTY OF J. k Personally appeared before me , the undersigned authority , w �C - C) who,after first bein sworn by me , affixed his / her signature in the space provided above on this "? day ,fie_ a � , 20 IC . )47Ue- jky(' _ - P& VICKIE LEE WRIGHT Notary Public , Stateat large ; { N Notary Public - State of Florida M Commission Ex ires : G� , — U ;� A I �e* * � y �Y Commission E . �Aerch 11 , sola I My p l ° >� Commission # DC 758563 J ' y * * END OF SECTION 00454 - Florida Trench Safety Act . doc 00454 - 2 F :\Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00454 - Florida Trench Safety Act . doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS , UNDER PENALTY OF PERJURY , the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these p y requirements may be considered sufficient justification to disqualify a Bidder . Attach additional sheets as required . Documentation Submitted with Bid No : 2011012 Project Name : Quail Creek Subdivision 1 , Bidder ' s Name / Address : - Vvt C1 > w CA (c l 2 . Bidders Telephone & FAX Numbers . a K e. 3 . Licensing and Corporate Status : a . Is Contractor License current ? � E b . Bidder' s Contractor License No : C- Ca ,, 2 q 6% [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 : �� L tic4� 5 . What is the last project OF THIS NATURE that the firm has completed ? 6 . Has the firm ever failed to complete work awarded to you ? [ If your answer is " yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number for each project in which the firm failed to complete the work . ] 7 . Has the firm ever been assessed liquidated damages ? ) () [ 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 ? d [ If your answer is ciyes , 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 - t FAEngineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00456 - Qualifications Questionnaire .doc g . 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 ? c; 9 . Complete the following table for SIMILAR projects : MINEEMEN Date Contact Person : Name Original Contract Final Contract Name of Pro ' ect Completed Owner and Telephone Number Amount Amount Srv '7 - ai. SC Lit&, C:" �� Y Fa i.. . . � \ ,Ltr ofVA -e J ° C7 � j � � f� 00 � 3p � 0� Lf -✓ ' . . u _f^." u V C ( � / L- r7 I ( I ( I ' J . � �9 `CCI L16 ' r7 � })...,, 1 -t%L �" � � t LL S � 6 ` �5 Gt70 '�+ Clam hj }3 � 1& (, 1(L iH> IGZo, 1;:� - _ 4 oD 3 ! i iF2 4q ,71 426 /7q 00456 - Qualifications Questionnaire . doc 00456 -3 F : \ Engineering \Land Development Permits\Quail Creek PD\Bid -Contract Documents\00456 - Qualifications Questionnaire . doc - [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 ,] pp c_t rp] ByA C) r ( Signature ) ( Position or Title ) r L' I U * * END OF SECTION ( Date ) 00456 - Qualifications Questionnaire . doc 00456 -4 FAEngineeringTand Development Permits\Quail Creek PD\Bid - Contract Documents\00456 - Qualifications Questionnaire . doc i SECTION 00458 - List of Subcontractors I The Bidder SHALL list below the name and address of each Subcontractor who will perform f work under this Contract in excess of one - half percent of the total bid price , and shall s the portion of the work which will be done by such Subcontractor . After the openingof Bids , changes or substitutions will not be allowed unless approved by Indian River County after a I 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 . I Documentation Submitted with Bid No . 2011012 for Quail Creek Subdivision . Work to be Performed Subcontractor ' s Name/Address 2 . �- C 30 Fe 11S reee f�� 2 I 4 . if jV4/kI z 4 ? ( V 6 . 71 I8 9 , I 10 . ` 11 . 12 . 13 , 14 , I15 . i 16 . 17 , Note : Attach additional sheets . if required . * * END OF SECTION I 00458 - 1 00458 - List of Subcontractors . doc FAE _ ngineering\Land Development PermitslQuail Creek PD\Bid-Contract Documents100458 - List of Subcontractors . doc BOARD OF COUNTY COMMISSIONERS ttIVER G �G Z �LORI�� December 7 , 2010 Timothy Rose Contracting , Inc . Attn : Mr. Timothy Rose 1360 SW Old Dixie Hwy , Suite 106 Vero Beach , FL 32962 NOTICE OF AWARD Reference : Indian River County Bid No. 2011012 Quail Creek Subdivision Dear Mr . Rose : I am pleased to inform you that on December 7 , 2010 , the Board of County Commissioners has 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 . ( $ 143 , 137 . 95 ) . 2 . Certificate of Insurance , must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 3 . W - 9 Form . In accordance with section 255 . 05 ( 1 ) ( a) , Florida Statutes , you are required to execute a Public Construction Bond for the above referenced project . Please submit the Bond and Certificate of Insurance to this office at the address provided below no later than December 22 , 2010 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . In addition , enclosed are two (2) copies of the , Agreement. PLEASE EXECUTE BOTH COPIES AND RETURN THEM TOGETHER WITH THE REQUIRED BONDS AND CERTIFICATE OF INSURANCE TO THIS OFFICE'. Thank you for your prompt attention and if you have any questions , please do not hesitate to contact this office . Sincerely , 9 � 6avi4c - Jerry Davis , Purchasing Manager cc Christopher R. Mora, P. W. , Public Works Director Office of Management and Budget • Purchasing Division 1800 27 `h Street , Vero Beach , Florida 329609 ( 772) 567- 8000 Ext. 14160Fax : (772) 770- 5140 E - mail : purchasing @ircgov . com SECTION 00520 - Agreement ( Public Works ) TABLE OF CONTENTS Title Page ARTICLE 1 — WORK , , * . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 2 — THE PROJECT . . , 0 # 10 pow000 got , IV * , 004 00 , 40 , 10 a 19 IV ARTICLE 3 — ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 4 — CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . ARTICLE 5 — CONTRACT PRICE . . . . . . . . . . . . . 01 . 90 . . ARTICLE 6 — PAYMENT PROCEDURES . . GeV , * * , IV@ * ' so * " wee " oe 00 , 990 we 090 * oq go sage . . . go . . . 0 . . . 00 IV 03 ARTICLE 7 — INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 8 — CONTRACTOR ' S REPRESENTATIONS , , , , , , * , ago memo 0000 0 IV , , , * , loose 001 , 5 ARTICLE 9 — CONTRACT DOCUMENTS . 1 0 1 0 0 0 0 * I I I I 1 0 0 0 1 V 4 0 0 0 0 0 a ARTICLE 10 — MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - 1 00520 - Agreement ( Public Works ) ( 3 ) C : IDocuments and SettingslmmclaughlinlLocal Settings\Temporary Internet Files\Content . Outlook\HNGB311Z100520 - Agreement ( Public Works ) ( 3 ) . doc SECTION 00520 - Agreement ( Public Works ) THIS AGREEMENT is by and between INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER ) and Timothy Rose Contracting , Inc . ( hereinafter called CONTRACTOR ) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 - WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents . The Work is generally described as follows : The project will consist of the completion of the remaining improvements in Quail Creek Subdivision . These Improvements will Include but not necessarily be limited to earthwork , utilities , paving , drainage , grading , landscaping and irriqation work 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 : Quail Creek Subdivision County Project Number : 2004020196 - 45291 Project Address : 6150 81 St Street ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER ' s representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ARTICLE 4 - CONTRACT TIMES 4 . 01 Time of the Essence A . All time limits for Milestones , if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Days to Achieve Substantial Completion and Final Completion and Final Payment A . The Work will be substantially completed on or before the 90th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions , and completed and ready for final payment in accordance with 00520 - 2 00520 - Agreement ( Public Works ) ( 3 ) C : \ Documents and Settings \mmclaughlin\ Local Settings\Temporary Internet Files\Content . Outlook\HNGB311Z\00520 - Agreement ( Public Works ) ( 3 ) . doc paragraph 14 . 07 of the General Conditions on or before the 1201h day after the date when the Contract Times commence to run . 4 . 03 Liquidated Damages A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof , OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty ) , CONTRACTOR shall pay OWNER $ 100 . 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 $ 100 . 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 . Payment to CONTRACTOR may be withheld from progress payment by OWNER . ARTICLE 5 - CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . B , below : A . For all Work , at the prices stated in CONTRACTOR ' s Bid , attached hereto as an exhibit . B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : : Numerical Amount : $ 143 , 137 . 95 Written Amount : One hundred forty three thousand , one hundred thirty seven dollars and ninety five cents ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 6 . 02 Progress Payments . A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with 00520 - 3 00520 - Agreement ( Public Works ) ( 3 ) C : \ Documents and Settings\mmclaughlin \ Local Settings\Temporary Internet Files\Content . Outlook\HNGB311Z\00520 - Agreement ( Public Works ) ( 3 ) . doc 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 . 6 . 05 Acceptance of Final Payment as Release . A . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however , final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond . 00520 - 4 00520 - Agreement ( Public Works ) ( 3 ) C : \Documents and Settings\mmclaughlin\ Local Settings\Temporary Internet Files\Content . Outlook\HNGB311Z\00520 - Agreement ( Public Works ) ( 3 ) . doc ARTICLE 7 - INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification ) of the General Conditions to the Construction Contract . ARTICLE 8 - CONTRACTOR ' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A . CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents . B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost , progress , and performance of the Work . D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site ( except Underground Facilities ) , if any , which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions and ( 2 ) reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . E . CONTRACTOR has obtained and carefully studied ( or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions ( surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any , expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents . G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . 00520 - Agreement ( Public Works ) ( 3 ) 00520 - 5 C : IDocuments and SettingslmmclaughlinlLocal Settings\Temporary Internet Fileslcontent . Outlook\HNGB311Z100520 - Agreement ( Public Works ) ( 3 ) . doc I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 9 - CONTRACT DOCUMENTS 9 . 01 Contents A . The Contract Documents consist of the following : 1 . This Agreement ( pages 1 to 8 , inclusive ) 2 . Notice to Proceed ( page 00550 - 1 ) 3 . Public Construction Bond ( pages 00610 - 1 to 00610 - 3 , inclusive ) 4 . General Conditions ( pages 1 to 45 , inclusive ) 5 . Sample Certificate of Certificate of Liability Insurance ( page 00620 - 1 ) 6 . Supplementary Conditions ( pages 1 to 8 , inclusive ) 7 . Contractor' s Application for Payment ( pages 00622 - 1 to 00622 - 6 , inclusive ) 8 . Specifications as listed in the table of contents of the Project Manual 9 . Drawings consisting of a cover sheet and SBS drawings 2 , 5A , 6A , 7 - 11 , C1 , C3 and L1 ; MBV drawings C1 to C7 and IRC Utility Department Sheet 1 / 1 10 . Addenda ( numbers 1 to 1 , inclusive ) 11 . Appendices to this Agreement ( enumerated as follows ) None needed 12 . CONTRACTOR ' S BID ( pages 1 to 7 , inclusive ) 13 . Bid Bond ( page 1 inclusive ) , Qualifications Questionnaire ( page 1 to 4 , inclusive ) , List of Subcontractors ( page 1 inclusive ) 14 . Sworn Statement Under the Florida Trench Safety Act ( pages 1 to 2 , inclusive ) 15 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 1 to 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 : 00520 - 6 00520 - Agreement ( Public Works ) ( 3 ) C : \ Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\ HNGB311Z\00520 - Agreement ( Public Works ) ( 3 ) . doc a ) Written Amendments b ) Work Change Directives c ) Change Order( s ) 17 . Contractor' s Final Certificate of the Work ( page 00632 — 1 & 2 of the Specifications ) ARTICLE 10 = MISCELLANEOUS 10 . 01 Terms A . Terms used in this Agreement will have the meanings indicated in the General Conditions . 10 . 02 Assignment of Contract A . No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent ( except to the extent that the effect of this restriction may be limited by law ) , and unless specifically stated to the contrary in any written consent to an assignment , no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . 10 . 03 Successors and Assigns A . OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . 10 . 04 Severability A . Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue A . This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County , Florida , or , in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . [The remainder of this page was left blank intentionally] 00520 - 7 00520 - Agreement ( Public Works ) ( 3 ) C : 1Documents and SettingslmmclaughlinlLocal Settings\Temporary Internet Files\Content . Outlook\HNGB311Z100520 - Agreement ( Public Works ) ( 3 ) . doc IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on December 7 , 2010 ( the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement ) . OWNER : CONTRACTOR . INDIAN RIVER COUNTY By : :cG V� B � .. ... c �....,�.., y Bob Solari , Chairman ( Contractor) By ?oseph Saar , CORP RATA . Baird , County Administrator Attest APPROVED AS TO FOR � ND LEGAL SUFFI IENCY : '� By P. AlanS . olack ich , Sr . , County Attorney Address for giving notices : _ C D t Vie, I-)L 6C,t u; it V J - O Jeffrey K . Barton , Clerk of Court � i ; cr j License No . �- C > 17 �( qt Attest : ( Where applicable ) Deputy Clerk ( SEAL ) Agent for service of process : Designated Representative : Name : Christopher J . Kafer, Jr. , P . E . Designated Representative : Title : County Engineer Name : 1801 27th Street Title : i ' -e VLt Vero Beach Florida 32960 •••"+•COM ""`'�• •. �� . • , , , • M/s «y Address : ( 772 ) 226 - 1221 ••;«��-`�' • . • ' 's�'��; , WVL .✓ e4Yt%� c " Facsimile : ( 772 ) 778 - 9391 •.��s • Phone : '7 '7 - �� - '7 � cNc) Facsimile : qg :y ( If CONTRACTOR is a corporation or a ;9.y' • , �` , F, •��o�++ partnership , attach evidence of authority to sign . ) /A�/� . , • per_•• 19 41* 41 mete 01 * 111 not oil * ` END OF SECTION 00520 - 8 00520 - Agreement ( Public Works ) ( 3 ) C : 1Documents and SettingslmmclaughlinlLocal Settings\Temporary Internet Files\Content . Outlook\HNGB311Z100520 - Agreement ( Public Works ) ( 3 ) . doc SECTION 00550 - Notice to Proceed Dated 1 /7 / 11 [ Certified Mail - - Return Receipt Requested ] TO : Timothy Rose Contracting , Inc . ( BIDDER )BIDDER ) 1360 Old Dixie Hwy . SW # 106 Vero Beach , Florida 32962 Contract For : The Quail Creek Subdivision ( Insert name of Contract as it appears in the Contract Documents) IRC Project No : 2004020196 -45291 IRC Bid No . 2011012 You are notified that the Contract Times under the above contract will commence to run on 1 /7/ 11 . By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated 90 days for Substantial Completion of this project and 120 days for Final Completion . In accordance with Article 4 of the Agreement the date of Substantial Completion is 4/6/ 11 and the date of readiness for final payment is 5/7 / 11 . 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) Contact Dan Wittenberg , Engineering Inspection Supervisor . INDIAN RIVER COUNTY ( ow ) Y ' (AUT IZED ez Co nty Engineer (TITLE) 00550 - Notice to Proceed REV 1 -4 -2011 . doc 00550 - 1 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00550 - Notice to Proceed REV 111-2011 . doc Rev . 05101 00610 - PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla . Stat . 255 . 05 ( 1 ) ( a ) , and be substantially in the format shown on the first page following this instruction . The Public Construction Bond shall be in the form suggested by Fla . Stat . 255 . 05 ( 3 ) as shown on the second page following this instruction . A Power of Attorney from a surety insurer authorized to do business in Florida , authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond . 00610 - 1 00610 - Public Construction Bond . doc FAEngineering\Land Development Permits\Quail Creek PD\Bid - Contract Documents\00610 - Public Construction Bond . doc - 5 ` _ Ircet DEPARTMENT OF BUSINESS AND '� � �- � PROFESSIONAL REGULATION ' CONSTRUCTION INDUSTRY LICENSING BOARD ; 9T 1940 NORTH MONROE STREET ( 850 ) 487 _ 1395 TALLAHASSEE FL 32399 - 0783 ROSE , TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC 1360 SW OLD DIXIE HIGHWAY # 106 VERO BEACH FL 32962 ` y , r Congratulations ! With this license you become one of the nearly one million .::-Ti: ael ,1 T -� Floridians licensed by the Department of Business and Professional Regulation . ,� CI .4s , 'UEP•,. .! L j. , `� -;i: OF - BUSI��Tg . ,, AND , Our professionals and businesses range from architects to yacht brokers , from � IRl L GtTLT101 .,! I boxers to barbeque restaurants , and they keep Florida ' s economy strong . c ` ' Y i Every day we work to improve the way we do business in order to serve you better . coca 4'( l'o/ i4Z k 09 ` 061 '186 For information about our services , please log onto www . myfloridalicense . com . cER1E ' - L "S •L There you can find more information about our divisions and the regulations that >E�AGQR impact you , subscribe to department newsletters and learn more about the DOSE r 1, 't T 'I'M i AIt Yr j `' Department ' s initiatives . fi` OTX s, ‘,,, p, � � INC 4 II fi .i wtw � s � Our mission at the Department is : License Efficiently , Regulate Fairly . We � t a, constantly strive to serve you better so that you can serve your customers . Thank you for doing business in Florida , and congratulations on your new licenses zs eRTxi ip tae = ti~he prgvi0ona €4 Ch :r. FS 4 8 9 , ,,. ., . ,. ,• , a aCicXate : �UQt . � } Q ',� I Ik140 $: 9Q1 $ 21 , _ DETACH HERE " F .r d 1 i t i j s h Yr ra + - i b 11 1 a . 1 t : 1. : • t .. ., ,�,rr ! . ' +.:,.4.---14 r �' rr" -- .- .. c ,`r - �° r . _..: • : Pt Public Work F• S . Chapter 255.05 (1) (a ) C'Over Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 25505 OR SECTION 713 , 23 FLORIDA STATUTES INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST 131a: IN ACCORDANCE WITH THE NOTI ANY D ACTION LIMITATION PROVISIONS IN SECTION 255 . 05 ( 2 ) OR SEC71ON 713 .23 FLORIDA STATUTES, CE ANO TIME BOND NO: 535276P CONTRAC110ftNAME: Timothy Rose Contracting Inc . CUN 'CRACTORADDRESS: 1 360 SW Old Dixie Hwy , . Ste 106 Vero Beach FL32962 CONTRAACrOR PHONE NQ: 772 - 564 - 7800 SURETY COMPANY NAMN: Developers Surety and Indemnity Company sURr:TY PRINCIPAL 150 South Pine Island Road , Ste 510 BUSINESS ADDRESS: Plantation FL 33323 SURE'!'YPHONE NO: 954 - 693 = 0270 _ • • • H f'Tw MM1. . . . - . 1 . OWN HRNAME Indian River County Board of County Commissioners OWNER ADDRESS, 1800 2 7 Street , Vero Beach , FL 32968 OWNER >< iONGN04 772 - 567 - 8000 OBLIGEE NAME: 2112380 (If contracting an ity is different from -THIS DUCUMENT MAS SEEN r .. RECORDED IN THE PUBLIC RECORDS the owner, ti'ccontcactiagpublic enhtyy OF INDIAN RIVER COUNTY FL OBLIGEE Ai�DRCSS: BK : 2469 PG : 771 , Pagel of 3 y 01 /04,'2011 at 10 : 42 AM , JEFFREY K BARTON , CLERK OF COURT O13LIGEE PHONE NO. _ BOND AMOUNT: $ 1 4 3 , 1 3 7 . 9 5 E - - CONTRACTNa: 2004020196 - 45291 (If apptirable) DESCRIPTION OFwoICK Quail Creek Subdivision PROJECT LOCATION : 6150 - 81 Street Vero Beach . FL LEGAL DESCRIPTION . (if applicablO rACjrE Alt othtr bond page(s) aro deaued sab"quent to tbig pagt roPrdltta of any page eumbeKs) that may be prinito tberaon. 00610 - 2 00610 - Public Construction Bond ,doc F :1En9ineeringU-and Development Perrnits'VpL it Creek PD%BWd Cor*W Docun* t5WId - Publtc Constr� Bond A= 07114x' 2009 1306 06 9542559857 BBB TNC PAGE 01 bbb Inca Bob Bai ' ra Bonds , Inc . To Whom It May Concern , 1 RB : Timothy Rose Contracting , Inc . . Dear Gentlemen , Please be advised that Timothy Rose Contracting, Inc . , is bonded by Developers Surety and Indemnity Company. We have bonded the principal since 2003 . We consider the principal to be a valued and respected contractor who has completed all of their projects in a timely and professional mann. .er . Currently Timothy Rose Contracting, Inc . , has a $5 , 000, 000 . 00 single bond guideline and a $ 10 , 000 , 000 . 00 aggregate . We do not anticipate a problem providing bonds for the principal subject to ouar receipt and .review of a written. wntract and the bond terms . The request must come from our client and be accompanied by our normal. underwriting information . We reserve our right to base our decision to provide bonding at the time of the bond request. Our association with Timothy Rose Contracting, Inc . , has been extremely favorable and we are confident that you will find thein to be highly qualified and respoansxve to your needs . If you have any questions please call . S1 cerely, Robot Barra President Bob Barra Bonds, Inc . 9373 W . Sample Road , Ste 206, Coral Springs , FL 33065 (954)255-9855 Fax (954) 255-9857 PUBLIC CONSTRUCTION BOND Bond No . 535276P �en_ ter bond number veHope s J, uWA , imothy Rose Contracting , Inc . as a corporation , as Surety, are bound t Indlian R herein cal ed Owner, rn the sum of $ 1 4 3 , 1 3 7 . 9 5 i ver County 4 . bind ourselves , our heirs , persona ( representatives ' for payment of which we severalty . es , successors , and assigns , jointly and �M THE CONDITION OF THIS BOND Is that if Principal : I . performs the contract dated o , between Principal and Owner for construction ofQuai #r-714iCreek su ivisi. on n made a part of this bond by reference , at the times and in the manner a contract being contract ; and prescribed in the 2 . Promptly makes payments to all claimants , as defined In Statutes , supplying Principal with labor, materials , or su liesSe ran 255 . 05{ 't a Florida by Principal in the prosecution of the work provided for i t . used directly or indirectly 3 . Pays Owner all lasses , damages , expenses , cysts , and he cantraet; and appellate proceedings , that Owner sustains because of a default b Y ePyrs fees , index the contract ; and Principal under the 4 . Performs the guarantee of all work and materials Furnished under the contract for the time specified in the contract, then this bond Is void ; otherwise it remains in full force . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 (2 ) , Florida Statutes . Any changes in or under the contract documents and compliance or noncompliance �- with any formalities connected with the contract or the changes does not affect Surat ' obligation under this bond . y s rti , ri DATED ON December 15 , 2010 }` • °` Ole . A- Timothy Rose Contractl g4 ,' �Iric;: loss Nam.of Pri cl al B dM .« ry y Rose - -t ' y veloper urety aA6 -_ Ipdi mni -ty ama of 5c1' _. .. Ey Robert arra Attorney ,�'n ' ?ac ^ : . r , 00810 - s 00510 - PubGc Construction 8ond .doc F :1Enginew6rglL•and Development PConitslQuall Creek POwid-contr3Ct Documents100610 - Public Cvnstructioo Bond -dos; 535276P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725 , IRVINE , CA 92623 (949 ) 263 - 3300 KNOW ALL BY THESE PRESENTS that except as expressly limited , DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make , constitute and appoint : * * * Robert Barra * * * as its true and lawful Attorney(s)- in- Fact, to make, execute , deliver and acknowledge , for and on behalf of said corporation , as surety, bonds , undertakings and contracts of suretyship giving and granting unto said Attorney(s )-in- Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do , but reserving to each of said corporation full power of substitution and revocation , and all of the acts of said Attomey(s)-in -Fact, pursuant to these presents , are hereby ratified and confirmed . This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1st, 2008 . RESOLVED , that a combination of any two of the Chairman of the Board , the President , any Executive Vice- President , Senior Vice- President or Vice- President of the corpo- ration be , and that each of them hereby is , authorized to execute this Power of Attomey, qualifying the attorneys) named in the Power of Attorney to execute , on behalf of the corporation , bonds , undertakings and contracts of suretyship ; and that the Secretary or any Assistant Secretary of the corporation be , and each of them hereby is , authorized to attest the execution of any such Power of Attorney ; RESOLVED, FURTHER , that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile , and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond , undertaking or contract of suretyship to which it is attached , IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January 1st , 2008 . By -- ty AND , Daniel Young , Vice- President ,•'J��.• "p p aF '••. " a ' 00 By . z o ' 1936 ' o = Stephen T. Pate , Senior Vice- President State of California „ ill*` t County of Orange On August 13th , 2008 before me , Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Youna and Stephen T Pate Name(s) of Signer(s ) who proved to me on the basis of satisfactory evidence to be the person ( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized r 4t JENNY TT NGUYEN capacity (ies ) , and that by his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of COMM . # 1781640 which the person( s) acted , executed the instrument. NOT'� I'UBLtC � I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE CCVWN true and correct. frty comm , expires Febi, 1A 2M WITNESS my hand and official seal Place Notary Seal Above Signature Je TT Ng n , tary Public • 4 CERTIFICATE ,, • ` K ; -,. The undersigned , as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foreg6fng Pbwe' r,-of.A'l1Qrr remains in full force and has not been revoked and , furthermore , that the provisions of the resolution of the Board of Directors of said corporation set forth inane Po i i of-Attorney are force as of the date of this Certificate . - t This Certificate is executed in the City of Irvine , California , this 1 5 day of December 2010 - By : Gregg Okur , istant Secretary I D- 1438( Rev. 11 /09 ) From : Tani Jacobson FaxiD: STUINS-FAX01 Page 2 of 2 Date : 12/13/10 03 : 21 PM Page :2 of 2 c�Q �,,,.,. CERTIFICATE OF LIABILITY I DATF { } THIS CERTIFICATE IS ISSUED AS A MATTER OF INF INSURANCE OP ID TJ INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THI$ 13 / 10 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 , the cart cafe er s anAL I SUt p cy es must a endorsed, If SUBRO the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the su ct to certificate holder In Ileu of such endorsement(s). PRODUCER NAME : Stuart Insurance , Inc . (A1C, No, Ent) : 3070 S W Mapp A(1VCNo1 Palm City FL 34990 ADDRESS : Phone : 772 -286 - 4334 Fax : 772 - 286 - 9389 CUSTOMER ID #. TIMOR- 1 INSURED INSURER(S ) AFFORDING COVERAGETimothy RoseINSURER A : Harl*psvillo insu:anca croup Contracting , , Inc . INSURER B : 1360 Old Dixie HWV SW Vero Beach FL 32 992 INSURER C INSURER D : INSURER E : COVERAGES INSURER F : 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 CONTRACTOR 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 , Ilm FA TYPE OF INSURANCE INSR POLICY NUMBER (MM/DDWIYY GENERAL LIABILITY ) (MMIDDIYYW) LIMITS EACH OCCURRENCE $ 1 , 0 0 0 , 0 0 0 !17 RCIAL GENERAL LIABILITY GL00000049465A 06 /06 /10 06 /06 /11 PREMISES ( Ea occurrence ) $ 100 , 000 AIMS MADE OCCUR MED EXP (Any one person ) $ 5 , Opp XContractual Liab x Incl XCU PERSONAL & ADV INJURY $ 1 , p 0 010 0 p GENERAL AGGREGATE $ 2 , 0 p 0 , 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER : POLICY X PRO. LOC PRODUCTS - COMP/OPAGG $ 2 , 000 , 00o AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO BA00000049464A 06 /06 /10 06 /06 /11 ( Ea accident) $ 1 , 000 , 000 ALL OWNED AUTOS BODILY INJURY ( Per person ) $ SCHEDULED AUTOS BODILY INJURY ( Per accident) $ X HIRED AUTOS PROPERTY DAMAGE ( Per accident) $ X NON-OWNED AUTOS $ A UMBRELLA LM X OCCUR CNBO0000049462A 06 /06 /10 06 /06 /11 EACH OCCURRENCE $ 3 , 000 , 000 EXCESS LlAB CLAIMS MADE AGGREGATE $ 3 ,r000 jr000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION OTH- AND EMPLOYERS' LUUMITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ MIA E .L . EACH ACCIDENT $ (Mandatory In NH) E . L . DISEASE . EA EMPLOYEE $ If yes , describe under DESCRIPTION OF OPERATIONS below E . L . DISEASE - POLICY LIMIT $ A Contractors Equip Cl2M1676 06 /06 /10 06 /06 /11 Rented 50 , 000 Equipment $ 1000 ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, M more space Is required) Grading of Land/ Site Prep - State of Florida RE : Bid 2011012 , Quail Creek Subdivision CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE IRCBC - 1 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County Board of County Commissioners AUTHORIZED REPRESENTATIVE Attn : Purchasing Division t 18001 27th Street Vero Beach FL 32960 V11188-2009 Ac6ftTURPMATION . M rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE D81e Producer: Lion insurance Company 12/14/2010 2739 U . S . Highway 19 N . This Certificate Is Issued as a matter of information only and confers no rights upon the Certificate Holder, This Certificate does not amend, extend or alter Holiday , FL 34691 the coverage afforded by the policies below. ( 727) 938 -5562 Insurers Affording Coverage Insured: South East Personnel Leasing , Inc . Insurer A: NAIC # Lion Insurance Company 11075 2739 U . S . Highway 19 N . Insurer B : Holiday , FL 34691 Insurer C : Insurer D : Inaurer C: Coverages Me Policies Of insurance listed belowave en Issued to the insured name ova ror tne Policy Wnocl m icate . NotWthsten ing any requirement, term or con ikon o any contract or er ocumertwt respect to tc this certificate may be issued or may pertain , the insurance afforded by the policies described herein is subject to ah the terms , exclusions, and conditions of such Policies . Aggregate limits shown may have been reduced by paid claims • INSR ADDL Polis LTR INSRD Type of Insurance Policy Number Policy Policy Expiration Date Limits ENERAL LIABILITY ( MM/DD/YY) ( MM/DD/YY) Commercial General Liability Each occurrence Claims Made ❑ Occur Damage to rented premises (EA occurrence) Med Exp neral aggregate limit applies per : Personal Adv Injury Policy ❑ Project ❑ LOC General Aggregate Products - Comp/Op Agg UTOMOSILE LIABILITY Combined Single Limit Any Auto (EA Accident) All Owned Autos Bodily Injury cichet1iAd AI $QS (Per Person) Hired Autos Bodily Injury Non- Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each occurrence Occur Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01 /01 /2011 01 /01 /2012 X WC Statu- OTH- Employers' Liabillty tory Limits ER Any proprietor/partner/executive officer/member E . L . Each Accident $ 1 ,000 ,000 excluded? If Yes, describe under special provisions below. E . L . Disease - Ea Employee $ 16000 ,000 E . L . Disease - Policy Limits $ 1 ,000 ,000 Other Lion Insurance Company is A. M . Best Company rated A- ( Excellent) . AM B # 12616 Descriptions of Operations/Locations/Vehicies/Excluslons added by Endorsement/Speelal Provisions : Client ID : 31-65408 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc . that are leased to the following "Client Company" : Timothy Rose Contracting, Inc . Coverage only applies to injuries incurred by South Cast Personnel Leasing, Inc , active employee(s) , while working in Florida . Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938- 5562 . Project Name : BID N0 . 2011012, QUAIL CREEK SUBDMSION, INDIAN RIVER COUNTY, FL FAX : 772- 561 - 7888 & 772J70-5140 / ISSUE 12ml4A0 ( TD) BeginDate , 2 /4/2009 CERTIFICATE HOLDERCANCELLATION INDIAN RIVER COUNTY BOARD OF COUNTY 5hould any or me above described policlas be cancelled berore the expiration date [hereof, the Issuing Insurer will COMMISSIONERS PURCHASING DIVISION endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of anryldnd upon the insurer, its agents or representatives . 1800 27TH STREET VERO BEACH, FL 32960 "may SECTION 00622 - Contractor ' s Application for Payment Quail Creek Subdivision Application for Payment No . For Work Accomplished through the period of through To : Indian River County ( OWNER ) From : ( CONTRACTOR ) Bid : 2011012 Project : 2004020196 -45291 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or - ) : $ 3 . Current Contract Price ( 1 plus 2 ) : 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement ) : of completed Work : $ % of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION 6 MINUS 7 ) : $ * * Attach detailed schedule of materials and copies of all invoices with lien releases CONTRACTOR ' S CERTIFICATION : UNDER PENALTY OF PERJURY , the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; ( 2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , material men 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 , material men 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 F :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00622 - Contractor's Application for Payment - new template 03- 10 rev.doc Rev . 05/01 Page 2 of 5 2 . Updated Construction Schedule per Specification Section 01310 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 ) UBLIC :( SEAL ) Printed name : Commission No . : Commission Expiration : [The remainder of this page was left blank intentionally] 00622 - 2 F :1Engineering\Land Development Permits\Quail Creek PD1Bid-Contract Documents100622 - Contractor' s Application for Payment - new template 03- 10 rev. doc Rev 05/01 Page 3 of 5 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 F :\Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00622 - Contractor's Application for Payment - new template 03- 10 rev. doc Rev. 05/01 Page 4of5 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and /or material supplied by the Contractor . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE CERTIFICATION OF INSPECTOR . 1 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] Page 5of5 00622 - 4 F : \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00622 - Contractor's Application for Payment - new template 03- 10 rev.doc Rev. 05101 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 F :\Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00622 - Contractor's Application for Payment - new template 03- 10 rev. doc Rev . 05/01 Pay Application Spreadsheet for IRC Project No . 2004020196-45291 • ' • ri I- SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Item No . Description Unit Quantity Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL SUBTOTAL SUBTOTALI 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 18 FORCE ACCOUNT 1 LS GRAND TOTAL TOTAL 0 .00 AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0.00 SUB-TOTAL MATERIALS STORED AND COMPLETED TO DATE $0.00 RETAINAGE AT 10% $0.00 TOTAL COMPLETED AND STORED LESS RETAINAGE $0.00 LESS PREVIOUS PAYMENT $0.00 11 AMOUNT DUE CONTRACTOR $0.00 D G) M 0 0 rn N N F :\Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00622-Contractors Pay Application Spreadsheet . xlsSheet1 SECTION 00630 - Certificate of Substantial Completion Date of Issuance : , 20 OWNER : Indian River County CONTRACTOR : Project No . : 200402019645291 Bid No . : 2011012 CONTRACT FOR : Quail Creek Subdivision This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof : To - OWNER And To CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion . doc 00630 - 1 F: \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00630 - Certificate of Substantial Completion . doc The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : CONTRACTOR : The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents .] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR ' s obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on : ( Date ) . ENGINEER : By : (Authorized Signature ) CONTRACTOR accepts this Certificate of Substantial Completion on ( date ) . CONTRACTOR : By : (Authorized Signature ) OWNER accepts this Certificate of Substantial Completion on ( date ) . OWNER : INDIAN RIVER COUNTY By : (Authorized Signature ) * * END OF SECTION 00630 - Certificate of Substantial Completion . doc 00630 - 2 F :\Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00630 - Certificate of Substantial Completion .doc SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK ( TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) STATE OF COUNTY OF Personally before me the undersigned officer , authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 020 , 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 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents100632 - Contractor's Final Certification . doc ( Corporate Sea [ ) ( 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 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00632 - Contractor's Final Certification . 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 : Quail Creek Subdivision INDIAN RIVER COUNTY PROJECT # 200402019645291 1 FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below . [Attach additional sheets as necessary] ( SURVEYOR ' S SEAL ) CERTIFIED BY : Printed Name : Florida Professional Surveyor and Mapper Registration Number : Date Signed and Sealed by Professional Surveyor and Mapper : Company Name : Company Address : Telephone Number : 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work . doc 00634 - 1 FAEngineering1and Development Permits\Quail Creek PD\Bid-Contract Documents\00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work. doc Rev. 06101 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright © 1996 National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N . W . , Washington , DC 20005 American Society of Civil Engineers 345 East 47th Street, New York , NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 03 Commencement of Contract Times, Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 04 Starting the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 06 Preconstruction Conference . