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Home My WebLink About2012-123A 73 I-- 12. z CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 27th AVENUE MILLING AND RESURFACING ( OSLO ROAD TO S . R . 60 ) BID NO . 2012029 PROJECT NO . 0391 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA GARY C . WHEELER CHAIRMAN PETER D . O ' BRYAN , VICE CHAIRMAN COMMISSIONER BOB SOLARI COMMISSIONER WESLEY S . DAVIS COMMISSIONER JOSEPH E . FLESCHER JOSEPH A . BARD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT ALAN S . POLACKWICH , SR . , COUNTY ATTORNEY CHRISTOPHER R . MORA , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER MICHAEL D . NIXON , P . E . , ROADWAY PRODUCTION MANAGER APfP 0Ni/ FD `. 00001 - Project Title Page - REV 04-07 . doc 00001 - 1 FiPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00001 - Project Title Page - REV 04-07 . doc TABLE OF CONTENTS Section No . Title DIVISION 0 - BIDDING DOCUMENTS , CONTRACT FORMS , AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010 - 1 F . \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW \Admim\Contract Documents\00010 - Table of Contents - REV 04-07 . doc DIVISION 1 = GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS + + END OF TABLE OF CONTENTS + + 00010 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00010 - Table of Contents - REV 04-07 . doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127' Street Vero Beach, Florida 32960 � giVER � r � Telephone : ( 772 ) 567 -8000 FAX : ( 772 ) 770 -5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday , June 13 , 2012 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " 27th Avenue Millinq & Resurfacing (Oslo Road to S . R . 60 " and Bid No . 2012029 ) . Bids should be addressed to Purchasing Division , 1800 27th Street , Vero Beach , Florida 32960 . All bids will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 0391 INDIAN RIVER COUNTY BID NO. 2012029 PROJECT DESCRIPTION: The proposed improvements to 27th Avenue consist of milling and resurfacing both northbound and southbound lanes from Oslo Road to S . R . 60 to include signing and marking of the resurfaced lanes . Also included with the project will be intersection improvements at 27th Avenue and 5th Street S . W . All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Public Works Department/Engineering Division , 1801 27th Street , Vero Beach , Florida , 32960 , ( 772 ) 226- 1283 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $ 75. 00 for each set, which represents cost of printing and handling, which is non-refundable . Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing (a) ircgov . com . All bidders shall submit one ( 1 ) original and one ( 1 ) copy of the Bid Proposal forms provided within the specifications . BID SECURITY must accompany each Bid , and must be in the form of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety , or a certified check or a cashier' s check , drawn on any bank authorized to do business in the State of Florida . Bid Security must be in the sum of not less than Five Percent ( 5 % ) of the total 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 1 F . \Public Works\ENGINEER ING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00100 - Advertisement for Bids REV 04-07 . doc amount of the bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder , Bidder will enter in a Contract with the County and furnish the required 100 % Public Construction Bond within the timeframe set by the County . If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as penalty . Please note that the questionnaire must be filled out completely including the financial statement . The County reserves the right to delay awarding of the Contract for a period of ninety ( 90 ) days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that , in its judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid preparation costs . INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : May 9 , 2012 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building " B" Vero Beach , FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 2 F: \Public Works\ENGINEER ING DIVISION PROJECTS\0391 -27th Ave at 5th St SMAdmim\Contract Documents\00100 - Advertisement for Bids REV 04-07 doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No . - Title P � ARTICLE1 — DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 — COPIES OF BIDDING DOCUMENTS . , I I I I I I I a 0 d a a 0 9 . . . w . . . . . . . . . . m 4 1 m I I I I I I I a m a D a 0 9 0 a & & d m m 0 a 0 w , 1 ARTICLE 3 — QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 — PRE — BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 4 ARTICLE 6 — SITE AND OTHER AREAS . . * 4 w I w I I I I I I I 1 0 a 0 m 0 p 4 1 1 1 1 1 1 1 m 6 m m a 0 0 0 . . . . . . . . 4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA . 0 m a a w I P . . . m . . . . . . t * a a a 0 w w I I I I I I I I d d m & 9 V 4 # 4 0 0 0 0 m m m 0 9 9 4 , 4 ARTICLE8 — BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE9 — CONTRACT TIMES ' ' , 11000011 , " 1 . . . . 4 0 0 0 0 . . . . . . 0 w 0 6 a 4 1 a 0 w 0 0 0 0 . . . . . . 0 0 0 0 0 0 0 0 a a 0 0 a * 0 0 9 m m 0 0 0 , * 6 6 9 0 9 9 . . . . . . . 1 5 ARTICLE 10 — LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 — SUBSTITUTE AND " OR— EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 12 — SUBCONTRACTORS , SUPPLIERS , AND OTHERS . , , , , , , . , . . . . . , . . . . . . . . . 6mmomm ' ' 1111111 6 ARTICLE13 — PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 — BASIS OF BID ; EVALUATION OF BIDS . ' ' " , " * swoop wommowmmbmm ow * mm . . . . . 6 * 046 * 0 . . . . . . . . a & 0 0 a a 4 , 7 ARTICLE15 — SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE17 — OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 8 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 — CONTRACT SECURITY AND INSURANCE . . . . . . . " , , . ' ' . . . . . 9 ARTICLE 21 — SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 00200 - Instructions to Bidders REV 04-07 . doc 00200 - i F: \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES ( Alphabetical by Subject ) Subject Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Basisof Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . . . " , ' ' ' ' . . . . . fl ' ' lh * 000d 11111homm000p ' ll " , 6 d m M 9 0 0 0 0 . . . . . M a 0 0 9 9 4 4 , a 4 0 4 a a 0 . v , p p . . . 20 ContractTimes . m p p I I I I I I a 0 0 4 1 1 1 1 1 1 0 0 0 0 0 0 1 1 1 1 0 0 & W 0 0 0 0 9 0 q 0 0 0 W a 0 0 . . . . . . . . d a@ 0 p 0 0 0 m 0 o 0 4 0 s 0 0 0 9 M . . . . . . . . h m M a 0 . . . . . . . . . d 0 a m 0 6 V p 0 0 m a a p a 0 & 0 d a 0 a v v 9 Copiesof Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . ' ' , " . . . op ' ' llobboa 01 , 1111 ' sme 0000111111601 * . . . . . . 6 0 9 0 * 4 , , I I I I I a 0 p 0 0 1 1 1 1 1 1 a 0 , , 6 , * 0 a a W 6 4 . . . . m 0 0 0 1 Examination of Bidding Documents , Other Related Data , and Site . . m a 0 p 0 1 1 1 1 1 1 d m a a a 0 1 1 1 1 1 1 1 1 1 a a a 9 0 0 0 0 0 1 1 W e 1 14 Interpretations and Addenda . . . . . . " , ' ' I ' ' , stoop . . . . . . d 6 0 0 0 0 , V I I I I I b 0 a a 0 1 1 1 1 . . . . . 9 9 6 . . . . . I I I I d d b a 9 0 a 0 0 M 1 0 & 0 0 0 0 0 0 s 0 0 9 0 7 LiquidatedDamages , I I I 1 0 0 1 1 1 1 1 1 0 0 0 0 p p I I I I I I I 1 0 a a p I I I I I 1 0 0 0 a p I I I I I I I I 1 9 9 0 4 1 1 1 1 . . . 6 0 0 9 0 . . . . . . d s a p I I I I I I I I & 0 m a a m a 6 6 . . . . . . . & 0 W d d m a 0 1 0 Modification and Withdrawal of Bid , 0 a S m 0 m 0 0 W * 0 0 9 0 . . . . . . a a b 0 0 6 0 0 1 p 0 0 0 0 0 0 0 0 0 0 a a 0 0 16 Openingof Bids " , ' , , " stage . . . . . . . . of . . . . . . . . . . a d a 9 . . . . . . . . . s 9 9 9 0 0 . . . . . . & 0 a a 0 0 . . . . . . . . . 9 0 9 , , 0 . . . . . . . . a d s m a v v , p A , 17 Pre- Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note 3 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substituteor " Or- Equal " Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to Bidders REV 04-07 . doc 00200 - ii F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A . Bidder--The individual or entity who submits a Bid directly to OWNER . B . Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER ' s evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2002 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder' s qualifications to perform the Work , within five days of OWNER ' s request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below . A . Bidder must have at least five years ' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR , at least three projects similar in scope to this project . Co Bidder must have good recommendations from at least three clients similar to the OWNER . D . The Bidder' s superintendent and assistants must be qualified and experienced in similar projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 3 . 02 Each bid must contain evidence of Bidder' s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 1 F .Tutllc Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SMAdmim\Contract Documents\00200 - Instructions to Bidders REV 04-07 doc Rev 05/01 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE 4 . 01 Subsurface and Physical Conditions A . The Supplementary Conditions identify : 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A . Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER , or others . 4 . 03 Hazardous Environmental Condition A . The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any , that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any , and possible changes in 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 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 (Christopher J . Kafer Jr. , P . E . 772-22& 1221 ) , 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 ( CHRISTOPHER J . KAFER JR. , P . E . , ( 772 ) 226 -1221 ) TO MAKE ARRANGEMENTS IN ADVANCE , AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL , LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS , AND PERFORMANCE OF THE WORK ; C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost , progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study ( or assume responsibility for doing so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (overhead , surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 3 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SMAdmim\Contract Documents\00200 - Instructions to Bidders REV 04-07. doc Rev. 05/01 H . correlate the information known to Bidder , information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder , and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE - BID CONFERENCE 5 . 01 THERE WILL BE NO PRE -BID CONFERENCE FOR THIS PROJECT ! ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment , or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect . 7 . 02 Addenda may be issued to clarify , correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 4 F: \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 ARTICLE 8 - BID SECURITY 8 . 01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder' s maximum base bid price and in the form of a certified check ; cashier' s check ; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 01 of the General Conditions . The Bid Bond shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 ( amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury . The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney- in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person ' s authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the Successful Bidder shall for all Bonds , provide a copy of the Surety' s current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions , 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 90 days after the Bid opening , whereupon Bid Security furnished by such Bidders will be returned . 8 . 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be ( a ) Substantially Completed and ( b) also completed and ready for final payment are set forth in the Agreement . ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any , are set forth in the Agreement . 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 " 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 5 F \Pudic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07. doc Rev. 05/01 items . Whenever it is specified or described in the Bidding Documents that a substitute or " or- equal " item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER , application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement . The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements , ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement , the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER . If OWNER or ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity , OWNER may , before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions , 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office , 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable " entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate 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 . 00200 - Instructions to Bidders REV 04-07 . doc 00200 6 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St S\A Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 doc Rev. 05/01 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 . 06 A Bid by an individual shall show the Bidder' s name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13 . 11 The Bid shall contain evidence of Bidder' s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract . Bidder' s state contractor license number or county registration number for the state or county of the Project , if any , shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS 14 . 01 Unit Price A . Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions , C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any , named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . 14 . 03 The Bidder' s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere , is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated 00200 - Instructions to Bidders REV 04-07 . doc 00200 7 F . \Public. Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SMAdmim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character , location of the work , or other conditions pertaining thereto . ARTICLE 15 - SUBMITTAL OF BID 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . B . Sworn Statement under the Florida Trench Safety Act , C . Qualifications Questionnaire . D . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID NO . 2012029 ENCLOSED . " A mailed Bid shall be addressed to Indian River County , Purchasing Division , 1800 27th Street , Vero Beach , Florida , 32960 . ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work . ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non -responsive , read aloud publicly . An abstract of the amounts of the base Bids and major alternates , if any , will be made available to Bidders after the opening of Bids . 00200 - Instructions to Bidders REV 04-07 . doc 00200 8 F: 1Public.. Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may , in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non- responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder . OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted , the Bidder, by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest . 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OWNER ' s intent to accept alternates ( if any are accepted ) in the order in which they are listed on the Bid form , but OWNER may accept them in any order or combination . 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions , 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility , qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents . 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project . ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER ' s requirements as to Public Construction Bond and insurance . When the 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 9 IF . \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SMAdmim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bond , unless the Bond has been waived due to the total contract being less than $ 100 , 000 . ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder , it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER . 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder, 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or , the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . * * END OF SECTION 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 10 F :\Public. Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 04-07 . doc 00300 1 FAPublic; Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Con [ract Documents\00300 - Bid Package Contents - REV 04-07 doc SECTION 00310 - Bid Form I cTEN PROJECT IDENTIFICATION : zun ,v7 � Project Name : 27th Avenue Milling & Resurfacing (Oslo Road to S. R. 60 ) County Project Number: 0391 Bid Number: 2012029 Project Address : 27th Avenue Indian River County, Florida Project Description : The proposed improvements to 27th Avenue consist of milling and resurfacing both northbound and southbound lanes from Oslo Road to S . R. 60 to include signing and marking of the resurfaced lanes . Also included with the proect will be intersection improvements at 27t Avenue and 5th Street S .W. THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 180027 Ih Street VERO BEACH , FLORIDA 32960 1 1 . 01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents . 2. 01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER . 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . jAddendum Date Addendum Number — 6 oe !/Z ,20/>Z 2 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 00310 VoBid Form REV 04-07 . doc 00310 s, 1 PTubk Works\ENGINEERING DIVISION PROJECTS10391 -271h Ave at Sth St SMAdmkn Contract Documents100310 - Did Form REV 04-07.doc Rev. 05116/01 conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions , E . Bidder has obtained and carefully studied (or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies and data concerning conditions (surface , subsurface and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F . Bidder does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price (s ) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents , G . Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents . H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents . 1 . 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 j 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 - Bld Form REV NmW .doc 00310 - 2 F:\PublicWorks\ENGINEERINGDrVISION PROJECTS\0391 .27th Ave at 5th St SW\Adnw\Contrect Oocuments\00310 % Bid Form REV 04-07 . doc Rev. 05/16/01 ITEMIZED BID SCHEDULE 27TH AVENUE MILLING & RESURFACING (OSLO ROAD TO SR60) IRC PROJECT NO , 0391 / BID NO . 2012029 BIDDER'S NAME ; Ranger Construction Industries , Inc . an 101 - 1 MOBILIZATION NOME ( 1 LS �a 8� � 102 - 1 MAINTENANCE OF TRAFFIC i LS a � � x �67 �j� Go 104- 1 EROSION AND WATER POLLUTION CONTROL 1 LS ° CYC° 108- 1 RECORD DRAWINGS/AS-BUILT DRAWINGS 1 LS ' 108 -2 SURVEY CONTROL ( INSTALL/RE- ESTABLISH) 1 LS ae vo 110- 1 - 1 CLEARING AND GRUBBING 1 LS � U 0 120- 1 EXCAVATION REGULAR 532 Cy y TJ7 S 120-6- 1 EMBANKMENT 232 CY 1� .Z! 1604- 1 TYPE "B" STABILIZATION ( 12' SUBGRADE LBR 40) 11958 SY l4_ ,2 ? 3.? � as 285-706 8" COQUINA OPTIONAL BASE (GROUP 6) (TWO LIFTS) 11537 SY ! 4r0 � Jr�� 327-70- 1 MILLING EXISTING ASPHALT PAVEMENT (DEPTH VARIES D FROM 1 " TO 2") 77, 506 SYf, j L 334- 1 - 13A TYPE S . P . 12 . 5 ASPHALTIC CONCRETE ( 1 1 /2" THICK) 10213 SY Os, SSS 6f 334- 1 - 1313 TYPE S . P . 9 . 5 ASPHALTIC CONCRETE ( 1 " THICK) 11213 SY 640 J - J 334- 1 - 13C TYPE S , P . 9 . 5 ASPHALTIC CONCRETE (2" THICK, 2 LIFTS) 79 , 056 SY e% 3 d 425- 1 -521 INLET STRUCTURE (TYPE "C") 3 EA l 7�0 425- 1 - 551 INLET STRUCTURE (TYPE " E") 1 EA oZ 66v `� 660 425-241 MANHOLE STRUCTURE (TYPE 11P-711) 1 EA °=' a 2 ,? 0 425-5 MANHOLES , ADJUST 2 EA 425-6 VALVE BOX ADJUSTMENT 5 Eq o2 `2 o-P 1/ Q 6. �_ a 430- 175- 101 CONCRETE PIPE CULVERT (CLASS III - 1810) 148 LFY� G Q 7 6) 430- 175 -201 CONCRETE PIPE CULVERT (CLASS III w 12" X 1811) 40 LF S� a l� U-o 458- 1 - 1 BRIDGE DECK EXPANSION JOINT SEALANT WITH BACKER ROD 1 LS j520- 1 - 10 CONCRETE CURB AND GUTTER (TYPE " F") 641 LF Z y° i 522- 1 CONCRETE SIDEWALKS (6" THICK) 295 SY � 1 570- 1 -2 PERFORMANCE TURF-SOD ( BAHIA) 2 , 100 SY 6S � 6S" 570- 1 -2A PERFORMANCE TURF -SOD (FLORATAM ) 9 , 000 EEA 1! 660-2- 102 LOOP ASSEMBLY TYPE B (ADVANCE LOOP 6' X 6' WITH LEAD- IN FURNISH AND INSTALL) 8 660-2- 106 LOOP ASSEMBLY TYPE F (6' X 40 ') (FURNISH AND INSTALL) 28 EA � � ' 17 765� � 700-20- 11 SINGLE SIGN POST (< 12 SF) ( R2- 1 SPEED LIMIT) 2 AS Z2 / j - 706- 3A R . P . M . BI -DIRECTIONAL AMBER/AMBER 10368 EA FAPubk WoncslENGINEERING DIVISION PROJEC7SM91 .27lh Ave at 5th SI SW14dmimlContract Oocumenlsutemlzed Bid Schedule.xls 00310 -3 i ITEMIZED BID SCHEDULE 27TH AVENUE MILLING & RESURFACING (OSLO ROAD TO SR60) IRC PROJECT NO, 03911 BID NO. 2012029 BIDDER'SNAME : Ranger Construction Industries , Inc . MOM 706-3B R . P . M . BI -DIRECTIONAL WHITE/MONO 201 EA z �a 6 711 - 11 - 111 SOLID TRAFFIC STRIPE (6 " WHITE) (THERMOPLASTIC) 39 , 116 LF �a 31 d 711 - 11 - 123 SOLID TRAFFIC STRIPE ( 12" WHITE) (THERMOPLASTIC) 11589 LF � 4 711 — 711 - 11 - 125 SOLID TRAFFIC STRIPE (24" WHITE)(THERMOPLASTIC) 342 LF 2 6 1,221 711 - 11 - 151 SKIP TRAFFIC STRIPE (6" WHITE 6' - 10')(THERMOPLASTIC) 31147 LF 711 - 11 - 160 THERMOPLASTIC MESSAGE (SCHOOL) 2 EA � , 711 - 11 - 170 DIRECTIONAL ARROWS 42 EA � & gd r 711 - 11 -211 SOLID TRAFFIC STRIPE (6" YELLOW) (THERMO PLASTIC) 3, 489 LF oZ / l`�� >2D 1 711 - 11 -211A SOLID TRAFFIC STRIPE (DOUBLE 6" 17,257 LF 6 YELLOW THERMOPLASTIC /0 = 711 - 1 1 -224 SOLID TRAFFIC STRIPE ( 18" YELLOW)(THERMOPLASTIC ) 11389 LFA 711 - 11 -231 SKIP TRAFFIC STRIPE (8 " YELLOW 10' - 30') (THERMOPLASTIC) 6 , 197 LF 711 - 11 -251 SKIP TRAFFIC STRIPE (6" YELLOW61- 10') (THERMOPLASTIC) 170 LF ` ?d 800 PUBLIC CONSTRUCTION BOND 1 LS 801 TRENCH SAFETY COMPLIENCE (OVER 51) (SEE SEC . 00454) 1 LS 802 TRENCH SAFETY COMPLIENCE (SHORING) (SEE SEC . 00454) 1 LS 27TH AVE MILLING AND RESURFACING (OSLO ROAD TO SR 60) PROJECT SUB -min TOTAL /5� FA- 1FORCE ACCOUNT 1 LS $50, 000 .00 $ 50 , 000. 00 27TH AVE MILLING AND RESURFACING (OSLO ROAD TO SR 60) PROJECT TOTAL TOTAL PROJECT BID AMOUNT ( IN WORDS ) :00/x M , /ppp/ItA %civ 13oeRkJrr j 411h ,arc dtc3 rlcYc dl �� /rc r sa ! ✓tt �I 1 NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULEP THE BID DOCUMENTS WILL GOVERN AS = Assembly LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard CY = Cubic Yards F9PubRo WorkslENGWEERING DIVISION PROJECTS\0391 -27th Ave at 5!h Sl S+MAdrNm%Corttrar4t)enlmnnic\Nwmbnrl Rid RHIPA uo ym onsi n -4 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 jof 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. Co 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 . B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6. 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement . 7. 01 The following documents are attached to and made a condition of this Bid : A. Itemized Bid Schedule 1 B . Required Bid security in the form of Bid Bond C . Sworn Statement on Disclosure of Relationships ; D , Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relarionships; E . Sworn Statement Under the Florida Trench Safety Act; F . Qualifications Questionnaire ; G . List of Subcontractors ; 00310 - 5 00310 - Bid Form REV 04-07. doc iii F:Wubllc WorWENGINEERING DIVISION PROJECTS10391 -27th Avo at 51h St SMAdmimlContract Document6100310 - Bid Form REV 04,07.doc 1 1 8 . 01 The terms used in this Bid with initial capital letters have the meanings indicated in j the Instructions to Bidders , the General Conditions , and the Supplementary Conditions . SUBMITTED on , 20 i State Contractor License No , CGCO19416 If Bidder is : An Individual Name (typed or printed ) : By: (SEAL) (Individual's signature) Doing business as : ( Business address : ( Phone No . : FAX No . : A Partnership Partnership Name : ( SEAL) By : (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed) : Business address : I Phone No . : FAX No . : i A Corporation Corporation Name : Ranger Construction Industries , Inc . ( SEAL) State of Incorporation : Florida Type (General Business fess' nal , Service , Limited Liability) : General Business 10000/ B (Signa ure -- a ach,hK ence of authority to sign) Name (typed or printed ) : Scott Fowler Title : Assistant Secretary / Chief Estimator Attest a/ (CORPORATE SEAL) (Signature of Cf5rporate Secretary) lBusiness address : 4510 Glades Cut - off Road Fort Pierce , Florida 34981 1 PhoneNo . : ( 272 ) 4c, 4 - F4Fn FAXNo . : ( 772, ) 466 - 9559 Date of Qualification to do business is June , 1981 00310 - 6 00310 - Bid Form REV 04-07.doc # FAPublic WorksIENGINEERING DIVISION PROJECTSM91 -27th Ave at 51h Sl SWlAdmmt%Conlract Documenls100310 - Bid Form REV 04.07.doc A Joint Venture ( Joint Venture Name : (SEAL) j 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) j By: (Signature -- attach evidence of authority to sign) Name (typed or printed) : Title : Business address : Phone No . : FAX No . : Phone and FAX Number, and Address for receipt of official communications : ( Each joint venturor must sign . The manner of signing for each individual , partnership, and corporation that is a party to the joint venture should be in the manner indicated above . ) 1 1 END OF SECTION 00310 - 7 00310 - Bid Form REV 04 -07-doe F:\Public Works\ENGINEERING DIVISION PROJECTS10391 -27th Ave at 51h St SMAdmlmlContred Documents\00310 - Bld Form REV 04.07.doc i 1 i SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond . " t i END OF SECTION I 1 1i 00430 00430 - Bid Bond REV 04-07 .doc - 1 I'APublic Works\ENGINEERING DIVISION PROJECTW391 .271h Ave at 5th St SW\Adnninn\Contract Documenls=430 • Bid Bond REV 04.07 .doc Rev. 05101 BID BOND Travelers Casualty and Surety Company of America Hartford , CT 06183 CONTRACTOR : SURETY : (Namr, Iegct! stcdus gird crddi esel (Name, legal status and prirrc'ipul hlacc of business/ Ranger Construction Industries , Inc. Tra % elers Casualt. and Surctg Company ol' .kmerica 101 Sansbury ' s Way , West Palm Beach , FL 33411 One Tower Square, 5PB, Hartford , Cl' 06183 800/242 -8734 OWNER : (Name, legal svcrtrrs and address) Indian River County, Board of County Commissioners 1800 27th Street Vero Beach , Florida 32960 BOND AMOUNT : Five Percent ( 51/4 ) of the total amount of the bid PROJECT : (Name, location or address, and Projecl nronber, if anr) 27th Avenue Milling and Resurfacing ( Oslo Road to SR 60) Bid No. : 2012029 The Contractor and Surety are bound to the Owner in the amount set forth above , for the payment of which the Contractor and Surety bind thernselves . their heirs. executors , administrators. successors and assigns , jointly and severall}' , as provided herein . The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either ( 1 ) enters into a contract with the Owner in accordance with the terms ol' such bid , and gives such bond or bonds as may be specified in the bidding or Contract Documents. with a surety admitted in the jurisdiction of' the Project and otherwise acceptable to the Owner. for the faithful performance of' such Contract and for the prompt payment of labor and material furnished in the prosecution thereof.. or ( 2 ) pays to the Owner the difference. not to exceed the amount of this Bond • between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid , then this obligation shall be null and void, otherwise to remain in lull force and effect . The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid . Waiver of notice by the Surety shall not apply to any extension exceeding sixty ( 60 ) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety ' s consent for an extension beyond sixty (60) days . If this Bond is issued in connection with a subcontractor' s bid to a Contractor , the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein . When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond . The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310 , 2010 edition 1 Sic" ned and scaled this 13th da \ of June 2012 Ranger Constr c ' on Indus, Inc. IFF FIFO File, I PIP a y i ^ p ,lF �. � 4 . ., ... . . i �Z .31� , t b^ .. F A' k ! ! 1; (it I)I Iss) ( Mlle/ /I /r e -�.,..,J�r; TralCie rsCas#,k ArkdSurp k'?gt/fiijpamofAmcrica IleFee Ile „ . IF (Sra� (Seal) Flee FFF� ` .- ' f•I-- Will Am Phelps' Attorney- In- Fact and FL Resident Agent ( Il 'i1nes ) ( / VIC) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310 , 2010 edition 2 0 WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I `i POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Comli , my Fidelity and Guaranty Lasurance Company Travelers Casualty and Surety Coil tpany Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Cor rpany of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guararii y Company St. Paul Guardian Insurance Company i Attorney -In Fact No . 215719 Certificate No. 0 ® 4 7 3 4 F, 5 6 KNOW ALL MEN BY THESE PRESENTS : That St . Paul Fire and Marine Insurance Company, St . Paul Guardian Insurance Company and 'iI . Paul Mercury Insurance Company are corporations duly organized under the laws of The State of Minnesota, that Farmington Casualty Company, Travelers Casualty ; ud Surety Company, and Travelers Casualty and Surety Company of America are corperations duly organized under the laws of the State of Connecticut, that United St i Les Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corpor; i ion duly organized under the laws of the ; tate of Iowa , and that Fidelity and Guarantl/ Insurance Underwriters, Inc . , is a corporation duly organized under the laws ,f the State of Wisconsin (herein eollectivoly called the "Companies ") , and that the Coir,panies do hereby make, constitute and appoint William Phelps of the City of _ Melbourne State of Florida their true and Li ,vful Attorney(s ) -in- Fact, each in their separate capacity if more than one is named abode, to sign , execute, seal and acknowledge any and all bonds , recognizanees coni litional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guarani , .eing the performance of contracts and executing or guaranteeing bonds and undertakir-gs required or permitted in jury actions or proceedings allowed by law_ IN WITNESS Ti HEREOF, the Companies have caused this instrument to be signed and their corporate seals to he hereto affixed , this 16th day of February 2012 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and GuarantyInsurance Company Travelers Casualty and Surety Cori pany Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Cori pany of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guarana; ,° Company St. Paul Guardian Insurance Company p�yoP,p�°M � �4 �oaw� z�bY.Is 98TN�D!n .y>' 9n WC1CR9FO5R41IEDv a �R'.."E1w11�w�+�c'°�PmitS i�.�OI�SFN'P.,.ORW4sp;EV�fomrS i;�iWQc'�. ,�aO��PrP, O+ Rs4uqI:�"q:,..,,^n",•`-. a HpAJRTr FOaliRaD CONN. ,s rn< sj rLoSEAI�A- NSEALo a s�Af . ycAils< il i N4�FS1tT8Y9 'u6OQ "0D State of Connecticut By : --7"()n, — City of Hartford ss . Georg Thompson, eniorice "resident 16th February 2012 On this the day of before me personally appeared George W Thom : sun , ltihu ledge(i himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Gua -ant , brsurance Underwriters - Inc . , St. Paul Fire and Marine Insurance Company, St . Pau. Guardian Insurance Company, St. Paul Mercury Insurance Company, Travc ers Casualty and Suret} Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he , as such , b aing authorized so to do , executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorize(. officer. In Witness Whereof, I hereunto set my hand and official seal . My Connnission expires the 30th day of June , 2016 . G Auk% * Marie C Tetreault, votary Public 58440- 6 - 11 Printed in U . S . A . WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER . ` WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity i and Guaranty insurance Company. Fidelity and Guaranty Insurance Underwriters , Inc . , St . Paul Fire and Marine Insurance Company, St . Paul Guardian Insurance Company. St. Paul Mcrcmy Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows : 1 I RESOLVED , that the Chairman, the President, any Vice Chairman, aoy Executive Vice President, any Senior Vice President, any� Vice President, any Second Vicc !" President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agent to act for and on behalf 9 of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company ' s name and seal with the Company ' s seal bonds , recognizances , contracts of indemnity, and other writings obligatory in the nature of a bond , recognizance, or conditional undertaking , and any of said officers or the Board of Directors at anti time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman , the President, any Vice Chairman , any Executive. Vice President, any Senior Vice President or any Vice President may delegate all or an_v part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy i thereof is filed in the office of the Secretary ; and it is FURTHER RESOLVED , that anv bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman , any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company ' s seal by a Secretary or Assistant Secretary ; or (b) duly executed (under seal, if required) by one or more Attorneys -in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED , that the signawre of each of the following officers : President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomev or to any .l certificate relating thereto appointing Resident Vice }'residents , Resident Assistant Secretaries or Attorney FS for proposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached . 1 , Kevin E . Hughes , the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty insurance Company, Fidelity and Guaranty Insurance Underwriters , Inc . St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America , and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies , which is in full force and effect and has not been revoked . �t IN TESTIMONS WHEREOF, T have hereunto set my hand and affixed the seals of said Companies this day of __ iw __ 20 . �/✓' k Kevin E. Hughes((s , Assistant Sec .nary NN < r �onowv�r� +.`�v j0�.. G,➢ P .. . . . . qa S v� � b n °�+ I4COflPORATED - �% / �caaronAr��m fW� opPORAl 1� -: J HARTFORD 1 � -.SEa `o"% ''- S ', SEAL . a°° ' S t�{ CONN. / 2 n X896 d`y as i �oJ V�r .... n r a' rAN0 4df �a - ....-'�aa sN�i,N .� �s " To verify the authenticity of this Power of Attorney, call 1 - 800-421 - 3880 or contact us at www . travelersbond . com . Please refer to the Attorney- In-Fact number, the above-named individuals and the details of the bond to which the power is attached . WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SWORN STATEMENT UNDER SECTION 105 . 089 INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No . 2012029 t for 271h Avenue Milling .& Resurfacing (Oslo Road to S R 20) 2 . This sworn statement is submitted by : Ranger Construction Industries , Inc . (Name of entity submitting Statement) whose business address is : 4510 Glades Cut - off Road , Fort Pierce , Florida 34981 3 . My name is Scott Fowler (Please print name of individual signing) and my relationship to the entity named above is Assistant Secretary / Chief Estimator 4 . 1 understand that an affiliate as defined in Section 105 . 08 , Indian River County Code, means : The term "affiliate" includes those officers, directors, executives, partners , shareholders, employees, members, and agents who are active in the management of the entity , 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband , wife , father-in-law, mother- in- law, daughter- in-law, son-in-law, brother-in-law, sister-in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6 . Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies . ] r X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, t shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105 . 08 , Indian River County Code , with any County Commissioner f or County employee , The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee : 00452- 1 FAPubIIc Works\ENGiNEERING DIVISION PROJECTS10391 -27th Ave at 5th St SW1Admim\Contract Documents100452 Disclosure of i Name of Affiliate Name of County Commissioner Relationship or entity or employee 1 Not Applicable 1 ign ture) ° 6 � oAZ (Date) STATE OF Florida COUNTY OF Orange The foregoing instrument was acknowledged before me this day of c� un , 20ZL, by who is personally known to me pr who has produced as identification . NOTARY PUBLIC 11 SIGN : ^ ( ' ,� t .. 'tt.�.z. . _. PRINT : 1 Notary Public, State at large My Commission Expires : IL (Seal) SOV e0 Notary Public State of Florida Desiree G Coleman �S My Commission EE023413 OF Expires 11 /14/2014 1 00452-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW1Admim\Contract Documents\00452 Disclosure of 1 1 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act I THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE 1 FOR THE EXCAVATION WORK ( " BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE , IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Project No . 0391 for 27th Avenue Millinq & Resurfacing (Oslo Road to S . R . 60) 1 2 . This Sworn Statement is submitted by Ranger Construction Industries , Inc . (Legal Name of Entity Submitting Sworn Statement) hereinafter " BIDDER" . The BIDDER's address is _ 4510 Glades Cut - off Road , Fort Pierce , Florida 34981 I BIDDER ' s Federal Employer Identification Number ( FEIN) is 5 9 - 2 0 9 $ 5 5 2 1 3 . My name is Scott Fowler and my relationship to the BIDDER ( Print Name of Individual Signing) ( IS Assistant Secretary / Chief Estimator li (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER . 1 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 t Safety Standards . 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety ( Standards . t 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: r The determination of the appropriate method (s) of compliance is the complete and sole 1 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 $ / based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project : 1 00454 1 00454 - Florida Trench Safety Act - REV 04- 07 .doc ll - FAPuolic Works\ENGINEERING DIVISION PROJECTS10391 .27th Ave at 5th SI SWIAdrnWConlract Documenls=454 - Florida Trench Safely Act - REV 04 -07.doc 1 i 1 The determination of the appropriate method (s) of compliance is the complete and sole responsibility of the BIDDER . Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose . The OWNER and 1 ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards , 8 . The BIDDER , in submitting this bid , represents that it has obtained and considered all + available geotechnical information , has utilized said geotechnical information and that, l 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: Ranger Construction Industries , Inc . Bk Position or Title : A sistant Secretary / Chief Estimator Date : STATE OF Florida COUNTY OF Orange Personallyappeared before me , the undersigned authority , pp 9 Yrv 00'r who after first being sworn by me , affixed his/her signature in the space provided above on this 6 day of _ u' kIr , 20 IL . 0 l No Public, •�°" "U. Notary Public State of Florida ry State at large `); Desiree G Coleman �Vly ommission Expires : y My Commission EE023413 '� dd Expires 11 ! 14/2014 * * END OF SECTION f , i � 00454 - 2 00454 - Florida Trench Safety Act - REV 04-07 .doc FAPuhlic Works\ENGINEERING DIVISION PROJECTS10391 -27th Ave at 5th 31 SWWdmlm\Conlracl Docurnents\00454 - Florida Trench Safely Act • REV 04-07 .doc 1 SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NOW ! RESPONSIBLE BIDDERS . t UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy t of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No : 0391 Project Name : 27th Avenue Milling & Resurfacing ( Oslo Road to S . R . 60 ). 1 . Bidder' s Name / Address : Ranger Construction Industries , Inc . 4510 Glades Cut - off Road , Fort Pierce , Florida 34981 2 . Bidder' s Telephone & FAX Numbers : 772 - 464 - 6460 / 772 - 466 - 9559 1 3 . Licensing and Corporate Status :a . Is Contractor License current? Yes b . Bidder' s Contractor License No : CGCO19416 [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 : 31 5 . What is the last project OF THIS NATURE that the firm has completed? SR 60 - Indian River County 6 . Has the firm ever failed to complete work awarded to you ? No [ If your answer is " yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which the firm failed to complete the work. ] 7 . Has the firm ever been assessed liquidated damages? No ( [ If your answer is "yes , then attach a separate page to this questionnaire that explains t 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 ? No [ If your answer is " yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number for each project in which OSHA violations were alleged . ] 00456 - Qualifications Questionnaire. doc 00456 - f F:\Pub1icWorksNENGINEERING DIVISION PROJECTS10391 .27Ih Ave at 5th St SWWdmlm\Contract Documenie\00456 - Qualifications Queslionnaire.doc 9 . Has the firm ever been charged with noncompliance of any public policy or rules? No f [ 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 1 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 ? No ` [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which a default occurred . ] 12 . Attach a separate page to this questionnaire that summarizes the firm ' s current workload and that demonstrates its ability to meet the project schedule . 13 . Name of person who inspected the site of the proposed work for the firm : Name : ' � // �® der Date of Inspections : � Z 14 . Name of on -site Project Foreman : ea/ic Ino te 11A Number of years of experience with similar projects as a Project Foreman : 15 . Name of Project Manager: 9, t S Number of years of experience with similar projects as a Project Manager: 20 16 . State your total bonding capacity: $ 2 5 0 , 0 0 0 , 0 0 0 . 0 0 / $ 7 5 0 , 000 , 000 . 00 Aggrega t o 1 17 . State your bonding capacity per job : $ 250 , 000 , 000 . 00 1 18 . Please provide name , address , telephone number, and contact person of your bonding company : William Phelps - Friedlander Company 447 Montreal Avenue Melbourne , Florida 32935 [The remainder of this page was left blank intentionally] N I00456 - Qualifications Questionnalre . doc l 00456 - 2 F :\Publ c Works\ENGINEERING DIVISION PROJECTS\0391 27th Ave at 51h St SMAdmim\Conlracl Documents\00450 - Qualifications Questlonnaire.doc �� ..��- >•--.. �.� .--.�► ...� �.r ...