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HomeMy WebLinkAbout2014-009ACONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER BOULEVARD RESURFACING (U S 1 TO 17TH STREET) BID NO. 2014009 PROJECT NO. 1302 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN. RIVER COUNTY, FLORIDA JOSEPH E FLESCHER, CHAIRMAN WESLEY S DAVIS, VICE CHAIRMAN COMMISSIONER PETER D O'BRYAN COMMISSIONER BOB SOLARI COMMISSIONER TIM ZORC o ./o y/144 g.K. S3/-5o?R JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY R SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY CHRISTOPHER R. MORA P E , PUBLIC WORKS DIRECTOR CHRISTOPHER J. KAFER, JR., P E , COUNTY ENGINEER ANDi,E gLS`i' , ` Bx.s iLL,AM K. DtBR AL DEPUTY COUN T YATi OR";EY 00001 - Project Title Page - REV 04-07.doc 00001 - 1 F:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\00001 - Project Title Page - REV 04-07.doc Section No, Title TABLE OF CONTENTS D IVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 00010 Cover Sheet Table of Contents B IDDING DOCUMENTS 00100 00200 00300 00310 00430 00452 00454 00456 00458 Advertisement for Bids Instructions to Bidders Bid Package Contents Bid Form & Itemized Bid Schedule Bid Bond Sworn Statement under Section 105.08, Indian River County Code, on D isclosure of Relationships Sworn Statement under the Florida Trench Safety Act Q ualifications Questionnaire 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00010 - Table of Contents - REV 04-07.doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS + + END OF TABLE OF CONTENTS + + 00010-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00010 - Table of Contents - REV 04-07.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, December 18, 2013. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "INDIAN RIVER BOULEVARD RESURFACING (US 1 TO 17TH STREET) and Bid No. 2014009". Bids should be addressed to Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960 All bids will be opened publicly and read aloud at 2:00 P.M. All bids received after 2:00 P.M of the day specified above, will be returned unopened INDIAN RIVER COUNTY PROJECT NO. 1302 INDIAN RIVER COUNTY BID NO. 2014009 PROJECT DESCRIPTION: The proposed improvements to Indian River Boulevard consist of milling and resurfacing of both northbound and southbound lanes from US 1 to 17th Street (approximately 1 ' miles in length). Also included with the project is signing and marking of the proposed resurfaced lanes. This is a F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 433067-1-58-01. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Documents may be obtained from the Public Works Department/Engineering Division, 1801 27th Street, Vero Beach, Florida, 32960, (772) 226-1283 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 and does not include shipping All other communications concerning this bid shall be directed to IRC Purchasing Division at purchasinqircqov.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 bus.ness in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total 00100 - Advertisement fo Bids REV 04-07.doc 00100 - 1 F:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00100 - Advertisement for Bids REV 04- 07.doc State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid made payable to Indian River County Board of County Commissioners In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty. Please note that the questionnaire must be filled out completely including the financial statement. The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Vero Beach Press Journal Date: November 13, 2013 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\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents \00100 - Advertisement for Bids REV 04- 07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No - Title Page ARTICLE 1 - DEFINED TERMS 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 2 ARTICLE 5 - PRE-BID CONFERENCE 4 ARTICLE 6 - SITE AND OTHER AREAS 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA 4 ARTICLE 8 - BID SECURITY 5 ARTICLE 9 - CONTRACT TIMES 5 ARTICLE 10 - LIQUIDATED DAMAGES 5 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 5 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 6 ARTICLE 13 - PREPARATION OF BID 6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 7 ARTICLE 15 - SUBMITTAL OF BID 7 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 8 ARTICLE 17 - OPENING OF BIDS 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 8 ARTICLE 19 - 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents100200 - Instructions to Bidders REV 04- 07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) S ubject Article Award of Contract 19 B asis of Bid; Evaluation of Bids 14 B id Security 8 B ids to Remain Subject to Acceptance 18 Contract Security and Insurance 20 Contract Times 9 Copies of Bidding Documents 2 D efined Terms 1 Examination of Bidding Documents, Other Related Data, and Site 4 Interpretations and Addenda 7 Liquidated Damages 10 Modification and Withdrawal of Bid 16 Opening of Bids 17 P re -Bid Conference 5 P reparation of Bid 13 Q ualifications of Bidders 3 Signing of Agreement 21 S ite and Other Areas 6 S ubcontractors, Suppliers and Others 12 S ubmittal of Bid 15 S ubstitute or "Or -Equal" Items 11 00200 - Instructions to Bidders REV 04-07.doc 00200 - F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00200 - Instructions to Bidders REV 04- 07.