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . 10 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . I . . , . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . * . . . . . . . . . . . . 11 4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W11 . . . . . I . . . . . . . I . . . . . . . I . . . . . . P . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W . . . * . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . 15 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 04 CONTRACTOR 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 05 OWNER 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . 16 5 . 06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . 16 5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 10 Partial Utilization, Acknowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 0 . . . . . . . I . . . . . 18 ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 02 Labor; Working Hours . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 05 Substitutes and "Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 00700 - General Conditions . doc 00700 - 2 FAErgineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc 6 . 08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . . 0 . . . . . . . . . . . 22 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . _ . . . . . . . . . . . 23 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 19 CONTRACTOR 's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 20Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . 26 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 8 - OWNER ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 01 Communications to Contractor. . . . . . . . . . I . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . 27 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 05 Lands and Easements, Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 , 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . 0 . . . . . . . . . . . . 28 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 9 - ENGINEER ' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . moo 28 9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . 28 9 . 03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . 0 . . . . . 30 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 04 Notification to Surety, . . . . . . . . . . . . . . . 0 . . . . . . . . . . P . . " . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oo . . * 6 * . . . . . 0 . . . . . . . . . . . . . . . 30 10 . 05 Claims and Disputes , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 . 01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I - . - - - - - . . . . . . . . . . . . . . . . . . . . . . - - - - - - . . . . . . . . I . . . . . . . . . . . . . . 31 11 . 02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . I . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . moo . . . . 33 11 . 03 Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . 34 00700 - General Conditions . doc 00700 - 3 FAEngineeringTand Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . 35 12 . 03 Delays Beyond CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 01 . Notice of Defects . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . - - - - . I. . . . . . . . . . . - - - - . . 35 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 04 Uncovering Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . 37 13 . 09 OWNER May Correct Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . w . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . W . . . . . . . . . . . . . . . . 38 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14 . 07 Final Payment . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 02 OWNER May Terminate for Cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . 44 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 17 . 05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 00700 - General Conditions . doc 00700 - 4 F : \Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00700 - General Conditions- doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times , or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract . A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim . and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and CONTRACTOR concerning the Work . The Contract 1 . Addenda—Written or graphic instruments supersedes prior negotiations , representations , or issued prior to the opening of Bids which clarify , agreements , whether written or oral . correct , or change the Bidding Requirements or the Contract Documents . 12 . Contract Documents--The Contract Documents establish the rights and obligations of the 2 . Agreement--The written instrument which parties and include the Agreement , Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents) , CONTRACTOR ' s CONTRACTOR covering the Work . Bid ( including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment—The form Notice of Award ) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds , these CONTRACTOR during the course of the Work in General Conditions , the Supplementary Conditions , requesting ,progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents . with all Written Amendments , Change Orders , Work Change Directives , Field Orders , and ENGINEER ' s 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration . Documents . . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files 5 . Bid--The offer or proposal of a bidder in electronic media format of text, data , graphics , and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents. 6 . Bidding Documents—The Bidding 13 , Contract Price—The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the ( including all Addenda issued prior to receipt of Bids) . Work in accordance with the Contract Documents as stated in the Agreement ( subject to the provisions of 7 . Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work) . Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any , and the Bid form 14 . Contract Times—The number of days or with any supplements . the dates stated in the Agreement to : ( i ) achieve Substantial Completion ; and ( ii) complete the Work so 8 . Bonds— Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security . ENGINEER ' s written recommendation of final pay- ment. 9 . Change Order—A document recommend - ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR--The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement, revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work—See paragraph 11 . 01 . A Effective Date of the Agreement. for definition . 00700 - General Conditions _ doc 00700 - 5 FAEngineeringTand Development Perm is\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc 17 . Drawings—That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by ENGINEER tion of all the Work . which graphically shows the scope , extent , and character of the Work to be performed by 28 . Notice of Award--The written notice by CONTRACTOR . Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined . bidder with the conditions precedent listed therein , OWNER will sign and deliver the Agreement. 18 . Effective Date of the Agreement--The date indicated in the Agreement on which it becomes 29: Notice to Proceed--A written notice given effective , but if no such date is indicated , it means the by OWNER to CONTRACTOR fixing the date on date on which the Agreement is signed and delivered which the Contract Times will commence to run and by the last of the two parties to sign and deliver. on which CONTRACTOR shall start to perform the 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 non - Hazardous Waste and crude oils . 23 . Hazardous Environmental Condition --The presence at the Site of Asbestos , PCBs , Petroleum , 34 . Project—The total construction of which Hazardous Waste , or Radioactive Material in such the Work to be performed under the Contract quantities or circumstances that may present a Documents may be the whole , or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents . thereto in connection with the Work . 35 . Project Manual—The bound documentary 24 . Hazardous Waste—The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section Work . A listing of the contents of the Project Manual , 1004 of the Solid Waste Disposal Act (42 USC which may be bound in one or more volumes , is Section 6903) as amended from time to time . contained in the table ( s ) of contents . 25 . Laws and Regulations; Laws or Regulat 36 . Radioactive Material—Source , special ions--Any and all applicable laws , rules , regulations , nuclear, or byproduct material as defined by the ordinances , codes , and orders of any and all govern - Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies , agencies , authorities , and courts seq . ) as amended from time to time . having jurisdiction . 37 . Resident Project Representative—The 26 . Liens—Charges , security interests , or authorized representative of ENGINEER who may be encumbrances upon Project funds , real property , or assigned to the Site or any part thereof. personal property . 38 . Samples—Physical examples of 27 . Milestone--A principal event specified in materials , equipment, or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 00700. - General Conditions. doc 00700 - 6 FAEngineeringlLand Development PermitslQuail Creek PD\Bid-Contract Documents100700 - General Conditions. doc establish the standards by which such portion of the Work will be judged . 47 . Unit Price Work--Work to be paid for on the basis of unit prices . 39 . Shop Drawings—All drawings , diagrams , illustrations , schedules , and other data or information 48 . Work--The entire completed construction which are specifically prepared or assembled by or for or the various separately identifiable parts thereof re- CONTRACTOR and submitted by CONTRACTOR to quired to be provided under the Contract Documents . illustrate some portion of the Work . Work includes and is the result of performing or providing all labor, services , and documentation 40 . Site-- Lands or areas indicated in the necessary to produce such construction , and Contract Documents as being furnished by OWNER furnishing , installing , and incorporating all materials upon which the Work is to be performed , including and equipment into such construction , all as required rights -of-way and easements for access thereto , and by the Contract Documents . such other lands furnished by OWNER which are designated for the use of CONTRACTOR . 49 . Work Change Directive--A written statement to CONTRACTOR issued on or after the 41 . Specifications--That part of the Contract Effective Date of the Agreement and signed by Documents consisting of written technical descriptions OWNER and recommended by ENGINEER ordering of materials , equipment , systems , standards , and an addition , deletion , or revision in the Work , or workmanship as applied to the Work and certain responding to differing or unforeseen subsurface or administrative details applicable thereto . physical conditions under which the Work is to be performed or to emergencies . A Work Change 42 . Subcontractor--An individual or entity Directive will not change the Contract Price or the having a direct contract with CONTRACTOR or with Contract Times but is evidence that the parties expect any other Subcontractor for the performance of a part that the change ordered or documented by a Work of the Work at ` the Site . Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by 43 . Substantial Completion--The time at the parties as to its effect, if any , on the Contract Price which the Work ( or a specified part thereof) has or Contract Times . progressed to the point where , in the opinion . of ENGINEER , the Work ( or a specified part thereof) is 50 . Written Amendment--A written statement sufficiently complete , in accordance with the Contract modifying the Contract Documents , signed by Documents , so that the Work ( or a specified part OWNER and CONTRACTOR on or after the Effective thereof) can be utilized for the purposes for which it is Date of the Agreement and normally dealing with the intended . The terms " substantially complete" and nonengineering or nontechnical rather than strictly " substantially completed " as applied to all or part of the construction -related aspects of the Contract Docu- Work refer to Substantial Completion thereof. ments . 44 . Supplementary Conditions--That part of 1 . 02 Terminology the Contract Documents which amends or supplements these General Conditions . A. Intent of Certain Terms or Adjectives 45 . Supplier—A manufacturer, fabricator, 1 . Whenever in the Contract Documents the supplier, distributor, materialman , or vendor having a terms " as allowed , " " as approved , " or terms of like direct contract with CONTRACTOR or with any effect or import are used , or the adjectives Subcontractor to furnish materials or equipment to be " reasonable , " " suitable , " " acceptable , " " proper , " incorporated in the Work by CONTRACTOR or any " satisfactory , " or adjectives of like effect or import Subcontractor. are used to describe an action or determination of ENGINEER as to the Work , it is intended that such 46 . Underground Facilities--Ali underground action or determination will be solely to evaluate , in pipelines , conduits , ducts , cables , wires , manholes , general , the completed Work for compliance with vaults , tanks , tunnels , or other such facilities or the requirements of and information in the Contract attachments , and any encasements containing such Documents and conformance with the design facilities , including those that convey electricity , gases , concept of the completed Project as a functioning steam , liquid petroleum products , telephone or other whole as shown or indicated in the Contract communications , cable television , water, wastewater, Documents ( unless there is a specific statement storm water, other liquids or chemicals , or traffic or indicating otherwise ) . The use of any such term or other control systems . adjective shall not be effective to assign to ENGI - 00700 - General Conditions. doc 00700 - 7 F : \ Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc NEER any duty or authority to supervise or direct E . Unless stated otherwise in the Contract Docu - the performance of the Work or any duty or ments , words or phrases which have a well- known authority to undertake responsibility contrary to the technical or construction industry or trade meaning are provisions of paragraph 9 . 10 or any other provision used in the Contract Documents in accordance with of the Contract Documents . such recognized meaning . B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 - The word " day" shall constitute a calendar day ' of 24 hours measured from midnight to the next midnight. 2 . 01 Delivery of Bonds C . Defective A . When CONTRACTOR delivers the executed Agreements to OWNER , CONTRACTOR shall also 1 . The word " defective , " when modifying deliver to OWNER such Bonds as CONTRACTOR the word " Work , " refers to Work that is may be required to furnish . unsatisfactory , faulty , or deficient in that it does not conform to the Contract Documents or does 2 . 02 Copies of Documents not meet the requirements of any inspection , reference standard , test, or approval referred to A . OWNER shall furnish to CONTRACTOR up in the Contract Documents , or has been to ten copies of the Contract Documents . Additional damaged prior to ENGINEER ' s recom - copies will be furnished upon request at the cost of mendation of final payment ( unless responsi - reproduction . bility for the protection thereof has been assumed by OWNER at Substantial 2 . 03 Commencement of Contract Times; Notice Completion in accordance with paragraph to Proceed 14 . 04 or 14 . 05 ) . A. The Contract Times will commence to run on D . Furnish, Install, Perform, Provide the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given , on the day 1 . The word " furnish , " when used in indicated in the Notice to Proceed . A Notice to Pro- connection with services , materials , or ceed may be given at any time within 30 days after the equipment , shall mean to supply and deliver Effective Date of the Agreement . In no event will the said services , materials , or equipment to the Contract Times commence to run later than the Site ( or some other specified location ) ready for sixtieth day after the day of Bid opening or the thirtieth use or installation and in usable or operable day after the Effective Date of the Agreement , condition . whichever date is earlier. 2 . The word " install , " when used in 2 . 04 Starting the Work connection with services , materials , or equipment, shall mean to put into use or place A. CONTRACTOR shall start to perform the in final position said services , materials , or Work on the date when the Contract Times com - equipment complete and ready for intended mence to run . No Work shall be done at the Site prior use . to the date on which the Contract Times commence to run . 3 . The words " perform " or " provide , " when used in connection with services , 2 . 05 Before Starting Construction materials , or equipment, shall mean to furnish and install said services , materials , or A. CONTRACTOR 's Review of Contract Docu- equipment complete and ready for intended meets. Before undertaking each part of the Work , use . CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent 4 . When " furnish , " " install , " " perform , " or figures therein and all applicable field measurements . " provide" is not used in connection with services , CONTRACTOR shall promptly report in writing to materials , or equipment in a context clearly ENGINEER any conflict , error, ambiguity , or requiring an obligation of CONTRACTOR , discrepancy which CONTRACTOR may discover and " provide" is implied . shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 00700 - General Conditions. doc 00700 - 8 FAEngineering\Land Development Permits\Quail Creek PDOd-Contract Documents\00700 - General Conditions . doc thereby ; however , CONTRACTOR shall not be liable 2 . 07 Initial Acceptance of Schedules to OWNER or ENGINEER for failure to report any conflict , error, ambiguity , or discrepancy in the A . Unless otherwise provided in the Contract Contract Documents unless CONTRACTOR knew or Documents , at least ten days before submission of the reasonably should have known thereof. first Application for Payment a conference attended by CONTRACTOR , ENGINEER , and others as appropri- B . Preliminary Schedules. Within ten days after ate will be held to review for acceptability to ENGI - the Effective Date of the Agreement ( unless otherwise NEER as provided below the schedules submitted in specified in the General Requirements ) , CONTRAC - accordance . with paragraph 2 . 05 . 13 . CONTRACTOR TOR shall submit to ENGINEER for its timely review : shall have an additional ten days to make corrections and adjustments and to complete and resubmit the 1 . a preliminary progress schedule schedules . No progress payment shall be made to indicating the times ( numbers of days or dates ) CONTRACTOR until acceptable schedules are for starting and completing the various stages submitted to ENGINEER . of the Work , including any Milestones specified in the Contract Documents ; 1 . The progress schedule will be acceptable to ENGINEER if it provides an 2 , a preliminary schedule of Shop orderly progression of the Work to completion Drawing and Sample submittals which will list within any specified Milestones and the each required submittal and the times for sub- Contract Times . Such acceptance will not mitting , reviewing , and processing such impose on ENGINEER responsibility for the submittal ; and progress schedule , for sequencing , scheduling , or progress of the Work nor interfere with or 3 . a preliminary schedule of values for relieve CONTRACTOR from CONTRACTOR Is all of the Work which includes quantities and full responsibility therefor. prices of items which when added together equal the Contract Price and subdivides the 2 . CONTRACTOR' s schedule of Shop Work into component parts in sufficient detail to Drawing and Sample submittals will be serve as the basis for progress payments acceptable to ENGINEER if it provides a during performance of the Work . Such prices workable arrangement for . reviewing and will include an appropriate amount of overhead processing the required submittals . and profit applicable to each item of Work . 3 . CONTRACTOR ' s schedule of values G . EVidenGe Of InSUFaRGe.' Before any VVe .ri - pt will be acceptable to ENGINEER as to form the Site is started , CONTRACTOR and OWNE all and substance if it provides a reasonable each deliver to the other, with copi o each allocation of the Contract Price to component additional insured identified in t upplementary parts of the Work . Conditions , certificates of urance (and other ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , evidence of insurance ich either of them or any AMENDING , REUSE additional insur may reasonably request) which CONTRA and OWNER respectively are rt no ase and maintain in aGGGFdaRGe w0th 3 . 01 Intent A . The Contract Documents are comple- 2 . 06 Preconstruction Conference mentary ; what is called for by one is as binding as if called for by all . s.10 arted , a B . It is the intent of the Contract Documents to to run , but before any Work at the Siteli5 conference attended by CONTRAC , ENGINEER , describe a functionally complete Project ( or part there- and others as appropriate wi e held to establish a of) to be constructed in accordance with the Contract working understandin ong the parties as to the Documents . Any labor, documentation , services , Work and to dis the schedules referred to in para- materials , or equipment that may reasonably be graph 2 . 0 , procedures for handling Shop Drawings inferred from the Contract Documents or from an er submittals , processing Applications for prevailing custom or trade usage as being required to 4. produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER . 00700 - General Conditions. doc 00700 - 9 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents100700 - General Conditions. doc C . Clarifications and interpretations of the failure to report any such conflict, error, Contract Documents shall be issued by ENGINEER ambiguity , or discrepancy unless as providedi n Article 9 . CON - TRACTOR knew or reasonably should have 3 . 02 Reference Standards known thereof. A . Standards, Specifications, Codes, Laws, and B . Resolving Discrepancies Regulations 1 . Except as may be otherwise specifically stated in the Contract Documents 1 . Reference to standards , s � ecifica - P the provisions of the Contract Documents shall tions , manuals , or codes of any technical take precedence in resolving any conflict , error, society , organization , or association , or to Laws ambiguity , or discrepancy between the or Regulations , whether such reference be provisions of the Contract Documents and : specific or by implication , shall mean the stan - dard , specification , manual , code , or Laws or a . the provisions of any standard , Regulations in effect at the time of opening of specification , manual , code , or instruction Bids ( or on the Effective Date of the Agreement (whether or not specifically incorporated by if there were no Bids ) , except as may be reference in the Contract Documents ) ; or otherwise specifically stated in the Contract Documents . b . the provisions of any Laws or Regulations applicable to the performance 2 . No provision of any such standard , of the Work ( unless such an interpretation of specification , manual or code , or any instruction the provisions of the Contract Documents of a Supplier shall be effective to change the would result in violation of such Law or duties or responsibilities of OWNER , Regulation ) . CONTRACTOR , or ENGINEER , or any of their subcontractors , consultants , agents , or employ- 3 . 04 Amending and Supplementing Contract ees from those set forth in the Contract Documents Documents , nor shall any such provision or instruction be effective to assign to OWNER , A. The Contract Documents may be amended to ENGINEER , or any of ENGINEER 3s provide for additions , deletions , and revisions in the Consultants , agents , or employees any duty or Work or to modify the terms and conditions thereof in authority to supervise or direct the performance one or more of the following ways : ( i ) a Written of the Work or any duty or authority to Amendment; ( ii ) a Change Order; or ( iii ) a Work undertake responsibility inconsistent with the Change Directive . provisions of the Contract Documents . B . The requirements of the Contract Documents 3 . 03 Reporting and Resolving Discrepancies may be supplemented , and minor variations and deviations in the Work may be authorized , by one or A. Reporting Discrepancies more of the following ways : ( i) a Field Order; ( ii ) ENGINEER ' s approval of a Shop Drawing or Sample ; 1 . If, during the performance of the or ( iii ) ENGINEER' s written interpretation or clarifi- Work , CONTRACTOR discovers any conflict, cation . error, ambiguity, or discrepancy within the Con - tract Documents or between the Contract 3 . 05 Reuse of Documents Documents and any provision of any Law or Regulation applicable to the performance of the A. CONTRACTOR and any Subcontractor or Work or of any standard , specification , manual Supplier or other individual or entity performing or or code , or of any instruction of any Supplier , furnishing any of the Work under a direct or indirect CONTRACTOR shall report it to ENGINEER in contract with OWNER : ( i) shall not have or acquire writing at once . CONTRACTOR shall not any title to or ownership rights in any of the Drawings , proceed with the Work affected thereby ( except Specifications , or other documents ( or copies of any in an emergency as required by paragraph thereof) prepared by or bearing the seal of 6 . 16 . A) until an amendment or supplement to ENGINEER or ENGINEER ' s Consultant, including the Contract Documents has been issued by electronic media editions ; and ( ii ) shall not reuse any one of the methods indicated in paragraph of such Drawings , Specifications , other documents , or 3 . 04 ; provided , however, that CONTRACTOR copies thereof on extensions of the Project or any shall not be liable to OWNER or ENGINEER for other project without written consent of OWNER and 00700 - General Conditions. doc 00700 - 10 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc ENGINEER and specific written verification or Site ( except Underground Facilities ) that ENGI - adaption by ENGINEER . This prohibition will survive NEER has used in preparing the Contract final payment , completion , and acceptance of the Documents . Work , or termination or completion of the Contract . Nothing herein shall preclude CONTRACTOR from B . Limited Reliance by CONTRACTOR on retaining copies of the Contract Documents for record Technical Data Authorized: CONTRACTOR may rely purposes . upon the general accuracy of the " technical data " contained in such reports and drawings , but such reports and . drawings are not Contract Documents . ARTICLE 4 - AVAILABILITY OF LANDS ; Such " technical data" is identified in the Supplementa - SUBSURFACE AND PHYSICAL CONDITIONS ; ry Conditions . Except for such reliance on such REFERENCE POINTS " technical data , " CONTRACTOR may not rely upon or make any Claim against OWNER , ENGINEER , or any 4 . 01 Availability of Lands of ENGINEER ' s Consultants with respect to - 1 . o :1 . the completeness of such reports A. OWNER shall furnish the Site . OWNER shall and drawings for CONTRACTOR 's purposes , notify CONTRACTOR of any encumbrances or including , but not limited to , any aspects of the restrictions not of general application but specifically means , methods , techniques , sequences , and related to use of the Site with which CONTRACTOR procedures of construction to be employed by must comply in performing the Work . OWNER will CONTRACTOR , and safety precautions and obtain in a timely manner and pay for easements for programs incident thereto ; or permanent structures or permanent changes in existing facilities . If CONTRACTOR and OWNER are 2 . other data , interpretations , opinions , unable to agree on entitlement to or on the amount or and information contained in such reports or extent, if any, of any adjustment in the Contract Price shown or indicated in such drawings ; or or Contract Times , or both , as a result of any delay in OWNER ' s furnishing the Site , CONTRACTOR may 3 . any CONTRACTOR interpretation of make a Claim therefor as provided in paragraph or conclusion drawn from any "technical data" 10 . 05 . or any such other data , interpretations , opinions , or information . B . Upon , reasonable written request, OWNER shall furnish CONTRACTOR with a current statement 4 . 03 Differing Subsurface or Physical Conditions of record legal title and legal description of the lands upon which the Work is to be performed and A. Notice: If CONTRACTOR believes that any OWNER ' s interest therein as necessary for giving subsurface or physical condition at or contiguous to notice of or filing a mechanic' s or construction lien the Site that is uncovered or revealed either: against such lands in accordance with applicable Laws and Regulations . 1 . is of such a nature as to establish that any " technical data" on which CONTRAC - C . CONTRACTOR shall provide for all additional TOR is entitled to rely as provided in paragraph lands and access thereto that may be required for 4 . 02 is materially inaccurate ; or temporary construction facilities or storage of materials and equipment. 2 . is of such a nature as to require a change in the Contract Documents ; or 4 . 02 Subsurface and Physical Conditions 3 . differs materially from that shown or A . Reports and Drawings: The Supplementary indicated in the Contract Documents ; or Conditions identify: 4 . is of an unusual nature , and differs 1 . those reports of explorations and materially from conditions ordinarily tests of subsurface conditions at or contiguous encountered and generally recognized as inher- to the Site that ENGINEER has used in ent in work of the character provided for in the preparing the Contract Documents ; and Contract Documents ; 2 . those drawings of physical then CONTRACTOR shall , promptly after becoming conditions in or relating to existing surface or aware thereof and before further disturbing the subsurface structures at or contiguous to the subsurface or physical conditions or performing any 00700 - General Conditions. doe 00700 - 11 R\Er=gineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions . doc Work in connection therewith ( except in an emergency c . CONTRACTOR failed to give the as required by paragraph 6 . 16 . A) , notify OWNER and written notice within the time and as re- ENGINEER in writing about such condition . quired by paragraph 4 . 03 _ A . CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith 3 . If OWNER and CONTRACTOR are ( except as aforesaid ) until receipt of written order to do unable to agree on entitlement to or on the so . amount or extent, if any , of any adjustment in the Contract Price or Contract Times , or both , a B . ENGINEER 's Review. After receipt of written Claim may be made therefor as provided in -notice as ` required by ' paragraph 4 . 03 . A , ENGINEER paragraph' 10 . 05 . However, OWNER , will promptly review the pertinent condition , determine ENGINEER , and ENGINEER ' s Consultants the necessity of OWNER ' s obtaining additional shall not be liable to CONTRACTOR for any exploration or tests with respect thereto , and advise claims , costs , losses , or damages ( including OWNER in writing (with a copy to CONTRACTOR ) of but not limited to all fees and charges of ENGINEER ' s findings and conclusions . engineers , architects , attorneys , and other professionals and all court or arbitration or other C . Possible Price and Times Adjustments dispute resolution costs ) sustained by CONTRACTOR on or in connection with any 1 . The Contract Price or the Contract other project or anticipated project. Times , or both , will be equitably adjusted to the extent that the existence of such differing 4 . 04 Underground Facilities subsurface or physical condition causes an in - crease or decrease in CONTRACTOR ' s cost A. Shown or Indicated. The information and data of, or time required for, performance of the shown or indicated in the Contract Documents with Work ; subject , however, to the following : respect to existing Underground Facilities at or contiguous to the Site is based on information and a . such condition must meet any one or data furnished to OWNER or ENGINEER by the more of the categories described in para- owners of such Underground Facilities , including graph 4 . 03 . A; and OWNER , or by others . Unless it is otherwise expressly provided in the Supplementary Conditions : b . with respect to Work that is paid for on a Unit Price Basis , any adjustment in 1 . OWNER and ENGINEER shall not Contract Price will be subject to the be responsible for the accuracy or com - provisions of paragraphs 9 . 08 and 11 . 03 . pleteness of any such information or data ; and 2 . CONTRACTOR shall not be entitled 2 . the cost of all of the following will be to any adjustment in the Contract Price or included in the Contract Price , and CONTRAC- Contract Times if: TOR shall have full responsibility for: a . CONTRACTOR knew of the a . reviewing and checking all such existence of such conditions at the time information and data , CONTRACTOR made a final commitment to OWNER in respect of Contract Price and b , locating all Underground Facilities Contract Times by the submission of a Bid shown or indicated in the Contract or becoming bound under a negotiated Documents , contract; or c . coordination of the Work with the b . the existence of such condition could owners of such Underground Facilities , reasonably have been discovered or including OWNER , during construction , and revealed as a result of any examination , investigation , exploration , test, or study of d . the safety and protection of all such the Site and contiguous areas required by Underground Facilities and repairing any the Bidding Requirements or Contract damage thereto resulting from the Work . Documents to be conducted by or for CON - TRACTOR prior to CONTRACTOR ' s B . Not Shown or Indicated making such final commitment; or 1 . If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions. doc 00700 - 12 F: \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc Site which was not shown or indicated , or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel . the Contract Documents , CONTRACTOR shall , promptly after becoming aware thereof and 4 . 06 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A. Reports and Drawings: Reference is made to therewith ( except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6 . 16 . A) , identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site , if any , notice to that owner and to OWNER and ENGI - that have been utilized by the ENGINEER in the NEER . ENGINEER will promptly review the preparation of the Contract Documents . Underground Facility and determine the extent , if any , to which a change is required in the B . Limited Reliance by CONTRACTOR on Contract Documents to reflect and document Technical Data Authorized: CONTRACTOR may rely the consequences of the existence or location upon the general accuracy of the " technical data " of the Underground Facility. During such time , contained in such reports and drawings , but such CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents . safety and protection of such Underground Such " technical data " is identified in the Facility . Supplementary Conditions . Except for such reliance on such "technical data , " CONTRACTOR may not rely 2 . If ENGINEER concludes that a upon or make any Claim against OWNER , change in the Contract Documents is required , ENGINEER or any of ENGINEER ' s Consultants with a Work Change Directive or a Change Order respect to : will be issued to reflect and document such consequences . An equitable adjustment shall 1 . the completeness of such reports be made in the Contract Price or Contract and drawings for CONTRACTOR ' s purposes , Times , or both , to the extent that they are including , but not limited to , any aspects of the attributable to the existence or location of any means , methods , techniques , sequences and Underground Facility that was not shown or procedures of construction to be employed by indicated or not shown or indicated with CONTRACTOR and safety precautions and reasonable accuracy in the Contract programs incident thereto ; or Documents and that CONTRACTOR did not know of and could not reasonably have been 2 , other data , interpretations , opinions expected to be aware of or to have anticipated , and information contained in such reports or If: OWNER and CONTRACTOR are unable to shown or indicated in such drawings ; or agree on entitlement to or on the amount or extent, if any, of any such adjustment in 3 . any CONTRACTOR interpretation of Contract Price or Contract Times , OWNER or or conclusion drawn from any "technical data" CONTRACTOR may make a Claim therefor as or any such other data , interpretations , opinions provided in paragraph 10 . 05 . or information . 4 . 