- Akv . ,...r.ft ...rte $1W1bd1A§ .t 19 . Complete the following table for SIMILAR projects : Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount Please see attached 00456 - Qualifications Questionnaire.doc 00456 - 3 FAR'blic Works\ENGINEERING DIVISION PROJECT&MI -27th Ave at Sifts St SW\Adm1rMContract DocurnentsM4,56 - Qualificab ns Duestionnaire.doc /\ Ranger /Construction es Industri , Inc . Contractor ' s Qualification Statement 19 , Project : 195 (Widening) — Brevard County Original Contract : $ 20 , 50000 . 00 Required Completion Date : Actual Completion Date : March 2011 Name/Address/Tel : Florida Department of Transportation 555 Camp Road Cocoa, FL 32927 Robert Martens 321 - 690 - 3254 Project : SR 60 ( IRC) Original Contract : $ 18 , 496 , 795 . 18 Required Completion Date : April 2011 Actual Completion Date : December 2010 Name/Address/Tel : Florida Department of Transportation 605 Suwannee Street ; Tallahassee , FL 32399 John Hart (Carnahan -Proctor- Cross ) 954 - 214 - 9260 Project : SR 9 195 Original Contract : $ 8 , 017 . 576 , 46 Required Completion Date : March 2010 Actual Completion Date : February 2010 Name/Address/Tel : Florida Department of Transportation 3400 W . Commercial Blvd . ; Ft Lauderdale , FL, 33309 Dave Jefferson (Creative Engineering) 772 - 220 - 9822 Project : SR 5 ( US 1 ) — Fort Pierce Original Contract : $ 6 , 561 , 078 . 68 Required Completion Date : August 2009 Actual Completion Date : July 2009 Name/Address/Tel : Florida Department of Transportation Warren Crittenden (AECOM) 772461 - 2450 Project : SR 615 (25 `h Street) — Fort Pierce Original Contract : $ 6 , 051 , 401 . 82 Required Completion Date : July 2009 Actual Completion Date : March 2009 Name/Address/Tel : Florida Department of Transportation 3601 Oleander Avenue : Ft Pierce , FL 34981 Mark Riordan (Target Engineering Group) 772 - 461 -2873 Project : SR 70 ( SLC ) Original Contract : 517 . 069 , 756 . 96 Required Completion Date : September 2008 Actual Completion Date : August 2008 Name/Address/Tel : Florida Department of Transportation 605 Suwannee Street ; Tallahassee , FL 32399 Ms . Karina Enrico ( GBF Engineering, Inc ) 772460 - 8053 [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.jo (Signature ) Assistant Secretary / Chief Estimator Z ( Position or Title ) 1//l/i ( Date ) * * END OF SECTION C 1 . 1 . C Il 00456 - Qualifications Questionnaire .doc 11 00456 - 4 F:\Publlc Works\ENGINEERING DIVISION PROJECTS10391 -27th Ave al Sth St SWWdmim\Contract Documenls100456 - Quelificalions Questionnalre.doc ISECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids , I changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request . Subcontractors must be properly licensed and hold a valid Certificate t of Competency . l Documentation Submitted with Project No . 0391 for 27th Ave Milling & Resurfacing (Oslo Road to S . R . 60 ) . Work to be Performed Subcontractor' s Name/Address • _ A /??,, // e T Corr . /�/>��. �.z T� SO�riny s . FA ( 2 . 1rOnC , fU>et tT� eerT �=.0 l 3 . 4 t Io h(s C Gcroom te C J1a(cCc 4Licr�, 5 . fru JA6 7a� nroh at/if .zc . 6 . ��ZG' T, ,�77� / crrrcwdo Gr � d�o� �� 7 . 8 . C 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . Note : Attach additional sheets if required . * * END OF SECTION I00458 - 1 00458 - List of Subcontractors REV 0447. doc FAPubfic WorksIENGINEERING DIVISION PROJECTS10391 .271h Ave at 51h St SVMdmimlContrsct DocumenIA00458 - List of Subcontractors REV 04,07.doc wwNN1 . s11nbiz . org - Department of State Page I of 2 DivisioN OF CORPORATIONS1 II�;Ri 17 M. Home Contact Us E-Filing Services Document Searches Forms Help Previaus or List Next on List Return To List Entity Name Search Vents No Name History Submit Detail by Entity Name Florida Profit Corporation RANGER CONSTRUCTION INDUSTRIES , INC . Filing Information Document Number F40180 FEI /EIN Number 592098662 Date Filed 06/ 10/ 1981 State FL Status ACTIVE Effective Date 06/08111981 Last Event MERGER Event Date Filed 12/27/2010 Event Effective Date 12/31 /2010 Principal Address 101 SANSBURY'S WAY WEST PALM BCH FL 33411 Changed 01 ;27/2009 Mailing Address 101 SANSBURY'S WAY WEST PALM BCH FL 33411 Changed 01 /27/2009 Registered Agent Name & Address BROWNING , DOUGLAS 101 SANSBURY' S WAY WEST PALM BEACH FL 33411 US Name Changed : 08/25/2010 Address Changed : 01 /27/2009 Officer/ Director Detail Name & Address Title ST BROWNING , DOUGLAS J 101 SANSBURYS WAY WEST PALM BEACH FL 33411 Title P SLADE , MICHAEL 101 SANSBURYS WAY W PALM BCH , FL 33411 Title EVP SCHAFER , ROBERT 101 SANSBURYS WAY WEST PALM BEACH FL 33411 Title VP FRANK , SCOTT 101 SANSBURY' S WAY http : //sunb 'lz . org/scripts/cordet , exe ? action =DETFIL & ino doe rn , mhPr= Fane RnR. ; ,, n WWWV . SUnb1z . org - Department of State Page of 2 WEST PALM BEACH FL 33411 Title CD VECELLIO , LEO A JR 101 SANSBURY'S WAY WEST PALM BEACH FL 33411 Title VP CORREA , MIGUEL G 101 SANSBURY 'S WAY WEST PALM BEACH FL 33411 Annual Reports Report Year Filed Date 2010 01 /08/2010 2011 02/24/2011 2012 04/30/2012 Document Images 04/3012012 -- ANNUAL REPORT View image in PDF format 02/24/2011 -- ANNUAL REPOR t- View image in PDF format 12 /27/2010 -- Merger View image in PDF format 08/25/2010 - - Req AgentChange View image in PDF format 01 /0812010 - ANNUG,L REPOR E- View image in PDF format 01 '2 %/2009 -- ANNUAL REPORT View image in PDF format 03!03/2008 - ANNUAL- REPORT View image in PDF format 03;26.2007 -- ANNUAL RL POP I View image in PDF format 02/22/2007 - ANNUAI REPOR1 View image in PDF format 02/ 17/2006 - - ANNUAL REPORT View image in PDF format 02116,12005 - ANNUAL REPORT View image in PDF format 03/01 /2004 - - ANNUAL REPORT View image in PDF format 02/ 19/2003 - - ANNUAL_ REPORT View image in PDF format 02 / 19/2002 - - ANNUAL REPORT View image in PDF format 01 /31 /2. 001 - - ANNUAL _ REPORT View image in PDF format 02? 14/2000 -- ANNUAL REPORT View image in PDF format 03/22/ 1999 - - ANNUAL REPORT View image in PDF format 03 / 1211998 - ANNUAL REPORT View image in PDF format 02/ 1111997 - ANNUAL. RFPORT View image in PDF format 03/07/ 1996 - ANNUAL REPORT View image in PDF format 03/22 / 1995 - ANNUAL Rf PORT View image in PDF format Note : This is not official record . See documents if question or conflict Previous on List Next on List Return "fo List Entity Name Search Events No Name History Submit '' .: me Cc � tact pis ir,ru a ik 5 _ai rr Con VI ui ,CC aril Pi ivaty fo! ICvs Slate r. ( Honda , Depaf tme]it of state http : //sunblz . org/scripts/cordet , exe ? action =DETFIL & iiia doc nnmhpr=Fanj R0 R. ; n . 1 , t did, old 1I Ih1 15 J.�� ''C ci{ r 1'L. �? I� If>•``%4 IJ J ! l I s � , I f rte. r ''�� '� i^ —` q aide Tf 1"t` � r � � ar " apt krfr' w 1 ' ^ sly . � 0 p O3 -ism o 6- 0 � Ir a r �y"yi ,y r) r W � Oi U N (rol <p X ! fly IS 'Idle i ''+r•1y- �� .; ped _ Olaala, p� N j rp � ?� r` �l,Tl r �a 3 .7• rn.• CD '^� (� &(a 'Pr rl7s M. r � pk (- I�� +} s 1 riled ! 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I .,ls ;�� ic�t . �I C '1+ IJ tE r r .� r•,,. r r r s 15--�a'i i^ �,` rI Cyt 1�ic'� ] )v I .clod 1 ..r� 1 ,.�C1` .4 ' �1 ,�.�fCl �`i• cula:, lywrdp �n� " �'�..i� ) �b,^�r ,�u�� 'w r ✓Il y.�r . ��•'if �7��Fr�f �ycl`� VY�b3`*G lW0 L:1 ') i o7,A'- �'.'-�l1 L'k,p►' s e It If � \_"� f� w �7 tor,l ,1~S Par STATE OF FLORIDA _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ( 850 ) 487111, 1395 1940 NORTH MONROE STREET TALLAHASSEE FL 3239911,, 0783 CORREA , MIGUEL GUILLERMO RANGER CONSTRUCTION INDUSTRIES INC P 0 BOX 15065 WEST PALM BCH FL 33416 Congratulations With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation . Our professionals and businesses range from architects to yacht brokers , from boxers to barbeque restaurants , and they keep Florida' s economy strong . Every day we work to improve the way we do business in order to serve you better . For information about our services , please log onto www. myfloridalicense.com . There you can find more information about our divisions and the regulations that impact you , subscribe to department newsletters and learn more about the Department's initiatives . Our mission at the Department is : License Efficiently , Regulate Fairly . We 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 license ! DETACH HERE ;y w; y F y . :� ➢— , ; 5 = r :e ) � .: � � � r � . � � nn� � Tt w � �°lam sir) Ij k Y,r`L: "4a" =.i�•." ?t• i� � 4 iz� DL' fiIsz� , y� Rid oTAst_ tu>amlo , = Y ; - , FIs1 = *It)�" :3�16YU. 10 •�,;; ;;��, ry, "� . �. j , ?:c �,�a, : '�{t dd�� I?' }7`,�• 3�? �-ti�_� ?v'`} ir' t�[( yt '�,..`1 �`§i ;s ' / 1117, ?' 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Y,r� -,clll�;`�.� ��'�}`;:� �tl•Ki � ?;f,t� Y_. �yc 1_vC__la �� Ex':�. .;z)cC:F� rf .� � �. � � � � C � � = .i. -zry � .^-- � ,ri � w *�- � . rr t--a- �•av� -�� SMi��(x:�� sYs• - .� .yc�V4 - ��X��' h �[�" I�� « s�C IJP �' F-'moi ~(�a'3'. -� �+1� 1 f' �;"D��A.�� .� t t � -� - t� y � � J� " 4 ��.- --�1 _€) � xl Y. r e Worl: Under Fav Page ] of 1 Contractor Pre-Qualification ( CPQ) Logout RANGERWORKUNDERWAY@RANGERCONS " "f. , elo Update Work Underway 6/ 1 /2012 8. 34 : 08 AM EST Form 375-020- 39- Rev 11 /7/2007 Rule 14 -22 . 006 (3 ) , FA C - Vendor Number : F592098662002 Vendor Name : RANGER CONSTRUCTION INDUSTRIES , INC Total Uncompleted Work shall include all your contracts whether prime or subcontracts , regardless of location and with whom contracted . Total Florida DOT Work Underway : S 136320506 . 00 Total Other Work Underway : 17286074 00 Total Uncompleted Work : 8 153606580 . 00 Status of Contracts as of: 06 /01 /2012 ( mm/dd/yyyy ) Note : In order for the Department to have the information required to determine a bidder' s Current Capacity it is necessary that on the day of the first letting each month the bidder submits a bid a Certification of Work Underway with accompanying Status of Contracts on Hand documentation must be submitted Submittal of the total uncompleted work amount as shown above and on the "Status of Contracts on Hand Template " affirms the figures were prepared as follows. 1 If the letting is before the 25th day of the month , the certification and status of contracts on hand submittal shall reflect the uncompleted work as of the 15th day of the month , last proceeding the month of the letting . 2 If the letting is after the 25th day of the month , the certification and status of contracts submittal shall reflect the uncompleted work in progress as of the 15th day of the month of the letting 3 All new contracts ( and subcontracts) awarded earlier than five days before the letting date shall be included . 4 If the Status of Contracts on Hand Template is not utilized then a Word , Excel or PDF file in substantially the same format as the Status of Contracts Template shall be attached . Attach Status of Contracts on Hand : Browse . . . Status of Contracts on Hand TemplatF Submit �_ Cancel FLORIDA DEPARTMENT OF TRANSPORTATION Report Technical Problems to the Service Desk @ 1 - 866- 955-4357 or F ® CST email : Service Desk Send Prequalification Questions or Comments to Contracts "` p Administration Office ` Internet Privacy Policy Disclaimers & Credits https : //"nifw; . dot . state . tl . us/contractoiprequaliiication /Pages/OnlmeApplicatiou/cpgOnline . . . 6/ 1 /? O1 83410 Vecellio Group , Inc . 1 JOBCOST Ranger Construction , Ind . 06 / 01 / 12 RGWPJMSI Florida Department of Transportation 08 : 15 : 22 Status Of Contracts On Hand As of June 01 , 2012 Contract Subcont . Ranger Billed Uncomplete Job Number & Name Amount Amount Amount To Date Work 00032 Ranger Construction - Central. 001 Prime Contractor 3000047 Emergency Response ( MP 100 - 200 122 , 50D 122 , 500 48 , 163 - 74 , 337 3000206 PALM BEACH COUNTY PUSBUTTON 531 , 768 166 , 781 365 , 007 184 , 712 - 347 , 076 3000326 WESTGATE NORTH IMPROVEMENTS 2 , 666 , 853 10843 , 345 823 , 508 2 , 613 , 084 - 53 , 769 3000357 SR 850 ( Northlake Blvd ) and 3 , 564 , 916 1 , 486 , 402 2 , 076 , 514 3 , 520 , 770 - 44 , 146 3000363 SPOT ASPHALT REPAIRS 372 , 926 49 , 493 323 , 433 371 , 926 - 1 , 000 3000369 OKEECHOBEE BLVD 21216 , 016 11028 , 921 1 , 187 , 095 2 , 090 , 370 - 125 , 646 3000374 BLUE HERON & CONGRESS AVENUE 1 , 456 , 526 849 , 722 606 , 804 588 , 630 - 867 , 896 3000397 VILLAGE GREEN CENTER 2 , 0381317 1 , 025 , 604 1 , 0121713 11901 , 350 - 136 , 967 3000401 SR 710 ( BEELINE HWY ) 21732 , 278 286 , 154 2 , 446 , 124 2 , 299 , 883 - 432 , 395 3000444 THE BRIDGES - PAVING 403 , 277 403 , 277 741097 - 329 , 180 3000445 THE BRIDGES - TJRNLANE 85 , 529 3 , 750 81 , 779 841492 - 1 , 037 3000453 LAKEFIELD SOUTH 166 , 706 19 , 555 1471151 166 , 706 3000457 ISLE BROOK 38 , 133 4 , 275 33 , 858 380133 3000462 RUNWAY 15 - 33 TAXIWAY C 2 , 921 , 820 752 , 605 2 , 169 , 215 2 , 921 , 820 3000464 MERCEDES BENZ CARWASH 9 , 720 9 , 720 9 , 720 3000465 HYPOLUXO ROAD & 195 400 , 000 106 , 657 293 , 343 4000000 3000469 CENTURY PARK 59 , 685 59 , 685 59 , 685 3000478 WELLINGTON AERO CLUB RUNWAY 699 , 999 54 , 949 645 , 050 699 , 999 3200105 IRC SECTOR 3 BEACH RESTORATION 100319 , 234 842 , 155 9 , 477 , 079 101123 , 244 - 195 , 990 3200296 VERO BEACH ANNUAL 500 , 000 761187 423 , 813 432 , 747 - 67 , 253 3200354 SR 91 - ASPHALT MAINENANCE 3450663 41 , 070 304 , 593 315 , 793 - 29 , 870 3200365 SR AlA ( iRC ) 11649 , 098 439 , 145 1 , 2091953 1 , 648 , 098 - 1 , 000 3200378 195 DESIGN BUILD E4L76 78 , 270 , 000 38 , 812 , 035 39 , 457 , 965 28 , 681 , 450 - 49 , 588 , 550 3200395 BECKER RD SEGMENT 3 2 , 1081900 3 , 750 21105 , 150 21063 , 131 - 45 , 769 3200407 SLC AIRPORT TAXIWAYS A & B 3 , 426 , 048 10677 , 295 11748 , 753 3 , 392 , 804 - 33 , 244 3200459 SR 60 1 , 846 , 769 594 , 062 11254 , 707 1 , 848 , 769 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 001 Prime Contractor 118 , 954 , 701 50 , 165 , 912 68 , 788 , 789 60 , 434 , 744 - 58 , 519 , 957 002 Subcontractor 3000235 US 1 Low Level Bridge 400 , 345 7 , 500 392 , 845 20 , 816 - 379 , 529 3000251 1 595 Segment D Roadway & 471216 , 909 20 , 695 , 726 26 , 521 , 183 30 , 568 , 811 - 16 , 648 , 098 3000384 I595 SEGMENT E 39 , 3121105 20 , 430 , 000 18 , 882 , 105 14 , 449 , 126 - 24 , 862 , 979 3000424 DBE & C - SR 80 GUARDRAIL 337 , 022 33 "1 , 022 336 , 064 - 958 3000433 SUNSHINE SQUARE 37 , 476 37 , 476 35 , 782 - 1 , 694 3000447 SR 91 REPLACE RAMP BRIDGE 464 , 471 180000 446 , 471 52 , 862 - 411 , 609 3000448 CENTRAL BLVD ( CHURCH ST - LONGSH 327 , 727 61100 321 , 627 312 , 496 - 15 , 231 3000449 BW DEFAULT - SEG D 143 , 834 971911 45 , 923 142 , 834 - 1 , 000 3000450 BW DEFAULT - SEG E 565 , 688 5654688 564 , 688 - 1 , 000 3000452 RPG COMMONS PHASE 2 447 , 520 31300 444 , 220 1031379 - 344 , 141 3000456 GULFSTREAM GARDENS SEWER CONN 200768 21500 18 , 268 20 , 768 3000458 CONGRESS AVE & LANTANA RD 459 , 875 459 , 875 459 , 875 3000463 BELVEDERE HOMES INFRASTRUCTURE 18917 "/ 8 1890778 189 , 778 3000470 FPL RIVIERA BEACH ENERGY CTR 66 , 420 2 , 450 63 , 970 66 , 420 3000473 TACO BELL - VILLAGE GREEN 44 , 689 44 , 689 44 , 689 3000477 WELLINGTON MEDICAL CENTER 34 , 128 34 , 128 34 , 128 3200315 BARBER STREET 406 , 000 406 , 000 361 , 973 - 44 , 027 3200388 INDIAN STREET BRIDGE 71012 , 182 11095 , 658 51916 , 524 211281672 - 4 , 883 , 510 3200409 CENTERSTATE BANK 42 , 839 1 , 655 41 , 184 42 , 839 83410 Vecellio Group , Inc . 2 JOBCOST Ranger Construction , Ind . 06 / 01 / 12 RGWPJMSi Florida Department of Transportation 08 : 15 : 22 Status Of Contracts On Hand As of June 01 , 2012 Contract Subcont . Ranger Billed Uncomplete Job Number & Name Amount Amount Amount To Date Work - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 00032 Ranger Construction - Central 002 Subcontractor 3200460 La Mer Condominiums 45 , 555 9 , 584 35 , 971 44 , 555 - 1 , 000 3200461 B & W Growers Packing House 2360026 7 , 184 228 , 842 521118 - 183 , 908 3200466 Georgetown @ Heritage Ridge 43 , 050 43 , 050 43 , 050 3200468 Cross Creek Lake Estates 84 , 315 84 , 315 84 , 315 3200474 Palm Bay Fire Staion # 1 34 , 540 34 , 540 34 , 540 - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . Subcontractor 97 , 973 , 262 42 , 377 , 568 55 , 595 , 694 49 , 174 , 176 - 48 , 799 , 086 00032 Ranger Construction - Central 216 , 9270963 921543 , 480 124 , 384 , 483 1091608 , 920 - 107 , 319 , 043 - 00035 Ranger Construction - North 001 Prime contractor 3505078 SR 400 ( I - 4 ) SR 46 25 , 646 , 400 14 , 418 , 713 11 , 227 , 687 150364 , 946 - 10 , 281 , 454 3505082 SR 528 Emergency Crossover 671 , 633 298 , 470 373 , 163 669 , 482 - 2 , 151 3505336 Ocoee Asphalt FY 2012 298 , 027 42 , 794 255 , 233 296 , 747 - 1 , 280 3505337 City of Debary Resurfacing 365 , 193 37 , 920 327 , 273 3650193 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . 001 Prime Contractor 261981 , 253 14 , 797 , 897 12 , 183 , 356 16 , 331 , 175 - 10 , 650 , 078 002 Subcontractor 3505081 SR 423 - SR 434 3 , 020 , 009 38 , 539 2 , 981 , 470 377 , 581 - 2 , 642 , 428 3505083 Lakeshore Drive Bridge 127 , 487 127 , 487 46 , 737 - 80 , 750 3505084 1 - 4 Braided Ramp 745 , 190 35 , 505 709 , 685 491527 - 695 , 663 3505335 Old Winter Garden & Mission Rd 126 , 387 91200 117 , 187 124 , 533 - 1 , 854 3505630 Disney Art of Animation Resort 1 , 002 , 625 1 , 0021625 866 , 660 - 135 , 965 3505639 Laureate Blvd East ( Lake Nona ) 123 , 891 1231891 "10 , 010 - 53 , 881 3505640 S VAMC Access Road ( Lake Nona ) 44 , 578 44 , 578 26 , 328 - 18 , 250 3505642 Spruce Creek Fly In 280 , 902 280 , 902 279 , 902 - 1 , 000 002 Subcontractor 5 , 4710069 83 , 244 5 , 387 , 825 1 , 841 , 278 - 3 , 629 , 791 00035 Ranger Construction - North 32 , 452 , 322 14 , 881 , 141 17 , 571 , 181 18 , 172 , 453 - 14 , 279 , 8b9 00060 Ranger Construction - South 001 Prime Contractor 6009600 Northwest 21st Avenue 8 , 256 , 414 4 , 730 , 368 3 , 526 , 046 7 , 940 , 242 - 316 , 172 6107235 T - 4293 GLADES ROAD BOCA RATON 3 , 929 , 493 2 , 410 , 073 1 , 519 , 420 210890701 - 1 , 839 , 792 6107240 FDOT - T4290 - SR 5 ( US - 1 ) 2 , 506 , 650 7590063 10747 , 587 21446 , 189 - 60 , 461 6107252 FDOT T - 4277 ATLANTIC BLVD SR - 7 3 , 448 , 444 1 , 749 , 628 1 , 698 , 816 1 , 486 , 054 - 1 , 962 , 390 6107283 SR 808 Glades Road 1 , 033 , 447 353 , 956 679 , 491 1 , 033 , 447 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 001 Prime Contractor 19 , 174 , 448 10 , 003 , 088 91171 , 360 13 , 962 , 186 - 5 , 212 , 262 002 Subcontractor 6004369 MOTIVA RXR ROW LOCATES 2 , 500 2 , 500 2 , 500 6101027 ADVENIR PRESIDENTIAL HOUSE APT 1 , 000 11000 1 , 000 6107182 TURNPIKE HEFT 16c2 51622 , 947 103 , 839 5 , 519 , 108 5 , 603 , 119 - 19 , 828 83410 Vece '- lio Group , Inc . JOHCOST Ranger Construct3 ion , Ind . 06 / 01 / 12 RGWYJMSI Florida Department of Transportation 08 : 15 : 22 Status Of Contracts On Hand As of June 01 , 2012 Contract Subcont . Ranger Billed Uncomplete Job Number & Name Amount Amount Amount To Date Work - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 00060 Ranger Construction - South 002 Subcontractor 6107190 TURNPIKE HEFT PHASE III 3 , 221 , 386 135 , 923 300850463 3 , 2200386 - 11000 6107199 TURNPIKE WIDENING SUNRISE BLVD 3 , 923 , 308 291 , 010 3 , 632 , 298 3 , 041 , 704 - 881 , 604 6107224 SE 8 STREET & BRICKELL AVENUE 11338 1 , 338 1 , 338 6107230 TAXIWAY C 91225 , 421 140 , 287 9 , 085 , 134 8 , 691 , 230 - 534 , 191 6107261 RED ROAD RESIDENCE 280 , 310 280 , 310 160 , 679 - 119 , 631 6107264 MOTIVA RAILROAD SPUR ( VECENERG 6 , 644 , 842 6 , 537 , 313 2 , 107 , 529 2 , 884 , 336 - 51760 , 506 6107269 BAILEY ROAD 11388 , 645 2 , 500 11386 , 145 4280948 - 9590697 6107273 195 Express Lanes 18 , 223 , 667 1 , 034 , 386 171189 , 281 1 , 031 , 716 - 17 , 1911951 6107274 BROADSTONE 9 N . BOCA VILLAGE 310 , 990 64000 304 , 990 521632 - 258 , 358 6107278 Park City Water Replacement 632 , 200 3 , 500 628 , 700 632 , 200 6107284 Plantation. Palms ( ASP ) 79 , 340 9 , 000 70 , 340 79 , 340 6107285 Latter Day Saints South Florid 27 , 597 1 , 337 26 , 260 27 , 597 6107286 One Plantation Place 81 , 998 31873 78 , 125 81 , 998 6107287 white Rock Repairs 2012 99 , 969 91600 90 , 369 99 , 969 6107288 Dixie Beach 59 , 571 10 , 750 48 , 821 59 , 571 6107290 Bayview at the Township 83 , 127 83 , 127 83 , 127 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 002 Subcontractor 510910 , 156 8 , 289 , 318 43 , 6200838 25 , 1141750 - 261795 , 406 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 00060 Ranger Construction - South 711084 , 604 18 , 292 , 406 52 , 792 , 198 39 , 076 , 936 - 32 , 007 , 668 2011 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# x'40180 Fels 24, 2011 EntityIVarrtea RANGER CONSTRUCTION INDUSTRIES, INC. Secretary of State Current Principal Place of Business : New Principal Place of Business: 101 SANSBURY'S WAY WEST PALM BCH , FL 33411 Current Mailing Address : New Malling Address; 101 SANSBURY'S WAY WEST PALM BCH, FL 33411 FEI Number: 592098662 FEI Number Applied For ( $ FEI Number Not Applicable�� I i CBi1itECai® OS Status ®eSIP®d Name and Address of Current Registered Agent: Nartte and address ®f New Registered Agerlto BROWNING , DOUGLAS 101 SANSBURYS WAY WEST PALM BEACH , FL 33411 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both , in the State of Florida . SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS : Title: ST Name: BROWNING, DOUGLAS J Address : 101 SANSBURYS WAY CitySt-Zip: WEST PALM BEACH, FI_ 33411 Title: P Name: SLADE , MICHAEL Address: 101 SANSBURYS WAY City-St-Zip: W PALM BCH. , FL 33411 Title: EVP Name: SCHAFER , ROBERT Address: 101 SANSBURYS WAY City-St-Zip: WEST PALM BEACH, FL 33411 : P Name: NE p� Address : O EL$QC WAY Ci ip: WINTER GA L 34787 Title: CD Name: VECELLIO, LEO A JR Address: 101 SANSBURY'S WAY City-St-Zip: WEST PALM BEACH, FL 33411 Title: VP Name: CORREA, MIGUEL G Address : 101 SANSBURYS WAY City-St•Zip: WEST PALM BEACH, FL 33411 1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath ; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DOUGLAS BROWNING ST ^2/2412011 Electronic Signature of Signing Officer or Director Date W , ` Ranger Ilndustries , Inc . I I I i v ¢I CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF RANGER CONSTRUCTION INDUSTRIES , INC , RESOLVED , that Scott Fowler, Assistant Secretary , be authorized to sign any bid documents , contracts , leases and other documents considered to be "in the ordinary k course " of this Corporation ' s business for the North division . This authorization does not include "major decisions " including , but not limited to , potential business acquisitions or dispositions greater than $ 3 million, major restructurings , distributions greater than $ 1 million, windups , mergers , liquidations , the sale of a portion of the business , or any other decision other than "in the ordinary course . " The foregoing is a true and correct copy of the resolution adopted by Ranger Construction Industries , Inc . , at a meeting of its Board of Directors on the 1St day of July , 2010 and is still in force and effect . This authorization has been affirmed as of this day , May 5th , 2011 , by the Secretary and i Treasurer of Ranger Construction Industries , Inc . . i I Dougla"s Browning Secretary - Treasurer - , ' 1 jr pill pptOpp 7 ;; 4 r WILI 1 v� i C Central Division Office & Company Headquarters : 101 Sansbury ' s Way, West Palm Beach , Florida 33411 Corporate Mailing Address : P. O . Box 15065 , West Palm Beach , Florida 33416 • www. RangerConstruction . com Phone : ( 561 ) 793 - 9400 • Toll -free : ( 800 ) 969 - 9402 ^ Fax : ( 561 ) 790 -4332 Indian River County •� Purchasing Divisionlmq A z 1800 27t '' Street Vero Beach , FL 32960, Phone ( 772 ) 2264416 Fax ( 772 ) 770-5140 LQRI�� ADDENDUM NO , 1 Date : June 4, 2012 Project Name : 27th Avenue Milling and Resurfacing ( Oslo Road to SR60 ) BID NO . 2012029 PROJECT NO . 0391 Bid Opening Date : Wednesday , June 13 . 2012 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 of and shall be attached to the subject Bidding Requirements and Contract Documents , 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 . PLEASE NOTE THAT ANY FURTHER QUESTIONS RECEIVED PRIOR TO THE DATE OF OPENING BIDS WILL NOT BE ANSWERED . The subject addendum is generated to change/ clarify the Contract Documents and Plans and address questions/clarifications by plan holders : 1 . All excess asphalt millings generated from the project shall become the property of Indian River County . The contractor shall deliver the asphalt millings to a designated area at Indian River County Road and Bridge Division , 4550 41 " Street, Vero Beach , Florida . The contractor is permitted to utilize asphalt millings for temporary driveway tie - ins , can be used to be mixed with subgrade to create stabilized subgrade , and for daytime maintenance of traffic . ADDENDUM No . 1 Page Two Date . June 4, 2012 Project Name : 27th Avenue Milling and Resurfacing ( Oslo Road to SR60 ) BID NO . 2012029 PROJECT NO , 0391 Bid Opening Date . Wednesday, June 13 , 2012 at 2 : 00 p . m . * * * * * * This Addendum MUST be Completed and returned with your Bid * * * * * * ADDENDUM NO . 1 is submitted y Christop Wafer, unty Engineer Jerry Davis, Purchasing Manager Company Name k 617 Or C v� srrac f) cn �1nO� 1nC Name : /yi /,/ 4 ��✓Q ►� Title : %,?s �; , r& creAry ( Type / Printed ) Authorized Signature : � � Date : Telephone : X02 - `/v� �/- �Y�o Fax : 7a " %� � lf's" q ETublic WOIksTNGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\ADDENDUM No . I \Addendum No . 1 06- 04 - 12. doc BOARD OF COUNTY COMMISSIONERS gtvElp r OR July July 3 , 2012 Ranger Construction Ind . , Inc . Attn : Mr. Scott Fowler 4510 Glades Cut-off Road Fort Pierce , FL 34981 NOTICE OF AWARD Reference: Indian River County Bid No. 2012029 27"h Avenue Milling & Resurfacing (Oslo Road to S. R. 20) Dear Mr. Fowler : I am pleased to inform you that on July 3 , 2012 , the Board of County Commissioners awarded the above -referenced project to your company. In accordance with section 255 . 05 ( 1 ) (a) , Florida Statutes , you are required to execute a Public Construction Bond for the above referenced project . The following documents are required before the applicable County department can issue a "Notice to Proceed" letter : 1 . Public Construction Bond in the amount of 100 % of the contract amount. ($ 1 ,293 , 157 .53) . 2 . Certificate of Insurance, must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 3 . Two Signedpies of Enclosed Agreement . Please execute both copies of the enclosed Agreement and return them together with the required Bond and Certificate of Insurance to this office at the address provided below no later than July 18, 2012 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . Thank you for your prompt attention and if you have any questions , please do not hesitate to contact this office . Sincerely, Jerry Davis , Purchasing Manager cc: Christopher R. Mora, P. E. , Public Works Director Office of Management and Budget • Purchasing Division 1800 27 " Street, Vero Beach , Florida 32960•(772) 2264416 • Fax : (772) 770-5140 E - mail : urchasing(d) ircaov. com SECTION 00520 - Agreement ( Public Works ) THIS AGREEMENT is by and between INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER ) \ and c- � S � N ��JG . ( hereinafter c, led 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 proposed improvements to 27th Avenue consist of milling and resurfacing both northbound and southbound lanes from Oslo Road to S . R . 60 to include signing and marking of the resurfaced lanes . Also included with the project will be intersection improvements at 27th Avenue and 5th Street S .W . 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 : 27th Avenue Milling & Resurfacing ( Oslo Road to S . R . 60 ) Bid Number : 2012029 County Project Number : 0391 Project Address : 27th Avenue Indian River County , Florida . ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER ' s representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents , ARTICLE 4 - CONTRACT TIMES 4 . 01 Time of the Essence A . All time limits for Milestones , if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Days to Achieve Substantial Completion, Final Completion and Final Payment A . The Work will be substantially completed on or before the 180th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General 2012029 Agreement 00520 - 2 F \Purchasing\Bids\2011 -2012 FY (2012000)\2012029 27th Ave Milling and Resurfacing12012029 Agreement . doc Conditions , and completed and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 210th day after the date when the Contract Times commence to run . B . The Work will be fully completed ( Final Completion ) and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 210th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions . 4 . 03 Liquidated Damages A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) , CONTRACTOR shall pay OWNER $ 1 , 148 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Substantial Completion until the Work is substantially complete . After Substantial Completion , if CONTRACTOR shall neglect , refuse , or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER $ 1 , 148 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for completion and readiness for final payment until the Work is completed and ready for final payment . ARTICLE 5 = CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . 6 , below : A . For all Work , at the prices stated in CONTRACTOR ' s Bid , attached hereto as an exhibit . B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : : S3 Numerical Amount : $ 0A, It \ S1 . Written Amount : 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 . 2012029 Agreement 00520 - 3 F9Purchasingl ids12011 -2012 FY (2012000)12012029 27th Ave Milling and Resurfacing12012029 Agreement. doe 6 . 02 Progress Payments. A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent ( 5 % ) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( b ) , fifty percent ( 50 % ) completion means the point at which the County as OWNER has expended fifty percent ( 50 % ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents . 6 . 03 Pay Requests. A . Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR ' S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor , services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c ) ( 2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 6 . 04 Paragraphs 6 . 02 and 6 . 03 do not apply to construction services work purchased by the County as OWNER which are paid for , in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 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 2012029 Agreement 00520 - 4 F. \Purchas ng\Bids12011 -2012 FY (2012000)12012029 27th Ave Milling and Resurfacing\2012029 Agreement doc other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however , final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond . ARTICLE 7 - INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions to the Construction Contract , ARTICLE 8 - CONTRACTOR ' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A . CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents . B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost , progress , and performance of the Work . D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions and (2 ) reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions , E . CONTRACTOR has obtained and carefully studied ( or assumes responsibility for having done so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions ( surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any , expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the 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 . 2012029 Agreement 00520 - 5 F \Purchasing\Bids\2011 -2012 FY (2012000)\2012029 27th Ave Milling and Resurfacing\2012029 Agreement. doc H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 9 - CONTRACT DOCUMENTS 9 . 01 Contents A . The Contract Documents consist of the following : 1 . This Agreement ( pages 1 to 8 , inclusive ) ; 2 . Notice to Proceed ( page 00550- 1 ) 3 , Public Construction Bond ( pages 00610- 1 to 00610- 3 , inclusive ) ; 4 . Sample Certificate of Liability Insurance ( page 00620. 1 ) ; 5 . Contractor Application for Payment ( pages 00622 - 1 to 00622 -6 , inclusive ) ; 6 . General Conditions ( pages 00700- 1 to 00700 -43 , inclusive ) ; 7 . Supplementary Conditions ( pages 00800- 1 to 00800- 10 , inclusive ) ; 8 . Specifications as listed in the table of contents of the Project Manual ; 9 . Drawings consisting of a cover sheet and sheets numbered 1 through 7 , informational sheets numbered 35 through 66 and Intersection improvement sheets numbered I - 1 through 1 - 10 inclusive , M1 through M15 inclusive , with each sheet bearing the following general title : 27 (h Avenue ; 10 . Addenda ( numbers to inclusive ) ; 11 . Appendices to this Agreement (enumerated as follows ) : Appendix A — Permits 12 , CONTRACTOR ' S BID ( pages 1 to 8 , inclusive ) 13 . Bid Bond ( pages 1 to 4 , 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 ) 2012029 Agreement 00520 - 6 F \PurchasingOds\2011 -2012 FV (2012000)\2012029 27th Ave Milling and Resurfacing\2012029 Agreement doc 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 : 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 . 2012029 Agreement 00520 - 7 F \Purchasing\Bids\2011 -2012 FY ( 2012000)\2012029 27th Ave Milling and Resuriacing\2012029 Agreement. 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 Toi - ' 201 ,; ,. (the date the Contract is approved by the Indian River County Board of C6 my Commissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : INDIAN RIVER COUNTY cmJ 1 ' , S -N� C . • •�• ■ MN xxNA MIS S 10 By : _ �' By : Peter D . O ' Brya/n , Vice- Chai ( Co r tor) By : (f ' . = - -'1 . T ( CORPORATE SEAL) seph AiBafird , County Administiaror t •�� a. %p' ' • • . . . . . . . . .: , :Attest 1 •'�•.�AN R P1ER �\ APPROVED AS TO FORM AND LEGAL SUFFI I�FNCY : ; By/117,/ � ,E Alan S . Polackwich , Sr . , County Attorney Address for giving notices : Jeffrey R . Smith , Cl ' rk of Cort and omptroller License No . BVI ( Where applicable ) eput Cler ( 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 : Vero Beach , Florida 32960 Address : ( 772 ) 226 - 1221 Facsimile : ( 772 ) 778 - 9391 Phone : Facsimile : ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) " * END OF SECTION 2012029 Agreement 00520 - 8 F .\Purchasing\Bids\2011 -2012 FY (2012000 )\2012029 271h Ave Milling and Resurfacing\2012029 Agreement. doc SECTION 00550 - Notice to Proceed Dated [ Certified Mail -- Return Receipt Requested ] TO : ( BIDDER) ADDRESS : Contract For : 27th Avenue Milling and Resurfacing ( Oslo Road to S . R . 60 ) IRC Project No : 0391 IRC Bid No . 2012029 You are notified that the Contract Times under the above contract will commence to run on By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated 180 days for Substantial Completion of this project and 210 days for Final Completion . In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . Also , before you may start any Work at the Site , you must : (add other requirements , if applicable) INDIAN RIVER COUNTY ( OWNER) By : (AUTHORIZED SIGNATURE) (TITLE) 00550 - Notice to Proceed REV 1 -4- 11 . doc 00550 - 1 F :\Pubic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00550 - Notice to Proceed REV 1 -4-11 . doc Rev. 05/01 Public Work F. S. Chapter 255.05 (1) (a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 2SS.OS OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 2SS.05(2) OR SECTION 713.23 FLORIDA STATUTES, BOND NO: 105763326 CONTRACTOR NAME: Ranger Construction Industries , Inc. 4949 THIS DOCUMENT HAS BEEN CONTRACTOR ADDRESS: 101 Sansburv's Way RtaCOflDtiDaAl T"�l3LIC RECORDS West Palm Beach , FL 33411 OF INDIAN RIVER COUNTY FL BK : 2691 PGA276 Pagel of 4 07/ 19/2012 at 03 : 01 PM , CONTRACTOR PHONE NO: 561 -793-9400 , RK OF COURT SURETY COMPANY NAME: Travelers Casualty and Surety Company of America One I ower Square, wts SURETY PRINCIPAL Hartford , CT 06783 BUSINESS ADDRESS: 800;X242 -8734 SURETY PHONE NO: OWNER NAME: Board of County Commissioners, Indian River County OWNER ADDRESS: 1800 27th Street Vero Beach , FL 32960 OWNER PHONE NO: 772-226- 1416 OBLIGEE NAME: Of cm t wdm entity is different from the owner, the conhaeting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $ 1 , 293 , 157 . 53 CONTRACT NO: 2012029 Cif applicable) DESCRIPTION OF WORK: 27th Avenue Millinq & Resurfacinq ( Oslo Road to S . R . 20) PROJECT LOCATION: 27th Avenue Milling & Resurfacing (Oslo Road to S . R . 20 ) LEGALDESCRIP'i'ION: 27th Avenue Milling & Resurfacing (Oslo Road to S . R . 20) W applicable) FRONTPAG All other bond pap(s) are denneed subsequent to this pate regardlew of any pale number(s) tint may be printed thereon. 00610 - 2 00610 - Public Construction Bond.doc F114MIc WorWENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW1Admim\C0ntract Documents100610 - Public Construction Bond.doc PUBLIC CONSTRUCTION BOND Bond No . 105763326 (enter bond number) BY THIS BOND , We Ranger Construction Industries , Inc . , as Principal and Travelers Casualty and Surety Company of America , a corporation , as Surety, are bound to Indian River County herein called Owner, in the sum of $ 1 ,293, 157 . 53 , for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally, THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated U _ 2a Iz , between Principal and Owner for construction of 27th Avenue Milling & Resurfacing/Bid No. 2012029 , the contract being made a part of this bond by reference , at the times and in the manner prescribed in the contract; and 2 . Promptly makes payments to all claimants , as defined in Section 255 , 05( 1 ), Florida Statutes , supplying Principal with labor, materials, or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses , damages , expenses , costs, and attorney's fees , including appellate proceedings , that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials fumished under the contract for the time specified in the contract, then this bond is void ; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255. 05(2), Florida Statutes . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond . DATED ON July 12 , 2012 , Ranger Construction Industries; Ir1r Ma�mlfaf F in i I NO gas By Travelers Casualty S ty Company of erica' • . ' , � ' . Y NaSur By noQ, - 4L tt e in F ' - J 00610 - 3 g. 00610 - Public Construdi6o Bond.doc FAPubllc Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00610 - Public Construction Bond.doc WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AW POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelitv and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St . Paul Guardian Insurance Company Attorney - In Fact No. 215719 Certificate No. 0 0 `t 1 3 `t 6 H 1 KNOW ALL MEN BY THESE PRESENTS : That St . Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St . Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualtv and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland , that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa , and that Fidelity and Guaranty Insurance Underwriters , Inc . , is a corporation duly organized under the laws of the State of Wisconsin ( herein collectively called the "CompaniesI and that the Companies do hereby make , constitute and appoint William Phelps i s r a of the City of _ Melbourne State of Florida their true and lawful Attorney( s )- in- Fact , each in their separate capacity if more than one is named above , to sign , execute, seal and acknowledge any and all bonds , recognizances , conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 16th IN WITNESS WHEREOF, the Comp rni }rave caused this instrument to be signed and their corporate seals to be hereto affixed , this day of February UU Z Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insuranceu� Company I4_ coor` ,rmo :SEALSEAL;Tv 'r , State of Connecticut Be : City of Hartford is . GavFry C6Thompson . enior 'ice President 16th February 2012 On this the day of before me personally appeared George bV. Thompson , who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters . All Inc . , St. Paul Fire and Marine Insurance Compam . St . Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety ny ConmpaofmCompany.Aerica , and United States Fidelity and Guaranty Copan v . and that he , as such , being authorized so to do , executed the foregoing instrument for the purposes therein contained by, signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set nmy hand and official seal . 'p TAR My Commission expires the 30th day of June, 2016 . � '0118U� * Marie C . Tetreault . Notan Public 58440 - 6 - 11 Printed in U . S . A . WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authoritv of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters , Inc . , St . Paul Fire and Marine Insurance Company, St . Paul Guardian Insurance Company, St . Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America , and United States i Fidelity and Guaranty Company, which resolutions are now in full force and effect , reading as follows : i RESOLVED, that the Chairman , the President , any Vice Chairman , any Executive Vice President, any Senior Vice President , any Vice President , any Second Vice President , the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys- in - Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company 's name and seal with the Company ' s seal bonds , recognizances , contracts of indemnity, and other writings obligatory in the nature of a bond , recognizance , or conditional undertaking , and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her : and it is FURTHER RESOLVED , that the Chairman , the President , any Vice Chairman , any Executive Vice President , any Senior Vice President or any Vice President mac delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary ; and it is 1 FURTHER RESOLVED , that any bond , recognizance , contract of indemnity, or writing obligatory in the nature of a bond , recognizance , or conditional undertaking shalt be valid and binding upon the Company when ( a ) signed by the President , any Vice Chairman, any Executive Vice President , any Senior Vice President or any Vice President, any Second Vice President , the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company ' s seal by a Secretary or Assistant Secretary ; or ( b ) duly executed ( under seal , if required) by one or more Attorneys-in - Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority : and it is FURTHER RESOLVED , that the signature of each of the following officers : President , any Executive Vice President , any Senior Vice President, any Vice President , any Assistant Vice President , any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents , Resident Assistant Secretaries or Attorneys - in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached . ` 1 , Kevin E . Hughes, the undersigned , Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc . , St . Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St . Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies , which is in full force and effect and has not been revoked . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12 Today of I:CLY 20 L. Kevin E. Hughes , Assistant Sec tary 1'� p � 6 C:TV'��40 � � Qo: a ow •' i %�a. . .. . . . . 9i' . ea�� o °c cRaoswgy .` 4S • ' � i, . = c1982p 0 1977 ur�o aY � rF: m /Wf. re, ' \ • avoaq ,SEAL .' et pPNaxrrotm• o nw_ t_poaq `. 6 a � � •. AL , o ' fsw N `r �P kit) I To verify the authenticity of this Power of Attorney. call 1 - 800-421 - 3350 or contact us at www. travelersbond . com . Please refer to the Attorney lit-Faci 'tidm' ' her, the I above - named individuals and the details of the bond to which the power is attached . I ji i f! 1 i r i WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AC "R"® CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DDIY 07 / 16 / 20122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . PRODUCER 1 - 304 - 357 - 4520 CONTACT NAME : George H . Friedlander Co . PHONE FAX _LNC No) : PO Box 2466 E-MAIL ADDRESS : 1566 Kanawha Blvd . S . Charleston , WV 25329 INSURERS AFFORDING COVERAGENAICf! INSURER A : Travelers Property Casualty Company of INSURED INSURER B : Travelers Property Casualty Company ~ Ranger Construction Industries , Inc . Travelers Insurance INSURER C : _ PO Box 15065 INSURER D : West Palm Beach , FL 33416 - 5065 INSURERE : INSURER F : COVERAGES CERTIFICATE NUMBER : 28316110 REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS , ADDIPOLICY EXP LTR TYPE OF INSURANCE INSR i W D POLICY NUMBER MM/DDY/YYYY) (MMIDD/YYYYI LIMITS A GENERAL LIABILITY CO - 5807B217 - 12 04 / 01 / 1 04 / 01 / 13 EACH OCCURRENCE $ 1 , 000 , 000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 500 , 000 CLAIMS-MADEC�i OCCUR MED EXP (Any one person) $ 10 , 000 j X Contractual Liability PERSONAL BADV INJURY 'I $ 1 , 000 , 000 GENERAL AGGREGATE �� $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 POLICY X PRO LOC $ B AUTOMOBILE LIABILITY CAP - 58078186 - 12 1 1 1 COMBINED SINGLE LIMIT 180001000 Ea accidenl� ! $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) ,, $ AUTOS AUTOS IPROPERTY DAMAGE X NON-OWNED i HIRED AUTOS X AUTOS Per accident) $ A X UMBRELLALIAB - X OCCUR CDP - 5807B198 - 12 04 / 01 / 1 04 / 01 / 13 EACH OCCURRENCE $ 3 , 000 , 000 r EXCESS LIAB ICLAIMS-MADE ! r L AGGREGATE $ 3 , 000 , 000 DED RETENTION $ $ C WORKERS COMPENSATION DB - 6339B488 - 12 04 / 01 / 1 04 / 01 / 13 ' X ' �RYT MIT OTH- AND EMPLOYERS' LIABILITY Y / N B__ ANY PROPRIETOR/PARTNER/EXECUTIVE E� L. EACH ACCIDENT _$ 1 , 000 , 000 OFFICER/MEMBER EXCLUDED? N N / A ----- (Mandatory in NH ) If yes , describe under EA E . L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 F---- SEA DESCRIPTION OF OPERATIONS below E . L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES Attach ACORD 101 Additional Remarks Schedule if mores ace is required) Certificate Holder is an Additional Insured but only with respect to work conducted by the insured and at the specified project . Project : 27th Avenue Milling & Resurfacing , From Oslo Road to SR 20 ; Contract No . 2012029 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 1801 27th Street AUTHORIZED REPRESENTATIVE Vero Beach , FL 32960 - 3388 USA © 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD klaplante 28316110 SECTION 00622 - Contractor' s Application for Payment 27th Avenue Milling and Resurfacing ( Oslo Road to S . R . 60 ) Application for Payment No . For Work Accomplished through the period of through To : Indian River County ( OWNER ) From : ( CONTRACTOR ) Bid : 2012029 Project : 0391 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or -) : $ 3 . Current Contract Price ( 1 plus 2 ) : 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : of completed Work : $ of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7 ) . $ CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; ( 2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , below ; ( 3) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances ( except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective ; and ( 5 ) If this Periodic Estimate is for a Final Payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , ( Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Attached to or submitted with this form are : 1 . Signed release of lien forms ( partial or final as applicable) from all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , together with an explanation as to why any release of lien form is not included ; 00622 - Contractor' s Application for Payment - 03- 10 rev. doc 00622 - 1 IF \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWV\dmim\Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev doc Rev. 05/01 Page 2of6 2 . Updated Construction Schedule per Specification Section 01310 , and Dated By . ( CONTRACTOR — must be signed by an Officer of the Corporation ) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared who being by me first duly sworn upon oath , says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it , and that he/she executed the above Contractor' s Application for Payment and Contractor' s Certification statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct , and complete . Subscribed and sworn to before me this day of 120 is personally known to me or has produced as identification . NOTARY PUBLIC : ( SEAL ) Printed name : Commission No . : Commission Expiration : **************************************************************************************************** [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev. 05/01 Page 3 of 6 SURETY ' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , , a corporation , in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR ' s APPLICATION FOR PAYMENT . TO BE EXECUTED BY CORPORATE SURETY : Attest : Secretary Corporate Surety Business Address BY : Print Name : Title : (Affix Corporate SEAL ) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared , to me well known or who produced as identification , who being by me first duly sworn upon oath , says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment . Subscribed and sworn to before me this day of 20 Notary Public , State of My Commission Expires : **************** ********************************************************************************* *** [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 3 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev . doc Rev. 05/01 Page 4 of 6 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and /or material supplied by the Contractor . I am not certifying as to whether or not the Contractor has paid all subcontractors , laborers , materialmen and suppliers because I am not in a position to accurately determine that issue . Dated SIGNATURE CERTIFICATION OF INSPECTOR , 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] 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 4 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev .doc Rev. 05/01 Page 5 of 6 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid ( attach additional pages as necessary) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release of lien form ( partial or final as applicable) is not included with this Pay Request , together with an explanation as to why the release of lien form is not included ( attach additional pages as necessary) : 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 5 F :\Pubic, Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW Admim\Contract Documents\00622 - Contractor's Application for Payment - 03- 10 rev.doc Rev. 05/01 PROJECT NAME : 27th Ave Milling & Resurfacing ( Oslo Road to S . R . 60 ) Project No . 0391 Payment Application No . • - • IT11:111 aim PREVIOUS BALANCE TO SCHEDULED VALUE APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS FINISH Item No. Description Unit Quantity Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL ... .. l 6INDIAN» C F t .: ININ . ..n , c i. ' IINi : :. .., . . ` = .m� _ SUBTOTAL SUBTOTAL 0. 00 0.00 0.00 0. 00 0. 00 0 . 00 IN IN ,. FORCE ACCOUNT 1 LS IN IN ,. ,In nNnnn IzNN , % ;� GRAND TOTAL TOTAL 0. 00 IN AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0.00 SUB—TOTAL MATERIALS STORED AND COMPLETED TO D DATE $0.00 G) M RETAINAGE AT 10% $0.00 0 0 TOTAL COMPLETED AND STORED LESS RETAINAGE $0.00 N ^' LESS PREVIOUS PAYMENT $0.00 o� AMOUNT DUE CONTRACTOR $0.00 F : \ Public Works\ ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00622 -Contractor ' s Application for Payment Spreadsheet Example . doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance : 120 OWNER : Indian River County CONTRACTOR : Bid No . : 2012029 Project : 27� ue Milling and Resurfacing ( Oslo Road to S . R . 60 ) ENGINEER ' s Project No . 0391 CONTRACT FOR : 27th Avenue Milling and Resurfacing ( Oslo Road to S . R . 60) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To * CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion REV 04-07 . doc 00630 1 F . \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00630 - Certificate of Substantial Completion REV 04-07 . doc The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : CONTRACTOR : The following documents are attached to and made a part of this Certificate : (For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on : ( Date ) . ENGINEER : By : (Authorized Signature ) CONTRACTOR accepts this Certificate of Substantial Completion on ( date ) . CONTRACTOR : By : (Authorized Signature ) OWNER accepts this Certificate of Substantial Completion on ( date ) . OWNER : INDIAN RIVER COUNTY By : (Authorized Signature ) * * END OF SECTION 00630 - Certificate of Substantial Completion REV 04-07 . doc 00630 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00630 - Certificate of Substantial Completion REV 04-07 . doc SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT) PROJECT NAME : 27TH AVENUE MILLING AND RESURFACING ( OSLO ROAD TO S . R. 60 ) IRC PROJECT NO : 0391 STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 20 , enter into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents , 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents , 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below . 00632 - 1 F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWAdmim\Contract Documents\00632 - Contractor's Final Certification REV 04-07 . doc 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 . ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this _ day of 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632 -2 F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00632 - Contractor's Final Certification REV 04-07 . doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER ' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by : ( Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project : PROJECT NAME : 27th Avenue Milling and Resurfacing ( Oslo Road to S . R. 60 ) INDIAN RIVER COUNTY PROJECT # 0391 1 FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below . [Attach additional sheets as necessary] ( SURVEYOR ' S SEAL ) CERTIFIED BY : Printed Name : Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper : Company Name : Company Address : Telephone Number: 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07. doc 00634 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWVadmim\Contract Documents\00634 - Professional Surveyor and Mapper' s Certification as to Elevations and Locations of the Work REV 04-07 . doc Rev . 06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright © 1996 National Society of Professional Engineers 1420 King Street , Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N .W . , Washington , DC 20005 American Society of Civil Engineers 345 East 47th Street , New York , NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 Now DEFINITIONS AND TERMINOLOGY . , , 1 EGEMMS5 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 , . . . . . . . . . . . . . 0 1 1 1 1 1 1 1 1 . l 6 0 0 0 1 a a I p m 0 1 0 0 0 0 0 0 0 w I I I I I I I I I 1 7 ARTICLE2 Now PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents , I I . I I I I I I I I I 1 6 1 * 0 0 4 1 1 1 1 1 1 1 1 1 1 1 0 0 w w w e a a a 0 0 1 a 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 * 4 4 0 0 1 a 0 a a I I a a 0 8 2 . 03 Commencement of Contract Times; Notice to Proceed . . . . . , . " , . , " . . . . . . . . . . . . . . . . a 0 0 0 0 1 a a a a a a I I I a I a a 0 0 . . . . . . . 8 2 . 04 Starting the Work . . . 0 1 0 0 1 1 1 1 1 1 1 1 1 1 1 1 0 d I I I I I I I I I I I I a a a a a a I a V a 0 0 4 a I I I I I I I a I I I I I I I I a w I I I a 1 0 1 0 1 0 0 0 0 1 1 1 q 0 1 1 1 1 1 1 . . . I I I I I I I w w 0 w I I 1 0 1 * I a a I a I I I 1 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . 1 1 1 1 . . . . . . . . . e NN049 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 Now AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 03 Differing Subsurface or Physical Conditions . . 1 0 0 1 1 1 1 1 1 1 1 1 1 1 1 No 6 , a 0 a . . . . . . . . a 1 0 0 0 0 W 1 0 # a a 0 0 0 . . . . . . . . . . . . . 4 , 0 1 4 0 1 1 0 1 1 1 1 1 1 1 1 0 0 0 w w w 0 4 11 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . , . . . . . . . . . . % . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . 0014 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 04 CONTRACTOR 'S Liability Insurance . , , , ' . . . . " " , I * * IwIIIl . . . . . . . . . . . . . . . . 015 5 . 05 OWNER 's Liability Insurance , , " , ' , , , , , 111111111111111111040111 16 5 . 06 Property Insurance . . . , . . . . , . . . . . . . . . . . . . . . . . . . . 16 5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 08 Receipt and Application of Insurance Proceeds " . . . . " , ' , " " , ' , , Now 17 5 . 09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . I 1 18 5 . 10 Partial Utilization, Acknowledgment of Property Insurer, I I . . . . . . . 0 a a a 0 1 1 % % a a E . . . . . 0 , 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 04 Progress Schedule , ' , , . . . . , , * * " , ' , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Now . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 05 Substitutes and "Or-Equals ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 00700 - General Conditions REV 04 -07 . doc 00700 - 2 E. APublic Wor<s\ENG IN EERING DIVISION PROJECTSV0IQI 27th Ave a 5th St S W\AdmimVContract DocumentsV00700 - (ieneral Conditions REV 04-07 doc 6 . 08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ME , . . . . . . . . . . . . . 21 6 . 09 Laws and Regulations . , , , , , . , , ' , , . Image end sommmod 64 sommooffiffiN22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 18 Continuing the Work . . I I I I I I I I I 1 0 0 1 1 . . . . . . . . . . . . 6 0 0 4 s a a a a a 0 0 0 0 0 0 a & 0 , 0 . . . . . . . . . . . . . . . * 4 0 0 . . . . . . . . a 0 0 0 0 0 a & a 9 * 0 a a a . . . . . . . . . . 0 0 . . . 0 a I a a 0 0 a 0 a 0 a 0 a 2 5 6 . 19 CONTRACTOR 's General Warranty and Guarantee . . . . . " , " " 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE8 - OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 02 Replacement of ENGINEER " , ' , , . . . . . 6000 , 11 , 1111 , 11111 * 6441411 1111116m000m , 0 # 40 . . . . . . . . . . . . . . . goes . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 06 Rejecting Defective Work . . 4 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 4 d 0 1 0 V I I I I I I I I 1 0 9 0 1 1 1 1 0 1 1 1 1 1 1 1 1 0 0 1 1 1 1 1 1 1 1 1 a & 4 b a 0 0 0 0 0 0 a 0 0 a , b a 9 4 6 . . . . . . . . . a 6 a 0 0 9 0 . . . . . . . . 0 a a % 0 a 0 a 28 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 03 Execution of Change Orders . . " . . . . . . . . . . . . . . 0 0 0 0 . . . . . . . . . . . 0 . . . . . . . . . . . . . . 029 10 . 04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE 11 - COST OF THE WORK ; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111110 . 30 11 . 01 Cost of the Work. . . " , , . " " . , . . . . . . . . . . . . . . . a ft b a & a a 0 0 a 0 a E 0 P . . . . . . . . . . . . . . . . . . 0 , 30 11 . 02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 00700 - General Conditions RFV 04-07 . doc 00700 - 3 FTublic Works\ENGINEERING DIVISION PROJECTSV0391 -27th A, c at 5th St SWVAdmitnVContract DocumentsV00700 - General Conditions REV 04-07 . doc 12 . 01 Change of Contract Price . . I 1 111 . 00 , 11 , 1 dos , * , " I ' ll , 11111massmams mumosoo , 01111 111111111111111111111111sam bmw ME Fmammom . . . . . . . 33 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 03 Delays Beyond CONTRACTOR 's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK , 1 4 1 1 1 1 1 1 1 1 1 1 1 1 a 0 0 a a a 0 0 a a a a a a 0 1 1 1 a a 0 0 1 1 1 1 1 1 1 1 1 1 1 1 W 1 1 6 1 0 1 b a I I I I I I I I I I I I I I I I I a 0 0 a p p 9 0 0 4 1 1 1 1 1 a a a m 0 a E 0 a & 0 a a a a I I a a a 0 0 1 1 1 1 1 1 1 1 0 0 0 a 0 0 0 0 a 6 3 5 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 04 Uncovering Works . . . . . " , " " , . . , . . . . . . . . . . . . . . . 4 a 0 a 4 0 a 0 a a 0 0 0 a a . . . . . . . * * see . . . . . . . . . . . . . . . . 06 * 000000 * 0 . . . . . . . . . . . . . . . . . . do ' s . . . . . . . . . . . . . . . . . 35 13 . 05 OWNER May Stop the Work1 . 1 . 111 . 111101100op " I ' ll . . . . . . . . . . . 4 , 09036 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 09 OWNER May Correct Defective Work . . " . , . . . . . . . . . . . . . . . . 111 * 40 * 00smas smoob " 37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 14 . 02 Progress Payments . . . " , " " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lbse * 461411 11GS66037 14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ARTICLE16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 17 . 03 Cumulative Remedies , . . " 11111111600M MENEM * . . . 0 . . . . . . . . . . . . . . so 0 . . . % " 43 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 17 . 05 Controlling Law . . . 6 a 0 a 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 019011 , 43 00700 - General Conditions REV 04-07 . doc 00700 - 4 F VPublic Works\ENGINEERING DIVISION PROIECISV0391 -27th Ave at 5th St SWVAdninVContract DocumentsV00700 - General Conditions REV 04-07 . doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times , or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract . A demand for money or services by a third party is not a A . Wherever used in the Contract Documents Claim . and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof, written agreement between the OWNER and CONTRACTOR concerning the Work . The Contract 1 . Addenda--Written or graphic instruments supersedes prior negotiations , representations , or issued prior to the opening of Bids which clarify, agreements , whether written or oral . correct , or change the Bidding Requirements or the Contract Documents , 12 , Contract Documents--The Contract Documents establish the rights and obligations of the 2 . Agreement--The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents ) , CONTRACTOR's CONTRACTOR covering the Work . Bid ( including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award ) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds , these CONTRACTOR during the course of the Work in General Conditions , the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents , with all Written Amendments , Change Orders , Work Change Directives , Field Orders , and ENGINEER's 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement . Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents , Files 5 . Bid--The offer or proposal of a bidder in electronic media format of text , data , graphics , and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents , 6 . Bidding Documents--The Bidding 13 , Contract Price--The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the ( including all Addenda issued prior to receipt of Bids ) . Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7 . Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work ) . Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14 . Contract Times--The number of days or with any supplements . the dates stated in the Agreement to : ( i ) achieve Substantial Completion ; and ( ii ) complete the Work so 8 . Bonds-- Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER's written recommendation of final pay- ment . 9 . Change Order--A document recommend - ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR--The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement . revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work--See paragraph 11 . 01 . A Effective Date of the Agreement . for definition . 00700 - General Conditions REV 04 -07 . doc 00700 - 5 F .APubhc Works\ENGINEERING DIVISION PROJECTSV0391 -37th Ave at 5th SI SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc 17 . Drawings--That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by ENGINEER tion of all the Work . which graphically shows the scope , extent , and character of the Work to be performed by 28 . Notice of Award--The written notice by CONTRACTOR . Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined . bidder with the conditions precedent listed therein , OWNER will sign and deliver the Agreement . 18 . Effective Date of the Agreement--The date indicated in the Agreement on which it becomes 29 . Notice to Proceed--A written notice given effective , but if no such date is indicated , it means the by OWNER to CONTRACTOR fixing the date on date on which the Agreement is signed and delivered which the Contract Times will commence to run and by the last of the two parties to sign and deliver . on which CONTRACTOR shall start to perform the Work under the Contract Documents , 19 . ENGINEER--The individual or entity named as such in the Agreement . 30 . OWNER--The individual , entity, public body, or authority with whom CONTRACTOR has 22n EAAIGINEERI s Gen ultant Oh i ndi vidual G entered into the Agreement and for whom the Work is entity having a contract with ENGINEE rnish to be performed , services as ENGINEER's inri ent professional associate or consult I respect to the Project and 31 . Partial Utilization--Use by OWNER of a who is ed as such in the Supplementary substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose ) prior to Substantial Completion of all the Work . 21 , Field Order--A written order issued by ENGINEER which requires minor changes in the 32 . PCBs--Polychlorinated biphenyls . Work but which does not involve a change in the Contract Price or the Contract Times , 33 . Petroleum--Petroleum , including crude oil or any fraction thereof which is liquid at standard 22 . General Requirements--Sections of conditions of temperature and pressure (60 degrees Division 1 of the Specifications . The General Fahrenheit and 14 . 7 pounds per square inch Requirements pertain to all sections of the Specifica- absolute ) , such as oil , petroleum , fuel oil , oil sludge , oil tions , refuse , gasoline , kerosene , and oil mixed with other non - Hazardous Waste and crude oils . 23 . Hazardous Environmental Condition--The presence at the Site of Asbestos , PCBs , Petroleum , 34 . Project--The total construction of which Hazardous Waste , or Radioactive Material in such the Work to be performed under the Contract quantities or circumstances that may present a Documents may be the whole , or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents . thereto in connection with the Work . 35 . Project Manual--The bound documentary 24 . Hazardous Waste--The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section Work . A listing of the contents of the Project Manual , 1004 of the Solid Waste Disposal Act (42 USC which may be bound in one or more volumes , is Section 6903 ) as amended from time to time , contained in the table(s ) of contents . 25 . Laws and Regulations; Laws or Regulat- 36 , Radioactive Material--Source , special ions--Any and all applicable laws , rules , regulations , nuclear , or byproduct material as defined by the ordinances , codes , and orders of any and all govern - Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies , agencies , authorities , and courts seq . ) as amended from time to time , having jurisdiction . 37 . Resident Project Representative--The 26 . Liens--Charges , security interests , or authorized representative of ENGINEER who may be encumbrances upon Project funds , real property, or assigned to the Site or any part thereof, personal property . 38 . Samples--Physical examples of 27 . Milestone--A principal event specified in materials , equipment , or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 00700 - General Conditions REV 04-07 . doc 00700 - 6 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc establish the standards by which such portion of the 47 . Unit Price Work--Work to be paid for on Work will be judged , the basis of unit prices . 39 . Shop Drawings--All drawings , diagrams , 48 . Work--The entire completed construction illustrations , schedules , and other data or information or the various separately identifiable parts thereof re- which are specifically prepared or assembled by or for quired to be provided under the Contract Documents . CONTRACTOR and submitted by CONTRACTOR to Work includes and is the result of performing or illustrate some portion of the Work , providing all labor , services , and documentation necessary to produce such construction , and 40 . Site--Lands or areas indicated in the furnishing , installing , and incorporating all materials Contract Documents as being furnished by OWNER and equipment into such construction , all as required upon which the Work is to be performed , including by the Contract Documents . rights-of-way and easements for access thereto , and such other lands furnished by OWNER which are 49 . Work Change Directive--A written designated for the use of CONTRACTOR . statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by 41 . Specifications--That part of the Contract OWNER and recommended by ENGINEER ordering Documents consisting of written technical descriptions an addition , deletion , or revision in the Work , or of materials , equipment , systems , standards , and responding to differing or unforeseen subsurface or workmanship as applied to the Work and certain physical conditions under which the Work is to be administrative details applicable thereto , performed or to emergencies . A Work Change Directive will not change the Contract Price or the 42 . Subcontractor--An individual or entity Contract Times but is evidence that the parties expect having a direct contract with CONTRACTOR or with that the change ordered or documented by a Work any other Subcontractor for the performance of a part Change Directive will be incorporated in a subse- of the Work at the Site . quently issued Change Order following negotiations by the parties as to its effect , if any, on the Contract Price 43 . Substantial Completion--The time at or Contract Times . which the Work (or a specified part thereof) has progressed to the point where , in the opinion of 50 . Written Amendment--A written statement ENGINEER , the Work ( or a specified part thereof) is modifying the Contract Documents , signed by sufficiently complete , in accordance with the Contract OWNER and CONTRACTOR on or after the Effective Documents , so that the Work (or a specified part Date of the Agreement and normally dealing with the thereof) can be utilized for the purposes for which it is nonengineering or nontechnical rather than strictly intended . The terms "substantially complete" and construction- related aspects of the Contract Docu - "substantially completed" as applied to all or part of the ments . Work refer to Substantial Completion thereof. 1 . 02 Terminology 44 , Supplementary Conditions--That part of the Contract Documents which amends or A . Intent of Certain Terms or Adjectives supplements these General Conditions , 1 . Whenever in the Contract Documents the 45 . Supplier--A manufacturer, fabricator, terms "as allowed , " "as approved , " or terms of like supplier, distributor , materialman , or vendor having a effect or import are used , or the adjectives direct contract with CONTRACTOR or with any "reasonable ," "suitable , " "acceptable ," "proper," Subcontractor to furnish materials or equipment to be "satisfactory," or adjectives of like effect or import incorporated in the Work by CONTRACTOR or any are used to describe an action or determination of Subcontractor . ENGINEER as to the Work , it is intended that such action or determination will be solely to evaluate , in 46 . Underground Facilities--All underground general , the completed Work for compliance with pipelines , conduits , ducts , cables , wires , manholes , the requirements of and information in the Contract vaults , tanks , tunnels , or other such facilities or Documents and conformance with the design attachments , and any encasements containing such concept of the completed Project as a functioning facilities , including those that convey electricity, gases , whole as shown or indicated in the Contract steam , liquid petroleum products , telephone or other Documents ( unless there is a specific statement communications , cable television , water , wastewater , indicating otherwise ) . The use of any such term or storm water , other liquids or chemicals , or traffic or adjective shall not be effective to assign to ENGk other control systems . NEER any duty or authority to supervise or direct the performance of the Work or any duty or 00700 - General Conditions REV 04-07 .doc 00700 - 7 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SMAdmim\Contract Documents\00700 - General Conditions REV 04-07 .doc authority to undertake responsibility contrary to the used in the Contract Documents in accordance with provisions of paragraph 9 . 10 or any other provision such recognized meaning , of the Contract Documents , B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 . The word "day' shall constitute a calendar day of 24 hours measured from 2 . 01 Delivery of Bonds midnight to the next midnight . A . When CONTRACTOR delivers the executed C . Defective Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR 1 . The word "defective , " when modifying may be required to furnish . the word "Work , " refers to Work that is unsatisfactory, faulty, or deficient in that it does 2 . 02 Copies of Documents not conform to the Contract Documents or does not meet the requirements of any inspection , A. OWNER shall furnish to CONTRACTOR up reference standard , test, or approval referred to to ten copies of the Contract Documents . Additional in the Contract Documents , or has been copies will be furnished upon request at the cost of damaged prior to ENGINEER's recom - reproduction . mendation of final payment ( unless responsk bility for the protection thereof has been 2 . 03 Commencement of Contract Times; Notice assumed by OWNER at Substantial to Proceed Completion in accordance with paragraph 14 . 04 or 14 . 05 ) . A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- D . Furnish, Install, Perform, Provide ment or, if a Notice to Proceed is given , on the day indicated in the Notice to Proceed . A Notice to Pro- t . ceed may be given at any time within 30 days after the Effective Date of the Agreement . In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement , whichever date is earlier . seR }tfen- 2004 Starting the Work A . CONTRACTOR shall start to perform the Work on the date when the Contract Times com - mence to run . No Work shall be done at the Site prior to the date on which the Contract Times commence to 6168 , run . 2 . 05 Before Starting Construction A. CONTRACTOR 's Review of Contract DI ments: Before undertaking each part of the Work , CONTRACTOR shall carefully study and compare the use . Contract Documents and check and verify pertinent figures therein and all applicable field measurements . 4 . When "furnish , " " install , " "perform , " or CONTRACTOR shall promptly report in writing to " provide" is not used in connection with services , ENGINEER any conflict , error , ambiguity, or materials , or equipment in a context clearly discrepancy which CONTRACTOR may discover and requiring an obligation of CONTRACTOR , shall obtain a written interpretation or clarification from " provide" is implied . ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable E . Unless stated otherwise in the Contract Docu - to OWNER or ENGINEER for failure to report any ments , words or phrases which have a well - known conflict , error , ambiguity , or discrepancy in the technical or construction industry or trade meaning are 00700 - General Conditions REV 04 -07 . doc 00700 - 8 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Adminn\Contract Documents\00700 - General Conditions REV 04-07 .doc Contract Documents unless CONTRACTOR knew or ate will be held to review for acceptability to ENGI - reasonably should have known thereof. NEER as provided below the schedules submitted in accordance with paragraph 2 . 05 . B . CONTRACTOR Be Preliminary Schedules: Within ten days after shall have an additional ten days to make corrections the Effective Date of the Agreement (unless otherwise and adjustments and to complete and resubmit the specified in the General Requirements ) , CONTRAC - schedules . No progress payment shall be made to TOR shall submit to ENGINEER for its timely review : CONTRACTOR until acceptable schedules are submitted to ENGINEER . 1 . a preliminary progress schedule indicating the times ( numbers of days or dates ) 1 . The progress schedule will be for starting and completing the various stages acceptable to ENGINEER if it provides an of the Work , including any Milestones specified orderly progression of the Work to completion in the Contract Documents ; within any specified Milestones and the Contract Times . Such acceptance will not 2 , a preliminary schedule of Shop impose on ENGINEER responsibility for the Drawing and Sample submittals which will list progress schedule , for sequencing , scheduling , each required submittal and the times for sub- or progress of the Work nor interfere with or mitting , reviewing , and processing such relieve CONTRACTOR from CONTRACTOR's submittal ; and full responsibility therefor . 30 a preliminary schedule of values for 2 . CONTRACTOR's schedule of Shop all of the Work which includes quantities and Drawing and Sample submittals will be prices of items which when added together acceptable to ENGINEER if it provides a equal the Contract Price and subdivides the workable arrangement for reviewing and Work into component parts in sufficient detail to processing the required submittals . serve as the basis for progress payments during performance of the Work . Such prices 3 . CONTRACTOR's schedule of values will include an appropriate amount of overhead will be acceptable to ENGINEER as to form and profit applicable to each item of Work . and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work . meJ the Site is started , CONTRACTOR and OWN E all each deliver to the other , with copi o each ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , additional insured identified in t upplementary AMENDING , REUSE Conditions , certificates of urance (and other evidence of insuranc ich either of them or any additional insur may reasonably request) which 3 . 01 Intent CONTRA and OWNER respectively are A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all . 2 . 06 Preconstruction Conference Be It is the intent of the Contract Documents to describe a functionally complete Project (or part there- to run , but before any Work at the Site i rted , a of) to be constructed in accordance with the Contract conference attended by CONTRACT ENGINEER , Documents . Any labor , documentation , services , meemmm and others as appropriate wil held to establish a materials , or equipment that may reasonably be r4 mme inferred from the Contract Documents or from Work and to disc a schedules referred to in para-ZY prevailing custom or trade usage as being required to graph 2 . 05 . , rocedures for handling Shop Drawings produce the intended result will be provided whether and er submittals , processing Applications for or not specifically called for at no additional cost to OWNER . 2 . 07 Initial Acceptance of Schedules C . Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER A. Unless otherwise provided in the Contract as provided in Article 9 . Documents , at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR , ENGINEER , and others as appropri - 00700 - General Conditions REV 04-07 .doc 00700 — 9 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 , doc 3 . 02 Reference Standards B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1 . Except as may be otherwise Regulations specifically stated in the Contract Documents , the provisions of the Contract Documents shall 1 . Reference to standards , specifics - take precedence in resolving any conflict , error , tions , manuals , or codes of any technical ambiguity, or discrepancy between the society, organization , or association , or to Laws provisions of the Contract Documents and : or Regulations , whether such reference be specific or by implication , shall mean the stan - a . the provisions of any standard , dard , specification , manual , code , or Laws or specification , manual , code , or instruction Regulations in effect at the time of opening of (whether or not specifically incorporated by Bids (or on the Effective Date of the Agreement reference in the Contract Documents ) ; or if there were no Bids ) , except as may be otherwise specifically stated in the Contract b , the provisions of any Laws or Documents . Regulations applicable to the performance of the Work (unless such an interpretation of 2 . No provision of any such standard , the provisions of the Contract Documents specification , manual or code , or any instruction would result in violation of such Law or of a Supplier shall be effective to change the Regulation ) , duties or responsibilities of OWNER , CONTRACTOR , or ENGINEER, or any of their 3 . 04 Amending and Supplementing Contract subcontractors , consultants , agents , or employ- Documents ees from those set forth in the Contract Documents , nor shall any such provision or A. The Contract Documents may be amended to instruction be effective to assign to OWNER , provide for additions , deletions , and revisions in the ENGINEER , or any of ENGINEER's Work or to modify the terms and conditions thereof in Consultants , agents , or employees any duty or one or more of the following ways : ( i ) a Written authority to supervise or direct the performance Amendment; ( ii ) a Change Order; or ( iii ) a Work of the Work or any duty or authority to Change Directive . undertake responsibility inconsistent with the provisions of the Contract Documents . B . The requirements of the Contract Documents may be supplemented , and minor variations and 3 . 03 Reporting and Resolving Discrepancies deviations in the Work may be authorized , by one or more of the following ways : ( i ) a Field Order ; ( ii ) A . Reporting Discrepancies ENGINEER's approval of a Shop Drawing or Sample ; or ( iii ) ENGINEER 9s written interpretation or clarifi - 1 . If, during the performance of the cation . Work , CONTRACTOR discovers any conflict , error, ambiguity, or discrepancy within the Con - 3 . 05 Reuse of Documents tract Documents or between the Contract Documents and any provision of any Law or A. CONTRACTOR and any Subcontractor or Regulation applicable to the performance of the Supplier or other individual or entity performing or Work or of any standard , specification , manual furnishing any of the Work under a direct or indirect or code , or of any instruction of any Supplier, contract with OWNER : ( i ) shall not have or acquire CONTRACTOR shall report it to ENGINEER in any title to or ownership rights in any of the Drawings , writing at once . CONTRACTOR shall not Specifications , or other documents (or copies of any proceed with the Work affected thereby (except thereof) prepared by or bearing the seal of in an emergency as required by paragraph ENGINEER or ENGINEER's Consultant, including 6 . 16 . A) until an amendment or supplement to electronic media editions ; and ( ii ) shall not reuse any the Contract Documents has been issued by of such Drawings , Specifications , other documents , or one of the methods indicated in paragraph copies thereof on extensions of the Project or any 3 . 04 ; provided , however , that CONTRACTOR other project without written consent of OWNER and shall not be liable to OWNER or ENGINEER for ENGINEER and specific written verification or failure to report any such conflict, error, adaption by ENGINEER . This prohibition will survive ambiguity, or discrepancy unless CON - final payment, completion , and acceptance of the TRACTOR knew or reasonably should have Work , or termination or completion of the Contract . known thereof. Nothing herein shall preclude CONTRACTOR from 00700 - General Conditions REV 04-07 .doc 00700 - 10 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at Slh St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc retaining copies of the Contract Documents for record upon the general accuracy of the "technical data" purposes . contained in such reports and drawings , but such reports and drawings are not Contract Documents . Such "technical data" is identified in the Supplementa- ARTICLE 4 - AVAILABILITY OF LANDS ; ry Conditions . Except for such reliance on such SUBSURFACE AND PHYSICAL CONDITIONS ; "technical data , " CONTRACTOR may not rely upon or REFERENCE POINTS make any Claim against OWNER , ENGINEER , or any of ENGINEER's Consultants with respect to : 4 . 01 Availability of Lands 1 . the completeness of such reports and drawings for CONTRACTOR's purposes , A . OWNER shall furnish the Site . OWNER shall including , but not limited to , any aspects of the notify CONTRACTOR of any encumbrances or means , methods , techniques , sequences , and restrictions not of general application but specifically procedures of construction to be employed by related to use of the Site with which CONTRACTOR CONTRACTOR, and safety precautions and must comply in performing the Work . OWNER will programs incident thereto ; or obtain in a timely manner and pay for easements for permanent structures or permanent changes in 2 , other data , interpretations , opinions , existing facilities . If CONTRACTOR and OWNER are and information contained in such reports or unable to agree on entitlement to or on the amount or shown or indicated in such drawings ; or extent, if any, of any adjustment in the Contract Price or Contract Times , or both , as a result of any delay in 3 . any CONTRACTOR interpretation of OWNER's furnishing the Site , CONTRACTOR may or conclusion drawn from any "technical data" make a Claim therefor as provided in paragraph or any such other data , interpretations , 10 . 