05 Reference Points C . CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or A. OWNER shall provide engineering surveys to revealed at the Site which was not shown or indicated establish reference points for construction which in in Drawings or Specifications or identified in the ENGINEER ' s judgment are necessary to enable Contract Documents to be within the scope of the CONTRACTOR to proceed with the Work . CON - Work. CONTRACTOR shall be responsible for a TRACTOR shall be responsible for laying out the Hazardous Environmental Condition created with any Work , shall protect and preserve the established materials brought to the Site by CONTRACTOR , reference points and property monuments , and shall Subcontractors , Suppliers , or anyone else for whom make no changes or relocations without the prior CONTRACTOR is responsible . written approval of OWNER . CONTRACTOR OR shall report to ENGINEER whenever any reference point or D . If CONTRACTOR encounters a Hazardous property monument is lost or destroyed or requires Environmental Condition or if CONTRACTOR or relocation because of necessary changes in grades or anyone for whom CONTRACTOR is responsible locations , and shall be responsible for the accurate creates a Hazardous Environmental Condition , replacement or relocation of such reference points or CONTRACTOR shall immediately: ( i) secure or otherwise isolate such condition ; ( ii ) stop all Work in 00700 - 13 00700 - General Conditions. doe FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions doe connection with such condition and in any area by CONTRACTOR or by anyone for whom affected thereby ( except in an emergency as required CONTRACTOR is responsible . Nothing in this para - by paragraph 6 . 16 ) , and ( iii ) notify OWNER and ENGI - graph 4 . 06 . E shall obligate OWNER to indemnify any NEER ( and promptly thereafter confirm such notice in individual or entity from and against the consequences writing ) . OWNER shall promptly consult with of that individual ' s or entity' s own negligence . ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or H . To the fullest extent permitted by Laws and take corrective action , if any . Regulations , CONTRACTOR shall indemnify and hold - - harmless OWNER , ENGINEER , ENGINEER' s E . CONTRACTOR shall not be required to Consultants , and the officers , directors , ' partners , resume Work in connection with such condition or in employees , agents , other consultants , and any affected area until after OWNER has obtained subcontractors of each and any of them from and any required permits related thereto and delivered to against all claims , costs , losses , and damages CONTRACTOR written notice : ( i ) specifying that such ( including but not limited to all fees and charges of condition and any affected area is or has been engineers , architects , attorneys , and other rendered safe for the resumption of Work ; or ( ii) professionals and all court or arbitration or other specifying any special conditions under which such dispute resolution costs ) arising out of or relating to a Work may be resumed safely . If OWNER and Hazardous Environmental Condition created by CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom on the amount or extent, if any , of any adjustment in CONTRACTOR is responsible . Nothing in this Contract Price or Contract Times , or both , as a result paragraph 4 . 06 . F shall obligate CONTRACTOR to of such Work stoppage or such special conditions indemnify any individual or entity from and against the under which Work is agreed to be resumed by consequences of that individual ' s or entity' s own negli- CONTRACTOR , either party may make a Claim gence . therefor as provided in paragraph 10 . 05 . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and F . If after receipt of such written notice 4 . 04 are not intended to apply to a Hazardous CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the based on a reasonable belief it is unsafe , or does not Site . agree to resume such Work under such special condi- tions , then OWNER may order the portion of the Work that is in the area affected by such condition to be ARTICLE 5 - BONDS AND INSURANCE deleted from the Work . If OWNER and CON - TRACTOR cannot agree as to entitlement to or on the amount or extent, if any , of an adjustment in Contract 5 . 01 Performance, Payment, and Other Bonds Price or Contract Times as a result of deleting such portion of the Work , then either party may make a A. CONTRACTOR shall fUFRish perfbrrnanGe Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amount at leas ual OWNER may have such deleted portion of the Work to the Contract Price as security for the f i ul perfor- performed by OWNER ' s own forces or others in mance and payment of all TRACTOR ' s accordance with Article 7 . obligations under the Contra ocuments . These Bonds shall remain in e t at least until one year G . To the fullest extent permitted by Laws and , after the date wh inal payment becomes due , Regulations , OWNER shall indemnify and hold except as pro 0 d otherwise by Laws or Regulations harmless CONTRACTOR , Subcontractors , ENGI - or by the ntract Documents . CONTRACTOR shall NEER , ENGINEER ' s Consultants and the officers , als rnish such other Bonds as are required by the directors , partners , employees , agents , other consultants , and subcontractors of each and any of them from and against all claims , costs , losses , and B . All Bonds shall be in the form prescribed by damages ( including but not limited to all fees and the Contract Documents except as provided otherwise charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed by professionals and ail court or arbitration or other such sureties as are named in the current list of " Com - dispute resolution costs) arising out of or relating to a panies Holding Certificates of Authority as Acceptable Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable such Hazardous Environmental Condition : ( i ) was not Reinsuring Companies" as published in Circular 570 shown or indicated in the Drawings or Specifications ( amended ) by the Financial Management Service , or identified in the Contract Documents to be included Surety Bond Branch , U . S . Department of the within the scope of the Work , and ( ii) was not created Treasury . All Bonds signed by an agent must be 00700 - 14 00700 - General Conditions. doc FAErgineenng\Land Development Permits\Quail Creek PD\Bid-Contract Documents100700 - General Conditions. doc accompanied by a certified copy of such agent' s authority to act . 2 . claims for damages because of bodily injury , occupational sickness or disease , C . If the surety on any Bond furnished by CON - or death of CONTRACTOR ' s employees ; TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state 3 . claims for damages because of where any part of the Project is located or it ceases to bodily injury, sickness or disease , or death of meet the requirements of paragraph 5 . 01 . 13 , any person other than CONTRACTOR ' s CONTRACTOR shall within 20 days thereafter employees ; substitute another Bond and surety , both of which I I . shall comply with the requirements of paragraphs 4 . claims for damages insured by 5 . 01 . 13 and 5 . 02 . reasonably available personal injury liability coverage which are sustained : ( i ) by any person 5 . 02 Licensed Sureties and Insurers as a result of an offense directly or indirectly related to the employment of such person by A. All Bonds and insurance required by the CONTRACTOR , or ( ii ) by any other person for Contract Documents to be purchased and maintained any other reason ; by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 5 . claims for damages , other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located to issue Bonds or insurance policies for the of tangible property wherever located , including limits and coverages so required . Such surety and loss of use resulting therefrom ; and insurance companies shall also meet such additional requirements and qualifications as may be provided in 6 . claims for damages because of the Supplementary Conditions . bodily injury or death of any person or property damage arising out of the ownership , mainte- 5 . 03 Certificates of Insurance nance or use of any motor vehicle . A. CONTRACTOR shall deliver to OWNER , with B . The policies of insurance so required by this copies to each additional insured identified in the paragraph 5 . 04 to be purchased and maintained shall : Supplementary Conditions , certificates of insurance ( and other evidence of insurance requested by OWN - 1 . with respect to insurance required by ER or any other additional insured ) which CON - paragraphs 5 . 04 . A. 3 through 5 . 04 . A. 6 inclusive , TRACTOR is required to purchase and maintain . include as additional insureds (subject to any OWNER shall - deliver te CONTRACTOR , W . M. I � I I customary exclusion in respect of professional to each additional insured identified "in e Supple- liability) OWNER , ENGINEER , ENGINEER' s mentary Conditions , certi of insurance (and Consultants , and any other individuals or other evidence rance requested by CONTRAC - entities identified in the Supplementary Condi- TOR y other additional insured ) which OWNER tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , 5 . 04 CONTRACTOR 's Liability Insurance agents , and other consultants and subcontractors of each and any of all such A. CONTRACTOR shall purchase and maintain additional insureds , and the insurance afforded such liability and other insurance as is appropriate for to these additional insureds shall provide the Work being performed and as will provide primary coverage for all claims covered protection from claims set forth below which may arise thereby-, out of or result from CONTRACTOR' s performance of the Work and CONTRACTOR ' s other obligations 2 . include at least the specific under the Contract Documents , whether it is to be per- coverages and be written for not less than the formed by CONTRACTOR , any Subcontractor or limits of liability provided in the Supplementary Supplier, or by anyone directly or indirectly employed Conditions or required by Laws or Regulations , by any of them to perform any of the Work , or by whichever is greater; anyone for whose acts any of them may be liable : 3 . include completed operations 1 . claims under workers' compensation , insurance ; disability benefits , and other similar employee benefit acts ; 00700 - General Conditions. doc 00700 - 15 FAErigineering\Land Development PermitsVQuaii Creek PD\Sid-Contract Documents\00700 - General Conditions. doc 4 . include contractual liability insuranceENGINEER ' s Consultants , covering CONTRACTOR ' s indemni � tY individuals or entities identified in the obligations under paragraphs 6 . 07 , 6 . 11 , and Supplementary Conditions , and the officers , 6 . 20 ; directors partners , employees , agents , and other consultants and subcontractors of each 5 . contain a provision or endorsement and any of them , each of whom is deemed to that the coverage afforded will not be canceled , have an insurable interest and shall be listed as materially changed or renewal refused until at an additional insured ; least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the 2 . ' be written on a Builder' s Risk " all - risk" Supplementary Conditions to whom a certificate or open peril or special causes of loss policy form that shall at least include insurance for of insurance has been issued (and the physical loss or damage to the Work , tempo- certificates of insurance furnished by the CON - rary buildings , false work , and materials and TRACTOR pursuant to paragraph 5 . 03 will so equipment in transit, and shall insure against at provide ) ; least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism 6 . remain in effect at least until final and malicious mischief, earthquake , collapse , payment and at all times thereafter when CON - debris removal , demolition occasioned by en . TRACTOR may be correcting , removing , or forcement of Laws and Regulations , water replacing defective Work in accordance with damage , and such other perils or causes of paragraph 13 . 07 ; and loss as may be specifically required by the 7 . with respect to completed operations Supplementary Conditions ; insurance , and any insurance coverage written 3 . include expenses incurred in the on a claims- made basis , remain in effect for at least two years after final payment ( and ut not. limited to fees and GhaFge&--Gf CONTRACTOR shall furnish OWNER and a gineers and architects ) ; each other additional insured identified in the Supplementary Conditions , to whom a cover materials and equipment certificate of insurance has been issued , store at the Site or at another location that was evidence satisfactory to OWNER and any such agree to in writing by OWNER prior to being additional insured of continuation of such incorpo ted in the Work , provided that such insurance at final payment and one year materials and equipment have been included in thereafter) . an Applic tion for Payment recommended by 5 . 05 OWNER 's Liability Insurance ENGINEE 5 . allo for partial utilization of the Work A. IR addition to the insuranGe Fe by OWNER ; provided by CONTRACTOR under par 5 . 04 , OWNER , at OWNER ' s option y purchase and 6 . include sting and startup ; and maintain at OWNER Is se OWNER ' s own liability insurance as " protect OWNER against claims 7 . be maintai ed in effect until final pay- ment is made unles otherwise agreed to in 3F se fr GI lments-. writing by OWNER , CONTRACTOR , and ENGINEER with 30 day written notice to each 5 . 06 Property Insurance other additional insured t whom a certificate of mentary Conditions , OWNER shall purchase a d ,R OWNER shall purr, , ., and ai "G maintain property insurance upon the Work at the ite in the amount of the full replacement cost th reof ( subject to such deductible amounts as m y be provided in the Supplementary Conditions or r quired by taws and Regulations ) . This insurances ll : SuNc�astGFSENGINEER ,OWNER , N INEER ' s- ;' 1 . include the interests o OWNER , CONTRACTOR , SubG(:) ntraGt 00700 - 16 00700 - General Conditions- doc FAEngineeringU_and Development PermitslQuail Creek PD\B -Contract Documents100700 - General Conditions. doc M sh an a an An M Rams 4110181-ArMT-A - - . :� mm : • - _ . , : - - OF dh OF OF : . . . as . a - . . . . . _ _ - - - mmw A ARM a . _ _ Taft Oftla • • • . . a \ • _ - - - ► ► . ■ - e ■ : _ �_ 1 ► _ _ _ _ _ _ Wr UP All _ a _ a _ - a • _ a - • • . • - �_ \ - •alrowl - - - as - • - a : ■ : : • - . a _ - 1 - IF im �AWD AI ■ a as _ ■ - - - • - • - • - - - - - ■ _ ■ _aoil I - - • - ■ a - • - - - - - • i ■ : : ■ - WANA - er On Or - - - - - - • - • - : : a ■ : : - - - - • - - - - • ■ • - - - an - - - - - an . _ as - ■_ a _ ftywris an an 0 An � ■ a . a a e • • • • • • ' - - • - - • : • - a - - - - aa OF as . . • • • • • • • • • • IF "W • 1 � • • � - • ■ - a as a - - a - • • a . - - _ . OF SIR RIF Ww • - : • - : - . - . - ■ . . - . : . _ as • An • Cle• - . - • - . a . W VP ._ a In - - An - . In . . UP IF k11 !9L&m= Olarm1 & all W, WAWA - - w . WaNNW • _ ZTOW Aft, an 1 . • - • • • • - - - - - . . .. . . a IF - OF • - a - - a aiv AL aa a - . - ■ r • • . - . - - • 1 \ • . - - - - - -• • - - a - - - • - - • ■ a - - • - - a ■ ■ • a a 1 \ • a s -UPAn as MEWAk� RL:. a • OF . . - - . - . - - 'r : droll &14%M I / \ • \ • 1 • - �WLWLWIRMLWA an - . . a a . - Sweime I WINmlr�Moa Za & - . . . . . . - _ • -_ . . . _ . - a - . An VAN W` An - . WA AmKqm &w:Sl _ . a . . - - • - Me, ARM A—WI31fawar2w2Aw - . a . . a - . . . . . . - as - - • - man a . . - : : - • - 5 . 08 Receipt and Application of Insurance and a Change Order shall be issued to adjust the Proceeds 5 . 10 Partial Utilization, Acknowledgment of insurance required by paragraph 5 . 06 will be adjust e Property Insurer with OWNER and made payable to OWNER as fiduciary for the insureds , as their interests may A. If OWNER finds it necessary to occupy or use appear, subject to the requirements of any ap icable a portion or portions of the Work prior to Substantial mortgage clause and of paragraph 5 . 08 . B . WNER Completion of all the Work as provided in paragraph shall deposit in a separate account any money so 14 . 05 , no such use ' or , occupancy shall commence received and shall distribute it in accords ce with such before the insurers providing the property insurance agreement as the parties in interest y reach . If no pursuant to paragraph 5 . 06 have acknowledged notice other special agreement is reach the damaged thereof and in writing effected any changes in cover- Work shall be repaired or replac d , the moneys so age necessitated thereby . The insurers providing the received applied on account th reof, and the Work property insurance shall consent by endorsement on and the cost thereof cover d by an appropriate the policy or policies , but the property insurance shall Change Order or Written A ndment. not be canceled or permitted to lapse on account of B . OWNER as fi ciary shall have power to any such partial use or occupancy . adjust and settle any I s with the insurers unless one of the parties in inter st shall object in writing within 15 ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES days after the currence of loss to OWNER ' s exercise of this ower. If such objection be made , OWNER as fi uciary shall make settlement with the 6 . 01 Supervision and Superintendence insurers in cordance with such agreement as the parties in i terest may reach . If no such agreement A . CONTRACTOR shall supervise , inspect, and among e parties in interest is reached , OWNER as direct the Work competently and efficiently , devoting fiduci shall adjust and settle the loss with the such attention thereto and applying such skills and insu rs and , if required in writing by any party in expertise as may be necessary to perform the Work in in rest, OWNER as fiduciary shall give bond for the accordance with the Contract Documents . CON - TRACTOR shall be solely responsible for the means , methods , techniques , sequences , and procedures of 5 . 09 Acceptance of Bonds and Insurance; Option construction , but CONTRACTOR shall not be to Replace responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific A. if either OWNER E) F CONTRACTOR has means , method , technique , sequence , or procedure of objection to the coverage afforded by or other p vi- construction which is shown or indicated in and sions of the Bonds or insurance required be expressly required by the Contract Documents . CON - purchased and maintained by the other party J accor- TRACTOR shall be responsible to see that the dance with Article 5 on the basis of non -co ormance completed Work complies accurately with the Contract with the Contract Documents , the objecti party shall Documents . so notify the other party in writing withi 10 days after receipt of the certificates (or other evidence B . At all times during the progress of the Work , requested ) required by paragrap 2 . 05 . C . OWNER CONTRACTOR shall assign a competent resident and CONTRACTOR shall eac provide to the other superintendent thereto who shall not be replaced such additional information ' respect of insurance without written notice to OWNER and ENGINEER provided as the other m reasonably request. if except under extraordinary circumstances . The either party does not pu hase or maintain all of the superintendent will be CONTRACTOR ' s Bonds and insurance equired of such party by the representative at the Site and shall have authority to Contract Documents such party shall notify the other act on behalf of CONTRACTOR . All communications party in writing of ch failure to purchase prior to the given to or received from the superintendent shall be start of the livor , or of such failure to maintain prior to binding on CONTRACTOR , any change in the required coverage . Without prejudice to ny other right or remedy , the other party 6 . 02 Labor; Working Hours may elec to obtain equivalent Bonds or insurance to protect uch other party ' s interests at the expense of A. CONTRACTOR shall provide competent , the rtY who was required to provide such coverage , suitably qualified personnel to survey , lay out, and ' construct the Work as required by the Contract Docu - 00700 - General Conditions. doc 00700 - 18 FAEngineenng\Land Development PermitslQuail Creek PD\Bid-Contract Documents100700 - General Conditions. doc ments . CONTRACTOR shall at all times maintain ly will comply with any provisions of the General good discipline and order at the Site . Requirements applicable thereto . B . Except as otherwise required for the safety or 2 . Proposed adjustments in the protection of persons or the Work or property at the progress schedule that will change the Contract Site or adjacent thereto , and except as otherwise Times ( or Milestones ) shall be submitted in stated in the Contract Documents , all Work at the Site accordance with the requirements of Article 12 , shall be performed during regular working hours , and Such adjustments may only be made by a CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- performance of Work on Saturday , Sunday , or any dance with Article 12 . legal holiday without OWNER ' s written consent (which will not be unreasonably withheld ) given after prior 6 . 05 Substitutes and " Or-Equals " written notice to ENGINEER . A. Whenever an item of material or equipment is specified or described in the Contract Documents by 6 . 03 Services, Materials, and Equipment using the name of a proprietary item or the name of a particular Supplier, the specification or description is A . Unless otherwise specified in the General Re- intended to establish the type , function , appearance , quirements , CONTRACTOR shall provide and and quality required . Unless the specification or assume full responsibility for all services , materials , description contains or is followed by words reading equipment , labor, transportation , construction that no like , equivalent, or " or-equal " item or no equipment and machinery , tools , appliances , fuel , substitution is permitted , other items of material or power, light, heat, telephone , water, sanitary facilities , equipment or material or equipment of other Suppliers temporary facilities , and all other facilities and may be submitted to ENGINEER for review under the incidentals necessary for the performance , testing , circumstances described below. start- up , and completion of the Work . 1 . "Or-Equal" Items: If in ENGINEER ' s B . All materials and equipment incorporated into sole_ discretion an item of material or equipment the Work shall be as specified or, if not specified , shall proposed by CONTRACTOR is functionally be of good quality and new, except as otherwise equal to that named and sufficiently similar so provided in the Contract Documents . All warranties that no change in related Work will be required , and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an tions shall expressly run to the benefit of OWNER . If " or-equal" item , in which case review and required by ENGINEER , CONTRACTOR shall furnish approval of the proposed item may, in satisfactory evidence ( including reports of required ENGINEER ' s sole discretion , be accomplished tests ) as to the source , kind , and quality of materials without compliance with some or all of the and equipment. All materials and equipment shall be requirements for approval of proposed substi- stored , applied , installed , connected , erected , tute items . For the purposes of this paragraph protected , used , cleaned , and conditioned in 6 . 05 . A. 1 , a proposed item of material or accordance with instructions of the applicable equipment will be considered functionally equal Supplier, except as otherwise may be provided in the to an item so named if: Contract Documents . a . in the exercise of reasonable 6 . 04 Progress Schedule judgment ENGINEER determines that: ( i ) it is at least equal in quality, durability , A . CONTRACTOR shall adhere to the progress appearance , strength , and design schedule established in accordance with paragraph characteristics ; ( ii ) it will reliably perform at 2 . 07 as it may be adjusted from time to time as least equally well the function imposed by provided below. the design concept of the completed Project 1 . CONTRACTOR shall submit to as a functioning whole , and ; ENGINEER for acceptance (to the extent indi - b . CONTRACTOR certifies that: ( i ) cated in paragraph 2 . 07 ) proposed adjustments there is no increase in cost to the OWNER ; in the progress schedule that will not result in and ( ii ) it will conform substantially , even changing the Contract Times ( or Milestones) . with deviations , to the detailed requirements Such adjustments will conform generally to the of the item named in the Contract progress schedule then in effect and additional- Documents . 00700 - General Conditions. doc 00700 - 19 FAEngineering\Land Development PermitslQuail Creek PD\Bid-Contract Documents100700 - General Conditions. doc 2 . Substitute Items directly or indirectly from use of such substitute item , including costs of redesign a . If in ENGINEER ' s sole discretion an and claims of other contractors affected by item of material or equipment proposed by any resulting change , all of which will be CONTRACTOR does not qualify as an considered by ENGINEER in evaluating the " or-equal " item under paragraph 6 . 05 . A . 11 it proposed substitute item . ENGINEER may will be considered a proposed substitute require CONTRACTOR to furnish additional item . data about the proposed substitute item . b . CONTRACTOR shall submit suffi - B . Substitute ' Construction Methods or Proce- cient information as provided below to allow lures: If a specific means , method , technique , se- ENGINEER to determine that the item of quence , or procedure of construction is shown or material or equipment proposed is indicated in and expressly required by the Contract essentially equivalent to that named and an Documents , CONTRACTOR may furnish or utilize a acceptable substitute therefor. Requests for substitute means , method , technique , sequence , or review of proposed substitute items of procedure of construction approved by ENGINEER . material or equipment will not be accepted CONTRACTOR shall submit sufficient information to by ENGINEER from anyone other than allow ENGINEER , in ENGINEER ' s sole discretion , to CONTRACTOR . determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents . c. The procedure for review by ENGI - The procedure for review by ENGINEER will be similar NEER will be as set forth in paragraph to that provided in subparagraph 6 . 05 . A . 2 . 6 . 05 . A. 2 . d , as supplemented in the General Requirements and as ENGINEER may C . Engineer's Evaluation : ENGINEER will be decide is appropriate under the allowed a reasonable time within which to evaluate circumstances . each proposal or submittal made pursuant to para - graphs 6 . 05 . A and 6 . 05 . B . ENGINEER will be the d . CONTRACTOR shall first make sole judge of acceptability. No " or-equal" or substitute written application to ENGINEER for review will be ordered , installed or utilized until ENGINEER ' s of a proposed substitute item of material or review is complete , which will be evidenced by either a equipment that CONTRACTOR seeks to Change Order for a substitute or an approved Shop furnish or use . The application shall certify Drawing for an or equal . Y1ENGINEER will advise that the proposed substitute item will CONTRACTOR in writing of any negative perform adequately the functions and determination . achieve the results called for by the general design , be similar in substance to that D . Special Guarantee: OWNER may require specified , and be suited to the same use as CONTRACTOR to furnish at CONTRACTOR 's ex- that specified . The application will state the pense a special performance guarantee or other extent, if any , to which the use of the pro- surety with respect to any substitute . posed substitute item will prejudice CONTRACTOR ' s achievement of Substan - E . ENGINEER 's Cost Reimbursement. tial Completion on time , whether or not use ENGINEER will record time required by ENGINEER of the proposed substitute item in the Work and ENGINEER ' s Consultants in evaluating substitute will require a change in any of the Contract proposed or submitted by CONTRACTOR pursuant to Documents ( or in the provisions of any other paragraphs 6 . 05 . A . 2 and 6 . 05 . 13 and in making direct contract with OWNER for work on the changes in the Contract Documents (or in the Project) to adapt the design to the proposed provisions of any other direct contract with OWNER substitute item and whether or not for work on the Project) occasioned thereby . Whether incorporation or use of the proposed substi - or not ENGINEER approves a substitute item so pro- tute item in connection with the Work is sub- posed or submitted by CONTRACTOR , CON - ject to payment of any license fee or royalty . TRACTOR shall reimburse OWNER for the charges Ail variations of the proposed substitute of ENGINEER and ENGINEER ' s Consultants for item from that specified will be identified in evaluating each such proposed substitute . the application , and available engineering , sales , maintenance , repair, and F . CONTRACTOR 's Expense. CONTRACTOR replacement services will be indicated . The shall provide all data in support of any proposed application will also contain an itemized esti - substitute or " or-equal " at CONTRACTOR 's expense . mate of all costs or credits that will result 00700 - 20 00700 - General Conditions. doc FAEngineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00700 - General Conditions . doc 6 . 06 Concerning Subcontractors, Suppliers, tractors , Suppliers , and other individuals or entities and Others performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR . A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity E . CONTRACTOR shall require all Subcontrac- ( including those acceptable to OWNER as indicated in tors , Suppliers , and such other individuals or entities paragraph 6 . 06 . 13 ) , whether initially or as a performing or furnishing any of the Work to commu - replacement, against whom OWNER may have nicate with ENGINEER through CONTRACTOR . reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or F . The divisions and sections of the Specifica other individual or entity to furnish or perform any of tions and the identifications of any Drawings shall not the Work against whom CONTRACTOR has reason - control CONTRACTOR in dividing the Work among able objection . Subcontractors or Suppliers or delineating the Work to B . If the Supplementary Conditions require the be performed by any specific trade . identity of certain Subcontractors , Suppliers , or other G . All Work performed for CONTRACTOR by a individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an advance for acceptance by OWNER by a specified appropriate agreement between CONTRACTOR and date prior to the Effective Date of the Agreement, and the Subcontractor or Supplier which specifically binds if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier to the applicable terms accordance with the Supplementary Conditions , and conditions of the Contract Documents for the OWNER ' s acceptance ( either in writing or by failing to benefit of OWNER and ENGINEER . Whenever any make written objection thereto by the date indicated such agreement is with a Subcontractor or Supplier for acceptance or objection in the Bidding Documents who is listed as an additional insured on the property or the Contract Documents ) of any such Subcon - insurance provided in paragraph 5 . 06 , the agreement tractor, Supplier, or other individual or entity so between the CONTRACTOR and the Subcontractor identified may be revoked on the basis of reasonable or Supplier will contain provisions whereby the objection after due investigation . CONTRACTOR Subcontractor or Supplier waives all rights against shall submit an acceptable replacement for the OWNER , CONTRACTOR , ENGINEER , ENGINEER ' s rejected - Subcontractor, Supplier, or other individual or Consultants , and all other individuals or entities entity, and the Contract Price will be adjusted by the identified in the Supplementary Conditions to be listed difference in the cost occasioned by such as insureds or additional insureds (and the officers , replacement, and an appropriate Change Order will be directors , partners , employees , agents , and other issued or Written Amendment signed . No acceptance consultants and subcontractors of each and any of by OWNER of any such Subcontractor, Supplier, or them ) for all losses and damages caused by , arising other individual or entity , whether initially or as a out of, relating to , or resulting from any of the perils or replacement, shall constitute a waiver of any right of causes of loss covered by such policies and any other OWNER or ENGINEER to reject defective Work . property insurance applicable to the Work . If the insurers on any such policies require separate waiver C . CONTRACTOR shall be fully responsible to forms to be signed by any Subcontractor or Supplier, OWNER and ENGINEER for all acts and omissions of CONTRACTOR will obtain the same . the Subcontractors , Suppliers , and other individuals or entities performing or furnishing any of the Work just 6 . 07 Patent Fees and Royalties as CONTRACTOR is responsible for CONTRACTOR ' s own acts and omissions . Nothing in A. CONTRACTOR shall pay all license fees and the Contract Documents shall create for the benefit of royalties and assume all costs incident to the use in any such Subcontractor, Supplier, or other individual the performance of the Work or the incorporation in or entity any contractual relationship between OWNER the Work of any invention , design , process , product, or ENGINEER and any such Subcontractor, Supplier or device which is the subject of patent rights or or other individual or entity, nor shall it create any copyrights held by others . If a particular invention , obligation on the part of OWNER or ENGINEER to design , process , product , or device is specified in the pay or to see to the payment of any moneys due any Contract Documents for use in the performance of the such Subcontractor, Supplier, or other individual or Work and if to the actual knowledge of OWNER or entity except as may otherwise be required by Laws ENGINEER its use is subject to patent rights or and Regulations . copyrights calling for the payment of any license fee or royalty to others , the existence of such rights shall be D . CONTRACTOR shall be solely responsible disclosed by OWNER in the Contract Documents . To for scheduling and coordinating the Work of Subcon- the fullest extent permitted by Laws and Regulations , 00700 - General Conditions.doc 00700 - 21 FAEngineehng\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc CONTRACTOR shall indemnify and hold harmless of the Agreement if there were no Bids ) having an OWNER , ENGINEER , ENGINEER ' s Consultants , and effect on the cost or time of performance of the Work the officers , directors , partners , employees or agents , may be the subject of an adjustment in Contract Price and other consultants of each and any of them from or Contract Times . If OWNER and CONTRACTOR and against all claims , costs , losses , and damages are unable to agree on entitlement to or on the ( including but not limited to all fees and charges of amount or extent , if any , of any such adjustment , a engineers , architects , attorneys , and other Claim may be made therefor as provided in paragraph professionals and all court or arbitration or other 10 . 05 . dispute resolution costs ) arising out of or relating to any infringement of patent rights or copyrights incident 6 . 10 Taxes to the use in the performance of the Work or resulting from the incorporation in the Work of any invention , A . CONTRACTOR shall pay all sales , consum - design , process , product, or device not specified in the er, use , and other similar taxes required to be Contract Documents . paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the 6 . 08 Permits Project which are applicable during the A. Unless otherwise provided in the Supple- performance of the Work .- mentary Conditions , CONTRACTOR shall obtain and B . OWNER qualifies for state and local sales tax pay for all construction permits and licenses . OWNER exemption in the purchase of all material and shall assist CONTRACTOR , when necessary , in equipment. obtaining such permits and licenses . CONTRACTOR shall pay all governmental charges and inspection 6 . 11 Use of Site and Other Areas fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids , or, if A. Limitation on Use of Site and Other Areas there are no Bids , on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of 1 . CONTRACTOR shall confine utility owners for connections to the Work , and construction equipment, the storage of OWNER shall pay all charges of such utility owners materials and equipment, and the operations of for capital costs related thereto , such as plant workers to the Site and other areas permitted investment fees . by Laws and Regulations , and shall not unreasonably encumber the Site and other 6 . 09 Laws and Regulations areas with construction equipment or other materials or equipment. CONTRACTOR shall A. CONTRACTOR shall give all notices and assume full responsibility for any damage to comply with all Laws and Regulations applicable to the any such land or area , or to the owner or performance of the Work . Except where otherwise occupant thereof, or of any adjacent land or expressly required by applicable Laws and areas resulting from the performance of the Regulations , neither OWNER nor ENGINEER shall be Work . responsible for monitoring CONTRACTOR ' s compli- ance with any Laws or Regulations . 