05 , opinions , or information . B . Upon reasonable written request , OWNER 4 . 03 Differing Subsurface or Physical Conditions shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands A. Notice: If CONTRACTOR believes that any upon which the Work is to be performed and subsurface or physical condition at or contiguous to OWNER' s interest therein as necessary for giving the Site that is uncovered or revealed either : notice of or filing a mechanic's or construction lien against such lands in accordance with applicable 1 . is of such a nature as to establish Laws and Regulations , that any "technical data" on which CONTRAC - TOR is entitled to rely as provided in paragraph C . CONTRACTOR shall provide for all additional 4 . 02 is materially inaccurate ; or lands and access thereto that may be required for temporary construction facilities or storage of 2 , is of such a nature as to require a materials and equipment , change in the Contract Documents ; or 4 . 02 Subsurface and Physical Conditions 3 , differs materially from that shown or indicated in the Contract Documents ; or A. Reports and Drawings: The Supplementary Conditions identify : 4 . is of an unusual nature , and differs materially from conditions ordinarily 1 , those reports of explorations and encountered and generally recognized as inher- tests of subsurface conditions at or contiguous ent in work of the character provided for in the to the Site that ENGINEER has used in Contract Documents ; preparing the Contract Documents ; and then CONTRACTOR shall , promptly after becoming 2 , those drawings of physical aware thereof and before further disturbing the conditions in or relating to existing surface or subsurface or physical conditions or performing any subsurface structures at or contiguous to the Work in connection therewith ( except in an emergency Site (except Underground Facilities ) that ENGI - as required by paragraph 6 . 16 . A) , notify OWNER and NEER has used in preparing the Contract ENGINEER in writing about such condition . Documents . CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith B . Limited Reliance by CONTRACTOR on (except as aforesaid ) until receipt of written order to do Technical Data Authorized: CONTRACTOR may rely so . 00700 - General Conditions REV 04-07 .doc 00700 - 11 F :\Public Wcrks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 . doc paragraph 10 . 05 . However, OWNER , B . ENGINEER 's Review: After receipt of written ENGINEER , and ENGINEER's Consultants notice as required by paragraph 4 . 03 .A, ENGINEER shall not be liable to CONTRACTOR for any will promptly review the pertinent condition , determine claims , costs , losses , or damages ( including the necessity of OWNER's obtaining additional but not limited to all fees and charges of exploration or tests with respect thereto , and advise engineers , architects , attorneys , and other OWNER in writing (with a copy to CONTRACTOR) of professionals and all court or arbitration or other ENGINEER's findings and conclusions . dispute resolution costs ) sustained by CONTRACTOR on or in connection with any C . Possible Price and Times Adjustments other project or anticipated project . 1 . The Contract Price or the Contract 4 . 04 Underground Facilities Times , or both , will be equitably adjusted to the extent that the existence of such differing A. Shown or Indicated: The information and data subsurface or physical condition causes an in - shown or indicated in the Contract Documents with crease or decrease in CONTRACTOR's cost respect to existing Underground Facilities at or of, or time required for , performance of the contiguous to the Site is based on information and Work ; subject , however, to the following : data furnished to OWNER or ENGINEER by the owners of such Underground Facilities , including a , such condition must meet any one or OWNER , or by others . Unless it is otherwise more of the categories described in para- expressly provided in the Supplementary Conditions : graph 4 . 03 .A; and 1 . OWNER and ENGINEER shall not b . with respect to Work that is paid for be responsible for the accuracy or com - on a Unit Price Basis , any adjustment in pleteness of any such information or data ; and Contract Price will be subject to the provisions of paragraphs 9 . 08 and 11 . 03 . 24 the cost of all of the following will be included in the Contract Price , and CONTRAC- 2 . CONTRACTOR shall not be entitled TOR shall have full responsibility for : to any adjustment in the Contract Price or Contract Times if: a . reviewing and checking all such information and data , a . CONTRACTOR knew of the existence of such conditions at the time b . locating all Underground Facilities CONTRACTOR made a final commitment shown or indicated in the Contract to OWNER in respect of Contract Price and Documents , Contract Times by the submission of a Bid or becoming bound under a negotiated c . coordination of the Work with the contract ; or owners of such Underground Facilities , including OWNER, during construction , and b , the existence of such condition could reasonably have been discovered or d . the safety and protection of all such revealed as a result of any examination , Underground Facilities and repairing any investigation , exploration , test , or study of damage thereto resulting from the Work . the Site and contiguous areas required by the Bidding Requirements or Contract B . Not Shown or Indicated Documents to be conducted by or for CON - TRACTOR prior to CONTRACTOR's 1 . If an Underground Facility is making such final commitment; or uncovered or revealed at or contiguous to the Site which was not shown or indicated , or not c . CONTRACTOR failed to give the shown or indicated with reasonable accuracy in written notice within the time and as re- the Contract Documents , CONTRACTOR shall , quired by paragraph 4 . 03 . A. promptly after becoming aware thereof and before further disturbing conditions affected 3 . If OWNER and CONTRACTOR are thereby or performing any Work in connection unable to agree on entitlement to or on the therewith (except in an emergency as required amount or extent , if any , of any adjustment in by paragraph 6 . 16 .A) , identify the owner of the Contract Price or Contract Times , or both , a such Underground Facility and give written Claim may be made therefor as provided in notice to that owner and to OWNER and ENGI - 00700 - General Conditions REV 04-07 doc 00700 - 12 F\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 .doc NEER . ENGINEER will promptly review the B . Limited Reliance by CONTRACTOR on Underground Facility and determine the extent, Technical Data Authorized: CONTRACTOR may rely if any, to which a change is required in the upon the general accuracy of the "technical data" Contract Documents to reflect and document contained in such reports and drawings , but such the consequences of the existence or location reports and drawings are not Contract Documents , of the Underground Facility. During such time , Such "technical data" is identified in the CONTRACTOR shall be responsible for the Supplementary Conditions . Except for such reliance safety and protection of such Underground on such "technical data , " CONTRACTOR may not rely Facility . upon or make any Claim against OWNER , ENGINEER or any of ENGINEER's Consultants with 2 . If ENGINEER concludes that a respect to : change in the Contract Documents is required , a Work Change Directive or a Change Order 10 the completeness of such reports will be issued to reflect and document such and drawings for CONTRACTOR's purposes , consequences . An equitable adjustment shall including , but not limited to , any aspects of the be made in the Contract Price or Contract means , methods , techniques , sequences and Times , or both , to the extent that they are procedures of construction to be employed by attributable to the existence or location of any CONTRACTOR and safety precautions and Underground Facility that was not shown or programs incident thereto ; or indicated or not shown or indicated with reasonable accuracy in the Contract 2 , other data , interpretations , opinions Documents and that CONTRACTOR did not and information contained in such reports or know of and could not reasonably have been shown or indicated in such drawings ; or expected to be aware of or to have anticipated . If OWNER and CONTRACTOR are unable to 3 . any CONTRACTOR interpretation of agree on entitlement to or on the amount or or conclusion drawn from any "technical data" extent, if any, of any such adjustment in or any such other data , interpretations , opinions Contract Price or Contract Times , OWNER or or information . CONTRACTOR may make a Claim therefor as provided in paragraph 10 . 05 . C . CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or 4 . 05 Reference Points revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the A. OWNER shall provide engineering surveys to Contract Documents to be within the scope of the establish reference points for construction which in Work . CONTRACTOR shall be responsible for a ENGINEER's judgment are necessary to enable Hazardous Environmental Condition created with any CONTRACTOR to proceed with the Work . CON - materials brought to the Site by CONTRACTOR , TRACTOR shall be responsible for laying out the Subcontractors , Suppliers , or anyone else for whom Work , shall protect and preserve the established CONTRACTOR is responsible . reference points and property monuments , and shall make no changes or relocations without the prior D . If CONTRACTOR encounters a Hazardous written approval of OWNER . CONTRACTOR shall Environmental Condition or if CONTRACTOR or report to ENGINEER whenever any reference point or anyone for whom CONTRACTOR is responsible property monument is lost or destroyed or requires creates a Hazardous Environmental Condition , relocation because of necessary changes in grades or CONTRACTOR shall immediately: ( i ) secure or locations , and shall be responsible for the accurate otherwise isolate such condition ; ( ii ) stop all Work in replacement or relocation of such reference points or connection with such condition and in any area property monuments by professionally qualified affected thereby (except in an emergency as required personnel . by paragraph 6 . 16 ) ; and ( iii ) notify OWNER and ENGI - NEER (and promptly thereafter confirm such notice in 4 . 06 Hazardous Environmental Condition at Site writing ) . OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to A. Reports and Drawings: Reference is made to retain a qualified expert to evaluate such condition or the Supplementary Conditions for the identification of take corrective action , if any. those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any, E . CONTRACTOR shall not be required to that have been utilized by the ENGINEER in the resume Work in connection with such condition or in preparation of the Contract Documents . any affected area until after OWNER has obtained any required permits related thereto and delivered to 00700 - General Conditions REV 04-07 .doc 00700 - 13 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 .doc CONTRACTOR written notice : ( i ) specifying that such engineers , architects , attorneys , and other condition and any affected area is or has been professionals and all court or arbitration or other rendered safe for the resumption of Work ; or ( ii ) dispute resolution costs ) arising out of or relating to a specifying any special conditions under which such Hazardous Environmental Condition created by Work may be resumed safely . If OWNER and CONTRACTOR or by anyone for whom CONTRACTOR cannot agree as to entitlement to or CONTRACTOR is responsible . Nothing in this on the amount or extent , if any, of any adjustment in paragraph 4 . 06 . E shall obligate CONTRACTOR to Contract Price or Contract Times , or both , as a result indemnify any individual or entity from and against the of such Work stoppage or such special conditions consequences of that individual 's or entity's own negli- under which Work is agreed to be resumed by gence . CONTRACTOR , either party may make a Claim therefor as provided in paragraph 10 . 05 . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and 4 . 04 are not intended to apply to a Hazardous F . If after receipt of such written notice Environmental Condition uncovered or revealed at the CONTRACTOR does not agree to resume such Work Site . based on a reasonable belief it is unsafe , or does not agree to resume such Work under such special condi- tions , then OWNER may order the portion of the Work ARTICLE 5 - BONDS AND INSURANCE that is in the area affected by such condition to be deleted from the Work . If OWNER and CON - TRACTOR cannot agree as to entitlement to or on the 5 . 01 Performance, Payment, and Other Bonds amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work , then either party may make a and payment Bonds , each in an amount atle equal Claim therefor as provided in paragraph 10 . 05 . OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7 . date iwvhp n@ G . To the fullest extent permitted by Laws and Regulations , OWNER shall indemnify and hold harmless CONTRACTOR , Subcontractors , ENGI - NEER, ENGINEER' s Consultants and the officers , directors , partners , employees , agents , other consultants , and subcontractors of each and any of B . All Bonds shall be in the form prescribed by them from and against all claims , costs , losses , and the Contract Documents except as provided otherwise damages ( including but not limited to all fees and by Laws or Regulations , and shall be executed by charges of engineers , architects , attorneys , and other such sureties as are named in the current list of "Com - professionals and all court or arbitration or other panies Holding Certificates of Authority as Acceptable dispute resolution costs ) arising out of or relating to a Sureties on Federal Bonds and as Acceptable Hazardous Environmental Condition , provided that Reinsuring Companies" as published in Circular 570 such Hazardous Environmental Condition : ( i ) was not (amended ) by the Financial Management Service , shown or indicated in the Drawings or Specifications Surety Bond Branch , U . S . Department of the or identified in the Contract Documents to be included Treasury. All Bonds signed by an agent must be within the scope of the Work , and ( ii ) was not created accompanied by a certified copy of such agent's by CONTRACTOR or by anyone for whom authority to act . CONTRACTOR is responsible . Nothing in this para- graph 4 . 06 . E shall obligate OWNER to indemnify any C . If the surety on any Bond furnished by CON . individual or entity from and against the consequences TRACTOR is declared bankrupt or becomes insolvent of that individual ' s or entity's own negligence , or its right to do business is terminated in any state where any part of the Project is located or it ceases to H . To the fullest extent permitted by Laws and meet the requirements of paragraph 5 . 01 . B , Regulations , CONTRACTOR shall indemnify and hold CONTRACTOR shall within 20 days thereafter harmless OWNER , ENGINEER , ENGINEER's substitute another Bond and surety, both of which Consultants , and the officers , directors , partners , shall comply with the requirements of paragraphs employees , agents , other consultants , and 5 . 01 . 13 and 5 . 02 . subcontractors of each and any of them from and against all claims , costs , losses , and damages 5 . 02 Licensed Sureties and Insurers ( including but not limited to all fees and charges of 00700 General Conditions REV 04-07 .doc 00700 - 14 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 doc A. All Bonds and insurance required by the CONTRACTOR , or ( ii ) by any other person for Contract Documents to be purchased and maintained any other reason ; by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 50 claims for damages , other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located to issue Bonds or insurance policies for the of tangible property wherever located , including limits and coverages so required . Such surety and loss of use resulting therefrom ; and insurance companies shall also meet such additional requirements and qualifications as may be provided in 6 , claims for damages because of the Supplementary Conditions , bodily injury or death of any person or property damage arising out of the ownership , mainte- 5 . 03 Certificates of Insurance nance or use of any motor vehicle . A. CONTRACTOR shall deliver to OWNER , with B . The policies of insurance so required by this copies to each additional insured identified in the paragraph 5 . 04 to be purchased and maintained shall : Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWN - 1 . with respect to insurance required by ER or any other additional insured ) which CON - paragraphs 5 . 04 .A. 3 through 5 . 04 .A. 6 inclusive , TRACTOR is required to purchase and maintain . include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER , ENGINEER, ENGINEER's Consultants , and any other individuals or entities identified in the Supplementary Condi - tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , 5 . 04 CONTRACTOR 's Liability Insurance agents , and other consultants and subcontractors of each and any of all such A. CONTRACTOR shall purchase and maintain additional insureds , and the insurance afforded such liability and other insurance as is appropriate for to these additional insureds shall provide the Work being performed and as will provide primary coverage for all claims covered protection from claims set forth below which may arise thereby; out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations 2 , include at least the specific under the Contract Documents , whether it is to be per- coverages and be written for not less than the formed by CONTRACTOR , any Subcontractor or limits of liability provided in the Supplementary Supplier , or by anyone directly or indirectly employed Conditions or required by Laws or Regulations , by any of them to perform any of the Work , or by whichever is greater; anyone for whose acts any of them may be liable : 3 , include completed operations 1 , claims under workers ' compensation , insurance ; disability benefits , and other similar employee benefit acts ; 40 include contractual liability insurance covering CONTRACTOR's indemnity 2 , claims for damages because of obligations under paragraphs 6 . 07 , 6 . 11 , and bodily injury, occupational sickness or disease , 6 . 20 ; or death of CONTRACTOR's employees ; 5 , contain a provision or endorsement 3 , claims for damages because of that the coverage afforded will not be canceled , bodily injury, sickness or disease , or death of materially changed or renewal refused until at any person other than CONTRACTOR's least thirty days prior written notice has been employees ; given to OWNER and CONTRACTOR and to each other additional insured identified in the 4 , claims for damages insured by Supplementary Conditions to whom a certificate reasonably available personal injury liability of insurance has been issued (and the coverage which are sustained : ( i ) by any person certificates of insurance furnished by the CON - as a result of an offense directly or indirectly TRACTOR pursuant to paragraph 5 . 03 will so related to the employment of such person by provide ) ; 00700 - General Conditions REV 04-07 .doc 00700 - 15 F :\Public Wo-ks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admlm\Contract Documents\00700 - General Conditions REV 04-07 .doc WIN • . . • — so N a — — W so IF Is IF IF W • . . • . • 1 • - - - - IN IF W 0 • • ' • • UP am IF 0 • - • • • • J'• = ' - - OF � � . • • • - • • • IN • ' • - • . . • 1 � - - - - - • • • . • - - W - a Aft IN _ � � IF IF a - - - - - - MPAW 11WIMILwill . . • - - - - • . - - - - • _ - _ • . . • . • 1 • • • • - • • • • m OF mom IN ME m4s"WON"a Non LOIR IS 1 14Wrw M I M IMATA• • • • • ' � . nn W� oo mo . . film 1or an a a on ME � . S Iff or WOM • III1 mmalk • � i • . or w or w or wo MWMIMM�11". 21 OF Me w w on rm� lll Ll Poll I W or or • . • • ! 1 • _ _ Ir i 1 1 1 1 • • m S • _ _ • on • _ MOM mill 111111 NPI I mTr MUMon or all III a do on 1 • ! _ _ A Ir off Ir w 11 • • ' • • • - • • - 11 11 1 • 1 A . CONTRACTOR shall supervise , inspect , and direct the Work competently and efficiently, devoting aFReRg the parties OR inteFest is FGaGhed , OWNER as such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents . COW TRACTOR shall be solely responsible for the means , methods , techniques , sequences , and procedures of construction , but CONTRACTOR shall not be 5 . 09 Acceptance of Bonds and Insurance; Option responsible for the negligence of OWNER or to Replace ENGINEER in the design or specification of a specific means , method , technique , sequence , or procedure of A0 if either QWNER or GONTRACTOR ha6 an construction which is shown or indicated in and expressly required by the Contract Documents . CON - TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents , 69 notify the Gther paF4y in wFiting within 10 days afte B . At all times during the progress of the Work , CONTRACTOR shall assign a competent resident requested ) Fisiquiped by paFagFaph 2 , 05 . G , OWNER superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances . The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR . All communications given to or received from the superintendent shall be binding on CONTRACTOR . 6 . 02 Labor; Working Hours pr-oudiGe t9 aRY Oth8F right Gr remedy, the othep part A. CONTRACTOR shall provide competent , suitably qualified personnel to survey, lay out , and construct the Work as required by the Contract Docu - ments . CONTRACTOR shall at all times maintain good discipline and order at the Site . 5 . 10 Partial Utilization, Acknowledgment of B . Except as otherwise required for the safety or Property Insurer protection of persons or the Work or property at the Site or adjacent thereto , and except as otherwise A . If OWNER finds it necessary to occupy or use stated in the Contract Documents , all Work at the Site a portion or portions of the Work prior to Substantial shall be performed during regular working hours , and Completion of all the Work as provided in paragraph CONTRACTOR will not permit overtime work or the 14 . 05 , no such use or occupancy shall commence performance of Work on Saturday, Sunday, or any before the insurers providing the property insurance legal holiday without OWNER's written consent (which pursuant to paragraph 5 . 06 have acknowledged notice will not be unreasonably withheld ) given after prior thereof and in writing effected any changes in cover- written notice to ENGINEER . age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies , but the property insurance shall 6 . 03 Services, Materials, and Equipment not be canceled or permitted to lapse on account of any such partial use or occupancy . A. Unless otherwise specified in the General Re- quirements , CONTRACTOR shall provide and assume full responsibility for all services , materials , ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES equipment , labor , transportation , construction equipment and machinery, tools , appliances , fuel , power , light, heat, telephone , water , sanitary facilities , 6 . 01 Supervision and Superintendence temporary facilities , and all other facilities and incidentals necessary for the performance , testing , start- up , and completion of the Work . 00700 - General Conditions REV 04-07 .doc 00700 - 19 F '.\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc proposed by CONTRACTOR is functionally B . All materials and equipment incorporated into equal to that named and sufficiently similar so the Work shall be as specified or , if not specified , shall that no change in related Work will be required , be of good quality and new, except as otherwise it may be considered by ENGINEER as an provided in the Contract Documents . All warranties "or-equal" item , in which case review and and guarantees specifically called for by the Specifica- approval of the proposed item may, in tions shall expressly run to the benefit of OWNER . If ENGINEER's sole discretion , be accomplished required by ENGINEER , CONTRACTOR shall furnish without compliance with some or all of the satisfactory evidence ( including reports of required requirements for approval of proposed substk tests ) as to the source , kind , and quality of materials tute items . For the purposes of this paragraph and equipment . All materials and equipment shall be 6 . 05 . A. 1 , a proposed item of material or stored , applied , installed , connected , erected , equipment will be considered functionally equal protected , used , cleaned , and conditioned in to an item so named if: accordance with instructions of the applicable Supplier , except as otherwise may be provided in the a . in the exercise of reasonable Contract Documents . judgment ENGINEER determines that : ( i ) it is at least equal in quality, durability, 6 . 04 Progress Schedule appearance , strength , and design characteristics ; ( ii ) it will reliably perform at A. CONTRACTOR shall adhere to the progress least equally well the function imposed by schedule established in accordance with paragraph the design concept of the completed Project 2 . 07 as it may be adjusted from time to time as as a functioning whole , and ; provided below . b . CONTRACTOR certifies that : ( i ) 1 . CONTRACTOR shall submit to there is no increase in cost to the OWNER; ENGINEER for acceptance (to the extent indi- and ( ii ) it will conform substantially, even cated in paragraph 2 . 07 ) proposed adjustments with deviations , to the detailed requirements in the progress schedule that will not result in of the item named in the Contract changing the Contract Times (or Milestones ) . Documents . Such adjustments will conform generally to the progress schedule then in effect and additional - 2 . Substitute Items ly will comply with any provisions of the General Requirements applicable thereto . a . If in ENGINEER's sole discretion an item of material or equipment proposed by 2 . Proposed adjustments in the CONTRACTOR does not qualify as an progress schedule that will change the Contract "or-equal" item under paragraph 6 . 05 . A. 1 , it Times (or Milestones ) shall be submitted in will be considered a proposed substitute accordance with the requirements of Article 12 . item . Such adjustments may only be made by a Change Order or Written Amendment in accor- b . CONTRACTOR shall submit suffk dance with Article 12 . cient information as provided below to allow ENGINEER to determine that the item of 6 . 05 Substitutes and "Or-Equals " material or equipment proposed is essentially equivalent to that named and an A. Whenever an item of material or equipment is acceptable substitute therefor . Requests for specified or described in the Contract Documents by review of proposed substitute items of using the name of a proprietary item or the name of a material or equipment will not be accepted particular Supplier , the specification or description is by ENGINEER from anyone other than intended to establish the type , function , appearance , CONTRACTOR . and quality required . Unless the specification or description contains or is followed by words reading c . The procedure for review by ENGI - that no like , equivalent , or "or-equal" item or no NEER will be as set forth in paragraph substitution is permitted , other items of material or 6 . 05 .A. 2 . d , as supplemented in the General equipment or material or equipment of other Suppliers Requirements and as ENGINEER may may be submitted to ENGINEER for review under the decide is appropriate under the circumstances described below . circumstances . 1 . "Or-Equal" Items: If in ENGINEER 's d . CONTRACTOR shall first make sole discretion an item of material or equipment written application to ENGINEER for review 00700 - General Conditions REV 04-07 . doc 00700 - 19 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 .doc of a proposed substitute item of material or Change Order for a substitute or an approved Shop equipment that CONTRACTOR seeks to Drawing for an "or equal . " ENGINEER will advise furnish or use . The application shall certify CONTRACTOR in writing of any negative that the proposed substitute item will determination . perform adequately the functions and achieve the results called for by the general D . Special Guarantee: OWNER may require design , be similar in substance to that CONTRACTOR to furnish at CONTRACTOR's ex- specified , and be suited to the same use as pense a special performance guarantee or other that specified . The application will state the surety with respect to any substitute . extent, if any, to which the use of the pro- posed substitute item will prejudice E . ENGINEER 's Cost Reimbursement: CONTRACTOR's achievement of Substan - ENGINEER will record time required by ENGINEER tial Completion on time , whether or not use and ENGINEER's Consultants in evaluating substitute of the proposed substitute item in the Work proposed or submitted by CONTRACTOR pursuant to will require a change in any of the Contract paragraphs 6 . 05 .A. 2 and 6 . 05 . 13 and in making Documents (or in the provisions of any other changes in the Contract Documents (or in the direct contract with OWNER for work on the provisions of any other direct contract with OWNER Project) to adapt the design to the proposed for work on the Project) occasioned thereby. Whether substitute item and whether or not or not ENGINEER approves a substitute item so pro- incorporation or use of the proposed substk posed or submitted by CONTRACTOR , CON . tute item in connection with the Work is sub- TRACTOR shall reimburse OWNER for the charges ject to payment of any license fee or royalty. of ENGINEER and ENGINEER's Consultants for All variations of the proposed substitute evaluating each such proposed substitute , item from that specified will be identified in the application , and available engineering , F . CONTRACTOR 's Expense: CONTRACTOR sales , maintenance , repair, and shall provide all data in support of any proposed replacement services will be indicated . The substitute or "or-equal " at CONTRACTOR's expense . application will also contain an itemized esti - mate of all costs or credits that will result 6 . 06 Concerning Subcontractors, Suppliers, directly or indirectly from use of such and Others substitute item , including costs of redesign and claims of other contractors affected by A . CONTRACTOR shall not employ any any resulting change , all of which will be Subcontractor, Supplier, or other individual or entity considered by ENGINEER in evaluating the ( including those acceptable to OWNER as indicated in proposed substitute item . ENGINEER may paragraph 6 . 06 . 13 ) , whether initially or as a require CONTRACTOR to furnish additional replacement, against whom OWNER may have data about the proposed substitute item , reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or B . Substitute Construction Methods or Proce- other individual or entity to furnish or perform any of dures: If a specific means , method , technique , se- the Work against whom CONTRACTOR has reason - quence , or procedure of construction is shown or able objection . indicated in and expressly required by the Contract Documents , CONTRACTOR may furnish or utilize a B . If the Supplementary Conditions require the substitute means , method , technique , sequence , or identity of certain Subcontractors , Suppliers , or other procedure of construction approved by ENGINEER . individuals or entities to be submitted to OWNER in CONTRACTOR shall submit sufficient information to advance for acceptance by OWNER by a specified allow ENGINEER, in ENGINEER's sole discretion , to date prior to the Effective Date of the Agreement , and determine that the substitute proposed is equivalent to if CONTRACTOR has submitted a list thereof in that expressly called for by the Contract Documents , accordance with the Supplementary Conditions , The procedure for review by ENGINEER will be similar OWNER's acceptance (either in writing or by failing to to that provided in subparagraph 6 . 05 .A . 2 . make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents C . Engineer's Evaluation : ENGINEER will be or the Contract Documents ) of any such Subcon - allowed a reasonable time within which to evaluate tractor, Supplier, or other individual or entity so each proposal or submittal made pursuant to para- identified may be revoked on the basis of reasonable graphs 6 . 05 .A and 6 . 05 . 13 . ENGINEER will be the objection after due investigation . CONTRACTOR sole judge of acceptability . No "or-equal" or substitute shall submit an acceptable replacement for the will be ordered , installed or utilized until ENGINEER 's rejected Subcontractor, Supplier, or other individual or review is complete , which will be evidenced by either a entity, and the Contract Price will be adjusted by the 00700 - General Conditions REV 04-07 .doc 00700 - 20 FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc difference in the cost occasioned by such directors , partners , employees , agents , and other replacement , and an appropriate Change Order will be consultants and subcontractors of each and any of issued or Written Amendment signed . No acceptance them ) for all losses and damages caused by, arising by OWNER of any such Subcontractor , Supplier, or out of, relating to , or resulting from any of the perils or other individual or entity, whether initially or as a causes of loss covered by such policies and any other replacement , shall constitute a waiver of any right of property insurance applicable to the Work . If the OWNER or ENGINEER to reject defective Work . insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier , C . CONTRACTOR shall be fully responsible to CONTRACTOR will obtain the same . OWNER and ENGINEER for all acts and omissions of the Subcontractors , Suppliers , and other individuals or 6 . 07 Patent Fees and Royalties entities performing or furnishing any of the Work just as CONTRACTOR is responsible for A . CONTRACTOR shall pay all license fees and CONTRACTOR's own acts and omissions . Nothing in royalties and assume all costs incident to the use in the Contract Documents shall create for the benefit of the performance of the Work or the incorporation in any such Subcontractor, Supplier, or other individual the Work of any invention , design , process , product, or entity any contractual relationship between OWNER or device which is the subject of patent rights or or ENGINEER and any such Subcontractor , Supplier copyrights held by others . If a particular invention , or other individual or entity , nor shall it create any design , process , product , or device is specified in the obligation on the part of OWNER or ENGINEER to Contract Documents for use in the performance of the pay or to see to the payment of any moneys due any Work and if to the actual knowledge of OWNER or such Subcontractor, Supplier, or other individual or ENGINEER its use is subject to patent rights or entity except as may otherwise be required by Laws copyrights calling for the payment of any license fee or and Regulations . royalty to others , the existence of such rights shall be disclosed by OWNER in the Contract Documents . To D . CONTRACTOR shall be solely responsible the fullest extent permitted by Laws and Regulations , for scheduling and coordinating the Work of Subcon - CONTRACTOR shall indemnify and hold harmless tractors , Suppliers , and other individuals or entities OWNER , ENGINEER , ENGINEER' s Consultants , and performing or furnishing any of the Work under a the officers , directors , partners , employees or agents , direct or indirect contract with CONTRACTOR . and other consultants of each and any of them from and against all claims , costs , losses , and damages E . CONTRACTOR shall require all Subcontrac- ( including but not limited to all fees and charges of tors , Suppliers , and such other individuals or entities engineers , architects , attorneys , and other performing or furnishing any of the Work to commu - professionals and all court or arbitration or other nicate with ENGINEER through CONTRACTOR . dispute resolution costs ) arising out of or relating to any infringement of patent rights or copyrights incident F . The divisions and sections of the Specifica- to the use in the performance of the Work or resulting tions and the identifications of any Drawings shall not from the incorporation in the Work of any invention , control CONTRACTOR in dividing the Work among design , process , product, or device not specified in the Subcontractors or Suppliers or delineating the Work to Contract Documents . be performed by any specific trade . 6 . 08 Permits G . All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an A. Unless otherwise provided in the Supple- appropriate agreement between CONTRACTOR and mentary Conditions , CONTRACTOR shall obtain and the Subcontractor or Supplier which specifically binds pay for all construction permits and licenses . OWNER the Subcontractor or Supplier to the applicable terms shall assist CONTRACTOR , when necessary, in and conditions of the Contract Documents for the obtaining such permits and licenses . CONTRACTOR benefit of OWNER and ENGINEER . Whenever any shall pay all governmental charges and inspection such agreement is with a Subcontractor or Supplier fees necessary for the prosecution of the Work which who is listed as an additional insured on the property are applicable at the time of opening of Bids , or, if insurance provided in paragraph 5 . 06 , the agreement there are no Bids , on the Effective Date of the between the CONTRACTOR and the Subcontractor Agreement . CONTRACTOR shall pay all charges of or Supplier will contain provisions whereby the utility owners for connections to the Work , and Subcontractor or Supplier waives all rights against OWNER shall pay all charges of such utility owners OWNER, CONTRACTOR , ENGINEER , ENGINEER's for capital costs related thereto , such as plant Consultants , and all other individuals or entities investment fees . identified in the Supplementary Conditions to be listed as insureds or additional insureds ( and the officers , 00700 - General Conditions REV 04-07 .doc 00700 - 21 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc 6 . 09 Laws and Regulations materials or equipment . CONTRACTOR shall assume full responsibility for any damage to A. CONTRACTOR shall give all notices and any such land or area , or to the owner or comply with all Laws and Regulations applicable to the occupant thereof, or of any adjacent land or performance of the Work . Except where otherwise areas resulting from the performance of the expressly required by applicable Laws and Work . Regulations , neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- 2 . Should any claim be made by any ance with any Laws or Regulations . such owner or occupant because of the performance of the Work , CONTRACTOR shall B . If CONTRACTOR performs any Work know- promptly settle with such other party by ing or having reason to know that it is contrary to Laws negotiation or otherwise resolve the claim by or Regulations , CONTRACTOR shall bear all claims , arbitration or other dispute resolution costs , losses , and damages ( including but not limited proceeding or at law . to all fees and charges of engineers , architects , attorneys , and other professionals and all court or 3 . To the fullest extent permitted by arbitration or other dispute resolution costs ) arising out Laws and Regulations , CONTRACTOR shall of or relating to such Work ; however, it shall not be indemnify and hold harmless OWNER , CONTRACTOR's primary responsibility to make ENGINEER, ENGINEER's Consultant , and the certain that the Specifications and Drawings are in officers , directors , partners , employees , agents , accordance with Laws and Regulations , but this shall and other consultants of each and any of them not relieve CONTRACTOR of CONTRACTOR Is from and against all claims , costs , losses , and obligations under paragraph 3 . 03 . damages ( including but not limited to all fees and charges of engineers , architects , attorneys , C . Changes in Laws or Regulations not known at and other professionals and all court or the time of opening of Bids (or, on the Effective Date arbitration or other dispute resolution costs ) of the Agreement if there were no Bids ) having an arising out of or relating to any claim or action , effect on the cost or time of performance of the Work legal or equitable , brought by any such owner may be the subject of an adjustment in Contract Price or occupant against OWNER, ENGINEER, or or Contract Times , If OWNER and CONTRACTOR any other party indemnified hereunder to the are unable to agree on entitlement to or on the extent caused by or based upon amount or extent , if any, of any such adjustment , a CONTRACTOR's performance of the Work . Claim may be made therefor as provided in paragraph 10 . 05 . B . Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC - 6 . 10 Taxes TOR shall keep the Site and other areas free from accumulations of waste materials , rubbish , and other A. CONTRACTOR shall pay all sales , consum - debris . Removal and disposal of such waste materk er, use , and other similar taxes required to be als , rubbish , and other debris shall conform to applica - paid by CONTRACTOR in accordance with ble Laws and Regulations . the Laws and Regulations of the place of the Project which are applicable during the C . Cleaning: Prior to Substantial Completion of performance of the Work . the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER . At the com - B . OWNER qualifies for state and local sales tax pletion of the Work CONTRACTOR shall remove from exemption in the purchase of all material and the Site all tools , appliances , construction equipment equipment , and machinery, and surplus materials and shall restore to original condition all property not designated 6 . 11 Use of Site and Other Areas for alteration by the Contract Documents , A. Limitation on Use of Site and Other Areas D . Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded 1 . CONTRACTOR shall confine in any manner that will endanger the structure , nor construction equipment, the storage of shall CONTRACTOR subject any part of the Work or materials and equipment, and the operations of adjacent property to stresses or pressures that will workers to the Site and other areas permitted endanger it . by Laws and Regulations , and shall not unreasonably encumber the Site and other areas with construction equipment or other 00700 - General Conditions REV 04-07 .doc 00700 - 22 FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc 6 . 12 Record Documents or ENGINEER's Consultant , or anyone employed by any of them , or anyone for whose acts any of them A . CONTRACTOR shall maintain in a safe place may be liable , and not attributable , directly or at the Site one record copy of all Drawings , Specifica- indirectly, in whole or in part , to the fault or negligence tions , Addenda , Written Amendments , Change of CONTRACTOR or any Subcontractor, Supplier, or Orders , Work Change Directives , Field Orders , and other individual or entity directly or indirectly employed written interpretations and clarifications in good order by any of them ) . CONTRACTOR 's duties and and annotated to show changes made during responsibilities for safety and for protection of the construction . These record documents together with Work shall continue until such time as all the Work is all approved Samples and a counterpart of all completed and ENGINEER has issued a notice to approved Shop Drawings will be available to ENGk OWNER and CONTRACTOR in accordance with NEER for reference . Upon completion of the Work , paragraph 14 . 07 . 13 that the Work is acceptable these record documents , Samples , and Shop (except as otherwise expressly provided in connection Drawings will be delivered to ENGINEER for OWNER . with Substantial Completion ) . 6 . 13 Safety and Protection 6 . 14 Safety Representative A. CONTRACTOR shall be solely responsible A. CONTRACTOR shall designate a qualified for initiating , maintaining and supervising all safety and experienced safety representative at the Site precautions and programs in connection with the whose duties and responsibilities shall be the Work . CONTRACTOR shall take all necessary prevention of accidents and the maintaining and precautions for the safety of, and shall provide the supervising of safety precautions and programs . necessary protection to prevent damage , injury or loss to : 6 . 15 Hazard Communication Programs 1 . all persons on the Site or who may A. CONTRACTOR shall be responsible for be affected by the Work ; coordinating any exchange of material safety data sheets or other hazard communication information 20 all the Work and materials and equip- required to be made available to or exchanged be- ment to be incorporated therein , whether in tween or among employers at the Site in accordance storage on or off the Site ; and with Laws or Regulations . 3 , other property at the Site or adjacent 6 . 16 Emergencies thereto , including trees , shrubs , lawns , walks , pavements , roadways , structures , utilities , and A. In emergencies affecting the safety or protec- Underground Facilities not designated for tion of persons or the Work or property at the Site or removal , relocation , or replacement in the adjacent thereto , CONTRACTOR is obligated to act to course of construction , prevent threatened damage , injury, or loss . CONTRACTOR shall give ENGINEER prompt written B . CONTRACTOR shall comply with all applica- notice if CONTRACTOR believes that any significant ble Laws and Regulations relating to the safety of changes in the Work or variations from the Contract persons or property, or to the protection of persons or Documents have been caused thereby or are required property from damage , injury, or loss ; and shall erect as a result thereof. If ENGINEER determines that a and maintain all necessary safeguards for such safety change in the Contract Documents is required be- and protection . CONTRACTOR shall notify owners of cause of the action taken by CONTRACTOR in adjacent property and of Underground Facilities and response to such an emergency, a Work Change other utility owners when prosecution of the Work may Directive or Change Order will be issued . affect them , and shall cooperate with them in the protection , removal , relocation , and replacement of 6 . 17 Shop Drawings and Samples their property . All damage , injury, or loss to any property referred to in paragraph 6 . 13 . A. 2 or 6 . 13 .A . 3 A . CONTRACTOR shall submit Shop Drawings caused , directly or indirectly, in whole or in part , by to ENGINEER for review and approval in accordance CONTRACTOR , any Subcontractor, Supplier, or any with the acceptable schedule of Shop Drawings and other individual or entity directly or indirectly employed Sample submittals . All submittals will be identified as by any of them to perform any of the Work , or anyone ENGINEER may require and in the number of copies for whose acts any of them may be liable , shall be specified in the General Requirements . The data remedied by CONTRACTOR (except damage or loss shown on the Shop Drawings will be complete with attributable to the fault of Drawings or Specifications respect to quantities , dimensions , specified perfor- or to the acts or omissions of OWNER or ENGINEER mance and design criteria , materials , and similar data 00700 - General Conditions REV 04-07 .doc 00700 - 23 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc to show ENGINEER the services , materials , and CONTRACTOR's review and approval of that equipment CONTRACTOR proposes to provide and submittal , to enable ENGINEER to review the information for the limited purposes required by paragraph 6 . 17 . E . 3 . At the time of each submittal , CON - TRACTOR shall give ENGINEER specific B . CONTRACTOR shall also submit Samples to written notice of such variations , if any, that the ENGINEER for review and approval in accordance Shop Drawing or Sample submitted may have with the acceptable schedule of Shop Drawings and from the requirements of the Contract Sample submittals . Each Sample will be identified Documents , such notice to be in a written com - clearly as to material , Supplier, pertinent data such as munication separate from the submittal ; and , in catalog numbers , and the use for which intended and addition , shall cause a specific notation to be otherwise as ENGINEER may require to enable ENGI - made on each Shop Drawing and Sample sub- NEER to review the submittal for the limited purposes mitted to ENGINEER for review and approval of required by paragraph 6 . 17 . E . The numbers of each each such variation . Sample to be submitted will be as specified in the Specifications . E . ENGINEER 's Review C . Where a Shop Drawing or Sample is required 1 . ENGINEER will timely review and by the Contract Documents or the schedule of Shop approve Shop Drawings and Samples in Drawings and Sample submittals acceptable to ENGI - accordance with the schedule of Shop NEER as required by paragraph 2 . 07 , any related Drawings and Sample submittals acceptable to Work performed prior to ENGINEER's review and ENGINEER . ENGINEER's review and approval of the pertinent submittal will be at the sole approval will be only to determine if the items expense and responsibility of CONTRACTOR , covered by the submittals will , after installation or incorporation in the Work , conform to the D . Submittal Procedures information given in the Contract Documents and be compatible with the design concept of 1 . Before submitting each Shop the completed Project as a functioning whole as Drawing or Sample , CONTRACTOR shall have indicated by the Contract Documents . determined and verified : 2 . ENGINEER's review and approval a , all field measurements , quantities , will not extend to means , methods , techniques , dimensions , specified performance criteria , sequences , or procedures of construction installation requirements , materials , catalog (except where a particular means , method , numbers , and similar information with technique , sequence , or procedure of con- respect thereto ; struction is specifically and expressly called for by the Contract Documents ) or to safety b . all materials with respect to intended precautions or programs incident thereto . The use , fabrication , shipping , handling , storage , review and approval of a separate item as such assembly, and installation pertaining to the will not indicate approval of the assembly in performance of the Work; which the item functions . c . all information relative to means , 3 . ENGINEER's review and approval of methods , techniques , sequences , and Shop Drawings or Samples shall not relieve procedures of construction and safety CONTRACTOR from responsibility for any precautions and programs incident thereto ; variation from the requirements of the Contract and Documents unless CONTRACTOR has in writing called ENGINEER's attention to each d . CONTRACTOR shall also have such variation at the time of each submittal as reviewed and coordinated each Shop required by paragraph 6 . 17 . D . 3 and ENGI - Drawing or Sample with other Shop NEER has given written approval of each such Drawings and Samples and with the variation by specific written notation thereof requirements of the Work and the Contract incorporated in or accompanying the Shop Documents . Drawing or Sample approval ; nor will any approval by ENGINEER relieve CON - 2 . Each submittal shall bear a stamp or TRACTOR from responsibility for complying specific written indication that CONTRACTOR with the requirements of paragraph 6 . 17 . D . 1 , has satisfied CONTRACTOR's obligations under the Contract Documents with respect to 00700 - General Conditions REV 04-07 .doc 00700 - 24 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th Sl SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc F . Resubmittal Procedures 4 , use or occupancy of the Work or any part thereof by OWNER ; 1 . CONTRACTOR shall make correc- tions required by ENGINEER and shall return 5 , any acceptance by OWNER or any the required number of corrected copies of failure to do so ; Shop Drawings and submit as required new Samples for review and approval . CON - 6 , any review and approval of a Shop TRACTOR shall direct specific attention in Drawing or Sample submittal or the issuance of writing to revisions other than the corrections a notice of acceptability by ENGINEER; called for by ENGINEER on previous submittals . 7 , any inspection , test , or approval by others ; or 6 . 18 Continuing the Work 8 , any correction of defective Work by A . CONTRACTOR shall carry on the Work and OWNER . adhere to the progress schedule during all disputes or disagreements with OWNER . No Work shall be 6 . 20 Indemnification delayed or postponed pending resolution of any disputes or disagreements , except as permitted by A . To the fullest extent permitted by Laws and paragraph 15 . 04 or as OWNER and CONTRACTOR Regulations , CONTRACTOR shall indemnify and hold may otherwise agree in writing . harmless OWNER, ENGINEER, ENGINEER's Consultants , and the officers , directors , partners , 6 . 19 CONTRACTOR 's General Warranty and employees , agents , and other consultants and Guarantee subcontractors of each and any of them from and against all claims , costs , losses , and damages A. CONTRACTOR warrants and guarantees to ( including but not limited to all fees and charges of OWNER , ENGINEER , and ENGINEER's Consultants engineers , architects , attorneys , and other that all Work will be in accordance with the Contract professionals and all court or arbitration or other Documents and will not be defective . dispute resolution costs ) arising out of or relating to CONTRACTOR's warranty and guarantee hereunder the performance of the Work , provided that any such excludes defects or damage caused by: claim , cost , loss , or damage : 1 . abuse , modification , or improper 1 . is attributable to bodily injury, maintenance or operation by persons other sickness , disease , or death , or to injury to or than CONTRACTOR , Subcontractors , destruction of tangible property (other than the Suppliers , or any other individual or entity for Work itself) , including the loss of use resulting whom CONTRACTOR is responsible ; or therefrom ; and 2 . normal wear and tear under normal 2 , is caused in whole or in part by any usage , negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any B . CONTRACTOR's obligation to perform and individual or entity directly or indirectly complete the Work in accordance with the Contract employed by any of them to perform any of the Documents shall be absolute . None of the following Work or anyone for whose acts any of them will constitute an acceptance of Work that is not in may be liable , regardless of whether or not accordance with the Contract Documents or a release caused in part by any negligence or omission of of CONTRACTOR's obligation to perform the Work in an individual or entity indemnified hereunder or accordance with the Contract Documents : whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless 1 , observations by ENGINEER ; of the negligence of any such individual or entity. 20 recommendation by ENGINEER or payment by OWNER of any progress or final B . In any and all claims against OWNER or payment ; ENGINEER or any of their respective consultants , agents , officers , directors , partners , or employees by 3 , the issuance of a certificate of Sub- any employee (or the survivor or personal stantial Completion by ENGINEER or any representative of such employee ) of CONTRACTOR , payment related thereto by OWNER ; any Subcontractor , any Supplier, or any individual or entity directly or indirectly employed by any of them to 00700 - General Conditions REV 04-07 .doc 00700 - 25 F :\Public WorKs\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc perform any of the Work , or anyone for whose acts Documents , CONTRACTOR shall do all cutting , any of them may be liable , the indemnification fitting , and patching of the Work that may be required obligation under paragraph 6 . 20 . A shall not be limited to properly connect or otherwise make its several in any way by any limitation on the amount or type of parts come together and properly integrate with such damages , compensation , or benefits payable by or for other work . CONTRACTOR shall not endanger any CONTRACTOR or any such Subcontractor , Supplier , work of others by cutting , excavating , or otherwise or other individual or entity under workers ' compen - altering their work and will only cut or alter their work sation acts , disability benefit acts , or other employee with the written consent of ENGINEER and the others benefit acts . whose work will be affected . The duties and responsibilities of CONTRACTOR under this C . The indemnification obligations of CON - paragraph are for the benefit of such utility owners and TRACTOR under paragraph 6 . 20 .A shall not extend to other contractors to the extent that there are the liability of ENGINEER and ENGINEER's comparable provisions for the benefit of Consultants or to the officers , directors , partners , CONTRACTOR in said direct contracts between employees , agents , and other consultants and OWNER and such utility owners and other subcontractors of each and any of them arising out of: contractors . 1 . the preparation or approval of, or the C . If the proper execution or results of any part of failure to prepare or approve , maps , Drawings , CONTRACTOR's Work depends upon work per. opinions , reports , surveys , Change Orders , formed by others under this Article 7 , CONTRACTOR designs , or Specifications ; or shall inspect such other work and promptly report to ENGINEER in writing any delays , defects , or deficien - 2 . giving directions or instructions , or cies in such other work that render it unavailable or failing to give them , if that is the primary cause unsuitable for the proper execution and results of of the injury or damage . CONTRACTOR's Work . CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with ARTICLE 7 - OTHER WORK CONTRACTOR's Work except for latent defects and deficiencies in such other work . 7 . 01 Related Work at Site 7 . 02 Coordination A. OWNER may perform other work related to A. If OWNER intends to contract with others for the Project at the Site by OWNER's employees , or let the performance of other work on the Project at the other direct contracts therefor, or have other work Site , the following will be set forth in Supplementary performed by utility owners . If such other work is not Conditions : noted in the Contract Documents , then : 1 . the individual or entity who will have 1 . written notice thereof will be given to authority and responsibility for coordination of CONTRACTOR prior to starting any such other the activities among the various contractors will work ; and be identified ; 2 . if OWNER and CONTRACTOR are 24 the specific matters to be covered by unable to agree on entitlement to or on the such authority and responsibility will be amount or extent , if any, of any adjustment in itemized ; and the Contract Price or Contract Times that should be allowed as a result of such other 3 * the extent of such authority and work , a Claim may be made therefor as responsibilities will be provided . provided in paragraph 10 . 05 . B . Unless otherwise provided in the B . CONTRACTOR shall afford each other Supplementary Conditions , OWNER shall have sole contractor who is a party to such a direct contract and authority and responsibility for such coordination . each utility owner (and OWNER , if OWNER is per- forming the other work with OWNER' s employees ) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs . Unless otherwise provided in the Contract 00700 - General Conditions REV 04-07 .doc 00700 - 26 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc ARTICLE 8 - OWNER' S RESPONSIBILITIES 8 . 09 Limitations on OWNER 's Responsibilities A . The OWNER shall not supervise , direct , or 8 . 01 Communications to Contractor have control or authority over , nor be responsible for, CONTRACTOR's means , methods , techniques , se. A , Except as otherwise provided in these quences , or procedures of construction , or the safety General Conditions , OWNER shall issue all communk precautions and programs incident thereto , or for any cations to CONTRACTOR through ENGINEER , failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the 8 . 02 Replacement of ENGINEER Work . OWNER will not be responsible for CONTRACTOR's failure to perform the Work in A. In case of termination of the employment of accordance with the Contract Documents . ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable 8 . 10 Undisclosed Hazardous Environmental objection , whose status under the Contract Condition Documents shall be that of the former ENGINEER . A . OWNER's responsibility in respect to an 8 . 03 Furnish Data undisclosed Hazardous Environmental Condition is set forth in paragraph 4 . 06 . A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents . 8 . 11 Evidence of Financial Arrangements 8 . 04 Pay Promptly When Due A . If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that A. OWNER shall make payments to CONTRAC- financial arrangements have been made to satisfy TOR promptly when they are due as provided in OWNER' obligations under the Contract Documents , paragraphs 14 . 02 . 0 and 14 . 07 . C . OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions , 8 . 05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands ARTICLE 9 - ENGINEER'S STATUS DURING and easements and providing engineering surveys to CONSTRUCTION establish reference points are set forth in paragraphs 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to OWNER' s identifying and making available to CONTRACTOR 9 . 01 OWNER 'S Representative copies of reports of explorations and tests of subsurface conditions and drawings of physical A . ENGINEER will be OWNER's representative conditions in or relating to existing surface or during the construction period . The duties and subsurface structures at or contiguous to the Site that responsibilities and the limitations of authority of have been utilized by ENGINEER in preparing the ENGINEER as OWNER Is representative during Contract Documents , construction are set forth in the Contract Documents and will not be changed without written consent of 8 . 06 Insurance OWNER and ENGINEER . A. OWNER's responsibilities , if any, in respect to 9 . 02 Visits to Site purchasing and maintaining liability and property insur- ance are set forth in Article 5 , A . ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- 8 . 07 Change Orders tion as ENGINEER deems necessary in order to observe as an experienced and qualified design A . OWNER is obligated to execute Change professional the progress that has been made and the Orders as indicated in paragraph 10 . 03 . quality of the various aspects of CONTRACTOR's executed Work . Based on information obtained 8 . 08 Inspections, Tests, and Approvals during such visits and observations , ENGINEER , for the benefit of OWNER, will determine , in general , if A. OWNER's responsibility in respect to certain the Work is proceeding in accordance with the Con - inspections , tests , and approvals is set forth in tract Documents . ENGINEER will not be required to paragraph 13 . 03 . B . make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . 00700 - General Conditions REV 04-07 .doc 00700 - 27 F -.\Public WorKs\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWV\dmim\Contract Documents\00700 - General Conditions REV 04 -07 doc ENGINEER's efforts will be directed toward providing Documents which do not involve an adjustment in the for OWNER a greater degree of confidence that the Contract Price or the Contract Times and are compatk completed Work will conform generally to the Contract ble with the design concept of the completed Project Documents . On the basis of such visits and as a functioning whole as indicated by the Contract observations , ENGINEER will keep OWNER informed Documents . These may be accomplished by a Field of the progress of the Work and will endeavor to guard Order and will be binding on OWNER and also on OWNER against defective Work . CONTRACTOR , who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable B . ENGINEER's visits and observations are to agree on entitlement to or on the amount or extent , subject to all the limitations on ENGINEER's authority if any, of any adjustment in the Contract Price or and responsibility set forth in paragraph 9 . 10 , and Contract Times , or both , as a result of a Field Order, a particularly, but without limitation , during or as a result Claim may be made therefor as provided in paragraph of ENGINEER's visits or observations of 10 . 05 . CONTRACTOR's Work ENGINEER will not supervise , direct , control , or have authority over or be 9 . 06 Rejecting Defective Work responsible for CONTRACTOR's means , methods , techniques , sequences , or procedures of construction , A . ENGINEER will have authority to disapprove or the safety precautions and programs incident or reject Work which ENGINEER believes to be thereto , or for any failure of CONTRACTOR to comply defective , or that ENGINEER believes will not produce with Laws and Regulations applicable to the a completed Project that conforms to the Contract performance of the Work . Documents or that will prejudice the integrity of the design concept of the completed Project as a 9 . 03 Project Representative functioning whole as indicated by the Contract Documents . ENGINEER will also have authority to A. If OWNER and ENGINEER agree , ENGI - require special inspection or testing of the Work as NEER will furnish a Resident Project Representative provided in paragraph 13 . 04 , whether or not the Work to assist ENGINEER in providing more extensive is fabricated , installed , or completed . observation of the Work . The responsibilities and authority and limitations thereon of any such Resident 9 . 07 Shop Drawings, Change Orders and Project Representative and assistants will be as Payments provided in paragraph 9 . 10 and in the Supplementary Conditions , If OWNER designates another represen - A . In connection with ENGINEER's authority as tative or agent to represent OWNER at the Site who is to Shop Drawings and Samples , see paragraph 6 . 17 . not ENGINEER's Consultant , agent or employee , the responsibilities and authority and limitations thereon of B . In connection with ENGINEER's authority as such other individual or entity will be as provided in the to Change Orders , see Articles 10 , 11 , and 12 . Supplementary Conditions , C . In connection with ENGINEER's authority as 9 . 04 Clarifications and Interpretations to Applications for Payment , see Article 14 . A . ENGINEER will issue with reasonable 9 . 08 Determinations for Unit Price Work promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents A . ENGINEER will determine the actual quantk as ENGINEER may determine necessary , which shall ties and classifications of Unit Price Work performed be consistent with the intent of and reasonably by CONTRACTOR . ENGINEER will review with inferable from the Contract Documents . Such written CONTRACTOR the ENGINEER's preliminary clarifications and interpretations will be binding on determinations on such matters before rendering a OWNER and CONTRACTOR . If OWNER and CON - written decision thereon (by recommendation of an TRACTOR are unable to agree on entitlement to or on Application for Payment or otherwise ) . ENGINEER's the amount or extent , if any, of any adjustment in the written decision thereon will be final and binding Contract Price or Contract Times , or both , that should (except as modified by ENGINEER to reflect changed be allowed as a result of a written clarification or factual conditions or more accurate data ) upon interpretation , a Claim may be made therefor as OWNER and CONTRACTOR , subject to the provided in paragraph 10 . 05 . provisions of paragraph 10 . 05 . 9 . 05 Authorized Variations in Work 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work A . ENGINEER may authorize minor variations in the Work from the requirements of the Contract 00700 - General Conditions REV 04-07 .doc 00700 - 28 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of D . ENGINEER's review of the final Application the acceptability of the Work thereunder . Claims , for Payment and accompanying documentation and all disputes and other matters relating to the acceptability maintenance and operating instructions , schedules , of the Work , the quantities and classifications of Unit guarantees , Bonds , certificates of inspection , tests Price Work , the interpretation of the requirements of and approvals , and other documentation required to the Contract Documents pertaining to the be delivered by paragraph 14 . 07 .A will only be to performance of the Work , and Claims seeking determine generally that their content complies with changes in the Contract Price or Contract Times will the requirements of, and in the case of certificates of be referred initially to ENGINEER in writing , in inspections , tests , and approvals that the results accordance with the provisions of paragraph 10 . 05 , certified indicate compliance with , the Contract with a request for a formal decision . Documents . B . When functioning as interpreter and judge E . The limitations upon authority and responsibik under this paragraph 9 . 09 , ENGINEER will not show ity set forth in this paragraph 9 . 10 shall also apply to partiality to OWNER or CONTRACTOR and will not ENGINEER's Consultants , Resident Project Repre- be liable in connection with any interpretation or sentative , and assistants , decision rendered in good faith in such capacity . The rendering of a decision by ENGINEER pursuant to this ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS paragraph 9 . 09 with respect to any such Claim , dispute , or other matter (except any which have been waived by the making or acceptance of final payment 10 . 01 Authorized Changes in the Work as provided in paragraph 14 . 07 ) will be a condition precedent to any exercise by OWNER or A. Without invalidating the Agreement and CONTRACTOR of such rights or remedies as either without notice to any surety, OWNER may, at any time may otherwise have under the Contract Documents or or from time to time , order additions , deletions , or by Laws or Regulations in respect of any such Claim , revisions in the Work by a Written Amendment , a dispute , or other matter. Change Order, or a Work Change Directive . Upon receipt of any such document, CONTRACTOR shall 9 . 10 Limitations on ENGINEER 's Authority and promptly proceed with the Work involved which will be Responsibilities performed under the applicable conditions of the Contract Documents (except as otherwise specifically A. Neither ENGINEER's authority or respon - provided ) . sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by B . If OWNER and CONTRACTOR are unable to ENGINEER in good faith either to exercise or not agree on entitlement to , or on the amount or extent, if exercise such authority or responsibility or the any, of an adjustment in the Contract Price or Contract undertaking , exercise , or performance of any authority Times , or both , that should be allowed as a result of a or responsibility by ENGINEER shall create , impose , Work Change Directive , a Claim may be made or give rise to any duty in contract , tort, or otherwise therefor as provided in paragraph 10 . 05 . owed by ENGINEER to CONTRACTOR , any Subcon - tractor, any Supplier, any other individual or entity, or 10 . 02 Unauthorized Changes in the Work to any surety for or employee or agent of any of them . A. CONTRACTOR shall not be entitled to an B . ENGINEER will not supervise , direct , control , increase in the Contract Price or an extension of the or have authority over or be responsible for Contract Times with respect to any work performed CONTRACTOR's means , methods , techniques , se- that is not required by the Contract Documents as quences , or procedures of construction , or the safety amended , modified , or supplemented as provided in precautions and programs incident thereto , or for any paragraph 3 . 04 , except in the case of an emergency failure of CONTRACTOR to comply with Laws and as provided in paragraph 6 . 16 or in the case of Regulations applicable to the performance of the uncovering Work as provided in paragraph 13 . 04 . B . Work . ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in 10 . 03 Execution of Change Orders accordance with the Contract Documents , A. OWNER and CONTRACTOR shall execute C . ENGINEER will not be responsible for the appropriate Change Orders recommended by ENGk acts or omissions of CONTRACTOR or of any NEER (or Written Amendments ) covering : Subcontractor, any Supplier, or of any other individual or entity performing any of the Work . 00700 - General Conditions REV 04-07 .doc 00700 - 29 F :\Public Wcrks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc 1 . changes in the Work which are : ( i ) claimant believes it is entitled as a result of said event , ordered by OWNER pursuant to paragraph The opposing party shall submit any response to 10 . 01 .A, ( ii ) required because of acceptance of ENGINEER and the claimant within 30 days after defective Work under paragraph 13 . 08 . A or receipt of the claimant's last submittal ( unless OWNER's correction of defective Work under ENGINEER allows additional time ) . paragraph 13 . 09 , or ( iii ) agreed to by the parties ; B . ENGINEER 's Decision: ENGINEER will render a formal decision in writing within 30 days after 2 , changes in the Contract Price or receipt of the last submittal of the claimant or the last Contract Times which are agreed to by the submittal of the opposing party, if any. ENGINEER's parties , including any undisputed sum or written decision on such Claim , dispute , or other amount of time for Work actually performed in matter will be final and binding upon OWNER and accordance with a Work Change Directive ; and CONTRACTOR unless : 3 , changes in the Contract Price or 1 . an appeal from ENGINEER's Contract Times which embody the substance of decision is taken within the time limits and in any written decision rendered by ENGINEER accordance with the dispute resolution pursuant to paragraph 10 . 05 ; provided that , in procedures set forth in Article 16 ; or lieu of executing any such Change Order , an appeal may be taken from any such decision in 2 , if no such dispute resolution accordance with the provisions of the Contract procedures have been set forth in Article 16 , a Documents and applicable Laws and Regula- written notice of intention to appeal from tions , but during any such appeal , ENGINEER's written decision is delivered by CONTRACTOR shall carry on the Work and OWNER or CONTRACTOR to the other and to adhere to the progress schedule as provided in ENGINEER within 30 days after the date of paragraph 6 . 18 .A . such decision , and a formal proceeding is instituted by the appealing party in a forum of 10 . 04 Notification to Surety competent jurisdiction within 60 days after the date of such decision or within 60 days after A . If notice of any change affecting the general Substantial Completion , whichever is later scope of the Work or the provisions of the Contract (unless otherwise agreed in writing by OWNER Documents ( including , but not limited to , Contract Price and CONTRACTOR) , to exercise such rights or or Contract Times ) is required by the provisions of any remedies as the appealing party may have with Bond to be given to a surety , the giving of any such respect to such Claim , dispute , or other matter notice will be CONTRACTOR ' s responsibility . The in accordance with applicable Laws and amount of each applicable Bond will be adjusted to Regulations . reflect the effect of any such change . C . If ENGINEER does not render a formal 10 . 05 Claims and Disputes decision in writing within the time stated in paragraph 10 . 05 . B , a decision denying the Claim in its entirety A. Notice: Written notice stating the general shall be deemed to have been issued 31 days after nature of each Claim , dispute , or other matter shall be receipt of the last submittal of the claimant or the last delivered by the claimant to ENGINEER and the other submittal of the opposing party, if any. party to the Contract promptly ( but in no event later than 30 days ) after the start of the event giving rise D . No Claim for an adjustment in Contract Price thereto . Notice of the amount or extent of the Claim , or Contract Times (or Milestones ) will be valid if not dispute , or other matter with supporting data shall be submitted in accordance with this paragraph 10 . 05 . delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event ( unless ENGINEER allows additional time for claimant ARTICLE 11 - COST OF THE WORK ; CASH to submit additional or more accurate data in support ALLOWANCES ; UNIT PRICE WORK of such Claim , dispute , or other matter) . A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12 . 01 . B . 11 . 01 Cost of the Work A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of A . Costs Included: The term Cost of the Work paragraph 12 . 02 . 13 . Each Claim shall be accom - means the sum of all costs necessarily incurred and panied by claimant's written statement that the adjust- paid by CONTRACTOR in the proper performance of ment claimed is the entire adjustment to which the the Work . When the value of any Work covered by a 00700 - General Conditions REV 04-07 .doc 00700 - 30 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc Change Order or when a Claim for an adjustment in Subcontractor is to be paid on the basis of Cost Contract Price is determined on the basis of Cost of of the Work plus a fee , the Subcontractor's the Work , the costs to be reimbursed to Cost of the Work and fee shall be determined CONTRACTOR will be only those additional or in the same manner as CONTRACTOR's Cost incremental costs required because of the change in of the Work and fee as provided in this para - the Work or because of the event giving rise to the graph 11 . 01 . Claim . Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no 4 . Costs of special consultants higher than those prevailing in the locality of the ( including but not limited to engineers , Project , shall include only the following items , and architects , testing laboratories , surveyors , shall not include any of the costs itemized in para- attorneys , and accountants ) employed for graph 11 . 01 . B . services specifically related to the Work . 1 . Payroll costs for employees in the 5 . Supplemental costs including the direct employ of CONTRACTOR in the perfor- following : mance of the Work under schedules of job classifications agreed upon by OWNER and a . The proportion of necessary trans ,,, CONTRACTOR , Such employees shall include portation , travel , and subsistence expenses of without limitation superintendents , foremen , CONTRACTOR's employees incurred in dis - and other personnel employed full time at the charge of duties connected with the Work . Site . Payroll costs for employees not employed full time on the Work shall be apportioned on b . Cost , including transportation and the basis of their time spent on the Work . maintenance , of all materials , supplies , equip,, Payroll costs shall include , but not be limited to , ment , machinery, appliances , office , and salaries and wages plus the cost of fringe temporary facilities at the Site , and hand tools benefits , which shall include social security not owned by the workers , which are consumed contributions , unemployment , excise , and in the performance of the Work , and cost, less payroll taxes , workers' compensation , health market value , of such items used but not con ,, and retirement benefits , bonuses , sick leave , sumed which remain the property of CON - vacation and holiday pay applicable thereto . TRACTOR . The expenses of performing Work outside of regular working hours , on Saturday, Sunday, or c . Rentals of all construction equip- legal holidays , shall be included in the above to ment and machinery, and the parts thereof the extent authorized by OWNER . whether rented from CONTRACTOR or others in accordance with rental agreements approved 2 . Cost of all materials and equipment by OWNER with the advice of ENGINEER , and furnished and incorporated in the Work , includ - the costs of transportation , loading , unloading , ing costs of transportation and storage thereof, assembly, dismantling , and removal thereof. and Suppliers ' field services required in All such costs shall be in accordance with the connection therewith . All cash discounts shall terms of said rental agreements . The rental of accrue to CONTRACTOR unless OWNER any such equipment, machinery , or parts shall deposits funds with CONTRACTOR with which cease when the use thereof is no longer to make payments , in which case the cash necessary for the Work . discounts shall accrue to OWNER . All trade discounts , rebates and refunds and returns d . Sales , consumer, use , and other from sale of surplus materials and equipment similar taxes related to the Work , and for which shall accrue to OWNER, and CONTRACTOR CONTRACTOR is liable , imposed by Laws and shall make provisions so that they may be Regulations , obtained . e . Deposits lost for causes other than 3 . Payments made by CONTRACTOR negligence of CONTRACTOR , any Sub- to Subcontractors for Work performed by contractor, or anyone directly or indirectly Subcontractors . If required by OWNER, CON - employed by any of them or for whose acts any TRACTOR shall obtain competitive bids from of them may be liable , and royalty payments subcontractors acceptable to OWNER and and fees for permits and licenses . CONTRACTOR and shall deliver such bids to OWNER , who will then determine , with the f. Losses and damages (and related advice of ENGINEER , which bids , if any, will be expenses ) caused by damage to the Work , not acceptable . If any subcontract provides that the compensated by insurance or otherwise , sus- 00700 - General Conditions REV 04-07 .doc 00700 - 31 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWVldmim\Contract Documents\00700 - General Conditions REV 04-07 . doc tained by CONTRACTOR in connection with 2 . Expenses of CONTRACTOR's princk the performance of the Work (except losses pal and branch offices other than and damages within the deductible amounts of CONTRACTOR's office at the Site . property insurance established in accordance with paragraph 5 . 06 . D ) , provided such losses 3 . Any part of CONTRACTOR's capital and damages have resulted from causes other expenses , including interest on than the negligence of CONTRACTOR , any CONTRACTOR's capital employed for the Subcontractor, or anyone directly or indirectly Work and charges against CONTRACTOR for employed by any of them or for whose acts any delinquent payments . of them may be liable . Such losses shall include settlements made with the written 4 . Costs due to the negligence of CON - consent and approval of OWNER . No such TRACTOR, any Subcontractor , or anyone losses , damages , and expenses shall be directly or indirectly employed by any of them or included in the Cost of the Work for the for whose acts any of them may be liable , purpose of determining CONTRACTOR's fee , including but not limited to , the correction of defective Work , disposal of materials or g . The cost of utilities , fuel , and sanitary equipment wrongly supplied , and making good facilities at the Site , any damage to property . h . Minor expenses such as telegrams , 5 . Other overhead or general expense long distance telephone calls , telephone service costs of any kind and the costs of any item not at the Site , expressage , and similar petty cash specifically and expressly included in items in connection with the Work . paragraphs 11 . 01 .A and 11 . 01 . 13 . i . When the Cost of the Work is used to C . CONTRACTOR 's Fee: When all the Work is determine the value of a Change Order or of a performed on the basis of cost- plus , CONTRACTOR's Claim , the cost of premiums for additional fee shall be determined as set forth in the Agreement . Bonds and insurance required because of the When the value of any Work covered by a Change changes in the Work or caused by the event Order or when a Claim for an adjustment in Contract giving rise to the Claim . Price is determined on the basis of Cost of the Work , CONTRACTOR's fee shall be determined as set forth j . When all the Work is performed on the in paragraph 12 . 01 . C , basis of cost- plus , the costs of premiums for all Bonds and insurance CONTRACTOR is D . Documentation: Whenever the Cost of the required by the Contract Documents to Work for any purpose is to be determined pursuant to purchase and maintain . paragraphs 11 . 01 .A and 11 . 01 . 