2 . Should any claim be made by any such owner or occupant because of the B . If CONTRACTOR performs any Work know- performance of the Work , CONTRACTOR shall ing or having reason to know that it is contrary to Laws promptly settle with such other party by or Regulations , CONTRACTOR shall bear all claims , negotiation or otherwise resolve the claim by costs , losses , and damages ( including but not limited arbitration or other dispute resolution to all fees and charges of engineers , architects , proceeding or at law . attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out 3 . To the fullest extent permitted by of or relating to such Work ; however, it shall not be Laws and Regulations , CONTRACTOR shall CONTRACTOR ' s primary responsibility to make indemnify and hold harmless OWNER , certain that the Specifications and Drawings are in ENGINEER , ENGINEER ' s Consultant, and the accordance with Laws and Regulations , but this shall officers , directors , partners , employees , agents , not relieve CONTRACTOR of CONTRACTOR ' s and other consultants of each and any of them obligations under paragraph 3 . 03 . from and against all claims , costs , losses , and damages ( including but not limited to all fees C . Changes in Laws or Regulations not known at and charges of engineers , architects , attorneys , the time of opening of Bids ( or, on the Effective Date and other professionals and all court or 00700 - 22 00700 - General Conditions. doc FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc arbitration or other dispute resolution costs) 1 . all persons on the Site or who may arising out of or relating to any claim or action , be affected by the Work ; legal or equitable , brought by any such owner or occupant against OWNER , ENGINEER , or 2 . all the Work and materials and equip- any other party indemnified hereunder to the ment to be incorporated therein , whether in extent caused by or based upon storage on or off the Site ; and CONTRACTOR ' s performance of the Work . 3 . other property at the Site or adjacent B . Removal of Debris During Performance of the thereto , includingtrees , shrubs , lawns , . -walks , Work: During the progress of the Work CONTRAC - pavements , roadways , structures , utilities , and TOR shall keep the Site and other areas free from Underground Facilities not designated for accumulations of waste materials , rubbish , and other removal , relocation , or replacement in the debris . Removal and disposal of such waste materi- course of construction . als , rubbish , and other debris shall conform to applica - ble Laws and Regulations . B . CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of C . Cleaning: Prior to Substantial Completion of persons or property , or to the protection of persons or the Work CONTRACTOR shall clean the Site and property from damage , injury , or loss ; and shall erect make it ready for utilization by OWNER . At the com - and maintain all necessary safeguards for such safety pletion of the Work CONTRACTOR shall remove from and protection . CONTRACTOR shall notify owners of the Site all tools , appliances , construction equipment adjacent property and of Underground Facilities and and machinery , and surplus materials and shall other utility owners when prosecution of the Work may restore to original condition all property not designated affect them , and shall cooperate with them in the for alteration by the Contract Documents , protection , removal , relocation , and replacement of their property. All damage , injury , or loss to any D . Loading Structures: CONTRACTOR shall not property referred to in paragraph 6 . 13 . A. 2 or 6 . 13 . A. 3 load nor permit any part of any structure to be loaded caused , directly or indirectly , in whole or in part, by in any manner that will endanger the structure , nor CONTRACTOR , any Subcontractor, Supplier, or any shall CONTRACTOR subject any part of the Work or other individual or entity directly or indirectly employed adjacent property to stresses or pressures that will by any of them to perform any of the Work , or anyone endanger it. for whose acts any of them may be liable , shall be remedied by CONTRACTOR (except damage or loss 6 . 12 Record Documents attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER A . CONTRACTOR shall maintain in a safe place or ENGINEER ' s Consultant, or anyone employed by at the Site one record copy of all Drawings , Specifica- any of them , or anyone for whose acts any of them tions , Addenda , Written Amendments , Change may be liable , and not attributable , directly or Orders , Work Change Directives , Field Orders , and indirectly , in whole or in part, to the fault or negligence written interpretations and clarifications in good order of CONTRACTOR or any Subcontractor, Supplier, or and annotated to show changes made during other individual or entity directly or indirectly employed construction . These record documents together with by any of them ) . CONTRACTOR ' s duties and all approved Samples and a counterpart of all responsibilities for safety and for protection of the approved Shop Drawings will be available to ENGI - Work shall continue until such time as all the Work is NEER for reference . Upon completion of the Work , completed and ENGINEER has issued a notice to these record documents , Samples , and Shop OWNER and CONTRACTOR in accordance with Drawings will be delivered to ENGINEER for OWNER . paragraph 14 . 07 . 13 that the Work is acceptable (except as otherwise expressly provided in connection 6 . 13 Safety and Protection with Substantial Completion ) . A. CONTRACTOR shall be solely responsible 6 . 14 Safety Representative for initiating , maintaining and supervising all safety precautions and programs in connection with the A . CONTRACTOR shall designate a qualified Work . CONTRACTOR shall take all necessary and experienced safety representative at the Site precautions for the safety of, and shall provide the whose duties and responsibilities shall be the necessary protection to prevent damage , injury or loss prevention of accidents and the maintaining and to : supervising of safety precautions and programs . 00700 - General Conditions. doc 00700 - 23 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions.doc 6 . 15 Hazard Communication Programs approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR . A . CONTRACTOR shall be responsible for coordinating any exchange of material safety data D . Submittal Procedures sheets or other hazard communication information required to be made available to or exchanged be- 1 . Before submitting each Shop tween or among employers at the Site in accordance Drawing or Sample , CONTRACTOR shall have with Laws or Regulations . determined and verified : 6 . 16 Emergencies a . all field measurements , quantities , dimensions , specified performance criteria , A . In emergencies affecting the safety or protec- installation requirements , materials , catalog tion of persons or the Work or property at the Site or numbers , and similar information with adjacent thereto , CONTRACTOR is obligated to act to respect thereto , prevent threatened damage , injury , or loss . CONTRACTOR shall give ENGINEER prompt written b . all materials with respect to intended notice if CONTRACTOR believes that any significant use , fabrication , shipping , handling , storage , changes in the Work or variations from the Contract assembly , and installation pertaining to the Documents have been caused thereby or are required performance of the Work , as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- c. all information relative to means , cause of the action taken by CONTRACTOR in methods , techniques , sequences , and response to such an emergency , a Work Change procedures of construction and safety Directive or Change Order will be issued . precautions and programs incident thereto ; 6 . 17 Shop Drawings and Samples and d . CONTRACTOR shall also have A. CONTRACTOR shall submit Shop Drawings reviewed and coordinated each Shop to ENGINEER for review and approval in accordance Drawing or Sample with other Shop with the acceptable schedule of Shop Drawings and Drawings and Samples and with the Sample submittals . All submittals will be identified as requirements of the Work and the Contract ENGINEER may require and in the number of copies Documents . specified in the General Requirements . The data shown on the Shop Drawings will be complete with 2 . Each submittal shall bear a stamp or respect to quantities , dimensions , specified perfor- specific written indication that CONTRACTOR mance and design criteria , materials , and similar data has satisfied CONTRACTOR' s obligations to show ENGINEER the services , materials , and under the Contract Documents with respect to equipment CONTRACTOR proposes to provide and CONTRACTOR ' s review and approval of that to enable ENGINEER to review the information for the submittal . limited purposes required by paragraph 6 . 17 . E . 3 . At the time of each submittal , CON - B . CONTRACTOR shall also submit Samples to TRACTOR shall give ENGINEER specific ENGINEER for review and approval in accordance written notice of such variations , if any , that the with the acceptable schedule of Shop Drawings and Shop Drawing or Sample submitted may have Sample submittals . Each Sample will be identified from the requirements of the Contract clearly as to material , Supplier, pertinent data such as Documents , such notice to be in a written com - catalog numbers , and the use for which intended and munication separate from the submittal ; and , in otherwise as ENGINEER may require to enable ENGI - addition , shall cause a specific notation to be NEER to review the submittal for the limited purposes made on each Shop Drawing and Sample sub- required by paragraph 6 . 17 . E . The numbers of each miffed to ENGINEER for review and approval of Sample to be submitted will be as specified in the each such variation . Specifications . E . ENGINEER 's Review C . Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop 1 . ENGINEER will timely review and Drawings and Sample submittals acceptable to ENGI - approve Shop Drawings and Samples in NEER as required by paragraph 2 . 07 , any related accordance with the schedule of Shop Work performed prior to ENGINEER ' s review and Drawings and Sample submittals acceptable to 00700 - 24 00700 - General Conditions. doc FAEngineeringlLand Development PermitslQuail Creek M13id-Contract Documents100700 - General Conditions. doc ENGINEER . ENGINEER ' s review and approval will be only to determine if the items 6 . 19 CONTRACTOR 's General Warranty and covered by the submittals will , after installation Guarantee or incorporation in the Work , conform to the information given in the Contract Documents A . CONTRACTOR warrants and guarantees to and be compatible with the design concept of OWNER , ENGINEER , and ENGINEER ' s Consultants the completed Project as a functioning whole as that all Work will be in accordance with the Contract indicated by the Contract Documents . Documents and will not be defective . CONTRACTOR ' s warranty and guarantee hereunder 2 . ENGINEER ' s review and approval excludes defects or damage caused - by : will not extend to means , methods , techniques , sequences , or procedures of construction 1 . abuse , modification , or improper ( except where a particular means , method , maintenance or operation by persons other technique , sequence , or procedure of con - than CONTRACTOR , Subcontractors , struction is specifically and expressly called for Suppliers , or any other individual or entity for by the Contract Documents) or to safety whom CONTRACTOR is responsible ; or precautions or programs incident thereto . The review and approval of a separate item as such 2 , normal wear and tear under normal will not indicate approval of the assembly in usage . which the item functions . B . CONTRACTOR ' s obligation to perform and 3 . ENGINEER ' s review and approval of complete the Work in accordance with the Contract Shop Drawings or Samples shall not relieve Documents shall be absolute . None of the following CONTRACTOR from responsibility for any will constitute an acceptance of Work that is not in variation. from the requirements of the Contract accordance with the Contract Documents or a release Documents unless CONTRACTOR has in of CONTRACTOR ' s obligation to perform the Work in writing called ENGINEER ' s attention to each accordance with the Contract Documents : such variation at the time of each submittal as required by paragraph 6 . 17 . D . 3 and ENGI - 1 . observations by ENGINEER ; NEER has given written approval of each such variation by specific written notation thereof 2 . recommendation by ENGINEER or incorporated in or accompanying the Shop payment by OWNER of any progress or final Drawing or Sample approval ; nor will any payment; approval by ENGINEER relieve CON - TRACTOR from responsibility for complying 3 . the issuance of a certificate of Sub- with the requirements of paragraph 6 . 17 . D . 1 . stantial Completion by ENGINEER or any F . Resubmittal Procedures payment related thereto by OWNER ; 4 . use or occupancy of the Work or any 1 . CONTRACTOR shall make correc- part thereof by OWNER ; tions required by ENGINEER and shall return the required number of corrected copies of 5 . any acceptance by OWNER or any Shop Drawings and submit as required new failure to do so ; Samples for review and approval . CON - TRACTOR shall direct specific attention in 6 . any review and approval of a Shop writing to revisions other than the corrections Drawing or Sample submittal or the issuance of called for by ENGINEER on previous a notice of acceptability by ENGINEER , submittals . 7 . any inspection , test, or approval by 6 . 18 Continuing the Work others ; or A. CONTRACTOR shall carry on the Work and 8 . any correction of defective Work by adhere to the progress schedule during all disputes or OWNER . disagreements with OWNER . No Work shall be delayed or postponed pending resolution of any 6 . 20 Indemnification disputes or disagreements , except as permitted by paragraph 15 . 04 or as OWNER and CONTRACTOR A. To the fullest extent permitted by Laws and may otherwise agree in writing . Regulations , CONTRACTOR shall indemnify and hold 00700 - 25 00700 - General Conditions. doc FAEngineeringlLand Development Permits\Quail Creek PDNBid-Contract Documents100700 - General Conditions. doc harmless OWNER , ENGINEER , ENGINEER ' s opinions , reports , surveys , Change Orders , Consultants , and the officers , directors , partners , designs , or Specifications ; or employees , agents , and other consultants and subcontractors of each and any of them from and 2 . giving directions or instructions , or against all claims , costs , losses , and damages failing to give them , if that is the primary cause ( including but not limited to all fees and charges of of the injury or damage . engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out of or relating to ARTICLE 7 - OTHER WORK the performance of the Work ; provided that any such claim , cost , loss , or damage : 1 . is attributable to bodily injury , 7 . 01 Related Work at Site sickness , disease , or death , or to injury to or A. OWNER may perform other work related to destruction of tangible property ( other than the the Project at the Site by OWNER ' s employees , or let Work itself) , including the loss of use resulting other direct contracts therefor, or have other work therefrom ; and performed by utility owners . If such other work is not 2 . is caused in whole or in part by any noted in the Contract Documents , then : negligent act or omission of CONTRACTOR , 1 . written notice thereof will be given to any Subcontractor, any Supplier, or any CONTRACTOR prior to starting any such other individual or entity directly or indirectly work ; and employed by any of them to perform any of the Work or anyone for whose acts any of them 2 . if OWNER and CONTRACTOR are may be liable , regardless of whether or not unable to agree on entitlement to or on the caused in part by any negligence or omission of amount or extent, if any , of any adjustment in an individual or entity indemnified hereunder or the Contract Price or Contract Times that whether liability is imposed upon such indemni - should be allowed as a result of such other fied party by Laws and Regulations regardless work , a Claim may be made therefor as of the negligence of any such individual or provided in paragraph 10 . 05 . entity. B . CONTRACTOR shall afford each other B . In any and all claims against OWNER or contractor who is a party to such a direct contract and ENGINEER or any of their respective consultants , each utility owner ( and OWNER , if OWNER is per- agents , officers , directors , partners , or employees by forming the other work with OWNER ' s employees ) any employee ( or the survivor or personal proper and safe access to the Site and a reasonable representative of such employee ) of CONTRACTOR , opportunity for the introduction and storage of any Subcontractor, any Supplier, or any individual or materials and equipment and the execution of such entity directly or indirectly employed by .any of them to other work and shall properly coordinate the Work with perform any of the Work , or anyone for whose acts theirs . Unless otherwise provided in the Contract any of them may be liable , the indemnification Documents , CONTRACTOR shall do all cutting , obligation under paragraph 6 . 20 . A shall not be limited fitting , and patching of the Work that may be required in any way by any limitation on the amount or type of to properly connect or otherwise make its several damages , compensation , or benefits payable by or for parts come together and properly integrate with such CONTRACTOR or any such Subcontractor, Supplier, other work. CONTRACTOR shall not endanger any or other individual or entity under workers ' compen - work of others by cutting , excavating , or otherwise sation acts , disability benefit acts , or other employee altering their work and will only cut or alter their work benefit acts . with the written consent of ENGINEER and the others whose work will be affected . The duties and C . The indemnification obligations of CON - responsibilities of CONTRACTOR under this TRACTOR under paragraph 6 . 20 . A shall not extend to paragraph are for the benefit of such utility owners and the liability of ENGINEER and ENGINEER ' s other contractors to the extent that there are Consultants or to the officers , directors , partners , comparable provisions for the benefit of employees , agents , and other consultants and CONTRACTOR in said direct contracts between subcontractors of each and any of them arising out of: OWNER and such utility owners and other contractors . 1 . the preparation or approval of, or the failure to prepare or approve , maps , Drawings , 00700 - General Conditions . doc 00700 - 26 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions . doc C _ If the proper execution or results of any part of 8 . 03 Furnish Data CONTRACTOR ' s Work depends upon work per- formed by others under this Article 7 , CONTRACTOR A. OWNER shall promptly furnish the data shall inspect such other work and promptly report to required of OWNER under the Contract Documents . ENGINEER in writing any delays , defects , or deficien - cies in such other work that render it unavailable or 8 . 04 Pay Promptly When Due unsuitable for the proper execution and results of CONTRACTOR ' s Work . CONTRACTOR ' s failure to A . OWNER shall make payments to CONTRAC - so report will constitute an acceptance of such other TOR promptly when they are due as provided in work as fit and proper for integration with paragraphs 14 . 02 . 0 and 14 . 07 . C . CONTRACTOR ' s Work except for latent defects and deficiencies in such other work . 8 . 05 Lands and Easements; Reports and Tests 7 . 02 Coordination A . OWNER ' s duties in respect of providing lands and easements and providing engineering surveys to A . If OWNER intends to contract with others for establish reference points are set forth in paragraphs the performance of other work on the Project at the 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to OWNER ' s Site , the following will be set forth in Supplementary identifying and making available to CONTRACTOR Conditions : copies of reports of explorations and tests of subsurface conditions and drawings of physical 1 . the individual or entity who will have conditions in or relating to existing surface or authority and responsibility for coordination of subsurface structures at or contiguous to the Site that the activities among the various contractors will have been utilized by ENGINEER in preparing the be identified ; Contract Documents . 2 , the specific matters to be covered by 8 . 06 Insurance such authority and responsibility will be itemized ; and A . OWNER ' s responsibilities , if any, in respect to purchasing and maintaining liability and property insur- 3 . the extent of such authority and ance are set forth in Article 5 , responsibilities will be provided . 8 . 07 Change Orders B . Unless otherwise provided in the Supplementary Conditions , OWNER shall have sole A. OWNER is obligated to execute Change authority and responsibility for such coordination . Orders as indicated in paragraph 10 . 03 . ARTICLE 8 - OWNER ' S RESPONSIBILITIES 8 . 08 Inspections, Tests, and Approvals A. OWNER' s responsibility in respect to certain inspections , tests , and approvals is set forth in 8 . 01 Communications to Contractor paragraph 13 . 03 . B . A. Except as otherwise provided in these 8 . 09 Limitations on OWNER 's Responsibilities General Conditions , OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER . A . The OWNER shall not supervise , direct, or have control or authority over, nor be responsible for, 8 . 02 Replacement of ENGINEER CONTRACTOR' s means , methods , techniques , se- quences , or procedures of construction , or the safety A. In case of termination of the employment of precautions and programs incident thereto , or for any ENGINEER , OWNER shall appoint an engineer to failure of CONTRACTOR to comply with Laws and whom CONTRACTOR makes no reasonable Regulations applicable to the performance of the objection , whose status under the Contract Work . OWNER will not be responsible for Documents shall be that of the former ENGINEER . CONTRACTOR ' s failure to perform the Work in accordance with the Contract Documents . 00700 - General Conditions. doc 00700 - 27 FAE�gineennglland Development PermitslQuail Creek PD\Bid-Contract Documents100700 - General Conditions. doc 8 . 10 Undisclosed Hazardous Environmental Condition of ENGINEER ' svisits or observations of CONTRACTOR ' s Work ENGINEER will not A. OWNER ' s responsibility in respect to an supervisepons ble Ifor rect CONTRACT control , or have authority over or be undisclosed Hazardous Environmental Condition is OR ' s means , methods , set forth in paragraph 4 . 06 . techniques , sequences , or procedures of construction , or the safety precautions and programs incident 8 . 11 Evidence of Financial Arrangements thereto , or for any failure of CONTRACTOR to comply i wth Laws and Regulations applicable to the A . If and to the extent OWNER ' has agreed to Performance of the Work . furnish CONTRACTOR reasonable evidence that 9 . 03 Project Representative financial arrangements have been made to satisfy OWNER ' s obligations under the Contract Documents , NER OWNER ' s responsibility in respect thereof will be as NEER will furnish sh a RedsidentGINEER agree , ENGI - set forth in the Supplementary Conditions . Project Representative to assist ENGINEER in providing more extensive observation of the Work . The responsibilities and authority and limitations thereon of any such Resident ARTICLE 9 - ENGINEER ' S STATUS DURING Project Representative and assistants will be as CONSTRUCTION provided in paragraph 9 . 10 and in the Supplementary Conditions . If OWNER designates another represen - tative or agent to represent OWNER at the Site who is 9 . Q1 OWNER 'S Representative not ENGINEER ' s Consultant, agent or employee , the responsibilities and authority and limitations thereon of A. ENGINEER will be OWNER ' s representative such other individual or entity will be as provided in the during the construction period . The duties and Supplementary Conditions . responsibilities and the limitations of authority of ENGINEER as OWNER 3s representative during 9 . 04 Clarifications and Interpretations construction are set forth in the Contract Documents and will not be changed without written consent of A . ENGINEER will issue with reasonable OWNER and ENGINEER . promptness such written clarifications or interpreta - tions of the requirements of the Contract Documents 9 . 02 Visits to Site as ENGINEER may determine necessary , which shall be consistent with the intent of and reasonably A. ENGINEER will make visits to the Site at inferable from the Contract Documents . Such written intervals appropriate to the various stages of construc- clarifications and interpretations will be binding on tion as ENGINEER deems necessary in order to OWNER and CONTRACTOR . If OWNER and CON - observe as an experienced and qualified design TRACTOR are unable to agree on entitlement to or on professional the progress that has been made and the the amount or extent, if any, of any adjustment in the quality of the various aspects of CONTRACTOR ' s Contract Price or Contract Times , or both , that should executed Work . Based on information obtained be allowed as a result of a written clarification or during such visits and observations , ENGINEER , for interpretation , a Claim may be made therefor as the benefit of OWNER , will determine , in general , if provided in paragraph 10 . 05 . the Work is proceeding in accordance with the Con - tract Documents . ENGINEER will not be required to 9 . 05 Authorized Variations in Work make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . A. ENGINEER may authorize minor variations in ENGINEER ' s efforts will be directed toward providing the Work from the requirements of the Contract for OWNER a greater degree of confidence that the Documents which do not involve an adjustment in the completed Work will conform generally to the Contract Contract Price or the Contract Times and are compati- Documents . On the basis of such visits and ble with the design concept of the completed Project observations , ENGINEER will keep OWNER informed as a functioning whole as indicated by the Contract of the progress of the Work and will endeavor to guard Documents . These may be accomplished by a Field OWNER against defective Work _ Order and will be binding on OWNER and also on CONTRACTOR , who shall perform the Work involved B . ENGINEER ' s visits and observations are promptly. If OWNER and CONTRACTOR are unable subject to all the limitations on ENGINEER ' s authority to agree on entitlement to or on the amount or extent , and responsibility set forth in paragraph 9 . 10 , and if any, of any adjustment in the Contract Price or particularly , but without limitation , during or as a result Contract Times , or both , as a result of a Field Order, 00700 - 28 00700 - General Conditions. doc FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc a Claim may be made therefor as provided in accordance with the provisions of paragraph 10 . 05 , paragraph 10 . 05 . with a request for a formal decision . 9 . 06 Rejecting Defective Work B . When functioning as interpreter and judge under this paragraph 9 . 09 , ENGINEER will not show A . ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will not or reject Work which ENGINEER believes to be be liable in connection with any interpretation or defective , or that ENGINEER believes will not produce decision rendered in good faith in such capacity. The a completed . Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this Documents or that will prejudice the integrity of the paragraph : 9 . 09 with respect to any such Claim , design concept of the completed Project as a dispute , or other matter ( except any which have been functioning whole as indicated by the Contract waived by the making or acceptance of final payment Documents . ENGINEER will also have authority to as provided in paragraph 14 . 07 ) will be a condition require special inspection or testing of the Work as precedent to any exercise by OWNER or provided in paragraph 13 . 04 , whether or not the Work CONTRACTOR of such rights or remedies as either is fabricated , installed , or completed . may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim , 9 . 07 Shop Drawings, Change Orders and dispute , or other matter. Payments 9 . 10 Limitations on ENGINEER 's Authority and A. In connection with ENGINEER ' s authority as Responsibilities to Shop Drawings and Samples , see paragraph 6 . 17 . A . Neither ENGINEER ' s authority or respon - B . In connection with ENGINEER ' s authority as sibility under this Article 9 or under any other provision to Change Orders , see Articles 10 , 11 , and 12 . of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not C . In connection with ENGINEER ' s authority as exercise such authority or responsibility or the to Applications for Payment, see Article 14 . undertaking , exercise , or performance of any authority or responsibility by ENGINEER shall create , impose , 9 . 08 Determinations for Unit Price Work or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR , any Subcon - A. ENGINEER will determine the actual quanti- tractor, any Supplier, any other individual or entity , or ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them . by CONTRACTOR . ENGINEER will review with CONTRACTOR the ENGINEER ' s preliminary B . ENGINEER will not supervise , direct, control , determinations on such matters before rendering a or have authority over or be responsible for written decision thereon ( by recommendation of an CONTRACTOR ' s means , methods , techniques , se- Application for Payment or otherwise ) . ENGINEER' s quences , or procedures of construction , or the safety written decision thereon will be final and binding precautions and programs incident thereto , or for any ( except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and factual conditions or more accurate data ) upon Regulations applicable to the performance of the OWNER and CONTRACTOR , subject to the Work. ENGINEER will not be responsible for provisions of paragraph 10 . 05 . CONTRACTOR ' s failure to perform the Work in accordance with the Contract Documents . 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work C . ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any A. ENGINEER will be the initial interpreter of the Subcontractor, any Supplier, or of any other individual requirements of the Contract Documents and judge of or entity performing any of the Work. the acceptability of the Work thereunder. Claims , disputes and other matters relating to the acceptability D . ENGINEER ' s review of the final Application of the Work , the quantities and classifications of Unit for Payment and accompanying documentation and all Price Work , the interpretation of the requirements of maintenance and operating instructions , schedules , the Contract Documents pertaining to the guarantees , Bonds , certificates of inspection , tests performance of the Work , and Claims seeking and approvals , and other documentation required to changes in the Contract Price or Contract Times will be delivered by paragraph 14 . 07 . A will only be to be referred initially to ENGINEER in writing , in determine generally that their content complies with the requirements of, and in the case of certificates of 00700 - General Conditions.doc 00700 - 29 F :1Engineering\Land Development PermitslQuail Creek PD\Bid -Contract Documents100700 - General Conditions. doc inspections , tests , and approvals that the results certified indicate compliance with , the Contract 2 . changes in the Contract Price or Documents . Contract Times which are agreed to by the parties , including any undisputed sum or E . The limitations upon authority and responsibil - amount of time for Work actually performed in ity set forth in this paragraph 9 . 10 shall also apply to accordance with a Work Change Directive ; and ENGINEER 's Consultants , Resident Project Repre- sentative , and assistants . 3 . changes n the Contract Price or Contract Times which embody the substance of THE , WORK ; CLAIMS any written .decision rendered by ENGINEER ARTICLE 10 - CHANGES IN pursuant to paragraph 10 . 05 , provided that, in lieu of executing any such Change Order, an 10 . 01 Authorized Changes in the Work appeal may be taken from any such decision in accordance with the provisions of the Contract A. Without invalidating the Agreement and Documents and applicable Laws and Regula - without notice to any surety , OWNER may , at time tions , but during any such appeal , Y � any CONTRACTOR shall carry on the Work and or from time to time , order additions , deletions , or revisions in the Work by a Written Amendment, a adhere the progress schedule as provided in Change Order, or a Work Change Directive _ Upon paragraph 6 . 18 . A . receipt of any such document, CONTRACTOR shall 10 . 04 Notification to Surety promptly proceed with the Work involved which will be performed under the applicable conditions of the A . If notice of any change affecting the general Contract Documents ( except as otherwise specifically scope of the Work or the provisions of the Contract provided ) . Documents ( including , but not limited to , Contract or ContractB . If OWNER and CONTRACTOR are unable to of Jce any Bond to be I mesven) to a surety ,qd bhe provisions 9 gigi ving of any agree on entitlement to , or on the amount or extent , if such notice will be CONTRACTOR ' s responsibility. any , of an adjustment in the Contract Price or Contract The amount of each applicable Bond will be adjusted Times , or both , that should be allowed as a result of a to reflect the effect of any such change . Work Change Directive , a Claim may be made therefor as provided in paragraph 10 . 05 . 10 . 02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended , modified , or supplemented as provided in paragraph 3 . 04 , except in the case of an emergency as provided in paragraph 6 . 16 or in the case of uncovering Work as provided in paragraph 13 . 04 . B . 10 . 03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI - NEER ( or Written Amendments) covering : 1 . changes in the Work which are : ( i ) ordered by OWNER pursuant to paragraph 10 . 01 . A, ( ii ) required because of acceptance of defective Work under paragraph 13 . 08 . A or OWNER ' s correction of defective Work under paragraph 13 . 09 , or ( iii ) agreed to by the parties ; 00700 - 30 00700 - General Conditions_ doc FAEngineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00700 - General Conditions. doc 10 . 05 Claims and Disputes C . If ENGINEER does not render a formal A. Notice. Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim , dispute , or other matter shall be 10 . 05 . 13 , a decision denying the Claim in its entirety delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly ( but in no event later receipt of the last submittal of the claimant or the last than 30 days ) after the start of the event giving rise submittal of the opposing party , if any . thereto . Notice of the amount or extent of the Claim , dispute , or other matter with supporting data shall be D . No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times ( or Milestones ) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10 . 05 . ( unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim , dispute , or other matter) . A Claim for ARTICLE 11 - COST OF THE WORK ; CASH an adjustment in Contract Price shall be prepared in ALLOWANCES ; UNIT PRICE WORK accordance with the provisions of paragraph 12 . 01 . 13 . A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of 11 . 01 Cost of the Work paragraph 12 . 02 . 6 . Each Claim shall be accom - panied by claimant' s written statement that the adjust- A. Costs Included. The term Cost of the Work ment claimed is the entire adjustment to which the means the sum of all costs necessarily incurred and claimant believes it is entitled as a result of said event. paid by CONTRACTOR in the proper performance of The opposing party shall submit any response to the Work . When the value of any Work covered by a ENGINEER and the claimant within 30 days after Change Order or when a Claim for an adjustment in receipt of the claimant' s last submittal ( unless Contract Price is determined on the basis of Cost of ENGINEER allows additional time) . the Work , the costs to be reimbursed to CONTRACTOR will be only those additional or B . ENGINEER 's Decision: ENGINEER will incremental costs required because of the change in render a formal decision in writing within 30 days after the Work or because of the event giving rise to the receipt of the last submittal of the claimant or the last Claim . Except as otherwise may be agreed to in submittal of the opposing party , if any . ENGINEER ' s writing by OWNER , such costs shall be in amounts no written decision on such Claim , dispute , or other higher than those prevailing in the locality of the matter will be final and binding upon OWNER and Project, shall include only the following items , and CONTRACTOR unless : shall not include any of the costs itemized in para- graph 11 . 01 . 6 . 