13 , 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 . CONTRACTOR's costs for unloading and handling on the Site , labor, installation 00700 - General Conditions REV 04-07 .doc 00700 - 32 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW Wdmim\Contract Documents\00700 - General Conditions REV 04-07 . doc costs , overhead , profit , and other expenses ARTICLE 12 - CHANGE OF CONTRACT PRICE ; contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances , and no demand for additional payment on account of any of the foregoing will 12 . 01 Change of Contract Price be valid . A. The Contract Price may only be changed by a B . Prior to final payment , an appropriate Change Change Order or by a Written Amendment . Any Order will be issued as recommended by ENGINEER Claim for an adjustment in the Contract Price shall be to reflect actual amounts due CONTRACTOR on based on written notice submitted by the party making account of Work covered by allowances , and the Con- the Claim to the ENGINEER and the other party to the tract Price shall be correspondingly adjusted . Contract in accordance with the provisions of para- graph 10 . 05 . 11 . 03 Unit Price Work B . The value of any Work covered by a Change A. Where the Contract Documents provide that Order or of any Claim for an adjustment in the all or part of the Work is to be Unit Price Work , initially Contract Price will be determined as follows : the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the 1 . where the Work involved is covered unit price for each separately identified item of Unit by unit prices contained in the Contract Price Work times the estimated quantity of each item Documents , by application of such unit prices to as indicated in the Agreement . The estimated the quantities of the items involved (subject to quantities of items of Unit Price Work are not guaran - the provisions of paragraph 11 . 03 ) ; or teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price . Deter- 2 , where the Work involved is not cov- minations of the actual quantities and classifications of ered by unit prices contained in the Contract Unit Price Work performed by CONTRACTOR will be Documents , by a mutually agreed lump sum made by ENGINEER subject to the provisions of (which may include an allowance for overhead paragraph 9 . 08 , and profit not necessarily in accordance with paragraph 12 . 01 . C . 2 ) ; or B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 30 where the Work involved is not cov- quate to cover CONTRACTOR's overhead and profit ered by unit prices contained in the Contract for each separately identified item . Documents and agreement to a lump sum is not reached under paragraph 12 . 01 . B . 2 , on the C . OWNER or CONTRACTOR may make a basis of the Cost of the Work (determined as Claim for an adjustment in the Contract Price in accor- provided in paragraph 11 . 01 ) plus a dance with paragraph 10 . 05 if: CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12 . 01 . C ) . 1 , the quantity of any item of Unit Price Work performed by CONTRACTOR differs C . CONTRACTOR 's Fee: The materially and significantly from the estimated CONTRACTOR's fee for overhead and profit shall be quantity of such item indicated in the determined as follows : Agreement ; and 14 a mutually acceptable fixed fee ; or 2 , there is no corresponding adjustment with respect any other item of Work ; and 2 , if a fixed fee is not agreed upon , then a fee based on the following percentages of the 3 . if CONTRACTOR believes that various portions of the Cost of the Work : CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred a , for costs incurred under para- additional expense or OWNER believes that graphs 11 . 01 .A. 1 and 11 . 01 .A . 2 , the OWNER is entitled to a decrease in Contract CONTRACTOR's fee shall be 15 percent ; Price and the parties are unable to agree as to the amount of any such increase or decrease . b , for costs incurred under paragraph 11 . 01 .A . 3 , the CONTRACTOR's fee shall be five percent ; 00700 - General Conditions REV 04-07 .doc 00700 - 33 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc c . where one or more tiers of subcon - limited to , acts or neglect by OWNER , acts or neglect tracts are on the basis of Cost of the Work of utility owners or other contractors performing other plus a fee and no fixed fee is agreed upon , work as contemplated by Article 7 , fires , floods , the intent of paragraph 12 . 01 . C . 2 . a is that epidemics , abnormal weather conditions , or acts of the Subcontractor who actually performs God . the Work , at whatever tier , will be paid a fee of 15 percent of the costs incurred by such 12 . 04 Delays Within CONTRACTOR 's Control Subcontractor under paragraphs 11 . 01 . A. 1 and 11 . 01 . A. 2 and that any higher tier A. The Contract Times (or Milestones ) will not be Subcontractor and CONTRACTOR will extended due to delays within the control of each be paid a fee of five percent of the CONTRACTOR. Delays attributable to and within the amount paid to the next lower tier Subcon - control of a Subcontractor or Supplier shall be tractor; deemed to be delays within the control of CONTRAC- TOR . d . no fee shall be payable on the basis of costs itemized under paragraphs 12 . 05 Delays Beyond OWNER 's and 11 . 01 .A .4 , 11 . 01 .A. 5 , and 11 . 01 . 13 ; CONTRACTOR 's Control e , the amount of credit to be allowed A. Where CONTRACTOR is prevented from by CONTRACTOR to OWNER for any completing any part of the Work within the Contract change which results in a net decrease in Times (or Milestones ) due to delay beyond the control cost will be the amount of the actual net of both OWNER and CONTRACTOR, an extension of decrease in cost plus a deduction in the Contract Times (or Milestones ) in an amount CONTRACTOR's fee by an amount equal equal to the time lost due to such delay shall be to five percent of such net decrease ; and CONTRACTOR's sole and exclusive remedy for such delay, f. when both additions and credits are involved in any one change , the adjustment 12 . 06 Delay Damages in CONTRACTOR's fee shall be computed on the basis of the net change in A. In no event shall OWNER or ENGINEER be accordance with paragraphs 12 . 01 . C . 2 . a liable to CONTRACTOR , any Subcontractor, any through 12 . 01 . C . 2 . e , inclusive . Supplier, or any other person or organization , or to any surety for or employee or agent of any of them , for 12 . 02 Change of Contract Times damages arising out of or resulting from : A. The Contract Times (or Milestones ) may only 1 , delays caused by or within the control be changed by a Change Order or by a Written of CONTRACTOR ; or Amendment . Any Claim for an adjustment in the Contract Times (or Milestones ) shall be based on 2 , delays beyond the control of both written notice submitted by the party making the claim OWNER and CONTRACTOR including but not to the ENGINEER and the other party to the Contract limited to fires , floods , epidemics , abnormal in accordance with the provisions of paragraph 10 . 05 . weather conditions , acts of God , or acts or neglect by utility owners or other contractors B . Any adjustment of the Contract Times (or performing other work as contemplated by Milestones ) covered by a Change Order or of any Article 7 . Claim for an adjustment in the Contract Times (or Milestones ) will be determined in accordance with the B . Nothing in this paragraph 12 . 06 bars a provisions of this Article 12 , change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay , 12 . 03 Delays Beyond CONTRACTOR 's Control interference , or disruption directly attributable to actions or inactions of OWNER or anyone for whom A . Where CONTRACTOR is prevented from OWNER is responsible , completing any part of the Work within the Contract Times (or Milestones ) due to delay beyond the control of CONTRACTOR , the Contract Times (or Milestones ) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12 . 02 . A . Delays beyond the control of CONTRACTOR shall include , but not be 00700 - General Conditions REV 04-07 .doc 00700 - 34 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07.doc ARTICLE 13 - TESTS AND INSPECTIONS ; furnish ENGINEER the required certificates of inspec- CORRECTION , REMOVAL OR ACCEPTANCE OF tion or approval . DEFECTIVE WORK D . CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in 13 . 01 Notice of Defects connection with any inspections , tests , or approvals required for OWNER Is and ENGINEER's acceptance A. Prompt notice of all defective Work of which of materials or equipment to be incorporated in the OWNER or ENGINEER has actual knowledge will be Work ; or acceptance of materials , mix designs , or given to CONTRACTOR . All defective Work may be equipment submitted for approval prior to rejected , corrected , or accepted as provided in this CONTRACTOR's purchase thereof for incorporation Article 13 . in the Work . Such inspections , tests , or approvals shall be performed by organizations acceptable to 13 . 02 Access to Work OWNER and ENGINEER . A . OWNER, ENGINEER , ENGINEER's Con- E . If any Work (or the work of others ) that is to sultants , other representatives and personnel of be inspected , tested , or approved is covered by CON . OWNER, independent testing laboratories , and TRACTOR without written concurrence of ENGk governmental agencies with jurisdictional interests will NEER, it must , if requested by ENGINEER , be uncov- have access to the Site and the Work at reasonable ered for observation , times for their observation , inspecting , and testing . CONTRACTOR shall provide them proper and safe F . Uncovering Work as provided in paragraph conditions for such access and advise them of 13 . 03 . E shall be at CONTRACTOR's expense unless CONTRACTOR's Site safety procedures and CONTRACTOR has given ENGINEER timely notice programs so that they may comply therewith as of CONTRACTOR's intention to cover the same and applicable . ENGINEER has not acted with reasonable prompt- ness in response to such notice . 13 . 03 Tests and Inspections 13 . 04 Uncovering Work A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required A. If any Work is covered contrary to the written inspections , tests , or approvals and shall cooperate request of ENGINEER , it must , if requested by ENGI - with inspection and testing personnel to facilitate NEER , be uncovered for ENGINEER's observation required inspections or tests . and replaced at CONTRACTOR's expense . B ^`o:r^ IFF . . G �^, Pley and--pay for the. B . If ENGINEER considers it necessary or advisable that covered Work be observed by ENGk NEER or inspected or tested by others , CONTRAC - TOR, at ENGINEER's request, shall uncover, expose , or otherwise make available for observation , inspec- tion , or testing as ENGINEER may require , that portion of the Work in question , furnishing all neces- below; sary labor , material , and equipment . If it is found that such Work is defective , CONTRACTOR shall pay all Claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , architects , pairagraph 13 . 04 . 13 shall be paid as pFevided On attorneys , and other professionals and all court or sand paFagraph , arbitration or other dispute resolution costs ) arising out of or relating to such uncovering , exposure , observa- tion , inspection , and testing , and of satisfactory replacement or reconstruction ( including but not limited to all costs of repair or replacement of work of C . If Laws or Regulations of any public body others ) ; and OWNER shall be entitled to an having jurisdiction require any Work (or part thereof) appropriate decrease in the Contract Price . If the specifically to be inspected , tested , or approved by an parties are unable to agree as to the amount thereof, employee or other representative of such public body, OWNER may make a Claim therefor as provided in CONTRACTOR shall assume full responsibility for paragraph 10 . 05 . If, however , such Work is not found arranging and obtaining such inspections , tests , or to be defective , CONTRACTOR shall be allowed an approvals , pay all costs in connection therewith , and increase in the Contract Price or an extension of the 00700 - General Conditions REV 04-07 .doc 00700 - 35 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 . doc Contract Times (or Milestones ) , or both , directly work of others or other land or areas resulting there- attributable to such uncovering , exposure , from . If CONTRACTOR does not promptly comply observation , inspection , testing , replacement, and with the terms of such instructions , or in an reconstruction . If the parties are unable to agree as to emergency where delay would cause serious risk of the amount or extent thereof, CONTRACTOR may loss or damage , OWNER may have the defective make a Claim therefor as provided in paragraph Work corrected or repaired or may have the rejected 10 . 05 . Work removed and replaced , and all Claims , costs , losses , and damages ( including but not limited to all 13 . 05 OWNER May Stop the Work fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or Aso If the Work ms d8fEIGWIBor G i R.A.C. TO. R other dispute resolution costs ) arising out of or relating to such correction or repair or such removal and materma !6 or I fails to perform the Work ! R replacement ( including but not limited to all costs of repair or replacement of work of others ) will be paid by CONTRACTOR . B . In special circumstances where a particular however , this right of QVVlSjF= R te step thA Wnrk shall item of equipment is placed in continuous service before Substantial Completion of all the Work , the exemise this right for the henefit of CONTRACTOR, correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment , C . Where defective Work (and damage to other 13 . 06 Correction or Removal of Defective Work Work resulting therefrom ) has been corrected or removed and replaced under this paragraph 13 . 07 , A. CONTRACTOR shall correct all defective the correction period hereunder with respect to such Work , whether or not fabricated , installed , or Work will be extended for an additional period of one completed , or, if the Work has been rejected by ENGk year after such correction or removal and replacement NEER , remove it from the Project and replace it with has been satisfactorily completed . Work that is not defective . CONTRACTOR shall pay all Claims , costs , losses , and damages ( including but D . CONTRACTOR's obligations under this not limited to all fees and charges of engineers , paragraph 13 . 07 are in addition to any other obligation architects , attorneys , and other professionals and all or warranty. The provisions of this paragraph 13 . 07 court or arbitration or other dispute resolution costs ) shall not be construed as a substitute for or a waiver arising out of or relating to such correction or removal of the provisions of any applicable statute of limitation ( including but not limited to all costs of repair or or repose . replacement of work of others ) . 13 . 08 Acceptance of Defective Work 13 . 07 Correction Period A. If, instead of requiring correction or removal A. If within one year after the date of Substantial and replacement of defective Work , OWNER ( and , Completion or such longer period of time as may be prior to ENGINEER Is recommendation of final pay- prescribed by Laws or Regulations or by the terms of ment, ENGINEER) prefers to accept it, OWNER may any applicable special guarantee required by the do so . CONTRACTOR shall pay all Claims , costs , Contract Documents or by any specific provision of the losses , and damages ( including but not limited to all Contract Documents , any Work is found to be fees and charges of engineers , architects , attorneys , defective , or if the repair of any damages to the land and other professionals and all court or arbitration or or areas made available for CONTRACTOR's use by other dispute resolution costs ) attributable to OWNER or permitted by Laws and Regulations as OWNER's evaluation of and determination to accept contemplated in paragraph 6 . 11 .A is found to be such defective Work ( such costs to be approved by defective , CONTRACTOR shall promptly, without cost ENGINEER as to reasonableness ) and the diminished to OWNER and in accordance with OWNER's written value of the Work to the extent not otherwise paid by instructions : ( i ) repair such defective land or areas , or CONTRACTOR pursuant to this sentence . If any ( ii ) correct such defective Work or , if the defective such acceptance occurs prior to ENGINEER's recom - Work has been rejected by OWNER , remove it from mendation of final payment, a Change Order will be the Project and replace it with Work that is not issued incorporating the necessary revisions in the defective , and ( iii ) satisfactorily correct or repair or Contract Documents with respect to the Work , and remove and replace any damage to other Work , to the OWNER shall be entitled to an appropriate decrease 00700 - General Conditions REV 04-07 .doc 00700 - 36 F1Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc in the Contract Price , reflecting the diminished value of Work so accepted . If the parties are unable to agree D . CONTRACTOR shall not be allowed an as to the amount thereof, OWNER may make a Claim extension of the Contract Times (or Milestones ) therefor as provided in paragraph 10 . 05 . If the because of any delay in the performance of the Work acceptance occurs after such recommendation , an attributable to the exercise by OWNER of OWNER's appropriate amount will be paid by CONTRACTOR to rights and remedies under this paragraph 13 . 09 . OWNER , 13 . 09 OWNER May Correct Defective Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected 14 . 01 Schedule of Values Work as required by ENGINEER in accordance with paragraph 13 . 06 . A, or if CONTRACTOR fails to A . The schedule of values established as provid- perform the Work in accordance with the Contract ed in paragraph 2 . 07 .A will serve as the basis for Documents , or if CONTRACTOR fails to comply with progress payments and will be incorporated into a any other provision of the Contract Documents , form of Application for Payment acceptable to ENGI - OWNER may, after seven days written notice to NEER . Progress payments on account of Unit Price CONTRACTOR, correct and remedy any such Work will be based on the number of units completed . deficiency. 14 . 02 Progress Payments B . In exercising the rights and remedies under this paragraph , OWNER shall proceed expeditiously. A . Applications for Payments In connection with such corrective and remedial action , OWNER may exclude CONTRACTOR from all 1 . At least 20 days before the date or part of the Site , take possession of all or part of the established for each progress payment (but not Work and suspend CONTRACTOR' s services related more often than once a month ) , thereto , take possession of CONTRACTOR's tools , CONTRACTOR shall submit to ENGINEER for appliances , construction equipment and machinery at review an Application for Payment filled out and the Site , and incorporate in the Work all materials and signed by CONTRACTOR covering the Work equipment stored at the Site or for which OWNER has completed as of the date of the Application and paid CONTRACTOR but which are stored elsewhere . accompanied by such supporting CONTRACTOR shall allow OWNER , OWNER's documentation as is required by the Contract representatives , agents and employees , OWNER's Documents . If payment is requested on the other contractors , and ENGINEER and ENGINEER's basis of materials and equipment not Consultants access to the Site to enable OWNER to incorporated in the Work but delivered and exercise the rights and remedies under this suitably stored at the Site or at another location paragraph . agreed to in writing , the Application for Payment shall also be accompanied by a bill of sale , C . All Claims , costs , losses , and damages invoice , or other documentation warranting that ( including but not limited to all fees and charges of OWNER has received the materials and equip- engineers , architects , attorneys , and other ment free and clear of all Liens and evidence professionals and all court or arbitration or other that the materials and equipment are covered dispute resolution costs ) incurred or sustained by by appropriate property insurance or other OWNER in exercising the rights and remedies under arrangements to protect OWNER's interest this paragraph 13 . 09 will be charged against CON - therein , all of which must be satisfactory to TRACTOR , and a Change Order will be issued OWNER , incorporating the necessary revisions in the Contract Documents with respect to the Work ; and OWNER 2 . Beginning with the second shall be entitled to an appropriate decrease in the Application for Payment , each Application shall Contract Price . If the parties are unable to agree as to include an affidavit of CONTRACTOR stating the amount of the adjustment , OWNER may make a that all previous progress payments received Claim therefor as provided in paragraph 10 . 05 . Such on account of the Work have been applied on claims , costs , losses and damages will include but not account to discharge CONTRACTOR's be limited to all costs of repair , or replacement of work legitimate obligations associated with prior of others destroyed or damaged by correction , Applications for Payment . removal , or replacement of CONTRACTOR's defective Work . 00700 - General Conditions REV 04-07 . doc 00700 - 37 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 .doc 3 . The amount of retainage with respect the Contract Documents ; or ( ii ) that there may to progress payments will be as stipulated in not be other matters or issues between the the Agreement , parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER B . Review of Applications to withhold payment to CONTRACTOR . 1 . ENGINEER will , within 10 days after 4 . Neither ENGINEER's review of receipt of each Application for Payment , either CONTRACTOR's Work for the purposes of indicate in writing a recommendation of recommending payments nor ENGINEER's payment and present the Application to recommendation of any payment , including final OWNER or return the Application to payment , will impose responsibility on CONTRACTOR indicating in writing ENGINEER to supervise , direct, or control the ENGINEER's reasons for refusing to Work or for the means , methods , techniques , recommend payment . In the latter case , CON - sequences , or procedures of construction , or TRACTOR may make the necessary the safety precautions and programs incident corrections and resubmit the Application . thereto , or for CONTRACTOR's failure to comply with Laws and Regulations applicable to 2 . ENGINEER's recommendation of CONTRACTOR's performance of the Work . any payment requested in an Application for Additionally, said review or recommendation will Payment will constitute a representation by not impose responsibility on ENGINEER to ENGINEER to OWNER, based on make any examination to ascertain how or for ENGINEER's observations on the Site of the what purposes CONTRACTOR has used the executed Work as an experienced and qualified moneys paid on account of the Contract Price , design professional and on ENGINEER'S or to determine that title to any of the Work , review of the Application for Payment and the materials , or equipment has passed to accompanying data and schedules , that to the OWNER free and clear of any Liens . best of ENGINEER's knowledge , information and belief: 5 . ENGINEER may refuse to recom - mend the whole or any part of any payment if, a . the Work has progressed to the point in ENGINEER's opinion , it would be incorrect to indicated ; make the representations to OWNER referred to in paragraph 14 . 02 . 13 . 2 . ENGINEER may b . the quality of the Work is generally in also refuse to recommend any such payment accordance with the Contract Documents or, because of subsequently discovered (subject to an evaluation of the Work as a evidence or the results of subsequent functioning whole prior to or upon inspections or tests , revise or revoke any such Substantial Completion , to the results of any payment recommendation previously made , to subsequent tests called for in the Contract such extent as may be necessary in Documents , to a final determination of ENGINEER's opinion to protect OWNER from quantities and classifications for Unit Price loss because : Work under paragraph 9 . 08 , and to any other qualifications stated in the a . the Work is defective , or completed recommendation ) ; and Work has been damaged , requiring correction or replacement ; c . The conditions precedent to CONTRACTOR's being entitled to such b . the Contract Price has been reduced payment appear to have been fulfilled in so by Written Amendment or Change Orders ; far as it is ENGINEER's responsibility to observe the Work . c . OWNER has been required to correct defective Work or complete Work in accor- 3 . By recommending any such dance with paragraph 13 . 09 ; or payment ENGINEER will not thereby be deemed to have represented that : ( i ) inspecd , ENGINEER has aGtual kRowledge 49f - tions made to check the quality or the quantity the GGIGUFFIGIRGO of any of the FWARtS ARI IMISIF of the Work as it has been performed have ated iR paragraph 15 . 02 , A, been exhaustive , extended to every aspect of the Work in progress , or involved detailed C . Payment Becomes Due inspections of the Work beyond the responsi - bilities specifically assigned to ENGINEER in 00700 - General Conditions REV 04-07 .doc 00700 - 38 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th Sl SWV\dmim\Contract Documents\00700 - General Conditions REV 04-07 . doc Appl ' Gation for Pa, �t—t6 g�WAIINIER with 14 . 04 Substantial Completion ENIGINEE�rz A . When CONTRACTOR considers the entire paragraph 14 . 02 , D ) b8130rne due , and whGR Work ready for its intended use CONTRACTOR shall d1i oil he paid by C)VVNIF= R tA CONTRACTOR notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items D . Reduction in Payment specifically listed by CONTRACTOR as incomplete ) and request that ENGINEER issue a certificate of 1 . OWNER may refuse to make Substantial Completion . Promptly thereafter , payment of the full amount recommended by OWNER, CONTRACTOR , and ENGINEER shall ENGINEER because : make an inspection of the Work to determine the status of completion . If ENGINEER does not consider a , claims have been made against the Work substantially complete , ENGINEER will OWNER on account of CONTRACTOR's notify CONTRACTOR in writing giving the reasons performance or furnishing of the Work ; therefore . „ thotonti ; llv n mnloto CAIGINEER .,ill prepare aFid b . Liens have been filed in connection with the Work , except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the a tentative lost of uterns to be GOMpleted OF G0FF8 satisfaction and discharge of such Liens ; c . there are other items entitling OWN - Make. wri+ton ohior.+ inn to €plr��F= RA , 7 ER to a set-off against the amount recommended ; or d . OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14 . 02 . B . 5 . a through In writing , the roacnnc therefor if, after 14 . 02 . B . 5 . c or paragraph 15 . 02 . A. cir+ oro+inn of C.ANNIER's ebj8 .tion ENGINEER 2 . If OWNER refuses to make payment ENGINEER , kill . ,ithmA ;; id 14 d2Y .. a oo.., to onrl 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 ;; F; FNIGINGPIR hel a eves justified after repsideratie 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 0s 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 inform knIGILIFFIR in , . ,riAinn prior +o CnlnlnlCCI7 c as an amount due as determined by paragraph 14 . 02 . C . 1 . tion ENGINEER 'S ofr,r000irl r onrlotinn , e ,ill be 14 . 03 CONTRACTOR 's Warranty of Title fit: A. CONTRACTOR warrants and guarantees B . OWNER shall have the right to exclude that title to all Work , materials , and equipment covered CONTRACTOR from the Site after the date of by any Application for Payment , whether incorporated Substantial Completion , but OWNER shall allow CON - in the Project or not , will pass to OWNER no later than TRACTOR reasonable access to complete or correct the time of payment free and clear of all Liens . items on the tentative list . 00700 - General Conditions REV 04-07 .doc 00700 - 39 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04 -07 . doc inspection with OWNER and CONTRACTOR and will 14 . 05 Partial Utilization notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is A. Use by OWNER at OWNER's option of any incomplete or defective . CONTRACTOR shall substantially completed part of the Work which has immediately take such measures as are necessary to specifically been identified in the Contract Documents , complete such Work or remedy such deficiencies . or which OWNER , ENGINEER , and CONTRACTOR agree constitutes a separately functioning and usable 14 . 07 Final Payment part of the Work that can be used by OWNER for its intended purpose without significant interference with A. Application for Payment CONTRACTOR's performance of the remainder of the Work , may be accomplished prior to Substantial 1 . After CONTRACTOR has , in the Completion of all the Work subject to the following opinion of ENGINEER , satisfactorily completed conditions . all corrections identified during the final inspection and has delivered , in accordance 1 . OWNER at any time may request with the Contract Documents , all maintenance CONTRACTOR in writing to permit OWNER to and operating instructions , schedules , guaran - use any such part of the Work which OWNER tees , Bonds , certificates or other evidence of believes to be ready for its intended use and insurance certificates of inspection , marked - up substantially complete . If CONTRACTOR record documents (as provided in paragraph agrees that such part of the Work is 6 . 12 ) , and other documents , CONTRACTOR substantially complete , CONTRACTOR will may make application for final payment follow. certify to OWNER and ENGINEER that such ing the procedure for progress payments . part of the Work is substantially complete and request ENGINEER to issue a certificate of 2 . The final Application for Payment Substantial Completion for that part of the shall be accompanied (except as previously Work . CONTRACTOR at any time may notify delivered ) by: ( i ) all documentation called for in OWNER and ENGINEER in writing that the Contract Documents , including but not CONTRACTOR considers any such part of the limited to the evidence of insurance required by Work ready for its intended use and substan - subparagraph 5 . 04 . B . 7 ; ( ii ) consent of the tially complete and request ENGINEER to issue surety, if any, to final payment; and ( iii ) a certificate of Substantial Completion for that complete and legally effective releases or part of the Work . Within a reasonable time waivers (satisfactory to OWNER) of all Lien after either such request, OWNER , rights arising out of or Liens filed in connection CONTRACTOR , and ENGINEER shall make with the Work . an inspection of that part of the Work to determine its status of completion . If 3 . In lieu of the releases or waivers of ENGINEER does not consider that part of the Liens specified in paragraph 14 . 07 . A. 2 and as Work to be substantially complete , ENGINEER approved by OWNER , CONTRACTOR may will notify OWNER and CONTRACTOR in furnish receipts or releases in full and an writing giving the reasons therefor , if affidavit of CONTRACTOR that : ( i ) the releases ENGINEER considers that part of the Work to and receipts include all labor, services , be substantially complete , the provisions of material , and equipment for which a Lien could paragraph 14 . 04 will apply with respect to be filed ; and ( ii ) all payrolls , material and certification of Substantial Completion of that equipment bills , and other indebtedness part of the Work and the division of connected with the Work for which OWNER or responsibility in respect thereof and access OWNER's property might in any way be thereto , responsible have been paid or otherwise satis- fied . If any Subcontractor or Supplier fails to 2 . No occupancy or separate operation furnish such a release or receipt in full , CON - of part of the Work may occur prior to TRACTOR may furnish a Bond or other compliance with the requirements of paragraph collateral satisfactory to OWNER to indemnify 5 . 10 regarding property insurance . OWNER against any Lien . 14 . 06 Final Inspection B . Review of Application and Acceptance A . Upon written notice from CONTRACTOR that 1 . If, on the basis of ENGINEER' s the entire Work or an agreed portion thereof is observation of the Work during construction complete , ENGINEER will promptly make a final and final inspection , and ENGINEER 9s review 00700 - General Conditions REV 04-07.doc 00700 - 40 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc of the final Application for Payment and 1t a waiver of all Claims by OWNER accompanying documentation as required by against CONTRACTOR , except Claims arising the Contract Documents , ENGINEER is from unsettled Liens , from defective Work satisfied that the Work has been completed appearing after final inspection pursuant to and CONTRACTOR's other obligations under paragraph 14 . 06 , from failure to comply with the the Contract Documents have been fulfilled , Contract Documents or the terms of any special ENGINEER will , within ten days after receipt of guarantees specified therein , or from the final Application for Payment , indicate in CONTRACTOR's continuing obligations under writing ENGINEER's recommendation of the Contract Documents ; and payment and present the Application for Payment to OWNER for payment . At the same 20 a waiver of all Claims by CONTRAC- time ENGINEER will also give written notice to TOR against OWNER other than those OWNER and CONTRACTOR that the Work is previously made in writing which are still acceptable subject to the provisions of unsettled . paragraph 14 . 09 . Otherwise , ENGINEER will return the Application for Payment to CONTRACTOR , indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment . 15 . 01 OWNER May Suspend Work C . Payment Becomes Due A. At any time and without cause , OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in OWNER of the Applil for Payment ;; Ad writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - TRACTOR shall resume the Work on the date so 2Rd , WheR III 1A ; Agmll be paid by QVVNF= R to fixed . 14 . 08 Final Completion Delayed as provided iR paragpaph 10 05 A. If, through no fault of CONTRACTOR , final completion of the Work is significantly delayed , and if 15 . 02 OWNER May Terminate for Cause ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER , and without terminat- following events will justify termination for cause : ing the Agreement , make payment of the balance due for that portion of the Work fully completed and 1 . CONTRACTOR's persistent failure accepted . If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents ( including , but not limited less than the retainage stipulated in the Agreement , to , failure to supply sufficient skilled workers or and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5 . 01 , the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2 . 07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6 . 04 ) ; by CONTRACTOR to ENGINEER with the Application for such payment . Such payment shall be made 2 . CONTRACTOR's disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment , except that it shall not constitute a waiver of jurisdiction ; Claims . 3 . CONTRACTOR's disregard of the 14 . 09 Waiver of Claims authority of ENGINEER; or A. The making and acceptance of final payment 4 . CONTRACTOR's violation in any will constitute : substantial way of any provisions of the Contract Documents . 00700 - General Conditions REV 04-07 .doc 00700 - 41 FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\00700 - General Conditions REV 04-07 .doc B . If one or more of the events identified in services and furnishing labor , materials , or paragraph 15 . 02 .A occur, OWNER may, after giving equipment as required by the Contract CONTRACTOR (and the surety, if any) seven days Documents in connection with uncompleted written notice , terminate the services of Work , plus fair and reasonable sums for CONTRACTOR, exclude CONTRACTOR from the overhead and profit on such expenses ; Site , and take possession of the Work and of all CONTRACTOR's tools , appliances , construction 3 , for all claims , costs , losses , and equipment, and machinery at the Site , and use the damages ( including but not limited to all fees same to the full extent they could be used by and charges of engineers , architects , attorneys , CONTRACTOR (without liability to CONTRACTOR for and other professionals and all court or trespass or conversion ) , incorporate in the Work all arbitration or other dispute resolution costs ) in - materials and equipment stored at the Site or for curred in settlement of terminated contracts which OWNER has paid CONTRACTOR but which with Subcontractors , Suppliers , and others ; and are stored elsewhere , and finish the Work as OWNER may deem expedient . In such case , CONTRACTOR 40 for reasonable expenses directly shall not be entitled to receive any further payment attributable to termination , until the Work is finished . If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and B . CONTRACTOR shall not be paid on account damages ( including but not limited to all fees and of loss of anticipated profits or revenue or other eco - charges of engineers , architects , attorneys , and other nomic loss arising out of or resulting from such professionals and all court or arbitration or other termination . dispute resolution costs ) sustained by OWNER arising out of or relating to completing the Work , such excess 15 . 04 CONTRACTOR May Stop Work or will be paid to CONTRACTOR . If such claims , costs , Terminate losses , and damages exceed such unpaid balance , CONTRACTOR shall pay the difference to OWNER . A. If, through no act or fault of CONTRACTOR, Such claims , costs , losses , and damages incurred by the Work is suspended for more than 90 consecutive OWNER will be reviewed by ENGINEER as to their days by OWNER or under an order of court or other reasonableness and , when so approved by public authority, or ENGINEER fails to act on any ENGINEER , incorporated in a Change Order . When Application for Payment within 30 days after it is exercising any rights or remedies under this submitted , A. r CANNER fails feF 30 days to pay GON-mos paragraph OWNER shall not be required to obtain the , then lowest price for the Work performed . CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER , and provided OWNER C . Where CONTRACTOR' s services have been or ENGINEER do not remedy such suspension or so terminated by OWNER , the termination will not failure within that time , terminate the Contract and affect any rights or remedies of OWNER against recover from OWNER payment on the same terms as CONTRACTOR then existing or which may thereafter provided in paragraph 15 . 03 . In lieu of terminating the accrue . Any retention or payment of moneys due Contract and without prejudice to any other right or CONTRACTOR by OWNER will not release CON - remedy, if ENGINEER has failed to act on an TRACTOR from liability . Application for Payment within 30 days after it is submitted , Pr Q!IA1NIF= R h ;; F; failed for 30 dayls to pay 15 . 03 OWNER May Terminate For Convenience , CONTRACTOR may, seven days after written notice A . Upon seven days written notice to CON - to OWNER and ENGINEER, stop the Work until TRACTOR and ENGINEER , OWNER may, without payment is made of all such amounts due cause and without prejudice to any other right or CONTRACTOR , including interest thereon . The remedy of OWNER, elect to terminate the Contract , provisions of this paragraph 15 . 04 are not intended to In such case , CONTRACTOR shall be paid (without preclude CONTRACTOR from making a Claim under duplication of any items ) : paragraph 10 . 05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or 1 , for completed and acceptable Work damage directly attributable to CONTRACTOR's executed in accordance with the Contract stopping the Work as permitted by this paragraph . Documents prior to the effective date of termination , including fair and reasonable sums for overhead and profit on such Work ; 2 , for expenses sustained prior to the effective date of termination in performing 00700 - General Conditions REV 04-07 .doc 00700 - 42 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW Wdmim\Contract Documents\00700 - General Conditions REV 04-07 . doc ARTICLE 16 - DISPUTE RESOLUTION 17 . 04 Survival of Obligations A. All representations , indemnifications , warran - 16 . 01 Methods and Procedures ties , and guarantees made in , required by, or given in accordance with the Contract Documents , as well as A. Dispute resolution methods and procedures , if all continuing obligations indicated in the Contract any, shall be as set forth in the Supplementary Documents , will survive final payment, completion , Conditions . If no method and procedure has been set and acceptance of the Work or termination or comple- forth , and subject to the provisions of paragraphs 9 . 09 tion of the Agreement . and 10 . 05 , OWNER and CONTRACTOR may exercise such rights or remedies as either may 17 . 05 Controlling Law otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute . A . This Contract is to be governed by the law of the state in which the Project is located . ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice , it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known to the giver of the notice . 17 . 02 Computation of Times A. When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and include the last day of such period . If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction , such day will be omitted from the computation . 17 . 03 Cumulative Remedies A . The duties and obligations imposed by these General Conditions and the rights and remedies avail - able hereunder to the parties hereto are in addition to , and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee , or by other provisions of the Contract Documents , and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation , right , and remedy to which they apply . 00700 - General Conditions REV 04-07 .doc 00700 - 43 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC — 1 . 01 Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Performance , Payment and Other Bonds SC — 5 . 01 Certificates of Insurance SC — 5 . 03 CONTRACTOR ' S Liability Insurance SC — 5 . 04 OWNER ' S Liability Insurance SC — 5 . 05 Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor ; Working Hours SC — 6 . 