1 . an appeal from ENGINEER ' s decision is taken within the time limits and in 1 . Payroll costs for employees in the accordance with the dispute resolution direct employ of CONTRACTOR in the perfor- procedures set forth in Article 16 ; or mance of the Work under schedules of job classifications agreed upon by OWNER and 21 if no such dispute resolution CONTRACTOR . Such employees shall include procedures have been set forth in Article 16 , a without limitation superintendents , foremen , written notice of intention to appeal from and other personnel employed full time at the ENGINEER ' s written decision is delivered by Site . Payroll costs for employees not employed OWNER or CONTRACTOR to the other and to full time on the Work shall be apportioned on ENGINEER within 30 days after the date of the basis of their time spent on the Work . such decision , and a formal proceeding is Payroll costs shall include , but not be limited to , instituted by the appealing party in a forum of salaries and wages plus the cost of fringe competent jurisdiction within 60 days after the benefits , which shall include social security date of such decision or within 60 days after contributions , unemployment, excise , and Substantial Completion , whichever is later payroll taxes , workers ' compensation , health ( unless otherwise agreed in writing by OWNER and retirement benefits , bonuses , sick leave , and CONTRACTOR ) , to exercise such rights or vacation and holiday pay applicable thereto . remedies as the appealing party may have with The expenses of performing Work outside of respect to such Claim , dispute , or other matter regular working hours , on Saturday , Sunday , or in accordance with applicable Laws and legal holidays , shall be included in the above to Regulations . the extent authorized by OWNER . 00700 - General Conditions. doc 00700 - 31 PAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc 2 . Cost of all materials and equipment in accordance with rental agreements approved furnished and incorporated in the Work , includ - by OWNER with the advice of ENGINEER , and ing costs of transportation and storage thereof, the costs of transportation , loading , unloading , and Suppliers ' field services required in assembly , dismantling , and removal thereof. connection therewith . All cash discounts shall All such costs shall be in accordance with the accrue to CONTRACTOR unless OWNER terms of said rental agreements . The rental of deposits funds with CONTRACTOR with which any such equipment , machinery , or parts shall to make payments , in which case the cash cease when the use thereof is no longer discounts shall accrue to OWNER . All trade necessary for the Work . discounts , rebates and ' refunds ` and returns from sale of surplus materials and equipment d . Sales , consumer, use , and other shall accrue to OWNER , and CONTRACTOR similar taxes related to the Work , and for which shall make provisions so that they may be CONTRACTOR is liable , imposed by Laws and obtained . Regulations . 3 . Payments made by CONTRACTOR e . Deposits lost for causes other than to Subcontractors for Work performed by negligence of CONTRACTOR , any Sub- Subcontractors . If required by OWNER , CON - contractor, or anyone directly or indirectly TRACTOR shall obtain competitive bids from employed by any of them or for whose acts any subcontractors acceptable to OWNER and of them may be liable , and royalty payments CONTRACTOR and shall deliver such bids to and fees for permits and licenses . OWNER , who will then determine , with the advice of ENGINEER , which bids , if any, will be f. Losses and damages (and related acceptable . If any subcontract provides that the expenses) caused by damage to the Work , not Subcontractor is to be paid on the basis of Cost compensated by insurance or otherwise , sus- of the Work plus a fee , the Subcontractoi' s tained by CONTRACTOR in connection with Cost of the Work and fee shall be determined the performance of the Work ( except losses in the same manner as CONTRACTOR ' s Cost and damages within the deductible amounts of of the Work and fee as provided in this para - property insurance established in accordance graph 11 . 01 . with paragraph 5 . 06 . D) , provided such losses and damages have resulted from causes other 4 . Costs of special consultants than the negligence of CONTRACTOR , any ( including but not limited to engineers , Subcontractor, or anyone directly or indirectly architects , testing laboratories , surveyors , employed by any of them or for whose acts any attorneys , and accountants ) employed for of them may be liable . Such losses shall services specifically related to the Work . include settlements made with the written consent and approval of OWNER . No such 5 . Supplemental costs including the losses , damages , and expenses shall be following : included in the Cost of the Work for the purpose of determining CONTRACTOR' s fee . a . The proportion of necessary trans- portation , travel , and subsistence expenses of g . The cost of utilities , fuel , and sanitary CONTRACTOR 's employees incurred in dis- facilities at the Site . charge of duties connected with the Work . h . Minor expenses such as telegrams , b . Cost, including transportation and long distance telephone calls , telephone service maintenance , of all materials , supplies , equip- at the Site , expressage , and similar petty cash ment , machinery , appliances , office , and items in connection with the Work . temporary facilities at the Site , and hand tools not owned by the workers , which are consumed i . When the Cost of the Work is used to in the performance of the Work , and cost, less determine the value of a Change Order or of a market value , of such items used but not con - Claim , the cost of premiums for additional sumed which remain the property of CON - Bonds and insurance required because of the TRACTOR . changes in the Work or caused by the event giving rise to the Claim . C . Rentals of all construction equip- ment and machinery , and the parts thereof j . When all the Work is performed on the whether rented from CONTRACTOR or others basis of cost-plus , the costs of premiums for all 00700 - General Conditions. doc 00700 - 32 FAEng neeringlLand Development PermitslQuail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc Bonds and insurance CONTRACTOR is D . Documentation: Whenever the Cost of the required by the Contract Documents to Work for any purpose is to be determined pursuant to purchase and maintain . paragraphs 11 . 01 . A and 11 . 01 . B , CONTRACTOR will establish and maintain records thereof in accordance B . Costs Excluded: The term Cost of the Work with generally accepted accounting practices and shall not include any of the following items : submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting 1 . Payroll costs and other compensation data . of CONTRACTOR ' s officers , executives , princi pals ( of partnerships and sole proprietorships ) , 11 . 02 Cash Allowances general managers , engineers , architects , estimators , attorneys , auditors , accountants , A. It is understood that CONTRACTOR has in - purchasing and contracting agents , expediters , cluded in the Contract Price all allowances so named timekeepers , clerks , and other personnel in the Contract Documents and shall cause the Work employed by CONTRACTOR , whether at the so covered to be performed for such sums as may be Site or in CONTRACTOR ' s principal or branch acceptable to OWNER and ENGINEER . office for general administration of the Work CONTRACTOR agrees that : and not specifically included in the agreed upon schedule of job classifications referred to in 1 . the allowances include the cost to paragraph 11 . 01 . A. 1 or specifically covered by CONTRACTOR ( less any applicable trade paragraph 11 . 01 . A. 4 , all of which are to be discounts) of materials and equipment required considered administrative costs covered by the by the allowances to be delivered at the Site , CONTRACTOR ' s fee . and all applicable taxes ; and 2 . Expenses of CONTRACTOR ' s princi- 2 . CONTRACTOR ' s costs for unloading pal and branch offices other than and handling on the Site , labor, installation CONTRACTOR ' s office at the Site . costs , overhead , profit, and other expenses contemplated for the allowances have been 3 . Any part of CONTRACTOR ' s capital included in the Contract Price and not in the expenses , including interest on allowances , and no demand for additional CONTRACTOR ' s capital employed for the payment on account of any of the foregoing will Work and charges against CONTRACTOR for be valid . delinquent payments . B . Prior to final payment, an appropriate Change 4 . Costs due to the negligence of CON - Order will be issued as recommended by ENGINEER TRACTOR , any Subcontractor, or anyone to reflect actual amounts due CONTRACTOR on directly or indirectly employed by any of them or account of Work covered by allowances , and the Con - for whose acts any of them may be liable , tract Price shall be correspondingly adjusted . including but not limited to , the correction of defective Work , disposal of materials or 11 . 03 Unit Price Work equipment wrongly supplied , and making good any damage to property . A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work , initially 5 . Other overhead or general expense the Contract Price will be deemed to include for all costs of any kind and the costs of any item not Unit Price Work an amount equal to the sum of the specifically and expressly included in unit price for each separately identified item of Unit paragraphs 11 . 01 . A and 11 . 01 . B . Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated C . CONTRACTOR 's Fee: When all the Work is quantities of items of Unit Price Work are not guaran - performed on the basis of cost- plus , CONTRACTOR ' s teed and are solely for the purpose of comparison of fee shall be determined as set forth in the Agreement. Bids and determining an initial Contract Price . Deter- When the value of any Work covered by a Change minations of the actual quantities and classifications of Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be Price is determined on the basis of Cost of the Work , made by ENGINEER subject to the provisions of CONTRACTOR ' s fee shall be determined as set forth paragraph 9 . 08 . in paragraph 12 . 01 . C . B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 00700 - General Conditions- doc 00700 - 33 FAEngineeringlLand Development Permits\Quail Creek M13id-Contract Documents100700 - General Conditions_ doc quate to cover CONTRACTOR ' s overhead and profit Documents and agreement to a lum for each separately identified item . not reached under para rah 12 . 0 p sum is B basis of the Cost of the Work ( determined the C . OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- provided in paragraph 11 . 01 ) plus a dance with paragraph 10 . 05 if: CONTRACTOR ' s fee for overhead and profit the quantity of any item of Unit Price ( determined as provided in paragraph 12 . 01 . C ) . 1 . Work performed by CONTRACTOR differs C . CONTRACTOR 's Fee: The CONTRACTOR ' s fee for overhead and profit shall be materially and significantly from the estimated quantity of such item indicated in the determined as follows Agreement; and 1 . a mutually acceptable fixed fee ; or 2 . there is no corresponding adjustment 2 . if a fixed fee is not agreed upon , then with respect any other item of Work ; and a fee based on the following percentages of the 3 . if CONTRACTOR believes that various portions of the Cost of the Work: CONTRACTOR is entitled to an increase in Contract Price as a result of havingincurred a - for costs incurred under para- Contract graphs 11 . 01 . A. 1 and 11 . 01 . A . 2 , the additional expense or OWNER believes that CONTRACTOR ' s fee shall be 15 percent; OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to 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; ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES c- where one or more tiers of subcon - tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon , the intent of paragraph 12 . 01 . C . 2 . a is that 12 . 01 Change of Contract Price the Subcontractor who actually performs A . The Contract Price may only be changed b a the Work , at whatever tier, will be paid a fee Y Y 9 Y of 15 percent of the costs incurred by such Change Order or by a Written Amendment. Any Subcontractor under paragraphs 11 . 01 . A . 1 Claim for an adjustment in the Contract Price shall be and 11 . 01 . A. 2 and that any higher tier based on written notice submitted by the party making Subcontractor and CONTRACTOR will the Claim to the ENGINEER and the other party to the each be paid a fee of five percent of the Contract in accordance with the provisions of para - amount paid to the next lower tier Subcon - graph 10 . 05 . tractor; B . The value of any Work covered by a Change d . no fee shall be payable on the Order or of any Claim for an adjustment in the basis of costs itemized under paragraphs Contract Price will be determined as follows : 11 . 01 . A. 4 , 11 . 01 .A . 5 , and 11 . 01 . 13 ; 1 . where the Work involved is covered e . the amount of credit to be allowed by unit prices contained in the Contract by CONTRACTOR to OWNER for any Documents , by application of such unit prices to change which results in a net decrease in the quantities of the items involved ( subject to cost will be the amount of the actual net the provisions of paragraph 11 . 03 ) ; or decrease in cost plus a deduction in 2 . where the Work involved is not cov- CONTRACTOR' s fee by an amount equalto five percent of such net decrease ; and ered by unit prices contained in the Contract Documents , by a mutually agreed lump sum f. when both additions and credits are (which may include an allowance for overhead involved in any one change , the adjustment and profit not necessarily in accordance with in CONTRACTOR' s fee shall be computed paragraph 12 . 01 . C . 2 ) ; or on the basis of the net change in accordance with paragraphs 12 . 01 . C . 2 . a 3 . where the Work involved is not cov- through 12 . 01 . C . 2 . e , inclusive . ered by unit prices contained in the Contract 00700 - 34 00700 - General Conditions. doc FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc 12 . 02 Change of Contract Times surety for or employee or agent of any of them , for A . The Contract Times ( or Milestones ) may only damages arising out of or resulting from : be changed by a Change Order or by a Written 1 . delays caused by or within the control Amendment . Any Claim for an adjustment in the of CONTRACTOR ; or Contract Times ( or Milestones ) shall be based on written notice submitted by the party making the claim 2 . delays beyond the control of both to the ENGINEER and the other party to the Contract OWNER and CONTRACTOR including but not in accordance with the provisions of paragraph 10 . 05 . limited to fires , floods , epidemics , abnormal weather conditions , acts of God , or acts or B . Any adjustment of the Contract Times ( or neglect by utility owners or other contractors Milestones ) covered by a Change Order or of any performing other work as contemplated by Claim for an adjustment in the Contract Times ( or Article 7 . Milestones ) will be determined in accordance with the provisions of this Article 12 . B . Nothing in this paragraph 12 . 06 bars a change in Contract Price pursuant to this Article 12 to 12 . 03 Delays Beyond CONTRACTOR 's Control compensate CONTRACTOR due to delay , interference , or disruption directly attributable to A . Where CONTRACTOR is prevented from actions or inactions of OWNER or anyone for whom completing any part of the Work within the Contract OWNER is responsible . Times ( or Milestones ) due to delay beyond the control of CONTRACTOR , the Contract Times ( or Milestones) will be extended in an amount equal to the ARTICLE 13 - TESTS AND INSPECTIONS ; time lost due to such delay if a Claim is made therefor CORRECTION , REMOVAL OR ACCEPTANCE OF as provided in , paragraph 12 . 02 . A . Delays beyond the DEFECTIVE WORK control of CONTRACTOR shall include , but not be limited to , acts or neglect by OWNER , acts or neglect of utility owners or other contractors performing other 13 . 01 Notice of Defects work as contemplated by Article 7 , fires , floods , epidemics , abnormal weather conditions , or acts of A. Prompt notice of all defective Work of which God . OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR . All defective Work may be 12 . 04 Delays Within CONTRACTOR's Control rejected , corrected , or accepted as provided in this Article 13 . A . The Contract Times ( or Milestones ) will not be extended due to delays within the control of 13 . 02 Access to Work CONTRACTOR . Delays attributable to and within the control of a Subcontractor or . Supplier shall be A. OWNER , ENGINEER , ENGINEER ' s Con - deemed to be delays within the control of CONTRAC- sultants , other representatives and personnel of TOR . OWNER , independent testing laboratories , and governmental agencies with jurisdictional interests will 12 . 05 Delays Beyond OWNER 's and have access to the Site and the Work at reasonable CONTRACTOR 's Control times for their observation , inspecting , and testing . CONTRACTOR shall provide them proper and safe A . Where CONTRACTOR is prevented from conditions for such access and advise them of completing any part of the Work within the Contract CONTRACTOR ' s Site safety procedures and Times (or Milestones ) due to delay beyond the control programs so that they may comply therewith as of both OWNER and CONTRACTOR , an extension of applicable . the Contract Times ( or Milestones) in an amount equal to the time lost due to such delay shall be 13 . 03 Tests and Inspections CONTRACTOR ' s sole and exclusive remedy for such delay . A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required 12 . 06 Delay Damages inspections , tests , or approvals and shall cooperate with inspection and testing personnel to facilitate A. In no event shall OWNER or ENGINEER be required inspections or tests . liable to CONTRACTOR , any Subcontractor, any Supplier, or any other person or organization , or to any 00700 - General Conditions. doc 00700 - 35 FAEngineeringlLand Development PermitslQuail Creek PDIBid-Contract Documents100700 - General Conditions. doc B . OWNER all emplay-� d pay f services of an independent testing labora:red to B . If ENGINEER considers it necessary or perform all inspections , tests , or approvals re by advisable that covered Work be observed by ENGI - the Contract Documents except : NEER or inspected or tested by others , CONTRAC - TOR , at ENGINEER ' s request , shall uncover , expose , 1 . for inspections , to or approvals or otherwise make available for observation , inspec- covered by paragraphs 1 3 . 0 and 13 . 03 . D tion , or testing as ENGINEER may require , that below , portion of the Work in question , furnishing all neces- sary labor, material , and equipment. If it is found that 2 . that cos incurred in connection with such Work is defective , CONTRACTOR shall pay all tests or insp ions conducted pursuant to Claims , costs , losses , and damages ( including but not paragraph . 04 . 13 shall be paid as provided in limited to all fees and charges of engineers , architects , said par raph 13 . 04 . 13 ; and attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out as otherwise specifically provided in of or relating to such uncovering , exposure , observa- tion , inspection , and testing , and of satisfactory replacement or reconstruction ( including but not C . If Laws or Regulations of any public body limited to all costs of repair or replacement of work of having jurisdiction require any Work ( or part thereof) others ) ; and OWNER shall be entitled to an specifically to be inspected , tested , or approved by an appropriate decrease in the Contract Price . If the employee or other representative of such public body , parties are unable to agree as to the amount thereof, CONTRACTOR shall assume full responsibility for OWNER may make a Claim therefor as provided in arranging and obtaining such inspections , tests , or paragraph 10 . 05 . If, however, such Work is not found approvals , pay all costs in connection therewith , and to be defective , CONTRACTOR shall be allowed an furnish ENGINEER the required certificates of inspec- increase in the Contract Price or an extension of the tion or approval . Contract Times ( or Milestones) , or both , directly attributable to such uncovering , exposure , D . CONTRACTOR shall be responsible for observation , inspection , testing , replacement , and arranging and obtaining and shall pay all costs in reconstruction . If the parties are unable to agree as to connection with any inspections , tests , or approvals the amount or extent thereof, CONTRACTOR may required for OWNER ' s and ENGINEER ' s acceptance make a Claim therefor as provided in paragraph of materials or equipment to be incorporated in the 10 . 05 . Work ; or acceptance of materials , mix designs , or equipment submitted for approval prior to 13 . 05 OWNER May Stop the Work CONTRACTOR ' s purchase thereof for incorporation in the Work . Such inspections , tests , or approvals A. if the Work is defeGtive , or CONTRACT shall be performed by organizations acceptable to fails to supply sufficient skilled workers or stable OWNER and ENGINEER . materials or equipment, or fails to perform e Work in such a way that the completed Wor ill conform to E . If any Work ( or the work of others) that is to the Contract Documents , OWNE may order CON - be inspected , tested , or approved is covered by CON - TRACTOR to stop the Work r any portion thereof, TRACTOR without written concurrence of ENGI - until the cause for such der has been eliminated ; NEER , it must, if requested by ENGINEER , be uncov- however, this right of NER to stop the Work shall ered for observation . not give rise to duty on the part of OWNER to exercise this ' t for the benefit of CONTRACTOR , F . Uncovering Work as provided in paragraph any Sub tractor, any Supplier, any other individual 13 . 03 . E shall be at CONTRACTOR ' s expense unless , CONTRACTOR has given ENGINEER timely notice ;4 thprn of CONTRACTOR' s intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice . 13 . 04 Uncovering Work A . If any Work is covered contrary to the written request of ENGINEER , it must , if requested by ENGI - NEER , be uncovered for ENGINEER ' s observation and replaced at CONTRACTOR ' s expense . 00700 - General Conditions. doc 00700 - 36 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc 13 . 06 Correction or Removal of Defective Work C . Where defective Work ( and damage to other Work A . CONTRACTOR shall correct all defective removedandgreplaced o under thbeen corrected or Work , whether or not fabricated , installed , or the correction period hereunder with arespecpthto su0ch completed , or, if the Work has been rejected by ENGI - Work will be extended for an additional period of one NEER , remove it from the Project and replace it with year after such correction or removal and replacement Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed . all Claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , D . CONTRACTOR ' s obligations : under this architects , attorneys , and other professionals and all paragraph 13 . 07 are in addition to any other obligation court or arbitration or other dispute resolution costs) or warranty . The provisions of this paragraph 13 . 07 arising out of or relating to such correction or removal shall not be construed as a substitute for or a waiver ( including but not limited to all costs of repair or of the provisions of any applicable statute of limitation replacement of work of others ) , or repose . 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work A . If within one year after the date of Substantial A. If, instead of requiring correction or removal Completion or such longer period of time as may be and replacement of defective Work , OWNER ( and , prescribed by Laws or Regulations or by the terms of prior to ENGINEER ' s recommendation of final pay- any applicable special guarantee required by the ment, ENGINEER ) prefers to accept it, OWNER may Contract Documents or by any specific provision of the do so . CONTRACTOR shall pay all Claims , costs , Contract Documents , any Work is found to be losses , and damages ( including but not limited to all defective , or if the repair of any damages to the land fees and charges of engineers , architects , attorneys , or areas made available for CONTRACTOR ' s use by and other professionals and all court or arbitration or OWNER or permitted by Laws and Regulations as other dispute resolution costs) attributable to contemplated in paragraph 6 . 11 . A is found to be OWNER ' s evaluation of and determination to accept defective , CONTRACTOR shall promptly , without cost such defective Work ( such costs to be approved by to OWNER and in accordance with OWNER ' s written ENGINEER as to reasonableness ) and the diminished instructions : ( i ) repair such defective land or areas , or value of the Work to the extent not otherwise paid by ( ii ) correct such defective Work or, if the defective CONTRACTOR pursuant to this sentence . If any Work has been rejected by OWNER , remove it from such acceptance occurs prior to ENGINEER ' s recom - the Project and replace it with Work that is not mendation of final payment, a Change Order will be defective , and ( iii) satisfactorily correct or repair or issued incorporating the necessary revisions in the remove and replace any damage to other Work , to the Contract Documents with respect to the Work , and work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate decrease from . If CONTRACTOR does not promptly comply in the Contract Price , reflecting the diminished value of with the terms of such instructions , or in an Work so accepted . If the parties are unable to agree emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim loss or damage , OWNER may have the defective therefor as provided in paragraph 10 . 05 . If the Work corrected or repaired or may have the rejected acceptance occurs after such recommendation , an Work removed and replaced , and all Claims , costs , appropriate amount will be paid by CONTRACTOR to losses , and damages ( including but not limited to all OWNER . fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or 13 . 09 OWNER May Correct Defective Work other dispute resolution costs ) arising out of or relating to such correction or repair or such removal and A . If CONTRACTOR fails within a reasonable replacement ( including but not limited to all costs of time after written notice from ENGINEER to correct repair or replacement of work of others) will be paid by defective Work or to remove and replace rejected CONTRACTOR . Work as required by ENGINEER in accordance with paragraph 13 . 06 . A, or if CONTRACTOR fails to B . In special circumstances where a particular perform the Work in accordance with the Contract item of equipment is placed in continuous service Documents , or if CONTRACTOR fails to comply with before Substantial Completion of all the Work , the any other provision of the Contract Documents , correction period for that item may start to run from an OWNER may, after seven days written notice to earlier date if so provided in the Specifications or by CONTRACTOR , correct and remedy any such Written Amendment. deficiency. 00700 - 37 00700 - General Conditions. doc FAEng, neeringlLand Development PermitslQuail Creek PMBid-Contract Documents100700 - General Conditions. doc B . In exercising the rights and remedies under 14 . 02 Progress Payments this paragraph , OWNER shall proceed expeditiously . In connection with such corrective and remedial A . Applications for Payments action , OWNER may exclude CONTRACTOR from all or part of the Site , take possession of all or part of the 1 . At least 20 days before the date Work and suspend CONTRACTOR ' s services related established for each progress payment ( but not thereto , take possession of CONTRACTOR ' s tools , more often than once a month ) , appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for the Site , and incorporate in the Work all materials and review an Application for Payment filled out and equipment stored at the Site orfor which OWNER has signed by CONTRACTOR covering the Work paid CONTRACTOR but which are stored elsewhere . completed as of the date of the Application and CONTRACTOR shall allow OWNER , OWNER ' s accompanied by such supporting representatives , agents and employees , OWNER ' s documentation as is required by the Contract other contractors , and ENGINEER and ENGINEER' s Documents . If payment is requested on the Consultants access to the Site to enable OWNER to basis of materials and equipment not exercise the rights and remedies under this incorporated in the Work but delivered and paragraph . suitably stored at the Site or at another location agreed to in writing , the Application for Payment C . All Claims , costs , losses , and damages shall also be accompanied by a bill of sale , ( including but not limited to all fees and charges of invoice , or other documentation warranting that engineers , architects , attorneys , and other OWNER has received the materials and equip- professionals and all court or arbitration or other ment free and clear of all Liens and evidence dispute resolution costs ) incurred or sustained by that the materials and equipment are covered OWNER in exercising the rights and remedies under by appropriate property insurance or other this paragraph 13 . 09 will be charged against CON - arrangements to protect OWNER ' s interest TRACTOR , and a Change Order will be issued therein , all of which must be satisfactory to incorporating the necessary revisions in the Contract OWNER . Documents with respect to the Work ; and OWNER shall be entitled to an appropriate decrease in the 2 . Beginning with the second Contract Price . If the parties are unable to agree as to Application for Payment , each Application shall the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating Claim therefor as provided in paragraph 10 . 05 . Such that all previous progress payments received claims , costs , losses and damages will include but not on account of the Work have been applied on be limited to all costs of repair, or replacement of work account to discharge CONTRACTOR ' s of others destroyed or damaged by correction , legitimate obligations associated with prior removal , or replacement of CONTRACTOR' s Applications for Payment. defective Work . 3 . The amount of retainage with respect D . CONTRACTOR shall not be allowed an to progress payments will be as stipulated in extension of the Contract Times ( or Milestones) the Agreement. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER' s B . Review of Applications rights and remedies under this paragraph 13 . 09 . 1 . ENGINEER will , within 10 days after receipt of each Application for Payment , either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing 14 . 01 Schedule of Values ENGINEER ' s reasons for refusing to recommend payment. In the latter case , LON - A. The schedule of values established as provid - TRACTOR may make the necessary ed in paragraph 2 . 07 . A will serve as the basis for corrections and resubmit the Application . progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI - 2 . ENGINEER ' s recommendation of NEER . Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed . Payment will constitute a representation by ENGINEER to OWNER , based on 00700 - General Conditions. doc 00700 - 38 F : IE_ ngineenng\Land Development PermitslQuail Creek PD\Bid- Contract Documents100700 - General Conditions. doc ENGINEER ' s observations on the Site of the make any examination to ascertain how or for executed Work as an experienced and qualified what purposes CONTRACTOR has used the design professional and on ENGINEER Is moneys paid on account of the Contract Price , review of the Application for Payment and the or to determine that title to any of the Work , accompanying data and schedules , that to the materials , or equipment has passed to best of ENGINEER ' s knowledge , information OWNER free and clear of any Liens . and belief: 5 . ENGINEER may refuse to recom - a . the Work has progressed to the point mend the whole. or any part of any payment if, indicated , L in ENGINEER ' s opinion, it would be incorrect to make the representations to OWNER referred b . the quality of the Work is generally in to in paragraph 14 . 02 . B . 2 . ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment ( subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent Substantial Completion , to the results of any inspections or tests , revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made , to Documents , to a final determination of such extent as may be necessary in quantities and classifications for Unit Price ENGINEER ' s opinion to protect OWNER from Work under paragraph 9 . 08 , and to any loss because : other qualifications stated in the recommendation ) ; and a . the Work is defective , or completed Work has been damaged , requiring c . The conditions precedent to correction or replacement; CONTRACTOR ' s being entitled to such payment appear to have been fulfilled in so b . the Contract Price has been reduced far as it is ENGINEER ' s responsibility to by Written Amendment or Change Orders ; observe the Work . c . OWNER has been required to correct 3 . By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13 . 09 ; or deemed to have represented that : ( i ) inspec- tions made to check the quality or the quantity d . ENGINEER has aGf'_` l Lkrwi of the Work as it has been performed have the occur[ ;10 the events ,�- been exhaustive , extended to every aspect of in nn the Work in progress , or involved detailed inspections of the Work beyond the responsi- C . Payment Becomes Due bilities specifically assigned to ENGINEER in the Contract Documents ; or ( ii ) that there may not be other matters or issues between the Application for Payment to O with parties that might entitle CONTRACTOR to be ENGINEER ' s recommen a n , the amount paid additionally by OWNER or entitle OWNER recommended wil sect to the provisions of to withhold payment to CONTRACTOR . paragra 2 . D ) become due , and when 4 . Neither ENGINEER' s review of lue VW181 be rp�aid by OWNER to CONTRACTOR . CONTRACTOR ' s Work for the purposes of D . Reduction in Payment recommending payments nor ENGINEER' s recommendation of any payment, including final 1 . OWNER may refuse to make payment, will impose responsibility on payment of the full amount recommended by ENGINEER to supervise , direct, or control the ENGINEER because : Work or for the means , methods , techniques , sequences , or procedures of construction , or a . claims have been made against the safety precautions and programs incident OWNER on account of CONTRACTOR ' s thereto , or for CONTRACTOR ' s failure to performance or furnishing of the Work , comply with Laws and Regulations applicable to CONTRACTOR ' s performance of the Work. b . Liens have been filed in connection Additionally , said review or recommendation will with the Work , except where not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific 00700 - General Conditions. doc 00700 - 39 FAEngineering\Land Development PermitslQuail Creek M13id-Contract Documentsk00700 - General Conditions. doc Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens , c . there are other items entitling OWN - ER to a set-off against the amount recommended ; or d . OWNER has actual knowledge of the r 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 . 2 . If OWNER refuses to make payment of the full amount recommended by ENGINEER , OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER ) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld . OWNER shall promptly pay CONTRACTOR the amount so withheld , or any adjustment thereto agreed to by OWNER and CONTRACTOR , when CONTRACTOR corrects to OWNER Is satisfaction the reasons for such action . 3 . If it is subsequently determined that OWNER ' s refusal of payment was not justified , the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14 . 02 . C . 1 . 14 . 03 CONTRACTOR 's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work , materials , and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens . 00700 - General Conditions. doc 00700 - 40 FAEngineering\land Development PermitslQuail Creek PD\Bid - Contract Documents\00700 - General Conditions. doc TRACTOR reasonable access to complete or correct 14 . 04 Substantial Completion items on the tentative list . A . When CONTRACTOR considers the entire 14 . 05 Partial Utilization Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the A . Use by OWNER at OWNER ' s option of any entire Work is substantially complete ( except for items substantially completed part of the Work which has specifically listed by CONTRACTOR as incomplete ) specifically been identified in the _ Contract Documents , and request that ENGINEER issue a certificate of or which@OWNER , ENGINEER , and CONTRACTOR Substantial Completion . Promptly thereafter, agree constitutes a separately functioning and usable OWNER , CONTRACTOR , and ENGINEER shall part of the Work that can be used by OWNER for its make an inspection of the Work to determine the intended purpose without significant interference with status of completion . If ENGINEER does not consider CONTRACTOR ' s performance of the remainder of the Work substantially complete , ENGINEER will the Work , may be accomplished prior to Substantial notify CONTRACTOR in writing giving the reasons Completion of all the Work subject to the following therefore . if ENGINEER Gensiders--th, e We-F - conditions . deliver to OWNER a tentative `+ eFtif ate f S bst., r, + ; ., , 1 . OWNER at any time may request n • V . av v � � . • awl ♦ a.A 1V11LU LIV [.. Completion whiGh shall fix the date ef Substa CONTRACTOR in writing to permit OWNER to Completion There shall to e Gertifin-, te use any such part of the Work which OWNER a teRtative list of items to be GGMpleted OF GGrFe believes to be ready for its intended use and shallsubstantially complete . If CONTRACTOR agrees that such part of the Work is make WFitten ebjeGtion te ENGINEER as to nu any substantially complete , CONTRACTOR will prsvis+ens of the QeFtifiGaor-attaGhed- list. if, a certify to OWNER and ENGINEER that such GORSidering SU h ObjeGtiORS , ENGINEER. GGRGIud part of the Work is substantially complete and that the Werk is not sUbstantially GGFFIPI request ENGINEER to issue a certificate of ENGINEER will within 14 day after submission f Substantial Completion for that part of the Work . CONTRACTOR at any time may notify ire wr+ � tatii+ assns t-refer . 1ff, ane OWNER . and ENGINEER in writing that ^ nc'�a�-or-O :' NER's objet ` , E " '�, C; ",�;€€� CONTRACTOR considers any such part of the vvI IVIV VI a. Ll V11 foFk substantially , Work ready for its intended use and substan - €PJGtP r will ' " '`-, ithi;-said-T4- days exeGUta-and tially complete and request ENGINEER to issue delovein to OWNER and CONTRACTOR a defini a certificate of Substantial Completion for that part of the Work . Within a reasonable time tentative list of items to be GeMpleted OF GE) FreGt after either such request, OWNER , refleGting SUGh es from tTetrer, atiye GeFtifi CONTRACTOR , and ENGINEER shall make as ENGINEER believes justified after nengidera}inn of an inspection of that part of the Work to any objeGtiGRS fFGM OWNER . At the time of delivery determine its status of completion . If of the tentative GeFtifiGate Gf Substantial Gerripleti ENGINEER does not consider that part of the ENGINEER ° f' Work to be substantially complete , ENGINEER will notify OWNER and CONTRACTOR in Fespsnsibilities peRdiRg— final-- payment—be ween writing giving the reasons therefor. If , ENGINEER considers that part of the Work to epeFatiGR ca" , -dam tiers of the e be substantially complete , the provisions of maintenenr•e heat utilities , i % UraMe and waFFentiec paragraph 14 . 04 will apply with respect to murriic.�trr�-�-r, car;- , , and guar� anteej Unless OWNER — a,d certification of Substantial Completion of that part of the Work and the division of inform _ ENGINEER in writing prier to ENGINES responsibility in respect thereof and access issuing the definitive nertifiGate of Substantial tantial Comnle thereto . . VV Mu . Y u . V definitive VVI 1111Va,A lV VI VuiJVCUIT tl�n EVntGINEER ' s eferesaid reGOrr mendatien wily 10 e 1 binding on OWNER and CONTRACT-OR URtil fiRal 2 . No occupancy or separate operation pmt. of part of the Work may occur prior to compliance with the requirements of paragraph B . OWNER shall have the right to exclude 5 . 10 regarding property insurance . CONTRACTOR from the Site after the date of Substantial Completion , but OWNER shall allow CON - 00700 - General Conditions. doc 00700 - 41 F: lEngineeringlLand Development PermitslQuail Creek PD1Bid-Contract Documents100700 - General Conditions. doc 14 . 06 Final Inspection A . Upon written notice from CONTRACTOR that B . Review of Application and Acceptance the entire Work or an agreed portion thereof is 1 . If, on the basis of ENGINEER ' s complete , ENGINEER will promptly make a final observation of the Work during construction inspection with OWNER and CONTRACTOR and will and final inspection , and ENGINEER ' s review notify CONTRACTOR in writing of all particulars in of the final Application for Payment and which this inspection reveals that the Work is accompanying documentation as required by incomplete or defective . CONTRACTOR shall the Contract Documents , ENGINEER is immediately take such measures as are necessary to satisfied that the Work has been completed complete such Work or remedy such deficiencies . and CONTRACTOR ' s other obligations under the Contract Documents have been fulfilled , 14 . 07 Final Payment ENGINEER will , within ten days after receipt of the final Application for Payment, indicate in A . Application for Payment writing ENGINEER ' s recommendation of payment and present the Application for 1 . After CONTRACTOR has , in the Payment to OWNER for payment. At the same opinion of ENGINEER , satisfactorily completed time ENGINEER will also give written notice to all corrections identified during the final OWNER and CONTRACTOR that the Work is inspection and has delivered , in accordance acceptable subject to the provisions of with the Contract Documents , all maintenance paragraph 14 . 09 . Otherwise , ENGINEER will and operating instructions , schedules , guaran - return the Application for Payment to tees , Bonds , certificates or other evidence of CONTRACTOR , indicating in writing the insurance certificates of inspection , marked - up reasons for refusing to recommend final record documents ( as provided in paragraph payment , in which case CONTRACTOR shall 6 . 12 ) , and other documents, CONTRACTOR make the necessary corrections and resubmit may make application for final payment follow- the Application for Payment. ing the procedure for progress payments . C . Payment Becomes Due 2 . The final Application for Payment shall be accompanied ( except as previously 1 Thirty afteF the presentation delivered ) by : ( i ) all documentation called for in OWNER of the AppliGation feF Payment and the Contract Documents , including but not aGGGMpanying dOGUmentation , the ameun limited to the evidence of insurance required by FeGC) MmeRded by ENGINEER will beGGme due subparagraph 5 . 04 . 13 . 7 ; ( ii) consent of the and , wheR due , will be paid by OWNER te surety, if any , to final payment; and ( iii ) complete and legally effective releases or waivers ( satisfactory to OWNER ) of all Lien 14 . 08 Final Completion Delayed rights arising out of or Liens filed in connection with the Work . A. If, through no fault of CONTRACTOR , final completion of the Work is significantly delayed , and if 3 . In lieu of the releases or waivers of ENGINEER so confirms , OWNER shall , upon receipt Liens specified in paragraph 14 . 07 . A . 2 and as of CONTRACTOR' s final Application for Payment and approved by OWNER , CONTRACTOR may recommendation of ENGINEER , and without terminat- furnish receipts or releases in full and an ing the Agreement, make payment of the balance due affidavit of CONTRACTOR that: ( i ) the releases for that portion of the Work fully completed and and receipts 4 include all labor, services , accepted . If the remaining balance to be held by material , and equipment for which a Lien could OWNER for Work not fully completed or corrected is be filed ; and ( ii ) all payrolls , material and less than the retainage stipulated in the Agreement, equipment bills , and other indebtedness and if Bonds have been furnished as required in connected with the Work for which OWNER or paragraph 5 . 01 , the written consent of the surety to OWNER' s property might in any way be the payment of the balance due for that portion of the responsible have been paid or otherwise satis - Work fully completed and accepted shall be submitted fied . if any Subcontractor or Supplier fails to by CONTRACTOR to ENGINEER with the Application furnish such a release or receipt in full , CON - for such payment. Such payment shall be made TRACTOR may furnish a Bond or other under the terms and conditions governing final collateral satisfactory to OWNER to indemnify payment , except that it shall not constitute a waiver of OWNER against any Lien . Claims . 00700 - General Conditions. doc 00700 - 42 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc 3 . CONTRACTOR 's disregard of the 14 . 09 Waiver of Claims authority of ENGINEER ; or A . The making and acceptance of final payment 4 . CONTRACTOR ' s violation in any will constitute : substantial way of any provisions of the Contract Documents . 1 . a waiver of all Claims by OWNER against CONTRACTOR , except Claims . arising B . If one or more . of the . events identified in from unsettled Liens ; from defective Work paragraph � 15 . 02 . A occur, OWNER may , after giving appearing after final inspection pursuant to CONTRACTOR ( and the surety , if any) seven days paragraph 14 . 06 , from failure to comply with the written notice , terminate the services of Contract Documents or the terms of any special CONTRACTOR , exclude CONTRACTOR from the guarantees specified therein , or from Site , and take possession of the Work and of all CONTRACTOR ' s continuing obligations under CONTRACTOR ' s tools , appliances , construction the Contract Documents ; and equipment, and machinery at the Site , and use the same to the full extent they could be used by 2 . a waiver of all Claims by CONTRAC - CONTRACTOR (without liability to CONTRACTOR for TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all previously made in writing which are still materials and equipment stored at the Site or for unsettled . which OWNER has paid CONTRACTOR but which are stored elsewhere , and finish the Work as OWNER may deem expedient. In such case , CONTRACTOR ARTICLE 15 - SUSPENSION OF WORK AND shall not be entitled to receive any further payment TERMINATION until the Work is finished . If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and damages ( including but not limited to all fees and 15 . 01 OWNER May Suspend Work charges of engineers , architects , attorneys , and other professionals and all court or arbitration or other A. At any time and without cause , OWNER may dispute resolution costs ) sustained by OWNER arising suspend the Work or any portion thereof for a period out of or relating to completing the Work , such excess of not more than 90 consecutive days by notice in will be paid to CONTRACTOR . If such claims , costs , writing to CONTRACTOR and ENGINEER which will losses , and damages exceed such unpaid balance , fix the date on which Work will be resumed . CON - CONTRACTOR shall pay the difference to OWNER . TRACTOR shall resume the Work on the date so Such claims , costs , losses , and damages incurred by fixed . CONTRACTOR shall be allowed an adjustment OWNER will be reviewed by ENGINEER as to their in the Contract Price or an extension of the Contract reasonableness and , when so approved by Times , or both , directly attributable to any such ENGINEER , incorporated in a Change Order. When suspension if CONTRACTOR makes a Claim therefor exercising any rights or remedies under this as provided in paragraph 10 . 05 . paragraph OWNER shall not be required to obtain the lowest price for the Work performed . 15 . 02 OWNER May Terminate for Cause C . Where CONTRACTOR 's services have been A. The occurrence of any one or more of the so terminated by OWNER , the termination will not following events will justify termination for cause : affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter 1 . CONTRACTOR' s persistent failure accrue . Any retention or payment of moneys due to perform the Work in accordance with the CONTRACTOR by OWNER will not release CON - Contract Documents ( including , but not limited TRACTOR from liability . to , failure to supply sufficient skilled workers or suitable materials or equipment or failure to 15 . 03 OWNER May Terminate For Convenience adhere to the progress schedule established under paragraph 2 . 07 as adjusted from time to A. Upon seven days written notice to CON - time pursuant to paragraph 6 . 04 ) ; TRACTOR and ENGINEER , OWNER may, without cause and without prejudice to any other right or 2 . CONTRACTOR ' s disregard of Laws remedy of OWNER , elect to terminate the Contract. or Regulations of any public body having In such case , CONTRACTOR shall be paid (without jurisdiction ; duplication of any items) : 00700 - General Conditions. doc 00700 - 43 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc 1 . for completed and acceptable Work or Contract Times or otherwise for expenses or executed in accordance with the Contract damage directly attributable to CONTRACTOR ' s Documents prior to the effective date of stopping the Work as permitted by this paragraph . termination , including fair and reasonable sums for overhead and profit on such Work ; 2 . for expenses sustained prior to the ARTICLE 16 - DISPUTE RESOLUTION effective date of termination in performing services and , furnishing labor , materials or 16 . 01 Methods and Procedures equipment as required by the Contract Documents in connection with uncompleted A . Dispute resolution methods and procedures , if Work , plus fair and reasonable sums for any , shall be as set forth in the Supplementary overhead and profit on such expenses ; Conditions . If no method and procedure has been set 9 . 09 3 . for all claims , costs , losses , and aond ons 10 05 , OWNER, and subject to thepandsl CONf paragraphs may TRACTOR may damages ( including but not limited to all fees exercise such rights or remedies as either may and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by and other professionals and all court or Laws or Regulations in respect of any dispute . arbitration or other dispute resolution costs ) in - curred in settlement of terminated contracts with Subcontractors , Suppliers , and others ; and ARTICLE 17 - MISCELLANEOUS 4 . for reasonable expenses directly attributable to termination . 17 . 01 Giving Notice B . CONTRACTOR shall not be paid on account A . Whenever any provision of the Contract of loss of anticipated profits or revenue or other eco- Documents requires the giving of written notice , it will nomic loss arising out of or resulting from such be deemed to have been validly given if delivered in termination . person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , 15 . 04 CONTRACTOR May Stop Work or or if delivered at or sent by registered or certified mail , Terminate postage prepaid , to the last business address known A. If, through no act or fault of CONTRACTOR , to the giver of the notice . the Work is suspended for more than 90 consecutive 17 . 02 Computation of Times days by OWNER or under an order of court or other public authority , or ENGINEER fails to act on any A . When any period of time is referred to in the Application for Payment within 30 days after it is Contract Documents by days , it will be computed to submitted , or OWNER fails for 30 days to pay CON - exclude the first and include the last day of such TRACTOR any sum finally determined to be due , then period . If the last day of any such period falls on a CONTRACTOR may , upon seven days written notice Saturday or Sunday or on a day made a legal holiday to OWNER and ENGINEER , and provided OWNER by the law of the applicable jurisdiction , such day will or ENGINEER do not remedy such suspension or be omitted from the computation , failure within that time , terminate the Contract and recover from OWNER payment on the same terms as 17 . 03 Cumulative Remedies provided in paragraph 15 . 03 . In lieu of terminating the Contract and without prejudice to any other right or A . The duties and obligations imposed by these remedy , if ENGINEER has failed to act on an General Conditions and the rights and remedies avail - Application for Payment within 30 days after it is able hereunder to the parties hereto are in addition to , submitted , or OWNER has failed for 30 days to pay and are not to be construed in any way as a limitation CONTRACTOR any sum finally determined to be due , of, any rights and remedies available to any or all of CONTRACTOR may, seven days after written notice them which are otherwise imposed or available by to OWNER and ENGINEER , stop the Work until Laws or Regulations , by special warranty or payment is made of all such amounts due guarantee , or by other provisions of the Contract CONTRACTOR , including interest thereon . The Documents , and the provisions of this paragraph will provisions of this paragraph 15 . 04 are not intended to be as effective as if repeated specifically in the preclude CONTRACTOR from making a Claim under Contract Documents in connection with each paragraph 10 . 05 for an adjustment in Contract Price 00700 - 44 00700 - General Conditions. doc FAEngireering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00700 - General Conditions. doc particular duty , obligation , right , and remedy to which they apply . 17 . 04 Survival of Obligations A. All representations , indemnifications , warran - ties , and guarantees made in , required by , or given in accordance with the Contract Documents , as well as _ . all continuing obligations indicated in the Contract Documents , will survive final payment , completion , and acceptance of the Work or termination or comple- tion of the Agreement . 17 . 05 Controlling Law A . This Contract is to be governed by the law of the state in which the Project is located . 00700 - General Conditions. doc 00700 - 45 FAEngineering\Land Development PermitslQuail Creek PD\Bid-Contract Documents=700 - General Conditions. doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC — 1 . 01 Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 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 Acceptance of Bonds and Insurance SC — 5 . 09 Labor ; Working Hours SC — 6 . 02 Concerning Subcontractors , Suppliers and Others SC — 6 . 06 Permits SC — 6 . 08 Taxes SC — 6 . 10 Test and Inspections SC — 13 . 03 OWNER May Stop the Work SC — 13 . 05 Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 Miscellaneous SC — 17 . 00 00800- i 00800 - Supplementary Conditions . doc 00800 iF :\Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00800 - Supplementary Conditions . doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC - 1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910 - 8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below . All provisions , which are not so amended or supplemented , remain in full force and effect . The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC - 1 . 01 Defined Terms SC - 1 . 01 . A . 8 Bonds — Replace the Phase " Performance and Payment " with the Phrase " Public Construction " . SCA . 01 . A . 20 Engineer' s Consultant — MBV Engineering , Inc . SC -2 . 05 Before Starting Construction SC -2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place : C . Evidence of Insurance : CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 , SC - 2 . 06 Preconstruction Conference SC - 2 . 06 Delete paragraph GC- 2. 06. A in its entirety and insert the following paragraph in its place : A . Immediately after awarding the contract , but before the CONTRACTOR begins work , the Engineer will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2 . 05 . 13 , procedures for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . SC - 3 . 06 Coordination of Plans , Specifications , and Special Provisions SC - 3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 05: SC - 3 . 06 Coordination of Plans, Specifications, and Special Provisions A . In case of discrepancy , the governing order of the documents shall be as follows : 1 . Written Interpretations 2 Addenda 3 . Specifications 4 , Supplementary Conditions to the General Conditions 5 , General Conditions 6 , Approved Shop Drawings 00800- 1 00800 - Supplementary Conditions . doc 00800 1 FAEngineering\Land Development PermitslQuail Creek PD\Bid-Contract Documents100800 - Supplementary Conditions. doc 7 . Drawings 8 , Referenced Standards . B . Written /computed dimensions shall govern over scaled dimensions . 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: A . Within ten ( 10 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100 % of the Contract Price . 1 . In lieu of the Public Construction Bond , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check , cashier' s check , irrevocable letter of credit or a security as listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made 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 bond shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded . The CONTRACTOR shall pay all costs . SC -5 . 03 Certificates of Insurance SC - 5 . 03 Delete the second sentence of paragraph GC- 5. 03 in its entirety. SC - 5 . 04 CONTRACTOR ' s Liability Insurance SC - 5 . 04 Add the following new paragraphs immediately after paragraph GC- 5. 04 . B : C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker' s Compensation : To meet statutory limits in compliance with the Worker ' s Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident , $ 500 , 000 disease ( policy limit) and $ 100 , 000 disease (each employee ) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee ( s ) of the CONTRACTOR . 2 . Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations 00800-2 00800 - Supplementary Conditions . doc 00800 2FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00800 - Supplementary Conditions. doc c . Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for : a . Owner Autos b . Hired Autos C , Non - Owned Autos . 4 . CONTRACTOR ' s "All Risk " Insurance : CONTRACTOR shall secure Builders ' Risk " All Risk " insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement " forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER ' s Risk Manager for review and approval . 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 . Insurer must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best ' s Rating . D . Additional Insureds : 1 . In addition to " Indian River County , Florida , " the following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR ' S liability insurance policies : a . NONE b . C , SC = 5 . 05 OWNER ' s Liability Insurance SC - 5 . 05 Delete paragraph GC- 5. 05. A in its entirety. 00800-3 00800 - Supplementary Conditions . doc 00800 3F:\ Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00800 - Supplementary Conditions . doc SC - 5 . 06 Property Insurance SC -5 . 06 Delete paragraphs GC-5. 06. A , 8, and C in their entirety and insert the following paragraphs in their place : A . CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER ' s Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder' s Risk "All Risk " or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . 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 ) ; 40 cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 5 , allow for partial utilization of the Work by OWNER ; 6 . include testing and startup ; and 7 . be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self- insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC - 5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . SC - 5 . 06 . E Delete paragraph GC- 5. 06. E in its entirety and insert the following in its place : E . Additional Insureds : 1 . The following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR ' s property insurance policies : a . Indian River County , Florida b . NONE c . 00800-4 00800 - Supplementary Conditions . doc 00800 4FAEngineedng\Land Development PermitslQuail Creek PD\Bid-Contract Documents100800 - Supplementary Conditions .doc 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 Acceptance of Bonds and Insurance ; Option to Replace SC- 5. 09 Delete GC- 5. 09 (paragraph A) in its entirety. SC - 6 . 02 Labor ; Working Hours SC - 6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC- 6. 02. 8 : 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year' s Day , Good Friday , Memorial Day , Independence Day , Labor Day , Veterans Day , Thanksgiving Day , Friday after Thanksgiving , Christmas Eve and Christmas Day . Working on these days will not be permitted without prior written permission and approval from the Engineer . 3 , The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week , even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER ' s employees and costs of ENGINEER ' s Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 7 p . m . except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC - 6 . 06 . C . Add the following sentence at the end of paragraph GC- 6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor , Supplier , or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor , Supplier, or other individual or entity . SC -6 . 08 Permits SC - 6 . 08 Add the following paragraph immediately after paragraph GC- 6. 08. A : B . 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 00800-5 00800 - Supplementary Conditions . doc 00800 5FAEngineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\00800 - Supplementary Conditions . doc which the work is most closely associated with . SCA 103 Test and Inspections SC - 13 . 03 . 6 . Delete paragraph GC43. 03 . B in its entirety, and insert the following sentences in its place .- B , lace :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 backcharge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below ; 2 , costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 6 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 * tests otherwise specifically provided in the Contract Documents . 13 . 05 OWNER May Stop the Work SC - 13 . 05 . A . Delete paragraph GC43. 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 . B . 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 00800-6 00800 - supplementary Conditions . doc 00800 6FAEngineeringTand Development Permits\Quail Creek PD\Bid-Contract Documents\00800 - Supplementary Conditions. doc SC - 14 . 02 . 6 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. B. 5: e . OWNER has been required to pay ENGINEER or ENGINEER ' s Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . SC - 14 . 02 . C . 1 . Delete paragraph GC44 . 02. C. I 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 218 . 70 F . S . SC - 14 . 04A . After the third sentence in paragraph GC44. 04A of the General Conditions, delete the remainder of paragraph 14 . 04A in its entirety and replace with the following: " If Engineer considers the Work substantially complete , Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735 ( 7 ) ( x ) (2005) , upon receipt of the tentative certificate of Substantial Completion from Engineer , the Owner, the Engineer, and the Contractor shall conduct a walk -through inspection of the Project to document a list of any items required to render the Work on the Project complete , satisfactory , and acceptable under this Agreement ( herein the " Statutory List " ) . The Statutory List shall be reduced to writing and circulated among the Owner , the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion . The Owner and Contractor acknowledge and agree that : 1 ) the failure to include any corrective work , or pending items that are not yet completed , on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement ; 2 ) upon completion of all items on the Statutory List , the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement ; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement . After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk -through in anticipation of final completion on the Project . " SC - 14 . 04B Add the following new paragraph immediately after paragraph GC 14 . 04B : C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security , operation , safety , and protection of the Work , maintenance , heat , utilities , insurance , and warranties and guarantees . SC - 14 . 07C Delete paragraph GC - 14 . 07C in its entirety and insert the following in its place : 00800-7 00800 - Supplementary Conditions . doc 00800 7FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\00800 - Supplementary Conditions. doe C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act 218 . 70 F . S . 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 . The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . SC - 17 Miscellaneous Add the following new paragraphs immediately after paragraph GC 17. 05: SC - 17 . 06 Liens A . This project is a " Public Works " under Chapter 255 , Florida Statutes . No merchant ' s liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract . The claimant shall have a right of action 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 + + 00800-8 00800 - supplementary Conditions . doc 00800 8FAEngineeringlLand Development PermitslQuail Creek PD\Bid-Contract Documents100800 - Supplementary Conditions. doc SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR : Project No . : 200402019645291 Project : Quail Creek Subdivision Bid No . : 2011012 ENGINEER : Indian River County You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order : Attachments : ( List documents supporting change ) CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time : ( days or dates ) Substantial Completion : Final Completion : Net increase ( decrease ) from $ Net change from previous Change previous Change Orders No . Orders No . to ( days ) to Substantial Completion : Final Completion : Contract Price prior to this $ Contract Time prior to this Change Change Order : Order : ( days or dates ) Substantial Completion : Final Completion : Net increase ( decrease ) of this $ Net increase ( decrease ) this Change Order : Change Order : ( days or dates ) Substantial Completion : Final Completion : Contract Price with all approved $ Contract Time with all approved Change Orders : Change Orders : ( 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 � : \Engineering\Land Development PermitslQuail Creek PD\Bid-Contract Documents\00942 - Change Order Form REV 04-07 . doc Rev. 05101 SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR : Project No . : 200402019645291 Project : Quail Creek Subdivision Bid No . : 2011012 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 FAEngineering1and Development PermitslQuail Creek PDIBid - Contract Documents100946 - Field Order Form REV 04-07 . doc SECTION 00948 - Work Change Directive No , EFFECTIVE DATE : DATE OF ISSUANCE : OWNER : Indian River County CONTRACTOR : Project No . : 200402019645291 Project : Quail Creek Subdivision Bid No . : 2011012 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 n Unit Prices F] Contractor' s Records II Lump Sum II Engineer' s Records n Other: II Other : n 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 . RECOMMENDED : AUTHORIZED : By : By : ENGINEER ( Authorized Signature ) OWNER (Authorized Signature ) Date : Date : * * END OF SECTION FAEngineeringTand Development PermitslQuail Creek PD\Bid - Contract Documents100948 - Work Change Directive . doc DIVISION 1 GENERAL REQUIREMENTS F : \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\DIVISION 1 Cover Sheet . doc DIVISION 1 GENERAL REQUIREMENTS TI_ 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 F : \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\DIVISION 1 GENERAL REQUIREMENTS . doc SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . 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 . 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 . D . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner , or verify in writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate owner ten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the work site . Adjacent property owners at time of bidding are listed below . 01009- 1 01009-Special Provisions FAEngineering \Land Development Permits\Quail Creek PDIBid -Contract Documents101009 - Special Provisions JW . doc SECTION 01024 FORCE ACCOUNT 1 . 1 General CONTRACTOR shall furnish all labor , material , 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 . CONTRACTOR shall identify any unforeseen work to OWNER and obtain authorization prior to commencing on such . 1 . 2 PAYMENT A . Lump sum amount for Force Account work is included in the bid schedule . The value of Force Account work will be determined in accordance with Article 12 of the General Conditions . + + END OF SECTION + + 01024 - 1 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\01024 - Force Account. doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor . Be Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . Co Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work . D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . F . Safeguard all points , stakes , grademarks , monuments and benchmarks made or established on the Work , and reestablish same , if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR . Do no excavation or embankment work until all cross - sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental . No separate payment will be made for surveying or engineering . 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A . Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR Is acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . 1050 - 1 01050 Field Engineering = :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\01050 - Field Engineering .doc Be 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 Surveyor and Mapper , at the CONTRACTOR ' s 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 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5 - 7 of FDOT Standard Specifications . + + END OF SECTION + + 1050 -2 01050 Field Engineering F : \Engineering\Land Development Permits\Quail Creek PD1Bid-Contract Documents101050 - Field Engineering .doc SECTION 01091 REFERENCE STANDARDS 1 . 1 GENERAL A . Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization or body , it shall be construed to mean the latest standard , code , specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or when applicable laws , ordinances , rules , regulations or codes establish stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full . B . Reference to a technical society , organization , or body may be made in the Specifications by abbreviations , in accordance with the following list : AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards FAEngineering\Land Development PermitslQuail Creek PD1Bid -Contract Documents101091 - Reference Standards . doc CRSI Concrete Reinforcing Steel Institute FDEP / DEP Florida Department of Environmental Protection DNR Department of Natural Resources IRFWCD Indian River Farms Water Control District NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute 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 Co 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 FAEngineering1and Development PermitslQuail Creek PD\ Bid - Contract Documents\01091 - Reference Standards . doc SECTION 01215 GENERAL QUALITY CONTROL 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Specific quality control requirements for the work are indicated throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term " Quality Control " includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A . Residual OWNER Responsibility : The OWNER may employ and pay for the services of independent testing laboratories to perform those required inspections and tests . Be 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 FAEngineering\ Land Development Permits\Quail Creek PD1Bid - Contract Documents101215 - General Quality . doc storage at the project site prior to installation . 1 . 5 PROJECT PHOTOGRAPHS/VIDEOS A . The CONTRACTOR shall make provisions , at his expense , for video tapes of all work areas just prior to construction , and for unusual conditions during construction . The videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . B . Pre - Construction Video : 1 . Contractor shall provide the Owner with a video record and one copy of the existing conditions prior to construction . This video shall be a standard VHS cassette format , and shall be narrated . 2 . The video shall include , but not be limited to , the following items shown in a clear manner : a) All existing features within the right- of- way . b ) All existing features within the temporary construction easement . c ) All existing features within permanent easements . d) All existing features adjacent to any construction . 3 . Detail of the video shall be such that the following examples shall be clear and visible : a) Cracks in walls . b ) Condition of fencing . c ) Condition of planted areas and types of vegetation . d) Condition of sodded areas . e ) Conditions of sprinkler systems and associated controls and wiring . f) Condition of signs . g) Conditions of lighting and associated wiring . h) Significant detail of any pre - existing damages physical features shall be shown . The coverage of the video should include the limits of effects of the use of vibratory rollers . i ) This 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 . j ) Payment — No additional payment will be made for this work . + + END OF SECTION + + 01215 -2 01215 General Quality Control FAEngineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\01215 - General Quality. doc SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . Be Place : CONTRACTOR ' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR Be SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER D , OWNER ' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders . 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off- site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220 - 1 01220 Progress Meetings F :\Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\01220 - Progress Meetings JW . doc SECTION 01310 CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR ' s schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised ( updated ) progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . B . Show changes occurring since the previous submission listing : 1 . Major changes in scope . 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt . If required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for payment . 01310- 1 01310 Construction Schedule FAEngineering1and Development Permits\Quail Creek PD1Bid - Contract Documents101310 - Construction Schedule JW . doc 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions ( updated ) to : 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER ( two copies ) . 5 . ENGINEER Be In the cover letter , instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . + + END OF SECTION + + 01310 -2 01310 Construction Schedule FAEngineering\ Land Development Permits\Quail Creek PD\Bid - Contract Documents\01310 - Construction Schedule Mdoc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES 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 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 . Be 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 . Be Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project . C . Clearly mark catalog sheets , brochures , etc . , to identify pertinent materials , products , or models . 1 . 4 SAMPLES Samples are physical examples to illustrate materials , equipment , or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Article 6 . 17 , Section 00700 . 