02 Permits SC — 6 . 06 Test and Inspections SC — 13 . 03 Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 Arbitration SC — 16 . 03 Liens SC — 17 . 06 00800-i 00800 - Supplementary Conditions 06-09 rev . doc 00800 IF :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC - 1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910 - 8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below . All provisions , which are not so amended or supplemented , remain in full force and effect . The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions , SC - 1 . 01 Defined Terms SC- 1 . 01 . A . 20 . Delete paragraph GC 1 . 01 . A . 20 in its entirety. SC -1 . 02 Terminology SC- 1 , 024Do1 , 2 , and 3 Delete paragraphs GC4 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place : D . Furnish, Install, Perform, Provide 1 . The word "furnish " shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install' shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform " or " provide " shall mean to furnish and install services , materials , or equipment complete and ready for intended use . SC -2 . 05 Before Starting Construction SC -2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . SC -2 . 06 Preconstruction Conference SC- 2 . 06 Delete paragraph GC-2. 06. A in its entirety and insert the following paragraph in its place: A . Immediately after awarding the contract , but before the CONTRACTOR begins work , the Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in 00800- 1 00800 - Supplementary Conditions 06-09 rev . doc 00800 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc paragraph 2 . 05 . 8 , procedures for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . SC -3 . 06 Coordination of Plans , Specifications , and Special Provisions SC -3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 05: SC - 3 . 06 Coordination of Plans, Specifications, and Special Provisions A . In case of discrepancy , the governing order of the documents shall be as follows : 1 . Written Interpretations 2 , Addenda 3 , Specifications 4 , Supplementary Conditions to the General Conditions 5 . General Conditions 6 , Approved Shop Drawings 7 , Drawings 8 , Referenced Standards , B . Written/computed dimensions shall govern over scaled dimensions . SC4 . 02 Subsurface and Physical Conditions SC4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. B: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER ' s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : D . Reports and drawings itemized in SC4 . 02 . 0 are not included with the Bidding Documents . Copies may be examined at Indian River County Administration Building , Public Works , 1801 27th Street , Vero Beach , FL 32960 during regular business hours . These reports and drawings are not part of the Contract Documents , SC -5 . 01 Performance , Payment and Other Bonds SC- 5 . 01 . A . Delete paragraph GC-5. 01 . A in its entirety and insert the following paragraphs in its place: 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 . 00800-2 00800 - Supplementary Conditions 06-09 rev . doc 00800 2F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW Admim\Contract Documents\00800 - Supplementary Conditions 06 -09 rev doc 3 . The CONTRACTOR shall record , the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after it is recorded . The CONTRACTOR shall pay all costs . SC -5 . 03 Certificates of Insurance SC - 5 . 03 Delete the second sentence of paragraph GC-5. 03 in its entirety. SC -5 . 04 CONTRACTOR' s Liability Insurance SC-5 . 04 Add the following new paragraphs immediately after paragraph GC- 5. 04. 8: C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker' s Compensation : To meet statutory limits in compliance with the Worker's Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident , $ 500 , 000 disease ( policy limit ) and $ 100 , 000 disease (each employee ) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee (s ) of the CONTRACTOR . 2 . Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C , Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 , Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C , Non -Owned Autos . 4 . CONTRACTOR' s "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk" insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER' s Risk Manager for review and approval . 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 , 00800-3 00800 - Supplementary Conditions 06-09 rev . doc 00800 3FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00800 - Supplementary Conditions 05-09 rev .doc Co The OWNER will be given thirty ( 30 ) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER ' s Risk Manager . d . An appropriate " Indemnification " clause shall be made a provision of the Contract ( see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best ' s Rating . D . Additional Insureds : 1 . In addition to " Indian River County , Florida , " the following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR IS liability insurance policies : a . NONE b . C , SC -5 . 05 OWNER' s Liability Insurance SC- 5 . 05 Delete paragraph GC-5. 05. A in its entirety. SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06. A , B, and C in their entirety and insert the following paragraphs in their place: A . CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER ' s Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 20 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 ) ; 00800-4 00800 - Supplementary Conditions 06 -09 rev. doc 00800 4F :\Public Works\ENGINEERING DIVISION PROJECTS\0391-27th Ave at 5th Sl SWWdmim\Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc 4 . cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 5 , allow for partial utilization of the Work by OWNER ; 6 , include testing and startup ; and 7 , be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self- insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . SC-5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : 1 . The following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR ' s property insurance policies : a . Indian River County , Florida b . NONE C . SC -5 . 07 Waiver of Rights SC-5 . 07 Delete GC-5. 07 (paragraphs A. B, and C) in its entirety. SC -5 . 08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. SC -5 . 09 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 . B . Add the following paragraphs immediately after paragraph GC- 6. 02. 8: 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year' s Day , Good Friday , Memorial Day , Independence Day , Labor Day , Veterans Day , Thanksgiving Day , Friday after Thanksgiving , Christmas Eve and Christmas Day . Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager , 3 , The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week , even though such overtime work may be required under 00800-5 00800 - Supplementary Conditions 06-09 rev. doc 00800 5F \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER Is employees and costs of ENGINEER ' s Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m . except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC -6 . 06 . C . Add the following sentence at the end of paragraph GC- 6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity . SC -6 . 08 Permits SC -6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : 1 . The OWNER has obtained the following permits ( copies of these permits are contained in Appendix 'A" ) : 2 . The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER . 3 , The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SCA103 Test and Inspections SC - 13 . 03 . 6 . Delete the first sentence of paragraph GC43. 03. 8 in its entirety, and insert the following sentences in its place: B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below . Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 00800-6 00800 - Supplementary Conditions 06-09 rev . doc 00800 6F \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev doc 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below ; 2 , costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; 36 tests otherwise specifically provided in the Contract Documents . 13 . 05 OWNER May Stop the Work SC- 13 . 05 . A . Delete paragraph GC- 13. 05. A in its entirety and insert the following paragraph in its place: A . If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment , or fails to comply with permit requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work , or any portion thereof, until the cause for such order has been eliminated ; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR , any Subcontractor, any Supplier, any other individual or entity , or any surety for, or employee or agent of any of them . 14 . 02 Progress Payments SC- 14 . 02 . B . 5 . Delete paragraph GC44. 02. 8. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A ; or SC- 14 . 02 . 13 . 5 . Add the following sentences at the end of paragraph GC44. 02. B . 5: e . OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . SC- 14 . 02 . C . 1 . Delete paragraph GC44 . 02. CA in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act . F . S . 218 . 70 et . seq . SC - 14 . 04A . After the third sentence in paragraph GC44 . 04A of the General Conditions, delete the remainder of paragraph 14 . 04A in its entirety and replace with the following: " If Engineer considers the Work substantially complete , Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix 00800-7 00800 - Supplementary Conditions 06-09 rev . doc 00800 7FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev.doc 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 . 07 Final Payment SC- 14 . 07 . C . 1 . Delete paragraph GC- 14. 07. C. 1 in its entirety and insert the following paragraph in its place : C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218 . 70 , et . seq . SC - 15 . 01 OWNER May Suspend Work SC - 15 . 01 . A Delete the last sentence in paragraph GC- 15. 01 . A and insert the following in its place : CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension . SC - 15 . 02 OWNER May Terminate For Cause SC - 15 . 02 . A . 5 and SC - 15 . 02 . A . 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4: 00800-8 00800 - Supplementary Conditions 06-09 rev . doc 00800 8F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc 5 . CONTRACTOR ' s violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR ' s failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC -15 . 04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GC45. 04. A : er OWNER fails fer 30 days te pay GONT-RAGTOR aRy sum finally deterFR " RGd tG be dWGT SC- 15 . 04 Delete the following text from the second sentence of paragraph GC45. 04. A : due�y 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 1 T 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 subiect 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- 00800- 9 00800 - Supplementary Conditions 06-09 rev . doc 00800 9F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc 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 . 017 Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . + + END OF SUPPLEMENTARY CONDITIONS + + 00800- 10 00800 - Supplementary Conditions 06-09 rev . doc 00800 10F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00800 - Supplementary Conditions 06-09 rev .doc SECTION 00942 - Change Order Form No , DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No , 2012029 Project : 2 avenue Milling and Resurfacinq ( Oslo Road to S . R . 60 ) OWNER' s Project No . 0391 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 F \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWVadmim\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 Bid No . 2012029 Project : 27�nue Milling and Resurfacing ( Oslo Road to S . Rs 60 ) OWNER' s Project No . 0391 ENGINEER : Indian River County Field Activity Description : Reason for Change : Recommended Disposition : Field Operations Officer / Engineer ( Signature ) Date Disposition : Contractor' s Onsite Supervisor ( Signature ) Date Distribution : Field Operations Officer Others as Required : On -site Supervisor Project File * * END OF SECTION 00946 - Field Order Form REV 04-07 . doc F : \Public Works\ENGINEERING DIVISION PROJECTS \0391 -27th Ave at 5th St SW\Admim \Contract Documents\00946 - Field Order Form REV 04-07 . doc SECTION 00948 - Work Change Directive No , EFFECTIVE DATE : DATE OF ISSUANCE : OWNER : Indian River County CONTRACTOR : Bid No . : 2012029 Project : 27� ue Milling and Resurfacing ( Oslo Road to S . R . 60 ) OWNER ' s Project No , 0391 ENGINEER : Indian River County You are directed to proceed promptly with the following changes : Description : Purpose of Work Change Directive : Attachments : ( List documents supporting change ) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents . Method of determining change in Method of determining change in Contract Prices : Contract Times ❑ Unit Prices II Contractor' s Records ❑ Lump Sum II Engineer' s Records II Other: F1 Other: ❑ By Change Order: II By Change Order: Estimated increase ( decrease ) in Contract Price : Estimated increase ( decrease) in Contract Times : $ Substantial Completion : days ; Ready for Final Completion : days . If the change involves an increase , the estimated If the change involves an increase , the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature ) Date : Date : Date : * * END OF SECTION F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\00948 - Work Change Directive REV 04-07 . doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO . SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS , PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\DIVISION 1 GENERAL REQUIREMENTS . doc SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor , construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC - 6 . 02 . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : 4550 41 st Street , at the CONTRACTOR ' s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR Is expense . D . In addition to these Specifications all work must comply with the requirements of the local governing agency , St . Johns River Water Management District , Department of Environmental Protection , Corps of Engineers , Indian River Farms Water Control District , and all other applicable State or Federal agencies ' specifications and permits . In the event of a conflict , the more stringent specification or requirement shall govern . E . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner , or verify in writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate owner ten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the work site . 01009 - 1 01009 -Special Provisions F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01009 - Special Provisions . doc SECTION 01024 FORCE ACCOUNT 1 . 1 General CONTRACTOR shall furnish all labor, materials , equipment and incidentals necessary to perform additional work not covered on the Contract Drawings . The force Account is intended as a contingency for unforeseen work . 1_1 PAYMENT A . Lump sum amount for force account work is included in the bid schedule . The value of force account work will be determined in accordance with Article 12 of the General Conditions . + + END OF SECTION + + 01024- 1 P :APublic Works\ENGINEERING DIVISION PRO.IEC I 'S\0391 -27th Ave at 5th St SW\AdminAContract Documents\01024 - Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor . B . Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . 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 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SMAdmim\Contract Documents\01050 - Field Engineering . doc B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR' s work shall be replaced by a Florida Registered Land Sur- veyor and Mapper , at the CONTRACTOR Is expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work , the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract . C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper . D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper . 1 . 3 STATION BOARDS A . CONTRACTOR shall erect and maintain white/ black standard FDOT station markers every 100 feet . 1 . 4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5J of FDOT Standard Specifications . + + END OF SECTION + + 1050-2 01050 Field Engineering FAPublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th Sl SW\Admim\Contract Documents\01050 - Field Engineering .doc SECTION 01091 REFERENCE STANDARDS 1 . 1 GENERAL A . Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization or body , it shall be construed to mean the latest standard , code , specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or when applicable laws , ordinances , rules , regulations or codes establish stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full . B . Reference to a technical society , organization , or body may be made in the Specifications by abbreviations , in accordance with the following list : AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards IF Tublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01091 - Reference Standards. doc CRSI Concrete Reinforcing Steel Institute FDEP/ DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/ DOT Florida Department of Transportation U . L . , Inc . Underwriter' s Laboratories , Inc . SSPC Steel Structures Painting Council SJRWMD St . Johns River Water Management District C . When no reference is made to a code , standard or specification , the standard specifications of ASTM , FDOT , or ANSI shall govern . D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevails . + + END OF SECTION + + 01091 -2 01091 Reference Standards F :\Publ c Warks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\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 will employ and pay for the services of independent testing laboratories to perform those required inspections and tests . B . CONTRACTORS General Responsibility : No failure of test agencies , whether engaged by the OWNER or CONTRACTOR , to perform adequate inspections of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR , OWNER , ENGINEER , and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work . The program is not intended to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . 1 . 3 QUALITY ASSURANCE A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre-qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . 1 . 4 PRODUCT DELIVERY- STORAGE - HANDLING Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses ( and resulting delays ) , thereby ensuring highest quality results as the performance of the work progresses . Control delivery schedules so as to minimize unnecessary long -term storage at the project site prior to installation . 01215- 1 01215 General Quality Control F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01215 General Quality . doc 1 . 5 PROJECT PHOTOGRAPHS/VIDEOS A . The CONTRACTOR shall make provisions , at his expense , for photographs and video tapes of all work areas just prior to construction , and for unusual conditions during construction . The photographs and videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . B . Pre- Construction Photographs and Video : 1 . Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction . These photographs and videos shall be a standard DVD format and shall be narrated . 2 . The photographs and video shall include , but not be limited to , the following items shown in a clear manner : 1 ) All existing features within the right- of-way . 2 ) All existing features within the temporary construction easement . 3 ) All existing features within permanent easements . 4 ) All existing features adjacent to any construction . 3 . Detail of the photographs and video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . 2 ) Condition of fencing . 3 ) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7 ) Conditions of lighting and associated wiring . 8 ) Significant detail of any pre-existing damages physical features shall be shown . The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers . 9 ) These photographs and video record shall be presented and approved by the Owner prior to the Notice to Proceed . A copy shall be kept in the Contractor' s field office . 10 ) Payment — No additional payment will be made for this work . + + END OF SECTION + + 01215-2 01215 General Quality Control F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents \01215 General Quality. doc SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . B . Place : CONTRACTOR ' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR B . SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER D . OWNER' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders . 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off- site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220 - 1 01220 Progress Meetings F .Tublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01220 - Progress Meetings . doc SECTION 01310 CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . Be 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 . Be Show changes occurring since the previous submission listing : 1 . Major changes in scope . 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt . If required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for payment . 01310- 1 01310 Construction Schedule F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01310 - Construction Schedule . doc 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions ( updated ) to : 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies ) . 5 . ENGINEER B . In the cover letter, instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . + + END OF SECTION + + 01310-2 01310 Construction Schedule F : \PublicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01310 - Construction Schedule .doc 01340 — Submittal of Shop Drawings 1 . 1 SCOPE A . Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Article 6 . 17 of the General Conditions , Section 00700 , and as described in this Section . 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor, supplier, or distributor, which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Article 6 . 17 , Section 00700 . 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 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW Admim\Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings 1 . 5 CONTRACTOR ' S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . The CONTRACTOR ' s responsibilities for submittal of shop drawings , product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . Be Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work . Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means , methods , techniques , sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTOR ' s responsibility . 1 . It is CONTRACTOR' S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents . 2 . Incomplete or inadequate submittals will be returned for revision without review . Co The CONTRACTOR' s responsibility for errors and omissions in submittals is not relieved by the ENGINEER' s review of submittals . The CONTRACTOR shall approve the shop drawings based on his in -the-field measurements , prior to submittal to the ENGINEER for his review . D . Notify the ENGINEER , in writing at the time of submission , of deviations in submittals from the requirements of the Contract Documents . The CONTRACTOR ' s responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER ' s review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER ' s stamp and initials or signature indicating the submittal has been reviewed . 01340 - Submittal of Shop Drawings . doo 01340-2 F : \PublicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER' S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Engineering Division 1801 27th Street Vero Beach , FL 32960 B . A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER ' S Name 2 . Project Name 3 . Contract Number 4 . Transmittal Number 5 . Section Number D . All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings . doc 01340-3 F :\Pu1bficWorks\ENG1NEER1NG DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01340 - Submittal of Shop D rawi ngs . doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO . Contractor : Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re- Submittal Project Name : 27th Avenue Milling and Resurfacing ( Oslo Road to S . R . 60 ) Project No . : 0391 ❑ 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 Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No . Copies Ret' d Vero Beach , FI . 32960 Remarks : Distribution of Copies : IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings . doc 01340-4 F : \PubIicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix " B " for the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six ( 6 ) copies of all submittals that are on 11 - inch by 1 74c or smaller sheets ( no less than 8 1 /24ch x 11 - inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 - inch by 17- inch . H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations : 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 . Not Approved I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected " . Three ( 3 ) prints or copies of the submittal will be returned to CONTRACTOR . J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order , ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . K . If a Shop Drawing marked "Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit . " L . If a submittal is unacceptable , three ( 3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . " Revise and Resubmit" 2 . " Not Approved " 01340 - Submittal of Shop Drawings . doc 01340-5 F: \Pu1b1icWorks\ENG1NEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner . P . ENGINEER will review and process all submittals promptly , but a reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved Shop Drawings to CONTRACTOR . Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other items requiring approval , will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER' S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR . + + END OF SECTION + + 01340 - Submittal of Shop Drawings . doc 01340-6 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01340 - Submittal of Shop Drawings . doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . B . All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses , etc. , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all temporary water lines . 01520 - 1 F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01520 - Construction Facilities . doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B . TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather, spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + 01520 -2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01520 - Construction Facilities . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . B . In order to prevent damage , injury or loss , CONTRACTOR' S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly , safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather , theft , breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment , except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway , right- of-way , or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work . CONTRACTOR ' s responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 01541 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW \Admim\Contract Documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . Be Do not store or park materials or equipment within the drip line . Co Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run -off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality . I . Coordinate Work in this Section with requirements of other sections herein . 1 . 4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two ( 2 ) days . Irrigation systems partially within the right-of-way of 27th Avenue and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality . The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way . 01541 -2 F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim \Contract Documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer, water , gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water , sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR Is failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR Is operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility , contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/ restore utility service to the satisfaction of the appropriate utility . Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , the CONTRACTOR shall notify the owner or occupant , both before the interruption ( 24 - hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner . 01541 -3 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW \Admim \Contract Documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , restore it to original condition at CONTRACTOR ' s expense . 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the Work , which shall be paid for under the provisions of Article 11 of the General Conditions . B . Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any extension below the surface . Surface structures include , but are not limited to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs , markers , curbs , walks and all other facil - ities that are visible above the ground surface . C . Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury , all underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully , and as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work . CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work , to the satisfaction of the OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR ' S expense . 01541 -4 F : \Pub1icWorks\ENGINEERING DIVISION PROJECTS\039127th Ave at 5th St SW \Admim \Contract Documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may be encountered , whether or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer . This information is not guaranteed , however , and it shall be this CONTRACTOR ' s responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS , COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . B . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + 01541 - 5 F :\PublicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\01541 - Protection of Property . doc SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 1 . 1 GENERAL A . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions . B . Prevent interference with traffic and the OWNER' s operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR' s operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner . 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . B . All trucks carrying earth shall be covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two ( 2 ) written warnings , after which the CONTRACTOR shall pay a fine of $ 50 per uncovered truck to the Owner when invoked by the Owner to Owner' s Engineer . All cleanup shall be the responsibility of the CONTRACTOR . C . All trucks/ moving equipment shall have backup warning horns in proper working order while on the job site . + + END OF SECTION + + 01550 Access Roads 01550 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01550 - Access Rnark rinr SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . 01610- 1 F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01610 - Transportation and Handling of Materials and Equipment. doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly . G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging . B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment . + + END OF SECTION + + 01610-2 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th StSW\Admim\Contract Documents\01610 - Transportation and Handling of Materials and Equipment . doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01611 - Storage of Materials . doc SECTION 01630 SUBSTITUTIONS 1 . 1 GENERAL A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , " Substitutes and Or- Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents . 1 . 2 CONTRACTOR ' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer , fabricator , supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . Be For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . Co For products specified by naming one or more products or manufacturers and stating "or equivalent , " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR' s option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . Be Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 05 of General Conditions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer' s name and address . b . Manufacturer' s literature with product description , performance and test data , and reference standards . 01630- 1 01630 Substitutions F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01630 - Substitutions . doc c . Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method specified . C . In making Request for Substitution , CONTRACTOR represents that : 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer, or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents . 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product , manufacturer , or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 3 . If the substitution will not require a more extensive review , Engineer will proceed with the review without additional cost to CONTRACTOR . 01630-2 01630 Substitutions F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01630 - Substitutions . doc 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR ' s expense additional data about the proposed substitute . H . Any redesign of structural members shall be performed by , and the plans signed and sealed by , a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR Is expense . Any redesign will require an extensive review by the Engineer . The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner' s Engineer proceeding with the design review . The ENGINEER ' s hourly rate for review is $ 125 per hour . The ENGINEER ' s estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request . I . Engineer will be allowed a reasonable time within which to evaluate each proposed substitution . Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution . The CONTRACTOR shall not order, install , or utilize any substitution without either an executed Change Order or Engineer' s notation on the reviewed shop drawing . Owner may require CONTRACTOR to furnish at CONTRACTOR ' s expense a special manufacturer' s performance guarantee ( s ) or other surety with respect to any substitute and an indemnification by the CONTRACTOR . ENGINEER will record time required by Engineer and Engineer' s consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby . Whether or not a proposed substitute is sued , CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer' s consultants for evaluating each proposed substitute . J . Substitute materials or equipment may be proposed for acceptance in accordance with this Section . In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment , than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment . + + END OF SECTION + + 01630- 3 01630 Substitutions F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim\Contract Documents\01630 - Substitutions .doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor, equipment , appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR ' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project , unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway , roadside , and landscaping work within any right-of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710 - 1 F :\PubiicWorks\ENGINEER1NG DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01710 - Site Cleanup. dor. G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer . Follow the manufacturer' s directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and /or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710-2 F :\PubIicWorks\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\01710 - Site Cleanup. doc; SECTION 01820 Post Final Inspection 1A GENERAL A . Approximately one year after Substantial Completion , the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection . B . Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13 , General Conditions . C . After the inspection , the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds . 001820 - Post Final Inspection . doc 001820 - 1 F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\001820 - Post Final Inspection . doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO , 00001 Technical Specifications SECTION NO , 00004 Scope of Work SECTION NO . 00101 Mobilization SECTION NO . 00102 Maintenance of Traffic SECTION NO , 00104 Erosion and Water Pollution Control SECTION NO . 00108 Record Drawings/As- Built Drawings SECTION NO , 00110 Clearing and Grubbing SECTION NO , 00120 Excavation and Embankment SECTION NO , 00160 Stabilization SECTION NO . 00285 Cemented Coquina Shell Base SECTION NO , 00327 Milling of Existing Asphaltic Pavement SECTION NO , 00334 Superpave Asphaltic Concrete SECTION NO , 00425 Inlets , Manholes and Junction Boxes SECTION NO . 00430 Pipe Culverts and Storm Sewers SECTION NO . 00520 Concrete Curb & Gutter SECTION NO , 00522 Concrete Sidewalk SECTION NO , 00570 Performance Turf SECTION NO , 00700 Signing and Pavement Markings F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08 . doc SECTION - 1 - Technical Specifications STANDARD SPECIFICATIONS A . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2010 , and Supplemental Specification , Special Provisions and addenda thereto , except as modified and supplemented hereinafter . Reference to Article numbers herein -after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc . may refer to the " Owner" , " Department" , " State of Florida Department of Transportation " , or words relating to offices of State Government , such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word " Owner' s Engineer" , " District Engineer" , " Engineer" , " Project Engineer" , etc . , appears , it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department , Engineering Division acting directly or through duly authorized representatives . Wherever the word " Resident Engineer" appears , it shall be taken to mean an authorized representative of the Owner' s Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County , assigned to observe the progress quantity and quality of the work . The work to be performed per sheet Bid item 1643 -700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of Utility Services , Water , Wastewater , Utility Standards Dated September , 2011 . The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings , Signing & Geometrics Dated July , 2011 . SECTION - 4- SCOPE OF WORK Section 4 - 3 . 9 Value Engineering Incentive is deleted in its entirety . SECTION - 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . (2010 Edition ) Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 101 - 1 - Mobilization - Lump Sum 01025- 1 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc SECTION - 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 Edition ) , except as modified herein . A . GENERAL PROVISIONS - DESCRIPTION : The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period , including any temporary suspensions of the work . It shall include the construction and maintenance of any necessary detour facilities ; the providing of necessary facilities for access to residences , businesses , etc . , along the project ; the furnishing , installing and maintaining of traffic control and safety devices during construction , the control of dust through the use of calcium chloride if necessary , and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans . The term , Maintenance of Traffic , as used herein , shall include all of such facilities , devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . B . BEGINNING DATE OF CONTRACTOR ' S RESPONSIBILITY : The Contractorshall present his Maintenance of Traffic Plan at the pre-construction conference . The Maintenance of Traffic Plan shall indicate the type and location of all signs , lights , barricades , striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen . The plan will indicate conditions and setups for each phase of the Contractor's activities . When the project plans include or specify a specific Maintenance of Traffic Plan , alternate proposals will be considered when they are found to be equal to or better than the plan specified . In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer . Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing . Except in an emergency , no changes to the approved plan will be allowed until approval to change such plan has been received . The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic . The Contractor shall be responsible for performing daily inspections , including weekends and holidays , with some inspections at nighttime , of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection . The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary . 01025-2 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc C . TRAFFIC CONTROL - STANDARDS : The FDOT Design Standards For Design , Construction Maintenance and Utility Operations On The State Highway System , Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design , application , installation , maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits . The standards established in the aforementioned manual constitute the minimum requirements for normal conditions , and additional traffic control devices warning devices , barriers or other safety devices will be required where unusual , complex or particularly hazardous conditions exist . The above referenced standards were developed using F . H . W . A . , U . S . D . O . T . Manual on Uniform Traffic Control Devices ( MUTCD ) . D . TRAFFIC CONTROL DEVICES , WARNING DEVICES AND BARRIERS - INSTALLATION : The responsibility for installation and maintenance of adequate traffic control devices , warning devices and barriers , for the protection of the travel in public and workmen , as well as to safeguard the work area in general shall rest with the Contractor . Consideration shall be given to recommendations of the Engineer . The required traffic control devices , warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re- routing of traffic . The Contractor shall immediately remove , turn or cover any devices or barriers which do not apply to existing conditions . All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged . Damaged devices diminishing legibility and recognition , during either night or day conditions , are not acceptable for use . E . NO WAIVER OF LIABILITY : The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article , and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety . F . Contractor' s Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 27th Avenue at all times . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 102 - 1 - Maintenance of Traffic - Lump Sum 01025-3 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc SECTION — 104 = EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE PART 1 — GENERAL 1 . 1 SCOPE A . This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area , to undeveloped portions of the site or off- site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area . C . The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project' s construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted . If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary , in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector ' s Manual , and other references as may be required by regulatory permits . (http ://www. dep. state . fl. us. /water/nonpoint/docs/erosion/erosion-inspectors- manual. pdo D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section . Alternatively , the OWNER may halt the CONTRACTOR ' s operations until the CONTRACTOR is in full compliance with this Section . If the OWNER halts the CONTRACTOR ' s work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with Chapter 4 - " Best Management Practices for Erosion and Sedimentation Control " and Chapter 5 — " Best Management Practices for Dewatering " of the Florida Erosion and Sediment Control Inspector' s Manual . In the event of a conflict between the referenced Chapters and these Specifications , the more stringent requirement shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A . The OWNER has obtained certain permits for this project and they are listed in paragraph SC -6 . 08 of the Supplementary Conditions . Per paragraph SC -6 . 08 . 0 of the Supplementary Conditions , the CONTRACTOR shall apply for , obtain , and pay for all other required permits , licenses , sampling , and tests . Permits the 01025-4 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc CONTRACTOR may need to secure may include but not be limited to : 1 . Long -term and /or short-term dewatering permit as required by the St . Johns River Water Management District ( SJRWMD ) . Generally , only the short-term permit is required . Contact SJRWMD at ( 321 ) 9844940 to determine which permit is required and the associated statutory requirements ; 2 . SJRWMD RDS - 50 Permit ( required ) ; 3 . The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities ( required ) . Contact the Florida Department of Environmental Protection ( FDEP ) at ( 866 ) 336 -6312 (toll free ) or ( 850 ) 245-7522 or www . dep , state . fl . us/water/stormwater/ npdes/ 4 . FDEP ' s Uncontaminated Groundwater Release Permit ( required if dewatering occurs ) . This permit requires water quality testing by a State certified laboratory . Be Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER . If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall govern . C . In addition to paying for all permit fees , CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit . 1 . 3 GENERAL A . Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities . Be From time to time , the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER . If at any time , the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not in compliance , and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications . C . Schedule construction to minimize erosion and stormwater runoff from the construction site . Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . In addition to other temporary erosion control measures that may be implemented , application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased , unless final landscaping has been installed . Polyacrylamide application shall be as specified herein . 01025-5 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim \Contract Documents\Technical Specifications . doc D . Inspect each pollution control system at least once per day and after each rainfall event . Clean and maintain each pollution control system as required by its manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property , nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency , and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 . 4 SUBMITTALS A . Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340 . B . Stormwater Pollution Prevention Plan . 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION , AND MAINTENANCE A . State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance : Installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices . After installation , this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER ' s sole opinion , the devices are no longer necessary ( such time not to extend past the date the OWNER formally accepts the project as complete ) . Before beginning construction , submit to Indian River County for review and approval , a Stormwater Pollution Prevention Plan ( SWPPP ) , prepared by the certified erosion control subcontractor . Construction shall not begin until the SWPPP has been approved by Indian River County . Submit the approved SWPPP to the ENGINEER before beginning construction . Include in the SWPPP , the " Contractor' s Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site " ( located at the end of this Section ) . 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A . With respect to this Section and as may be further defined in paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D , " pollution " is the presence in off-site waters of any substances , contaminants , or manmade or human - induced impairment of off- site waters or alteration of the chemical , physical , biological , or radiological integrity of off-site 01025-6 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents7echnical Specifications . doc water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property . Pollutants to be removed include but are not limited to , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck washout , stucco mixer washout , curb machine washout , washout from other construction equipment , construction chemicals , and construction debris . B . When the Discharge is Directly Into an Existing Water Bodv , Pollution Occurs When An existing water body ( including ditches and canals ) is defined to be polluted by the CONTRACTOR Is operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR ' s discharge point( s ) is at least 29 nephelometric turbidity units ( NTUs ) higher than the turbidity of the background water upstream of the discharge point( s) . [ See Fla . Administrative Code 62 - 302 . 530 ] Exception : When the discharge is directly into or through an outfall discharging into " Outstanding Florida Waters , " designated by Florida Statute 403 . 061 ( 27 ) , the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water . The ENGINEER or OWNER shall determine the locations where the turbidity is measured . C . When the Discharge is not Directly Into an Existing Water Body , Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly , such as after traveling through pipes or by overland flow . Before construction commences , the Contractor will measure background levels of total suspended solids (TSS ) and turbidity , in the immediate vicinity of the discharge water' s ultimate discharge point into the receiving water body . If the discharge water' s TSS and turbidity measurements exceed these pre- construction background values by 20 percent for TSS and 29 NTUs for turbidity , then the discharge from the CONTRACTOR ' s operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6 . 5 or greater than 8 . 5 , or whenever any of the following is present in the discharge water. ( 1 ) Hazardous waste or hazardous materials in any quantity , (2 ) Any petroleum product or by- product in any quantity , ( 3 ) Any chemical in any quantity , or (4 ) Concentrated pollutants . E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the types of conditions in which pollution may be determined to occur . 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A . In addition to the OWNER ' s specific remedies , if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site , the OWNER will immediately report the violations to the Indian River County Code Enforcement Board , SJRWMD , FDEP , Indian River Farms Water Control District ( or other F . S . Chapter 298 Drainage District , as appropriate ) , and other pertinent regulatory or enforcement agencies . 01025-7 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\Technical Spec fications . doc PART 2 - MATERIALS AND INSTALLATION 2 . 1 GENERAL A . Polyacrylamide : As required in Paragraph 1 . 3 . C , place polyacrylamide ( PAM ) on bare ground to reduce the potential for erosion . PAM may also be used in water bodies to remove turbidity . Use the anionic form of polyacrylamide that does not stick to fish gills . For PAM information and its proper application , contact Applied Polymer Systems , Inc . , (678 ) 494 - 5998 , www . siltstop . com . Be Staked Silt Fences : 1 . General : Use silt fences to control runoff from the construction site where the soil has been disturbed . 2 . Installation : Install per the manufacture ' s recommendations and as specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric . All supporting posts shall be on the down -slope side of the fencing . Place the bottom of the fabric 6 - inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Place silt fences away from the toe of slopes . Otherwise , install in accordance with FDOT Index No . 102 . 3 , Product : All material shall be new and unused . Use FDOT Types 11 through IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal ) or steeper , or as directed by the ENGINEER ; otherwise use FDOT Type III silt fence . ( a ) For FDOT Type III Silt Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence . U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre-attached to 48 - inch long stakes on 6 -foot centers . ( 1 - 800 -448- 3636 ) . ( b ) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No . 102 . ( c) Or equivalent . C . Turbidity Barriers : 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc . 2 . Installation : Install per the manufacturer' s recommendations and per FDOT Index No . 103 unless directed otherwise by the ENGINEER . 3 . Product : All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow . a . Parker Systems , Inc . ( 1 . 866 -472 -7537 ) , model Type II or Type I b . Or equivalent . D . Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags : 1 . Remove silt , sediment , and other particles from dewatering or pumping applications using a filter bag . The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double- needle machine , using a high strength nylon thread . The bag shall have a fill spout large 01025-8 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\Technical Specifications . doc enough to accommodate a 4 - inch pump discharge hose . Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many filter bags as required , at no additional cost to the OWNER . Legally dispose of the bags offsite , at no cost to the OWNER . If the bags are placed on aggregate to facilitate filtration efficiency , do not use limerock aggregate . 3 . Product : The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , Inc . ( 1 - 800448 - 3636 ) . b . " DANDY DEWATERING BAG " supplied by Dandy Products , Inc . ( 1 - 800 - 591 -2284 ) . c . Or equivalent . E . Curb Inlet Protection : 1 . Filter stormwater before it enters curb inlets . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . The length of the curb inlet filtration device shall be at least 24eet longer than the curb inlet opening . a . " GUTTERBUDDY , " supplied by ACF Environmental , Inc . ( 1 -800-448- 3636 ) . b . Or equivalent . F . Catch Basin Protection : 1 . Filter stormwater before it enters catch basins (drop inlets ) . The filter " sack" shall be manufactured from woven polypropylene geotextile and sewn by a double- needle machine , using a high strength nylon thread . The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features : two dump straps attached at the bottom to facilitate emptying ; lifting loops as an integral part of the system to be used to lift the sack from the basin ; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls . The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 , Product : All materials shall be new and unused . a . " SILTSACK" ( regular flow) , supplied by ACF Environmental , Inc . ( 1 - 800-448 - 3636 ) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc . ( 1 - 800 - 579- 8819 ) . C , Or equivalent . G . Construction Site Egress Driveways : Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels . Construct a crushed rock driving surface at the vehicle exit point(s ) . Provide an area large enough to remove 01025-9 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract DocumentslTechnical Specifications . doc the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area . Provide wash -down stations as required to wash vehicle tires and retain all washwater on -site . Do not use limerock . H . Rock and Stone for Erosion Control and Pollution Control and Treatment : 1 . Crushed Limerock : Crushed limerock shall not be used under any circumstance . 2 . Acceptable Material : FDOT #4 non - calcareous aggregate ( usually granite) , washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction , Section 901 . I . Hay Bales : Hay bales shall not be used . PART 3 - EXECUTION A . Design , construct , and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities . B . Apply polyacrylamide only as directed by the polyacrylamide manufacturer/supplier. Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 104 - 1 — Erosion & Water Pollution Control - Lump Sum [The remainder of this page was left blank intentionally] 01025- 10 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc CONTRACTOR ' s AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN ) This sworn statement is submitted for Indian River County Project No . 0391 for 27th Avenue Milling and Resurfacing ( Oslo Road to S . R . 60 ) STATE OF COUNTY OF Personally before me the undersigned authority , appeared who upon oath duly administered , stated as follows : 1 . This sworn statement is submitted by the CONTRACTOR , whose business address is and ( if applicable ) its Federal Identification No . ( FEIN ) is If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement : 2 . My name is and my relationship to the entity named above is 3 . 1 understand and agree that in addition to the Stormwater Management System Permit issued by Indian River County , CONTRACTOR is responsible for complying with the terms and conditions of the following as applicable to the site : a . State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger) , b . Stormwater Pollution Prevention Plan ( regardless of project size ) , c . St . Johns River Water Management District permit( s) ( regardless of project size ) , d . Florida Department of Environmental Protection permit (s ) ( regardless of project size ) , e . All other permits required for this project not specifically listed herein , and f. All Codes and Ordinances of Indian River County . 4 . 1 understand that " pollution " as defined by Florida Statutes Chapter 403 . 031 ( 7 ) means : " . . . the presence in the outdoor atmosphere or waters of the state of any substances , contaminants , noise , or manmade or human - induced impairment of air or waters or alteration of the chemical , physical , biological , or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property or which unreasonably interfere with the enjoyment of life or property , including outdoor recreation unless authorized by applicable law . " 5 . 1 understand that in addition to the definition set forth in Item 5 above , " pollution " is also defined by paragraph 1 . 6 of Section 02225 of the Technical Specifications for this Project . 01025- 11 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\Technical Specifications . doc 6 . 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes Ch . 403 . 141 and Ch . 403 . 161 and that there are other penalties listed in these Technical Specifications . I understand that CONTRACTOR may be liable for these and other penalties if pollution occurs as a result of CONTRACTOR ' s activities associated with the Project . Under penalty of perjury , I declare that I have read the foregoing affidavit and the facts stated in it are true . FURTHER AFFIANT SAYETH NAUGHT Signature : Date : Printed Name : The foregoing instrument was subscribed and sworn to before me this day of , 20_ by who is personally known to me and who did take oath . Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 01025- 12 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWVldmim\Contract Documents lTechnicaI Specifications . doc SECTION - 108 — RECORD DRAWINGS/AS - BUILT DRAWINGS GENERAL A . Maintain and provide the ENGINEER with record documents as specified below , except where otherwise specified or modified in Divisions the Supplementary Conditions . Be Maintenance of Documents : 1 . Maintain in CONTRACTOR ' s field office in clean , dry , legible condition complete sets of the following : Drawings , Specifications , Addenda , approved Shop Drawings , samples , photographs , Change Orders , other modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR ' S Work . 2 . Provide files and racks for proper storage and easy access . 3 . Make documents available at all times for inspection by ENGINEER and OWNER . 4 . Do not use record documents for any other purpose and do not remove them from the field office . C . Recording : 1 . Label each document " PROJECT RECORD " in 2 - inch high printed letters . 2 . Keep record documents current . 3 . Do not permanently conceal any Work until required information has been recorded . RECORD AS - BUILT DRAWINGS A . During the entire construction operation , the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare there from " record " drawings showing correctly and accurately all changes and deviations from the work , made during construction to reflect the work as it was actually constructed . Be Record /As - Built survey shall be performed and subsequent plans prepared by a registered Professional Surveyor and Mapper in the state of Florida and certified per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida accordingly . The following items are required to be shown on County project Record /As- Built drawings submitted to ENGINEER : As per Chapter 472 , Florida Statutes and Chapter 61G17-6 . 007 Florida Administrative Code As- Built — Record — Specific Purpose Surveys : 01025- 13 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record /As- Built survey as it relates to the regulations and standards established for said surveys . AND Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . 1 . Right-of-way Swale/ Drainage — All culvert inverts , elevations and station offsets ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows along top of bank . Size of swale . 2 . Pipe Culvert/PVC Sleeves — All inverts , stations and offsets . 3 . Outfalls — All pipe inverts , elevations and station offsets , weir box elevations , weir elevation , and sizes . 4 . Roadway/Off Site Drainage — All inverts , elevations and station offsets ; manhole top elevation ; grate top elevations . 5 . Retention Ponds — Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . 6 . Roadway : a . Stations and offset related to controlling baseline and elevations of all structures , side street and major driveway radius returns ( edge of pavement) , bends and /or change in direction of roadway alignment , OR minimum at 1000 ' intervals along roadway alignment . b . Elevations along Profile Grade Line ( PGL) , of all edge of pavements either side of Profile Grade Line ( PGL) , at medians at the high/low and PVI points along Profile Grade Line ( PGL ) . c . All final Elevations to be plotted on PGL AND Plan - Profile sheets as applicable . d . Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets . SURVEY CONTROL 1 . Install/re-establish : It shall be the contractor' s responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472 , Florida Statutes , to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction . 2 . New roadway alignment control points ( Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion . Include all intersections and side streets . State Plane Coordinates and elevations for all control points . 3 . Either if shown on plans or not : Any Public Land Corner or Governmental Survey Control point (s ) , vertical control ( bench marks ) , property corners 01025- 14 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc destroyed and /or disturbed during the scope of the project shall be properly re- established as per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency(s ) shall be notified in writing of disturbance and re-establishments . RECORD/AS - BUILTS DRAWINGS FORMAT - SUBMITTALL A . ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As- Built information . B . CONTRACTOR shall deliver seven ( 7 ) certified sets of Record/As- Builts with Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER . C . CONTRACTOR ' s surveyor shall review , sign and seal As - Builts or Record drawing (s) . Said drawing (s ) shall clearly state , type of survey , positional tolerances , adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida , any standards set forth by Florida Statutes , Administrative code and Minimum Technical Standards for As - Built/Record surveys . D . All Record /As - Built drawings are subject to review and approval by County Surveyor . ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As- Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR . COMPLETION OF WORK Upon Substantial Completion of the Work , deliver Record Drawings/As- Built Drawings to ENGINEER . Final payment will not be made until satisfactory record documents are received and approved by ENGINEER . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 108 - 1 — Record Drawings/As - Built Drawings - Lump Sum Bid Item No . 108 -2 — Survey Control ( install/Re- Establish ) — Lump Sum 01025- 15 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWWdmim \Contract Documents\Technical Specifications . doc (THIS PAGE WAS INTENTIONALLY LEFT BLANK) 01025- 16 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\Technical Specifications . doc Board of Professional Surveyors and Mappers As - Built Record Survey Checklist Lic . Name Date : Chapter 61G17 =6 Minimum Technical Standards F . A . C . 61G17 -6 .003 General Survey , Map , and Report Content Requirements ❑ ( 1 ) REGULATORY OBJECTIVE : The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective , surveyors and mappers must achieve the following minimum standards of accuracy , completeness , and quality : ❑ (a ) Accuracy of survey measurements based on the type of survey and expected use . ❑ ( b ) Measurements made in accordance with the United States standard , feet or meters . ❑ ( c ) Records of measurements maintained for each survey ( check field notes . ) ❑ ( d ) Measurement and computation records dated . ❑ ( e) Measurement and computation records substantiate the survey map . ❑ (f) Measurement and computation records support accuracy statement ( closure calculations or redundant measurements , if applicable . ) (2 ) Other More Stringent Requirements : ❑ ( a ) Met more stringent requirements set by federal , state , or local governmental agencies . ( 3 ) Other Standards and/or Requirements that Apply to All Surveys , Maps , and/or Survey Products . ❑ ( a ) REGULATORY OBJECTIVE : In order to avoid misuse of a survey and map , the surveyor and mapper must adequately communicate the survey results to the public through a map , report, or report with an attached map . ( b ) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective , surveyors and mappers must meet the following minimum standards of accuracy , completeness , and quality : ❑ ( c ) Type survey stated on map and report : As -Built Survey Mean High Water Line Survey Boundary Survey Quantity Survey Condominium Survey Record Survey Construction Layout Survey Specific or Special Purpose Survey Control Survey Topographic Survey Hydrographic Survey ❑ ( d ) Name , certificate of authorization number, and street and mailing address of the business entity on the map and report . ❑ ( e ) Name and license number of the surveyor and mapper in responsible charge . ❑ ( f) Name , license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report . ❑ ( g ) Survey date ( date of data acquisition . ) ❑ ( h ) Revision date for any graphic revisions (when survey date does not change . ) ❑ ( i ) Map and report statement " Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. " 01025- 17 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc ❑ Q ) Insurance statement in '/4" high letters " The survey depicted here is not covered by professional liability insurance " if there is no professional liability insurance . ❑ ( k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties . ❑ ( 1 ) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise . ❑ ( m ) Bearings , distances , coordinates , and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise . ❑ ( n ) Bearing reference (well established and monumented line ) ❑ ( o) A designated " north arrow" ❑ ( p ) Stated scale or graphic scale ❑ ( q ) Abbreviations in legend or notes . ❑ ( r) Special conditions and any necessary deviation from the standards noted upon the map or report. ❑ (s ) Responsibility for all mapped features stated on the map or report ❑ (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others . ( u ) Map Accuracy . ( 1 ) Vertical Feature Accuracy . ❑ (a ) Vertical Control : Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark . ❑ ( b ) Closure in feet must be accurate to a standard of plus or minus . 05 ft. times the square root of the distance in miles . ❑ ( c ) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s ) upon which the survey is based . ❑ ( d ) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum . (2 ) Horizontal Feature Accuracy . ❑ ( a ) Horizontal Control : All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based . ❑ ( b ) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum . ❑ ( c ) The accuracy of control survey data shall be verified by redundant measurements or traverse closures . All control measurements shall achieve the following closures : Commercial/High Risk Linear : 1 foot in 10 , 000 feet ; Suburban : Linear: 1 foot in 7 , 500 feet ; Rural : Linear : 1 foot in 5 ,000 feet ; ❑ ( d ) When statistical procedures are used to calculate survey accuracies , the maximum acceptable positional tolerance , based on the 95% confidence level , should meet the same equivalent relative distance standards as set forth in 611317 - 6 .003 ( 3 ) ( p ) ( 2 . ) ( c ) F .A. C . ❑ (e ) Intended Display Scale : All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale of 1 /_ or smaller" . 61G17 -6 . 004 Specific Survey , Map , and Report Requirements ( 1 ) As -Built/Record Survey : 01025- 18 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\Technical Specifications . doc ❑ ( a ) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . ❑ ( b ) Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . ❑ ( c ) All maps prepared shall meet applicable minimum technical standards . ❑ ( d ) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations . + + END OF SECTION + + 01025- 19 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\Technical Specifications . doc SECTION - 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . ( 2010 ) with the following modifications : A . Prior to any clearing and grubbing , the contractor will stake the right-of-way . Unimproved areas shall be cleared of trees , logs , stumps , brush , vegetation , rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade . No stumps , roots , or perishable matter of any description shall remain under concrete slabs or footing , including pavement and sidewalks . B . No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved , after a review of the project site with the Contractor' s representative . C . Where the final pavement or structural work will be close to existing trees , the Contractor shall exercise care in the vicinity of the trees . Further , the Contractor shall saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer or where shown on the drawings , work shall be done by hand in order to protect the trees . D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull hair or major root structures . All severed roots shall be sawn clean and paint with pruning paint . Stumps , roots , etc . , shall be completely removed and disposed of by the Contractor . Undesirable , dead , and /or damaged trees ( as so designated by the Engineer) shall be removed . E . All trees to be removed shall be disposed off site ; burning will be strictly prohibited . F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor . Where the removal of valuable trees or shrubs specifically for transplanting is required , this work shall be done in cooperation with the Owner and at no additional expense to the Owner . G . All items to be removed shall be excavated to their full depth . All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner . Those homeowners not desiring the culverts may donate them to the County free of charge . ( See Paragraph C , Special Provisions ) The Contractor shall transport the culverts to the County' s storage yard . All metal castings for catch basins , manholes , or other structures shall be carefully removed and stored in the County' s Storage Yard if they are deemed salvageable by the Engineer . The excavated materials shall be removed from the job site and disposed in 01025-20 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc a location designated or approved by the Owner . Any culverts , structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor . Where required , suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground . The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications . H . No additional payment will be made , nor will additional work , or change orders be authorized for work needed to remove , relocate , protect , or otherwise account for in the construction of the work depicted in the plans , for any feature , or item that would be apparent from a careful inspection of the site and review of the plans , even though such feature or item is not specifically called out in the plans . It is therefore essential the contractor make such inspection and review . I . The unit price bid for this item shall include the cost of all labor , tools , and equipment necessary to excavate , remove , and dispose of those items as directed by the Engineer and where designated on the Drawings . The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 110 - 1 - 1 - Clearing and Grubbing - Lump Sum SECTION — 120 - EXCAVATION AND EMBANKMENT A . Earthwork , including earthwork for drives outside the right- of-way limits , shall be paid for as embankment . Cost shall include all work specified in this section and Section 120 of the Standard Specifications . Such price and payment shall specifically include all cost of any roadway , lateral ditch or canal , and final dressing operations . B . Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , isolated swale bottom locations , isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation . Approximately 2 . 0 ft of subsoil excavation is required in sublateral canals . Cost of replacement embankment shall be included in cost of subsoil excavation . Contractor to coordinate with county representative prior to any subsoil excavation . D . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120 -7 . 2 : Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : Any stratum or stockpile or soil which contains obvious pockets of highly organic 01025-21 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Hdmim\Contract Documents\Technical Specifications . doc material may be designated as muck or unsuitable for construction of subgrade by the Owner . Backfill material containing more than 2 . 0 % by weight of organic material , as determined by FM 1 -T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material , shall not be used in construction of the reinforced volume . If an individual test value of the three samples exceeds 3 . 0 % , the stratum or stockpile will not be suitable for construction of the reinforced volume . No A- 8 material permitted in embankment . E . Payment shall be made under : Bid Item No . 120 - 1 — Excavation , Regular ( Roadway) — Per Cubic Yard Bid Item No . 120-6 - 1 - Embankment ( Compacted in Place) - Per Cubic Yard SECTION - 160 - STABILIZATION A . Sub Article 160 - 5 . 1 is modified by the addition of the following : "The stabilization thickness indicated on plans shall be considered a minimum thickness . Thickness will vary to conform to the lines , and grades shown in the plans . " Minimum L . B . R . = 40 - No under-tolerance . B . Payment shall be made under : Bid Item No . 1604 - 1 - Type B Stabilization LBR40 ( 12 " ) - Per Square Yard SECTION — 285 - CEMENTED COQUINA SHELL BASE A . Sub Article 2854 is modified by the addition of the following : Base material , thickness and requirements are described in the construction plans . Only one type of alternate base material shall be used . No additional payment will be made for base thickness in excess of the specified thickness 3 . B . Payment shall be made under : Bid Item No . 285 -706 — Cemented Coquina Shell Base Group 6 ( 8 " ) Two Lifts - Per Square Yard SECTION — 327 - MILLING OF EXISTING ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 327 - 70 - 1 — Milling Existing Asphalt Pavement ( Depth Varies ) — Per SquareYard 01025-22 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SWVWdmim\Contract Documents\Technical Specifications . doc SECTION — 334 - SUPERPAVE ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 334 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Sub article 334 - 8 . 1 through 334 -8 . 3 — Basis of Payment shall be deleted in its entirety . Sub article 334 - 8 . 4 — Payment shall be amended as follows : Bid Item No . 334 - 1 - 13A — Superpave Asphaltic Concrete- 1 Y2 " SP 12 . 5 — Per Square Yard . Bid Item No . 334 - 1 - 1313— Superpave Asphaltic Concrete — 1 " SP 9 . 5 — Per Square Yard . Bid Item No . 334 - 1 - 13C — Superpave Asphaltic Concrete — 2 " SP 9 . 5 — Per Square Yard SECTION - 425 — INLETS , MANHOLES AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 425 - 1 - 521 - Inlets ( Ditch Bottom ) (Type C ) ( < 10 ' ) - Per Each Bid Item No . 425 - 1 - 551 - Inlets ( Ditch Bottom ) (Type E ) - Per Each Bid Item No . 425 -241 — Manhole Structure (Type " P-7 " ) - Per Each Bid Item No . 425 - 5 — Manholes , Adjust — Per Each Bid Item No . 425 -6 — Valve Box , Adjust — Per Each SECTION - 430 — PIPING The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 430 - 175 - 101 — Concrete Pipe Culvert ( Class III 18 " ) Per Linear Foot Bid Item No . 430 - 175 -201 — Concrete Pipe Culvert ( Class III 12 "x18 " ) Perl Linear Foot SECTION - 520 - CONCRETE CURB AND GUTTER The work specified in this item shall conform to Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 520 - 1 - 10 — Concrete Curb and Gutter (Type " F " ) — Per Linear foot 01025-23 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc SECTION - 522 — CONCRETE SIDEWALK The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 522 - 1 — Concrete Sidewalk (6 " Thick) — Per Square Yard SECTION — 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . A . Description : Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer . This work shall also include mowing in accordance with Section 104 -7 . 2 , to be mowed at 6 " height with a mulching mower. B . Work Included : Scope of Work : The work specified in this section consists of the establishing of a stand of grass , within the project , right- of-way , easements , and other areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required to assure a healthy stand of grass . Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed " . C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square) indication of probable non survival or lack of health and vigor , or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer . All replacement sod shall be furnished /installed at no additional cost to the Owner and shall be guaranteed forthree months . All replacement shall meet original specifications . The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer : Commercial fertilizers shall comply with the state fertilizer laws . The numerical designations for fertilizer indicate the minimum percentages ( respectively) of ( 1 ) total nitrogen , ( 2 ) available phosphoric acid and ( 3 ) water- soluble potash contained in the fertilizer . The chemical designation of the fertilizer shall be 16 -4 - 8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal 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 01025-24 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc attached to each bag or other container . Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570 - 5 and 2 . 34 . 13 . F . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner , at his discretion , may authorize the elimination of ground preparation . G . Application of Fertilizer : Before applying fertilizer , the soil pH shall be brought to a range of 6 . 0 - 7 . 0 . Contractor shall apply two (2 ) applications . The initial shall be fertilizer and the second application shall be "weed and feed " . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre , or 10 pounds per 1 , 000 square feet , by a spreading device capable of uniformly distributing the material at the specified rate . Contractor shall apply applications as per manufacturer' s specification . All tickets from bags shall be handed over to the County Inspector . On steep slopes , where the use of a machine for spreading or mixing is not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches . H . Placing Sod : The sod shall be placed on the prepared surface , with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow . Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits , the outer pieces of sod shall be tamped so as to produce a featheredge effect . Where sodding is placed abutting paved shoulder , the contractor is to ensure that the finished sod elevation is 1Y2" below paved shoulder . On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . Sodding shall not be performed when weather and soil conditions are , in the Engineer' s opinion , unsuitable for proper results . Sod shall be placed around all structures , equipment pads , etc . I . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer , for optimum results . After being placed , the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter , the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days ( or until final acceptance , whichever is latest) . J . Maintenance : The Contractor shall , at his expense , maintain the sodded areas in a satisfactory condition until final acceptance of the project . Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment 01025-25 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim \Contract Documents\Technical Specifications . doc of the grass stand does not appear to be developing satisfactorily . Replanting or repair necessary due to the Contractor' s negligence , carelessness or failure to provide routine maintenance shall be at the Contractor' s expense . The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer . Grass height shall not exceed 6 " without mowing . Clippings shall be removed from sidewalk . K . Article 570 - 9 . The first two paragraphs under this Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod , fertilizer (2 applications ) , sidewalk sweeping after mowing , mowing , pegging disposal of clippings , water , tools , equipment , labor and all other incidentals necessary . Item of Payment Payment shall be made under : Bid Item No . 570 - 1 -2 — Performance Turf ( Sod ) ( Bahia ) - Per Square Yard Bid Item No . 570 - 1 -2A — Performance Turf ( Sod ) ( Floratam ) — Per Square Yard SECTION - 00700 SIGNING AND PAVEMENT MARKINGS A . Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010 ) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer' s specifications . B . Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner' s Engineer or Resident Construction Inspector , the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4 " x 4 " . Item of Payment Payment shall be made under : Bid Item No . 660 -2 - 102 — Loop Assembly Type B ( F & I ) — Per Each Bid Item No . 660 -2 - 106 — Loop Assembly Type F ( F & I ) — Per Each Bid Item No . 700 -20 - 11 — Sign Single Post ( R2 - 1 SPEED LIMIT) - Per Assembly Bid Item No . 706 - 3A — Retro- reflective Pavement Markers Amber/Amber— Per Each Bid Item No . 706- 313 — Retro- reflective Pavement Markers White/Mono — Per Each Bid Item No . 711 - 11 - 111 — Traffic Stripe ( Solid ) (Thermoplastic) (White ) (6 " ) — Per Linear Foot Bid Item No . 711 - 11 - 123 — Traffic Stripe ( Solid ) (Thermoplastic) (White ) ( 12 " ) — Per Linear Foot 01025-26 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc Bid Item No . 711 - 11 - 125 — Traffic Stripe ( Solid ) (Thermoplastic) (White ) (24 " ) — Per Linear Foot Bid Item No . 711 - 11 - 151 — Traffic Stripe ( Skip ) ( 6 ' - 10 ' ) (Thermoplastic) (White ) Per Linear Foot Bid Item No . 711 - 1 1 - 1 60 — Thermoplastic Message ( SCHOOL ) — Per Each Bid Item No . 711 - 1 1 - 1 70 — Directional Arrows (Thermoplastic) — Per Each Bid Item No . 711 - 11 -211 — Traffic Stripe ( Solid ) (Thermoplastic) (Yellow) ( 6 " ) — Per Linear Foot Bid Item No . 711 - 11 -211 A — Traffic Stripe ( Solid ) (Thermoplastic) ( Double ) (Yellow) ( 6 " ) — Per Linear Foot Bid Item No . 711 - 1 1 -224 — Traffic Stripe ( Solid ) ( 18 " ) (Thermoplastic) (Yellow) — Per Linear Foot Bid Item No . 711 - 1 1 -231 — Traffic Stripe ( Skip ) ( 10 ' - 30 ' ) (Thermoplastic ) (Yellow) — Per Linear Foot Bid Item No . 711 - 1 1 -251 — Traffic Stripe ( Skip ) (6 ' - 10 ' ) (Thermoplastic) (Yellow) — Per Linear Foot + + END OF SECTION + + 01025-27 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\Technical Specifications . doc APPENDIX ` A' PERMITS Appendix A- Permits F :APublic Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\APPENDIX A - Permits . doc