01340 - Submittal of Shop Drawings . doc 01340 - 1 FAEngineering\Land Development Permits\Quail Creek PD\ Bid -Contract Documents\01340 - Submittal of Shop Drawings . doc 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 ' 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 :\Engineering\Land Development Permits\Quail Creek PD\ Bid-Contract Documents\01340 - Submittal of Shop Drawings . doc 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER ' S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Engineering Jack Jolly , P . E . Engineering Division 1801 27th Street Vero Beach , FL 32960 B . A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . Indian River County 2 . Quail Creek Subdivision 3 . 2011012 4 . Transmittal Number 5 . Section Number D . All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings . doc 01340 - 3 F :\ Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\01340 - Submittal of Shop Drawings . doc CONTRACTOR SUBMITTALS SUBMITTAL NO , Contractor : Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re - Submittal ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description : Sub - Contractor : Remarks : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Reviewing Agency : (As checked below ) Date Received Date Returned No . Copies Ret ' d ❑ I R C Engineering Div . ❑ I R C Utilities Services Remarks : IRC EngineeringDivision Date Recd 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 FAEngineering\Land Development Permits\Quail Creek PD16id -Contract Documents101340 - Submittal of Shop Drawings . doc E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix " B " for the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six ( 6 ) copies of all submittals that are on 11 - inch by 17 - inch or smaller sheets ( no less than 8 1 /2 - inch x 11 - inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 ,, inch by 17 - inch . H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations : 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 . Not Approved I . If a submittal is acceptable , it will be marked "Approved " or " Approved as Corrected " . Three ( 3 ) prints or copies of the submittal will be returned to CONTRACTOR . J . Upon return of a submittal marked " Approved " or " Approved as Corrected " , CONTRACTOR may order , ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . K . If a Shop Drawing marked " Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , " Approved as Corrected - Resubmit . " L . If a submittal is unacceptable , three ( 3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . " Revise and Resubmit " 2 . " Not Approved " 01340 - Submittal of Shop Drawings . doc 01340 -5 FAEngineering\ Land Development Permits\Quail Creek PDOid -Contract Documents101340 - Submittal of Shop Drawings . doc 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 . w + + END OF SECTION + + 01340 - Submittal of Shop Drawings . doc 01340- 6 F : \Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\01340 - Submittal of Shop Drawings . doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . Be 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 : 1Engineering \Land Development Permits\Quail Creek PD16id - Contract Documents101520 - Construction Facilities . doc Be TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather , spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + 01520-2 F : 1Engineering \Land Development Permits\Quail Creek PD1Bid-Contract Documents101520 - 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 . Access to and from the north entrance through Paladin Place II shall be prohibited during the length of construction through the use of barricades or other physical limitations under 1 . 2 below . Be 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 01541 - 1 FAEngineering1and Development Permits\Quail Creek PDIBid-Contract Documents101541 - Protection of Property. doc 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 ' s responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 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 which may be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two ( 2 ) days . 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 , 01541 -2 FAEngineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents101541 - Protection of Property. doc electrical conduits , tunnels and other existing subsurface work located within or adjacent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water , sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR ' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR ' s failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR Is operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility , contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . Provide 48 hours minimum notice to all utility companies prior to begin - ning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/ restore utility service to the satisfaction of the appropriate utility . Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , the CONTRACTOR shall notify the owner or occupant , both before the interruption ( 24 - hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR shall obtain permission from their owner , or shall make suitable arrangement for their disconnection by their owner . 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an 01541 -3 FAEngineering1and Development Permits\Quail Creek PDIBid-Contract Documents101541 - Protection of Property. doc 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 . Be 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 facilities that are visible above the ground surface . C . Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury , all underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully , and as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work . CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work , to the satisfaction of the OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR ' S expense . 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may be encountered , whether or not shown on the Drawings . 01541 -4 FAEngineering1and Development Permits\Quail Creek PD1Bid-Contract Documents101541 - Protection of Property . doc . Be Information shown on the Drawings as to the location of existingutilities 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 . Be The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + 01541 -5 FAEngineering1and Development PermitslQuail Creek PD1Bid-Contract Documents101541 - Protection of Property. doc SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 1 . 1 GENERAL A . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions . 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 . 01550 Access Roads 01550- 1 F : IEngineering\Land Development Permits\Quail Creek PD1Bid -Contract Documents101550 - Access Roads . doc B . All trucks carrying earth shall be covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two ( 2 ) written warnings , after which the CONTRACTOR shall pay a fine of $ 50 per uncovered truck to the Owner when invoked by the Owner to Owner ' s Engineer . All cleanup shall be the responsibility of the CONTRACTOR . C . All trucks/ moving equipment shall have backup warning horns in proper working order while on the job site . + + END OF SECTION + + 01550 Access Roads 01550-2 F : IEngineering \ Land Development Permits\Quail Creek PD1Bid - Contract Documents101550 - Access Roads . doc SECTION 01610 TRANSPORATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER ' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . 01610 - 1 FAEngineering\ Land Development Permits\Quail Creek PD1Bid-Contract Documents101610 - Transportation and Handling of Materials and Equipment . doc F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly . G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging . B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment . + + END OF SECTION + + 01610 -2 FAEngineering \ Land Development Permits\Quail Creek PD1Bid - Contract Documents101610 - 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 . Be Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F :1Engineering\Land Development PermitslQuail Creek PD1Bid -Contract Documents101611 - Storage of Materials . doc Elm 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 ' s option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitu - tion 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 . 01630 - 1 01630 Substitutions FAEngineeringlLand Development Permits\Quail Creek PDIBid - Contract Documents101630 - Substitutions . doc b . Manufacturer' s literature with product description , performance and test data , and reference standards . 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 determined 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 FAEngineering\ Land Development Permits\Quail Creek PD1Bid- Contract Documents101630 - Substitutions . doc 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR ' s expense additional data about the proposed substitute . H . Any redesign of structural members shall be performed by , and the plans signed and sealed by , a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR ' s expense . Any redesign will require an extensive review by the Engineer . The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner ' s Engineer proceeding with the design review . The ENGINEER ' s hourly rate for review is $ 125 per hour . The ENGINEER ' s estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request . 1 . 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 used , 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 FAEngineering \ Land Development Permits\Quail Creek PDIBid - Contract Documents101630 - 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 . Site for purpose of this section is defined as work area and any disturbed areas in performance of work . All disturbed areas shall be stabilized as identified on the plans or otherwise determined . 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 . Be 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 . 01710 Site Cleanup 01710- 1 FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\01710 - Site Cleanup . doc 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 . G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer . Follow the manufacturer' s directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and /or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710-2 FAEngineering1and Development Permits\Quail Creek PD\Bid -Contract Documents101710 - Site Cleanup . doc DIVISION 2 TECHNICAL PROVISIONS - 1 - F :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc DIVISION 2 - TECHNICAL PROVISIONS STANDARD SPECIFICATIONS Section No . Title 1 MOBILIZATION 2 FDEP NOI PERMIT 3 MAINTENANCE OF TRAFFIC 4 SURVEY LAYOUT 5 FLOATING TURBITY BARRIER , TYPE 1 6 STAKED SILT FENCE 7 CATCH BASIN PROTECTION 8 CLEARING AND GRUBBING 9 MOWING 10 EMBANKMENT WITH ON - SITE MATERIAL 11 EXCAVATION 12 SOIL REMOVAL IN GRAYSEN SQUARE ROADWAY 13 GRADE AND REPAIR CATCH BASIN DS - 5 AREA 14 GRADE AND REPAIR CATCH BASIN DS - 23 AREA AND SWALE REALIGNMENT 15 DEMOLISH AND REMOVE PORTIONS OF SIDEWALK 16 CONCRETE SIDEWALK — 81St STREET 17 CURB RAMP DETECTABLE WARNING 18 ASPHALT REPAIR 19 OUTFALL STRUCTURE ( DS - 1 ) REPAIR 20 TYPE 3 OBJECT MARKER ( OM - 3R ) 21 TEMPORARY PAVEMENT MARKING 22 WHITE THERMOPLASTIC TRAFFIC STRIPE 23 YELLOW THERMOPLASTIC TRAFFIC STRIPE 24 MAGNETIC STARTER FOR 10 HP IRRIGATION WELL PUMP 25 LARGE FLOAT FOR LAKE SUCTION LINE 26 IRRIGATION SYSTEM 27 CANOPY TREE * 28 UNDER STORY TREE 29 HEDGE/SHRUB 30 HYDRO SEED 31 SOD 32 REFLECTIVE PAVEMENT MARKER ( RPM ) WHITE 33 FIRE HYDRANT PAINTING/MAINTENANCE 34 REPAINT FIRE AND WATER VALVE BOX LID 35 CLEAN AND TV INSPECTION OF GRAVITY SEWER SYSTEM 36 REGROUT SEWER MANHOLD RING 37 REFORM SEWER MANHOLD FLOW CHANNEL 38 EMBANKMENT WITH OFF - SITE MATERIAL 39 CONCRETE SIDEWALK — INTERNAL ROADS - 2 - F :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10. doc TECHNICAL PROVISIONS STANDARD SPECIFICATIONS All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , current edition , and Supplements thereto as noted in the Special Provisions and addenda thereto , except as modified and supplemented herein - after. Reference to Article numbers herein - after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specification 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 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 . 1 . MOBILIZATION A . Perform preparatory work and operations in mobilizing for beginning work on the project , including , but not limited to , those operations necessary for the movement of personnel , equipment , supplies , and incidentals to the project site and for the establishment of temporary offices , buildings , safety equipment and first aid supplies , and sanitary and other facilities . Include the costs of bonds and any required insurance and any other preconstruction expense necessary for the start of the work , excluding the cost of construction materials . B . Payment shall be made under: Mobilization - Lump Sum 2 . FDEP NOI PERMIT A . There are existing permits for this project . Per paragraph GC -6 . 08 of the General Conditions , the CONTRACTOR shall apply for , obtain , and pay for all other required permits and licenses . This may include but not be limited to : 1 . The State of Florida Generic Permit for Stormwater Discharge from Large and Small Construction Activities . 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/ n Ades B . Provide copies of all permits to the OWNER and ENGINEER at or prior to the preconstruction conference 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 . Payment shall be made under : FDEP NOI Permit — Lump Sum - 3 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10. doc 3 . MAINTENANCE OF TRAFFIC A . General : Work under this section consists of maintaining traffic along 81St Street adjacent to the project for the duration of construction in accordance with the U . S . Department of Transportation ' s Manual on Uniform Traffic Control Devices ( MUTCD ) current edition , FDOT Index 600 Series and FDOT Standard Specification Section 102 . The purpose of the Traffic Control Plan is to depict the concept of feasible construction sequencing and maintenance of traffic . The Contractor may submit to the Engineer an alternate plan for review and approval , one week prior to the preconstruction conference . The Traffic Control Plan indicates typical signing , marking and barricade locations and types . Additional details are found in the MUTCD , FDOT Index ( 600 Series ) and Standard Specification . The Contractor shall install only new TCP signs and shall be Engineer grade . Work under this item includes installation of temporary barricades across the north entrance to the subdivision . Temporary barricades to be removed upon completion of all construction under this contract . B . Compensation : All compensation for maintenance of traffic including barricades (Type II ) , Barricades (Type III ) , Temporary Pavement , Off- Duty Police or Sheriff Deputy , Concrete Barrier ( Temporary) and vertical panels boards , shall be lump sum . This shall include all items and services necessary for the safe maintenance of traffic within the area noted . This shall include , but not be limited to , flaggers , construction and advisory signing , detours , temporary retaining systems , embankment , base material , asphaltic concrete , striping , cones , maintenance of pavement , asphaltic concrete curb , stormwater removal , temporary drainage structures and pipe , pumps , commercial material for driveway maintenance , flashing arrow boards , high intensity flashing lights , removable and temporary pavement markings , and temporary reflective pavement markers , temporary pavement , for maintenance of traffic . C . Non - Compliance : Should the Owner or Engineer determine that traffic within the area noted is not being maintained in accordance with the approved traffic control plan or presents a public safety concern , the contractor shall have until the end of the working day , in which notification is given , to take action to modify the maintenance of traffic . Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied . D . Payment shall be made under : Maintenance of Traffic — Lump Sum 4 . SURVEY LAYOUT A . All construction surveying for this project shall be provided as outlined in Section 01050 of the Division 1 — General Requirements of this document . B . Payment shall be made under : Survey Layout — Lump Sum - 4 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10 - 10. doc 5 . FLOATING TURBIDITY BARRIER TYPE 1 PART 1 - GENERAL 1 . 1 SCOPE A . This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area , to undeveloped portions of the site or off- site . Specific locations for the installation of the turbidity barrier are control structure DS - 1 and canal outfall . Additional barriers necessary based on Contractor work processes shall be included in the bid price of these two without additional item compensation . 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 , which in the sole opinion of the OWNER , they are warranted . If the 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 . 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 " of the Florida Erosion and Sediment Control Inspector' s Manual . If there is a conflict between the referenced Chapter 4 and these Specifications , the more stringent requirements shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A . There are existing permits for this project . Per paragraph GC -6 . 08 of the General Conditions , the CONTRACTOR shall apply for, obtain , and pay for all other required permits and licenses . This may include but not be limited to : 1 . Long -term or short-term dewatering permit as required by the St . Johns River Water Management District ( SJRWMD) . Contact SJRWMD at ( 321 ) 984 -4940 to determine which permit is required and the associated statutory requirements ; 2 . The FDEP NOI permit as noted under pay item #2 . - s - FA1EngineeringTand Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 1 O . doc B . Provide copies of all permits to the OWNER and ENGINEER at or prior to the preconstruction conference 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 . 1 . 3 GENERAL A . Do not begin any other construction work until the floating turbidity barriers have been constructed in accordance with these documents and approved for use by the OWNER and applicable permitting authorities . B . CONTRACTOR shall inspect and report on all pollution control in accordance with permit conditions . From time to time , the OWNER or ENGINEER will inspect the turbidity barriers 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 turbidity barriers are 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 turbidity barriers are properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications . C . Schedule construction to minimize erosion and stormwater runoff from the construction site . Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . D . Clean and maintain each pollution control system as required by its manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property , nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable 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 turbidity barriers in accordance with Article 6 . 17 of the General Conditions . 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR DESIGN , INSTALLATION AND MAINTENANCE A . Site -specific design of the erosion and stormwater pollution control system , and installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State certified erosion control specialty subcontractor who specializes in the design , installation , and maintenance of such devices . After installation , this subcontractor shall maintain the erosion and stormwater pollution control devices until the devices are no longer necessary . ( Note : the CONTRACTOR may install and - 6 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10. doc maintain the erosion and stormwater pollution control system under the direction of the State certified erosion control specialty subcontractor . ) Before beginning construction , submit to the ENGINEER for review , a Stormwater Pollution Prevention Plan , prepared by the State certified erosion control subcontractor . The CONTRACTOR shall complete the certification provided at the end of this Section and it shall be a part of the Stormwater Pollution Prevention Plan . 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A . Except as may be defined otherwise in paragraphs 1 . 6 . B , 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 waters or alteration of the chemical , physical , biological , or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property . Pollutants to be removed include but are not limited to , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck washout , construction chemicals , and construction debris . B . When the Discharge is Directly into an Existing Water Body , Pollution Occurs When . . . An existing water body ( including ditches and canals ) is defined to be polluted by the CONTRACTOR ' s operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR ' s discharge point ( s ) is 29 nephelometric turbidity units ( NTUs ) higher than the turbidity of the background water upstream of the discharge point ( s ) . [ See FL Administrative Code 62 - 302 . 530 ] 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 OWNER or ENGINEER 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 29 NTUs for turbidity , then the discharge from the CONTRACTOR ' s operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge is defined to be polluted 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 . B , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the types of conditions in which pollution may be determined to occur . 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A . In addition to the OWNER ' s other remedies listed herein , if the CONTRACTOR fails to comply with this Section and erosion or pollution is caused by dewatering water or stormwater runoff from the construction site , the OWNER will report the violations to the Indian River County Code Enforcement Board , SJRWMD , Indian River Farms Water Control District ( or other F . S . Chapter 298 Drainage District , as appropriate ) , and other pertinent regulatory or enforcement agencies . - 7 - F :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc PART 2 - MATERIALS AND INSTALLATION 2 . 1 GENERAL A . 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 , Removal : Contractor is responsible for disposal of turbidity barriers . 4 . Product : All material shall be new and unused . The turbidity barrier shall be pervious barrier and the fabric color shall be yellow . a . Parker Systems , Inc . ( 1 -866 -472 - 7537 ) , model Type I . b . Or equivalent . PART 3 - EXECUTION A . Design , construct and maintain the turbidity barriers to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities . PART 4 - COMPENSATION A . All payment for the above item shall be made under : Floating Turbidity Barrier Type 1 — Each [The remainder of this page was left blank intentionally] - s - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10 - 10 . doc CONTRACTOR ' S CERTIFICATION REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE ( TO BE MADE PART OF THE STORMWATER POLLUTION PREVENTION PLAN ) 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 or she 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 : QUAIL CREEK SUBDIVISION INDIAN RIVER COUNTY PROJECT # 2004020196 =45291 UNDER PENALTY OF PERJURY , affiant further says that he or she understands and shall comply with , the terms and conditions of the following : 1 . The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities , 2 , The Stormwater Pollution Prevention Plan , 3 , The St , Johns River Water Management District permit , and 4 . All Code and Ordinances of Indian River County . ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this day of , 20 Notary Public State of Florida at Large My Commission expires : - 9 - F :\Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10 - 10 . doc 6 . STAKED SILT FENCE A . Staked Silt Fence : 1 . General : Use silt fences to control runoff from the construction site where the soil will be disturbed . 2 . Installation : Install per FDOT standards and the manufacturer' s recommendations and as specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric . All supporting posts shall be on the down -slope side of the fencing . Place the bottom of the fabric 8- inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Otherwise , install in accordance with FDOT Index No . 102 . 3 , Removal : Contractor is responsible for removal of silt fence upon acceptance of complete stabilization . 4 . Product : All material shall be new and unused . Use FDOT Type 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 6400t 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 . B . All payment for the above item shall be made under : Staked Silt Fence — Per Linear Foot 7 . CATCH BASIN PROTECTION A . Catch Basin Protection : 1 . Filter stormwater before it enters catch basins ( drop inlets ) . The " 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 yellow restraint cord approximately halfway up the sack to keep the sides away from the catch basin walls . The yellow restraint cord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer ' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 , Removal : The Contractor will be responsible for removal of all filtration devices . - 10 - FAEngineeringlLand Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc 4 . Product : All materials shall be new and unused . a . " SILTSACK" ( regular flow) , supplied by AC.F Environmental , Inc . ( 1 - 800 -448 - 3636) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc . ( 1 - 800 - 579- 8819 ) C , Or equivalent . B . All payment for the above item shall be . made under : Catch Basin Protection — Per Each 8 . CLEARING AND GRUBBING A . Payment for Clearing and Grubbing shall include compensation for: The removal and disposal of concrete , sidewalks , curbing , abandoned utilities ( including pipes , cables , conduit and structures ) , existing walls , riprap , various types of fences , septic tanks , drain fields , pump stations , motor boxes , pumps , irrigation apparatus , base material , trimming of trees and shrubs , drainage structures , pipe , backfilling the removal excavations , plus all other items necessary to be removed to construct the project . All non -salvageable materials removed shall remain property of the Contractor unless otherwise directed by the Engineer or Owner. All unwanted materials shall be removed and suitably disposed of by the Contractor outside the project limits . Any salvage value received from the removed materials shall be reflected in the Contractor' s proposal . B . Clear and grub within the entire limits of all areas to be filled except in specific areas designated by the Engineer to remain for aesthetic purposes . C . Existing and temporary asphaltic pavement and excess subsoils shall be disposed of outside the project by the Contractor , at a location and in a manner approved by the Engineer. D . Payment shall be made under: Clearing and Grubbing — Lump Sum 9 . MOWING A . Work performed in this item includes the cutting of all grass , weeds , brush and removal of all trash within the landscape buffers shown on Sheet L1 of the Plans , and the northerly 81St Street right- of-way in front of Quail Creek . Mowing shall also be performed for a radius of no less than five ( 5 ) feet around all fire hydrants and water valve boxes . One mowing operation shall be performed during the early stages of the project and one at the end . B . The cutting of the grass and weeds shall be to a height of approximately three ( 3 ) inches above the surface of the soil and not be allowed to grow higher than twelve ( 12 ) inches above the soil . The width of cutting shall be no less than twenty five ( 25 ) feet for the type ' B ' buffers and less than ten ( 10) feet for the type ` C ' buffer. Grass or weeds uncut by large mowing equipment shall be cut by small equipment . Total approximate area to be mowed is 3 . 3 acres . The area stated herein is for conceptual representation only . Contractor is responsible for verifying the total area and payment will be for each total - 11 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc mowing . Maintenance or additional mowing required as a result of delays in construction on behalf of contractor is the full responsibility of the contractor . C . Payment shall be made under : Mowing — Each 10 , EMBANKMENT WITH OWSITE MATERIAL ( IN PLACE A . The work specified in this item shall conform to Section 120 of the Florida Department of Transportation Specifications for Road and Bridge Construction ( Latest Edition ) relating to fill/embankment and shall be provided as an end product . Included is all work necessary to construct all necessary fills , including compaction of same , normally included in Section 120 - 8 and 120 - 9 . The construction of all earthwork necessary to achieve the final elevations , lines , grades and contours shown on the plans shall be included in this item . No other additional payment will be made for any earthwork or grading . It is estimated that approximately 2 , 457 c . y . of embankment material is available on -site for use in areas to be filled . Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . All earthwork quantities will be paid at the bid quantities . B . Payment shall be made under : Embankment ( In Place ) — Per Cubic Yard 11 . EXCAVATION A . The work specified in this item shall conform to Section 120 of the Florida Department of Transportation Specifications for Road and Bridge Construction ( Latest Edition ) regarding excavation and shall be provided as an end product . This item shall include all excavation within the stormwater tract of all material necessary to achieve the grades , lines and contours as shown on the plans and details . It is estimated that a total excavation of 3 , 402 c . y . is necessary to obtain the design grades and slopes . The material shall be spread on site as necessary . No other additional payment will be made for any excavation . Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . All earthwork quantities will be paid at the bid quantities . B . Payment shall be made under : Excavation — Per Cubic Yard 12 , SOIL REMOVAL IN GRAYSEN SQUARE ROADWAY A . The work specified in this item will include the removal of a dirt ` pad ' and cleaning ( sweeping ) of the material that was installed in the roadway on the western side of the project . The removal will be completed in such a manner as to minimize any damage to the existing curb or pavement . All removed material shall be placed and leveled in the area of the western lots shown to be filled on the plans . - 12 - FA1Engineering\Land Development Permits\Quail Creek PD\Bid -Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc B . Payment shall be made under: Soil Removal in Graysen Square Roadway — Lump Sum 13 . GRADE AND REPAIR CATCH BASIN DS - 5 AREA A . The work specified in this item will include resetting the top of DS - 5 at STA 122 + 17 on 81St Street . All work shall be in accordance with the detail shown for DS - 5 Exhibit "A" detail shown on plan sheet C5 . Grading of the disturbed area ( 2 " below adjacent existing soil surface ) and resodding with like sod shall be included with this item . B . Payment shall be made under : Grade and Repair Catch Basin DS - 5 Area — Lump Sum 14 . GRADE AND REPAIR CATCH BASIN DS -23 AREA AND SWALE REALIGNMENT A . The work specified in this item will include resetting the top of DS - 23 and realigning a portion of the adjacent swale on 81St Street . All work shall be in accordance with the details shown on plan sheet C5 . Realignment of the swale in accordance with the 81st Street plans , grading of the disturbed area ( 2 " below adjacent existing soil surface ) and resodding with like sod shall be included with this item . B . Payment shall be made under : Grade and Repair Catch Basin DS - 23 Area and Swale Realignment — Lump Sum 15 . DEMOLISH AND REMOVE PORTIONS OF SIDEWALK A . The work specified in this item will consist of the demolition and removal of portions of the existing sidewalk along the northerly side of 81St Street . The limits of the demolition and removal are noted on plan sheet C6 . All demolished sidewalk shall be removed from the site and properly disposed of by the contractor . B . Payment shall be made under : Demolish and Remove Portions of Sidewalk — Per Square Yard 16 . CONCRETE SIDEWALK - 81St Street A . The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specification for Road and Bridge Construction ( Latest Edition ) and the plans . Work to include grading and compaction of soil and re - installation of concrete sidewalk along 81 st Street . B . Payment shall be made under : Concrete Sidewalk 81St Street — Per Square Yard - 13 - FAEngineeringTand Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 _ doc 17 . CURB RAMP DETECTABLE WARNING A . The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specification for Road and Bridge Construction ( Latest Edition ) . Work shall include installation of truncated domes at the site entrance on 81 st Street . B . Payment shall be made under : Curb Ramp Detectable Warning — Per Each 18 , ASPHALT REPAIR A . The work specified in this item will consist of the repair of a small portion of deteriorated asphalt pavement at the lot 61 /62 lot line . Work is to include saw cut and removal of affected pavement area plus one ( 1 ) foot in all directions , re - stabilization of the base material and installation of asphalt a minimum of one ( 1 ) inch in thickness . All work shall be completed in accordance with the paving detail shown on plan sheet 7 of 14 . B . Payment shall be made under : Asphalt Repair — Per Square Yard 19 , OUTFALL STRUCTURE ( DS - 1 ) REPAIR A . The work specified in this item shall consist of the adjustment of the existing slot and construction of a brick apron around the grate of the existing discharge control structure . All work to be in accordance with detail shown on plan sheet C5 . B . Payment shall be made under : Outfall Structure ( DS - 1 ) Repair — Lump Sum 20 . TYPE 3 OBJECT MARKER (OM - 3R) A . The work specified in this item shall include the installation of a type 3 object marker on the east face of the power pole at Station 100 + 00 on 81St Street . All work and materials to be in accordance with the latest edition of the Florida Department of Transportation Standard Specification for Road and Bridge Construction . B . Payment shall be made under : Type 3 Object Marker ( OM — 3R ) 21 , TEMPORARY PAVEMENT MARKING A . Work under this item shall include cleaning work area and re - installation of the temporary pavement marking for the westbound gore/transition along 81s' Street in accordance with the details shown on plan sheets 10 of 14 and C- 1 B . Payment shall be made under : Temporary Pavement Marking — Lump Sum - 14 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc 22 . WHITE THERMOPLASTIC TRAFFIC STRIPE A . Work under this item shall include the installation of a 6 " ( 6 ' - 10 ' ) white thermoplastic stripe at the south entrance of Lakes of Sandridge and at the south entrance of Quail Creek in accordance with the details shown on plan sheets 10 of 14 and C - 1 . B . Payment shall be made under : White Thermoplastic Traffic Stripe — Per Linear Foot 23 . YELLOW THERMOPLASTIC TRAFFIC STRIPE A . Work under this item shall include the installation of a 6 " ( 6 ' - 10 ' ) yellow thermoplastic stripe at the south entrance of Quail Creek in accordance with the details shown on plan sheets 10 of 14 and C - 1 . B . Payment shall be made under : Yellow Thermoplastic Traffic Stripe — Per Linear Foot 24 , MAGNETIC STARTER FOR 10 HP IRRIGATION WELL PUMP A . Work under this item shall consist of the removal of the existing 5hp pump relay and the installation of a magnetic starter sized for the existing 10 hp irrigation well pump , all work to be completed by a qualified electrician . B . Payment shall be made under : Magnetic Starter for 10 hp Irrigation Well Pump — Per Each 25 , IRRIGATION SUCTION LINE AND FLOAT A . Work under this item shall include the removal and cleaning of the existing irrigation pump suction line in the lake and the installation of a " goose" sized float . B . Payment shall be made under : Large Float for Lake Suction Line — Per Each 26 . IRRIGATION SYSTEM PART I — GENERAL 1 . DESCRIPTION OF WORK A . Work Included : 1 . The work under this section includes furnishing and installation of materials to upgrade an existing automatic irrigation system and maintaining that system until final completion and acceptance , but not less than 30 days from date of upgrade , and any other work as called for on the plans and in these specifications . The testing and replacement of sprinkler heads as necessary shall also be a part of this item . Any damage to the existing system by contractor during the performance of - 15 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc the defined or undefined operations herein , shall be the sole responsibility of the contractor to repair . 2 . The extent of landscape irrigation system is unknown but believed to be whole . If field conditions or other unforeseen factors warrant that design modifications are necessary , irrigation installer shall notify Engineer immediately . B . Payment shall be made under : Irrigation System — Lump Sum 2 , RELATED WORK A . Site work ( rough grading ) . B . Landscaping ( see landscape specifications ) . 3 . QUALITY ASSURANCE A . Landscape irrigation system upgrades shall only be performed by a firm that is regularly engaged full time in the installation of underground landscape irrigation systems . ( Crews shall be controlled and directed by the job site foreman who is thoroughly familiar with the type of materials being installed and the manufacturer' s recommended methods of installation , and is well versed in reading blueprints . ) B . Design modifications may be made only as necessary to meet field conditions and only as acceptable to Engineer . C . Contractor shall be responsible for verification at the site of all conditions and dimensions shown on the plans prior to commencement of work . D . CODES AND STANDARDS : Work shall comply with the American Society for Testing and Materials (ASTM ) and National Electrical Code . E . REQUIREMENTS OF REGULATORY AGENCIES : Work shall comply with codes , ordinances , and regulations of all governing authorities . 4 . PRODUCT HANDLING : The Contractor shall protect all materials and work against injury from any cause and shall provide and maintain all necessary safeguards for the protection of the public . He shall be liable for any damage or injury to persons or property which may occur as a result of his negligence in the prosecution of the work . 5 . JOB CONDITIONS A . EXISTING CONDITIONS 1 , The County has reason to believe that a functioning irrigation system was installed on this project but the County has no records of this system . It is intended that once the CONTRACTOR has completed the initial mowing off the landscape buffers , replaced irrigation pump starter and float and renewed all defective landscaping the irrigation system will be energized - 1b - FAF.ngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 1 O. doc to determine the integrity of the system . Any and all defects in the existing system will be repaired by the CONTRACTOR and payment will be made from line item . 2 . Should any objectionable materials such as old concrete , bricks or other debris be encountered during the installation operation , they shall be removed form the site by the Contractor . B . SCHEDULING 1 . Irrigation installation shall not begin until rough grades have been established . 2 . Contractor shall be responsible for coordinating his work with all other parties involved with the job . 6 . UTILITIES A . Prior to excavation , verify in the field the location and depth of all new and existing utilities and take property precautions not to damage or disturb such utilities . B . Repair to original condition , new and existing utilities and other work damaged by Contractor' s construction . C . In the case of damages of the irrigation system caused by others , the cost of repairing the work shall be paid by the party causing said damage . 7 . GUARANTEE A . Guarantee workmanship for a period of one year after date of final acceptance . In addition , see to the fulfillment of all manufacturer' s warranties . B . The Contractor shall provide the Owner with a written guarantee stating everything to be covered and any special conditions involved . PART II — PRODUCTS 1 . MATERIALS : Materials and equipment shall be new and shall operate at the manufacturer' s published capacities . A . PIPE : Comply with the following unless otherwise indicated : All PVC pipe shall be 160 PSI , Polyvinyl Chloride ( PVC 1120 ) ASTM - D2241 , Type 1 , NSF approved . B . CROSSINGS : Comply with the following : All crossings under paved areas for water and conduit lines shall be Schedule 40 PVC , ASTM - D1785 , C . PIPE FITTINGS : Comply with the following : For PVC plastic pipe , ASTWD2466 socket fittings with ASTM -A2564 solvent cement . D . SPRINKLER HEADS : Sprinkler heads shall be of the type shown on the drawings . Filter screens shall be included with all spray heads . - 17 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10. doc E . RISERS AND SWING JOINTS : 1 . Risers and swing joints shall be as detailed on the drawings . 2 . Risers for shrub heads shall be Schedule 40 PVC pipe . 3 . PVC Flex connections : Shall be Ag - Products heavy walled flexible PVC pipe or equal . Average length of each connection is referred to on the drawings . Special flex cement shall be utilized for making these connections . F . REMOTE CONTROL VALVES : Valves shall be as specified on the drawings . Use Teflon tape only on threaded connections . G . VALVE BOXES : Valve boxes shall be Ametek VP - 10 or approved equal . Install flush with finish grade as indicated on drawing . H . CONTROL WIRING : All wiring to automatic circuit valves shall be OF - 14 direct burial wire of a different color than the black and white wires used on the 115 volt A . C . power . Wiring from the controller to the valves shall be installed in same trench as the mainline where possible . All splices shall be made with Rain Bird snap-tite connectors , or approved equal . All wire shall be furnished in minimum 2 , 500 ' reels and spliced only at valve or tee locations . I . CONTROLLER : Controller shall be as specified on the drawings . J . PUMP : Shall be a centrifugal , high head type as specified on the drawings . K . STRAINER : Shall be Vu Flo , or approved equal . PART III — EXECUTION 1 . GENERAL : The Contractor shall be responsible for full and complete coverage of all irrigated areas and shall make any necessary adjustments at no additional cost to the Owner . 2 , INSTALLATION A . EXCAVATING AND TRENCHING : 1 . Perform all excavations as required for the installation of the work included under this section , including shoring of earth banks to prevent cave - ins . Restore all surfaces , existing underground installations , etc . , damages or cut as a result of the excavations to their original conditions . 2 . Trenches shall be made wide enough to allow a minimum of 2 inches between parallel pipe lines . The minimum vertical clearance between lines crossing at angles greater than 45 degrees is 1 inch . Trenches for pipe lines shall be made of sufficient depth to provide the minimum cover from finish grade as follows : a ) 16 in , minimum cover over main lines . b ) 16 in , minimum cover over control wires . C) 12 in , minimum cover over lateral lines to heads . - 18 - FA Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10. doc 3 . Keep trenches free of obstruction and debris that could tend to damage pipe and control wires . Remove excess soil from the site and leave grade as it was prior to sprinkler system installation . Piping shall be routed around shrubs , trees , and other permanent obstacles . B . PIPE LINE ASSEMBLY 1 . Install plastic pipe as recommended by the manufacturer and provide for expansion and contraction . Cut plastic pipe square . Remove burrs at cut ends prior to installation so that a smooth unobstructed flow will be obtained . 2 . Install remote control valves at locations no closer than 12 inches to walk edges , buildings and walls . Plastic pipe and fittings shall be solvent welded using solvents and methods as recommended by manufacturer of the pipe , except where screwed connections are required . Pipe and fittings shall be thoroughly cleaned of dirt , dust and moisture before applying solvent with a nonsynthetic bristle brush . Care should be taken not to use an excess amount of solvent , thereby causing a burr or obstruction to form on the inside of the pipe . Allow the joints to set at least 24 hours before applying pressure on PVC pipe . Do not use PVC cement which has begun to gel . Do not attempt to make pipe connections during inclement weather conditions . C . SPRINKLER HEADS : Large gear-driven rotary type shall be installed so that the top is slightly above finish grade . If finish grade has not been established , set the top four inches above grade and lower when finish grades has been achieved . Sprinklers on risers shall be set at elevations so that there is not interruption of the stream from the sprinkler nozzle caused by plant material during the first growing season ( 1 year from date of installation ) . Heads along curbs and walks shall be set flush to within 1 /8 inch and two to four inches away from curb or walk . Adjust heads having an adjustment stem , for the proper radius and throw for the area involved . D . CONTROL WIRES : Shall be installed in a neat and orderly fashion underneath the main and lateral pipes , if possible . Ten - inch loops shall be provided at each valve where control wires are connected . All wires passing under existing or future paving , construction , etc . , shall be encased in plastic pipe as specified , extending at least twelve inches beyond edge of paving or construction . E . TESTING : All main lines shall be hydrostatically tested in the presence of the Owner' s representative at a pressure of 40 psi for a period of time not less than four (4 ) hours , should any leaks be found , they shall be repaired . The line shall then be retested until satisfactory . All lateral lines downstream from the remote control valves shall be visually inspected for leaks . Should any be found , they shall be repaired . The line shall then by retested until satisfactory . F . BACKFILL AND COMPACTING : After system is approved or sections thereof, backfill excavations and trenches with clean soil , free of rubbish . Backfill for all trenches , regardless of the type of pipe covered shall be compacted to a minimum 90 % of its maximum density (AASHTO T- 180) . Dress off all areas to finish grades . - 19 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10. doc G . FINAL ADJUSTMENT : Balance and adjust the irrigation system components for efficient , proper operation . This includes controller synchronization as well as individual settings of control stations . 3 . INSTRUCTIONS : A . LABELS 1 . Number each zone valve box on underside of valve box cover with a black waterproof marker for reference . Numbers shall match the zone numbers on the drawings . 2 . Number each zone valve control wire at the controller with a waterproof marker and tags . Numbers shall match the zone numbers on the drawings . B . MAINTENANCE 1 . Maintain the irrigation system until final acceptance of the work . Maintenance shall include work , materials and replacements necessary to insure a complete properly operating system . 2 . It will be the CONTRACTOR ' S responsibility to maintain the system in working order during the guarantee period , performing necessary minor maintenance , keeping grass from obstructing the sprinkler heads and preventing vandalism and damage during the landscape maintenance operation . 4 . CLEANING : The Contractor shall at all times keep the premises (grounds and pavements) free from accumulations of waste material or rubbish caused by his employees or work . 5 . PAYMENT : Irrigation System — Lump Sum 27 , CANOPY TREE A . Install , establish and maintain landscaping of the types and at the locations shown on the plans . Remove and dispose of any dead , diseased or other existing specimens that are not Florida No , 1 , B . Only use nursery grown plant materials purchased form Florida - based Nurseryman Stock that comply with all required inspection , grading standards and plant regulations in accordance with the latest edition of the Florida Department of Agriculture ' s " Grades and Standards for Nursery Plants . " Unless otherwise specified , minimum grade for all plants is Florida No . 1 or better . All plants must be specified size and grade at the time of delivery to the site and the minimum grade maintained throughout the project construction period and plant establishment period . Use only plants that are true to type and species and insure that the plants not specifically covered by Florida Department of Agriculture ' s " Grades and Standards for Nursery Plants " conform in type and species with the standards and designations in general acceptance by Florida nurseries . Prior to planting , furnish certification to the - 20 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 1 O. doc Engineer that all plant materials have been purchased from Florida based Nurseryman Stock . A minimum of two plants of each species on each shipment must be shipped with tags stating the botanical nomenclature and common name of the plant . Should discrepancies between botanical nomenclature and common name arise , the botanical name will take precedence . Move nursery stock in accordance with all federal and state regulations and accompany each shipment with the required inspection certificates for filing with the Engineer . All watering shall meet the requirements of Section 983 . The use of cypress mulch on the project is prohibited . C . All materials must be available for inspection before installation and will be subject to approval or rejection . Mark proposed planting beds and individual location of trees as shown in the Contract Documents for Engineer' s review , prior to excavation or planting . The Engineer may request to review all construction and maintenance practices before the start of landscaping operations . Make no changes to the layout , materials or any variations of plant materials from the Contract Documents without the Engineer' s written approval . All planting holes and beds must drain sufficiently prior to installing any plants . Immediately notify the Engineer of drainage or percolation problems before plant installation . For installation of the plants as identified in the Contract Documents , comply with the requirements of the Design Standards , Index , No , 544 . Personnel performing these services are under the sole responsibility and supervision of the Contractor and must be competent , experienced and skilled in all aspects of the required landscape installation and establishment practices . D . Begin maintenance of all plants immediately after each planting . Keep all plants watered , fertilized , mulched , pruned and staked and guyed as to assure specified minimum grade of Florida No . 1 throughout the duration of the project construction period and establishment period . During the establishment period , keep the individual planting locations and planting beds free of litter and undesirable vegetation . Ensure that the plants are maintained so that they are healthy , vigorous and undamaged throughout the duration of the project construction period and establishment period . For the duration of the establishment period , operate and maintain in good operating condition , all components of any irrigation system installed in compliance with the Contract Documents . During the establishment period , replace any plants that fall below specified minimum grade . Use replacement plants of the same species , size and planting medium as the plant being replaced and as specified in the Contract Documents . E . Certify monthly to the Owner that the plants have been installed and are being maintained per the Contract Documents . A Registered Landscape Architect or other appropriate certified representative acting as the Contractor' s Landscape Quality Control representative will oversee the establishment period . The Contractor' s Landscape Quality Control representative must perform quarterly inspections of planting areas and submit findings in report form to the County . Information to be included in the inspection report from the Contractor' s Quality Control representative must include as a minimum the following : - Date of inspection - Description of project - 21 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10. doc - Location of inspection - Weather conditions - Condition of plants — identify by species , location and number of plants that no longer meet the specified minimum . Condition of planting beds ( including mulching , mowing , weeding , fertilizing , watering and staking and guying , if applicable ) - Other comments - Signature and seal of Contractor' s Landscape QC representative Submit the certified inspection report to the Owner within seven calendar days after the inspection is performed . Any corrections to the inspection report must be completed and resubmitted within three calendar days after notification by the Owner of a need for corrections . Any deficiencies noted on the inspection report must be corrected within ten days of notification from the County . Periodic random verifications may be performed by the County to ensure the quality of the plant and correctness of the Certified Landscape inspection report . F . Remove from the jobsite any surplus excavated material from plant holes unless otherwise directed by the owner . Surplus is defined as material not needed after installation of plants per Contract Documents . Upon commencement of the plant installation , remove daily all landscape installation debris from the landscape locations described in the Contract Documents . Remove all excess staking and guying materials from the jobsite . G . The Contractor shall be responsible for the proper maintenance , survival and condition of all plants for a period of one year after final acceptance by the Owner . The Engineer may conduct interim inspections of all landscape items during the plant establishment period , as well as the end of the plant establishment period . The Contractor will be responsible for replacing , at no cost to the Owner , all plants found not to meet the minimum specifications within ten days after each inspection . Prior to the end of the establishment period , removed all staking and guying from the project . H . Payment shall be made under : Canopy Tree - Per each 28 . UNDERSTORY TREE A . Install , establish and maintain landscaping of the types and at the locations shown on the plans . Remove and dispose of any dead , diseased or other existing specimens that are not Florida No . 1 . B . Only use nursery grown plant materials purchased form Florida based Nurseryman Stock that comply with all required inspection , grading standards and plant regulations in accordance with the latest edition of the Florida Department of Agriculture ' s " Grades and Standards for Nursery Plants . " Unless otherwise specified , minimum grade for all plants is Florida No . 1 or better. All plants must be specified size and grade at the time of delivery to the site and the minimum grade maintained throughout the project construction period and plant establishment period . - 22 - FAE.' ngineeringTand Development Pen -nits\Quail Creek PD\Bid-Contract DocumentsUECHNICAL PROVISIONS REVISED 10- 10. doc Use only plants that are true to type and species and insure that the plants not specifically covered by Florida Department of Agriculture ' s " Grades and Standards for Nursery Plants " conform in type and species with the standards and designations in general acceptance by Florida nurseries . Prior to planting , furnish certification to the Engineer that all plant materials have been purchased from Florida based Nurseryman Stock . A minimum of two plants of each species on each shipment must be shipped with tags stating the botanical nomenclature and common name of the plant . Should discrepancies between botanical nomenclature and common name arise , the botanical name will take precedence . Move nursery stock in accordance with all federal and state regulations and accompany each shipment with the required inspection certificates for filing with the Engineer . All watering shall meet the requirements of Section 983 . The use of cypress mulch on the project is prohibited . C . All materials must be available for inspection before installation and will be subject to approval or rejection . Mark proposed planting beds and individual location of trees as shown in the Contract Documents for Engineer' s review , prior to excavation or planting . The Engineer may request to review all construction and maintenance practices before the start of landscaping operations . Make no changes to the layout , materials or any variations of plant materials from the Contract Documents without the Engineer' s written approval . All planting holes and beds must drain sufficiently prior to installing any plants . Immediately notify the Engineer of drainage or percolation problems before plant installation . For installation of the plants as identified in the Contract Documents , comply with the requirements of the Design Standards , Index . No , 544 . Personnel performing these services are under the sole responsibility and supervision of the Contractor and must be competent , experienced and skilled in all aspects of the required landscape installation and establishment practices . D . Begin maintenance of all plants immediately after each planting . Keep all plants watered , fertilized , mulched , pruned and staked and guyed as to assure specified minimum grade of Florida No . 1 throughout the duration of the project construction period and establishment period . During the establishment period , keep the individual planting locations and planting beds free of litter and undesirable vegetation . Ensure that the plants are maintained so that they are healthy , vigorous and undamaged throughout the duration of the project construction period and establishment period . For the duration of the establishment period , operate and maintain in good operating condition , all components of any irrigation system installed in compliance with the Contract Documents . During the establishment period , replace any plants that fall below specified minimum grade . Use replacement plants of the same species , size and planting medium as the plant being replaced and as specified in the Contract Documents . E . Certify monthly to the Owner that the plants have been installed and are being maintained per the Contract Documents , A Registered Landscape Architect or other appropriate certified representative acting as the Contractor' s Landscape Quality Control representative will oversee the establishment period . The Contractor' s Landscape Quality Control representative must perform quarterly inspections of planting areas and submit findings in report form to the County . - 23 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc Information to be included in the inspection report from the Contractor' s Quality Control representative must include as a minimum the following : - Date of inspection - Description of project - Location of inspection - Weather conditions - Condition of plants — identify by species , location and number of plants that no longer meet the specified minimum - Condition of planting beds ( including mulching , mowing , weeding , fertilizing , watering and staking and guying , if applicable ) - Other comments - Signature and seal of Contractor' s Landscape QC representative Submit the certified inspection report to the Owner within seven calendar days after the inspection is performed . Any corrections to the inspection report must be completed and resubmitted within three calendar days after notification by the Owner of a need for corrections . Any deficiencies noted on the inspection report must be corrected within ten days of notification from the County . Periodic random verifications may be performed by the County to ensure the quality of the plant and correctness of the Certified Landscape inspection report . F . Remove from the jobsite any surplus excavated material from plant holes unless otherwise directed by the owner . Surplus is defined as material not needed after installation of plants per Contract Documents . Upon commencement of the plant installation , remove daily all landscape installation debris from the landscape locations described in the Contract Documents . Remove all excess staking and guying materials from the jobsite . G . The Contractor shall be responsible for the proper maintenance , survival and condition of all plants for a period of one year after final acceptance by the Owner . The Engineer may conduct interim inspections of all landscape items during the plant establishment period , as well as the end of the plant establishment period . The Contractor will be responsible for replacing , at no cost to the Owner , all plants found not to meet the minimum specifications within ten days after each inspection . Prior to the end of the establishment period , removed all staking and guying from the project . H . Payment shall be made under : Understory Tree - Per each 29 . HEDGE/SHRUB A . Install , establish and maintain landscaping of the types and at the locations shown on the plans . Remove and dispose of any dead , diseased or other existing specimens that are not Florida No , 1 . B . Only use nursery grown plant materials purchased form Florida based Nurseryman Stock that comply with all required inspection , grading standards and plant regulations in accordance with the latest edition of the Florida Department of Agriculture ' s " Grades and Standards for Nursery Plants . " - 24 - FAEngineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc Unless otherwise specified , minimum grade for all plants is Florida No . 1 or better . All plants must be specified size and grade at the time of delivery to the site and the minimum grade maintained throughout the project construction period and plant establishment period . Use only plants that are true to type and species and insure that the plants not specifically covered by Florida Department of Agriculture ' s " Grades and Standards for Nursery Plants " conform in type and species with the standards and designations in general acceptance by Florida nurseries . Prior to planting , furnish certification to the Engineer that all plant materials have been purchased from Florida based Nurseryman Stock . A minimum of two plants of each species on each shipment must be shipped with tags stating the botanical nomenclature and common name of the plant . Should discrepancies between botanical nomenclature and common name arise , the botanical name will take precedence . Move nursery stock in accordance with all federal and state regulations and accompany each shipment with the required inspection certificates for filing with the Engineer . All watering shall meet the requirements of Section 983 . The use of cypress mulch on the project is prohibited . C . All materials must be available for inspection before installation and will be subject to approval or rejection . Mark proposed planting beds and individual location of trees as shown in the Contract Documents for Engineer' s review , prior to excavation or planting . The Engineer may request to review all construction and maintenance practices before the start of landscaping operations . Make no changes to the layout , materials or any variations of plant materials from the Contract Documents without the Engineer' s written approval . All planting holes and beds must drain sufficiently prior to installing any plants . Immediately notify the Engineer of drainage or percolation problems before plant installation . For installation of the plants as identified in the Contract Documents , comply with the requirements of the Design Standards , Index . No . 544 . Personnel performing these services are under the sole responsibility and supervision of the Contractor and must be competent , experienced and skilled in all aspects of the required landscape installation and establishment practices . D . Begin maintenance of all plants immediately after each planting . Keep all plants watered , fertilized , mulched , pruned and staked and guyed as to assure specified minimum grade of Florida No . 1 throughout the duration of the project construction period and establishment period . During the establishment period , keep the individual planting locations and planting beds free of litter and undesirable vegetation . Ensure that the plants are maintained so that they are healthy , vigorous and undamaged throughout the duration of the project construction period and establishment period . For the duration of the establishment period , operate and maintain in good operating condition , all components of any irrigation system installed in compliance with the Contract Documents . During the establishment period , replace any plants that fall below specified minimum grade . Use replacement plants of the same species , size and planting medium as the plant being replaced and as specified in the Contract Documents . E . Certify monthly to the Owner that the plants have been installed and are being maintained per the Contract Documents . A Registered Landscape Architect or other - 2s - F : \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc appropriate certified representative acting as the Contractor' s Landscape Quality Control representative will oversee the establishment period . The Contractor' s Landscape Quality Control representative must perform quarterly inspections of planting areas and submit findings in report form to the County . Information to be included in the inspection report from the Contractor' s Quality Control representative must include as a minimum the following : - Date of inspection - Description of project - Location of inspection - Weather conditions - Condition of plants — identify by species , location and number of plants that no longer meet the specified minimum - Condition of planting beds ( including mulching , mowing , weeding , fertilizing , watering and staking and guying , if applicable ) - Other comments - Signature and seal of Contractor' s Landscape QC representative Submit the certified inspection report to the Owner within seven calendar days after the inspection is performed . Any corrections to the inspection report must be completed and resubmitted within three calendar days after notification by the Owner of a need for corrections . Any deficiencies noted on the inspection report must be corrected within ten days of notification from the County . Periodic random verifications may be performed by the County to ensure the quality of the plant and correctness of the Certified Landscape inspection report . F . Remove from the jobsite any surplus excavated material from plant holes unless otherwise directed by the owner . Surplus is defined as material not needed after installation of plants per Contract Documents . Upon commencement of the plant installation , remove daily all landscape installation debris from the landscape locations described in the Contract Documents . Remove all excess staking and guying materials from the jobsite . G . The Contractor shall be responsible for the proper maintenance , survival and condition of all plants for a period of one year after final acceptance by the Owner . The Engineer may conduct interim inspections of all landscape items during the plant establishment period , as well as the end of the plant establishment period . The Contractor will be responsible for replacing , at no cost to the Owner , all plants found not to meet the minimum specifications within ten days after each inspection . Prior to the end of the establishment period , removed all staking and guying from the project . H . Payment shall be made under : Hedge/ Shrub - Per each 30 . HYDROSEED A . 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 ) and shall include all disturbed areas not shown to be sodded . - 26 - F : \Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc B . BASIS OF PAYMENT : Payment shall be made under : Hydroseed — Per Square Yard 31 . SODDING ( BAHIA ) 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 . Where sodding an area in which previously had established grass the new sod shall be of the same variety as existing (Argentina Bahia or St . Augustine ) . This work shall also include mowing with a mulching mower . B . Work Included : Scope of Work : The work specified in this section consists of the establishing of a stand of grass , within the pond banks , areas adjacent to sidewalks , and other areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required to assure a healthy stand of grass . Fertilize in accordance with the sod supplier' s recommendations . 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 guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer: Commercial fertilizer shall comply with the state fertilizer laws . The numerical designations for fertilizer indicate the minimum percentages ( respectively ) of ( 1 ) total nitrogen , ( 2 ) available phosphoric acid and ( 3 ) water-soluble potash contained in the fertilizer . The chemical designation of the fertilizer shall be 16-4 - 8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal 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 . - 27 - FA ngineeringTand Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 1040 . doc E . 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 . F . Application of Fertilizer : Before applying fertilizer , the soil pH shall be brought to a range of 6 . 0 — 7 . 0 . Fertilize in accordance with sod supplier' s recommendations . Contractor shall apply applications as per manufacturer' s specification . All tickets from bags shall be handed over to the County Inspector . On steep slopes , where the use of a machine for spreading or mixing is not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches . G . 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 sod is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam among 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 sod is placed abutting paved shoulder , the contractor is to ensure that the finished sod elevation is 1 '/2" below paved shoulder . On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . Sodding shall not be performed when weather and soil conditions are , in the Engineer' s opinion , unsuitable for proper results . Sod shall be placed around all structures , equipment pads , etc . H . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer , for optimum results . After being placed , the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter , the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days ( or until final acceptance , which ever is latest ) . I . Maintenance : The Contractor shall , at this 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 . - 2s - F : 1Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc 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 . J . Article 575 - 5 ( Page 669 ) . 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 ( 1 application ) , mowing , disposal of clippings , water , tools , equipment , labor and all other incidentals necessary . . K . Payment shall be made under : Sod — Per Square Yard 32 , REFLECTIVE PAVEMENT MARKER ( RPM ) WHITE A . The work specified in this item shall include the installation of three ( 3 ) reflective pavement markers ( RPM ) at the intersection of Quail Creek Court and Graysen Square and one ( 1 ) RPM at the water line tie - in on Paladin Square . Be Payment shall be made under: Reflective Payment Marker ( RPM ) White - Per Each 33 , FIRE HYDRANT PAINTING / MAINTENANCE A . The work specified in this item shall include the painting and maintenance of the fire hydrants as noted on IRC DUS plan sheet 1 / 1 titled " Quail Creek Utility Punch List" . Be Payment shall be made under : Fire hydrant painting/ maintenance — Per Each 34 , REPAINT FIRE AND WATER VALVE BOX LID A . The work specified in this section shall include the repainting of the fire and water valve box lids as noted on IRC DUS plan sheet 1 / 1 titled " Quail Creek Utility Punch List" . Be Payment shall be made under : Repaint fire and water valve box lid — Per Each 35 . CLEAN AND TV INSPECTION OF GRAVITY SEWER SYSTEM A . The work specified in this item shall include the cleaning and TV inspection of the gravity sewer system as noted on IRC DUS plan sheet 1 / 1 titled " Quail Creek Utility Punch List . " The video tape shall be turned over to the IRC Department of Utility Services at completion . Be Payment shall be made under : Clean and TV inspection of gravity sewer system — Per Linear Foot - 29 - F :'Engineering\Land Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc 36 . REGROUT SEWER MANHOLE RING ( INCLUDES ASPHALT REPAIR ) A . The work specified in this item includes the regrouting of the sewer manhole ring as noted on IRC DUS plan sheet 1 / 1 titled " Quail Creek Utility Punch List" , B . Payment shall be made under : Regrout sewer manhole ring ( includes asphalt repair) — Per Each 37 . REFORM SEWER MANHOLE FLOW CHANNEL A . The work specified in this item shall include reforming the sewer manhole flow channel as noted on IRC DUS plan sheet 1 / 1 titled " Quail Creek Utility Punch List" , B . Payment shall be made under : Reform sewer manhole flow channel — Per Each 38 . EMBANKMENT WITH OFF - SITE MATERIAL ( IN PLACE ) A . The work specified in this item shall conform to Section 120 of the Florida Department of Transportation Specifications for Road and Bridge Construction ( Latest Edition ) relating to fill /embankment and shall be provided as an end product . Included is all work necessary to construct all necessary fills , including compaction of same , normally included in Section 120 - 8 and 120 -9 . The construction of all earthwork necessary to achieve the final elevations , lines , grades and contours shown on the plans shall be included in this item . It is estimated that an additional 945 c . y , of material is to be supplied off-site in addition to that provided on - site to meet the needs of the fill operations . No other additional payment will be made for any earthwork or grading . Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . All earthwork quantities will be paid at the bid quantities . B . Payment shall be made under : Embankment ( in Place ) — Per Cubic Yard 39 . CONCRETE SIDEWALK - INTERNAL ROADS A . The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specification for Road and Bridge Construction ( Latest Edition ) and the plans . Work to include all grading and compaction of soil and installation of concrete sidewalk along the internal roads . The sidewalk shall be installed approximately three ( 3 ) inches above the back of curb . Sidewalk currently exists within Tract B . Any existing sidewalk damaged in the course of work , shall be replaced by the contractor at contractors sole expense . B . Payment shall be made under : Concrete Sidewalk — Per Square Yard + + END OF SECTION + + - 30 - F :\EngineeringTand Development Permits\Quail Creek PD\Bid-Contract Documents\TECHNICAL PROVISIONS REVISED 10- 10 . doc