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural. thereof: A. Bidder The individual or entity who submits a Bid directly to OWNER B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered C. Successful Bidder The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents100200 - 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 D ocuments, but -the 'technicaI data" contained therein upon which Bidderls entit!ed 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 U nderground 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 H azardous 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 o r conclusion Bidder draws from any 'technical data" or any other data, interpretations, opinions, o r 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 U nderground Facilities, and possible changes in the Bidding Documents due to differing or u nanticipated conditions appear in paragraphs 4.02 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the 00200 - Instructions to Bidders REV 04-07.doc 00200 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents100200 - Instructions to Bidders REV 04- 07.doc Rev. 05/01 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 772-226- 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 �f 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 S ite 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 B idder, 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; 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; 00200 - Instructions to Bidders REV 04 07.doc 00200 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th ShAdmim\bid documents\00200 - Instructions to Bidders REV 04- 07.doc Rev. 05/01 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 "THEREWILL 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 PURCHASING (purchasinq(a�ircgov.com) 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th SMdmim\bid 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 Bidders 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 D epartment 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 nited-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-wits-be-retumect- f-th-e Successful B idder 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 B id security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) S ubstantially Completed and (b) also completed and ready for final payment are set forth in the Agreement ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to E NGINEER, 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 00200 - Instructions to Bidders REV 04-07.doc 00200 - 5 F:\Public WorksIENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents100200 - Instructions to Bidders REV 04- 07.doc Rev. 05/01 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 S ubcontractors, 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 S uccessful 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. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the B id signed A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change " or "Not Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00200 - Instructions to Bidders REV 04- 07.doc Rev. 05/01 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county-of-the-Project—if any,, shall -also -be -shown -on -the -Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: 00200 - Instructions to Bidde s REV 04-07.doc 00200 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th SRAdmim\bid documents\00200 - Instructions to Bidders REV 04- 07.doc Rev. 05/01 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 Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), Bid Number, the name and address of Bidder,, and-shall-be-accompanied-by-the-Bid-security-and-otherrequired documents. If mail or other delivery system sends a Bid the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED " A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street Vero Beach Florida, 32960 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. 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. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 8 F:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th SKAdmim\bid documents\00200 - Instructions to Bidders REV 04- 07.doc Rev. 05/01 ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, n onconforming, 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 n on -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would n ot 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 n egotiate 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 nght 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-Bids7--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 n ntities 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 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 00200 - Instructions to Bidders REV 04-07.doc 00200 - 9 F:1Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th SttAdmim\bid documents100200 - Instructions to Bidders REV 04- 07.doc Rev. 05/01 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 Bon for consequential damages incurred, and the Contract may be awarded as the OWNER desires. x END OF SECTION * * 00200 - Instructions to Bidders REV 04-07.doc 00200 - 10 F:\Public WorksENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents100200 - Instructions to Bidders REV 04- 07.doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: S ECTION TITLE SECTION NUMBER Bid Form 00310 B id Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Q ualifications Questionnaire 00456 List of Subcontractors 00458 SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID ** END OF SECTION * * 00300 - Bid Package Contents - REV 04-07.doc 00300 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1 302 -IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00300 - Bid Package Contents - REV 04- 07.doc PROJECT IDENTIFICATION: SECTION 00310 - Bid Form Project Name. INDIAN RIVER BOULEVARD RESURFACING (US 1 TO 17111 STREET) County Project Number: 1302 Bid Number: 2014009 Project Address: INDIAN RIVER BOULEVARD, INDIAN RIVER COUNTY, FL Project Description: The proposed improvements to Indian River Boulevard consist of milling and resurfacing of both northbound and southbound lanes from US 1 to 17t' Street (approximately 1 % miles in length). Also included with the project is signing and marking of the proposed resurfaced lanes. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 1800 27th Street VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or 'ndicated 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 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding. Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number December 4th, 2013 1 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to 00310 - Bid Form REV 04-07 doc 00310 - 1 F:1Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admimlbid documents100310 - Bid Form REV 04-07.doc Rev. 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 Documentsto be employed • by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation, Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid Bidder has not solicited or induced any individual or entity to refrain from bidding, and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form REV 04-07.doc 00310 - 2 F:1Publiic Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmimlbid documents\00310- Bid Form REV 04-07.doc Rev. ncF.csm ITEMIZED BID SCHEDULE PROJECT NAME: INDIAN RIVER BOULEVARD RESURFACING (US1 TO 17TH STREET) IRC PROJECT #1302/BID #2014009 BIDDER'S NAME:Ranger Construction Industries, Inc. PROJECT TOTAL (IN WORDS) fc vrn ./lL'n Bred Jk /&'n laou ft,Nd jvu r /`ead yed /i/mty„/nro C%'itil LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard ` •r .: U& :.V y� rFl.1 : yPU1.t__. _;...r_�i..i`.,.�r.sa-7-.,..- .- "�i.._.L_tr�.�.,- .,.�-. _..:r.!..r i:- ..P Stl.'.,5ti'L" b....,._.P- 11tliilM1......._ y MOBILIZATION INCLUDE PUBLIC CONSTRUCTION BOND) LS 1 pi 950 or" 12 ?ro 101-1 (TO ' GEri 102-1 MAINTENANCE OF TRAFFIC LS1 3j 2 UD �� 206 104-1 EROSION AND WATER POLLUTION CONTROL LS 1 26j/00 «2 26 /U0 gil REGRADE & COMPACT SHOULDER (INCLUDING EXISTING BASE UNDER 30i p 063 220-70 PAVED SHOULDER) SY 21,587 / -2.1- J �/if 7r 327-70-1 MILLING EXISTING ASPHALT PAVEMENT 1" DEPTH SY 69,151 1 6F/� ua 334-1-13 SUPERPAVE ASPHALTIC CONCRETE 1" SP -9.5 SY 69,151 � ` � J tis-,%rS'n 570 -1-2A PERFORMANCE TURF -•SODDING (BAHIA) SY 7,195 76 -02f- / /a32_54-9/ ' -` fl �a •r 570-1-2B PERFORMANCE TURF - SODDING (FLORATAM) SY 7,195 2 / 9 7 r� 470 660-4-11 VEHICLE DETECTOR ASSEMBLY (CABINET EQUIPMENT) EA 1 z‘91- % ‘?5-• 660-4-12 VEHICLE DETECTOR ASSEMBLY (ABOVE GROUND 4 - CAMERA SYSTEM) (ECONOLITE) EA 1 ‘25.--730 0� o2.S 730 C 706-3A RPM (BI-DIRECTIONAL (AMBER/AMBER)) EA 241 9 ,20 024 / 0/2 5 ro 706-36 RPM (BI-DIRECTIONAL (WHITE/RED)) EA 734 ,3 ,221 err rd (0 A 711-11-121 THERMOPLASTIC,STANDARD, WHITE,SOLID,6" LF 22,657 u /7 /2f a �' 711-11-122 THERMOPLASTIC, STANDARD,WHITE,SOLID, 8" LF 710 0 429 Sr 4 65-1 ` 711-11-123 THERMOPLASTIC,STANDARD,WHITE,SOLID, 12" LF 1,070 / 711-11-124 THERMOPLASTIC,STANDARD, WHITE,SOLID,18" LF 612 2 ,-/-1-i %74er c20 711-11-125 THERMOPLASTIC, STANDARD, WHITE,SOLID,24" 272 2 lc/ 711-11-131 THERMOPLASTIC,STANDARD,WHITE,SKIP,6" (2'-4') LF 389 0 r 01-0 3/7 711-11-141A THERMOPLASTIC,STANDARD,WHITE,SKIP,6" (6'-10') LF 3,626 J) .2,?.90 a 7 Q 711-11-141B THERMOPLASTIC,STANDARD,WHITE,SKIP,6"(10'-30) LF 16,685 V 0. _ /414/ 711-11-160 THERMOPLASTIC, PAVEMENT MESSAGE ("ONLY") EA 6 / 6' -C29 rib c - 1-40-,s 400_ 711-11-170A THERMOPLASTIC, STANDARD, WHITE, ARROW (LEFT ONLY) EA 43 7/ 711-11-170B THERMOPLASTIC, STANDARD, WHITE, ARROW (STRAIGHT OR RIGHT & MERGE) EA 7 ft G//G �� re 711-11-170C THERMOPLASTIC, STANDARD, WHITE, ARROW (RIGHT ONLY) EA 33 9 7 ? — 711-11-170D THERMOPLASTIC, STANDARD, WHITE, ARROW (U-TURN ONLY) EA 2 F? / 7 O et) 711-11-221A THERMOPLASTIC,STANDARD,YELLOW,SOLID,6" LF 16,745 � /fife B THERMOPLASTIC,STANDARD,YELLOW,SOLID,6" (DOUBLE) LF 548 CO / — 7-6711-11-221 6 76 711-11-224 THERMOPLASTIC,STANDARD,YELLOW,SOLID,18" LF 13 2 .�u Sr 7D U`4 711-11-241A THERMOPLASTIC,STANDARD,YELLOW,SKIP,6" (6'-10') LF 230 & / ( G Q 711-11-241B THERMOPLASTIC,STANDARD,YELLOW,SKIP,6" (7-4') LF 92� 7.7 SUBTOTAL e 76 Y9y FA -1 FORCE ACCOUNT I LS 1 1 $40,000.00 $40,000.00 INDIAN RIVER BOULEVARD RESURFACING PROJECT TOTAL 7/6, 977 PROJECT TOTAL (IN WORDS) fc vrn ./lL'n Bred Jk /&'n laou ft,Nd jvu r /`ead yed /i/mty„/nro C%'itil LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard .1- • 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner i • • reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for Toss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be Tess or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07 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 B . Required Bid security in the forth of Bid Bond ; C. Sworn Statement Under the Florida Trench Safety Act; D . Qualifications Questionnaire; E . List of Subcontractors; 00310 - Bid Form REV 04-07.doc 00310 - 4 cn1:9,,1 0,• tAI...i.elCkinwrrDwa rovisnm PRfJFCTC11302-IR Blvd Resurfacino (SCOP) U51 to 17th St'Admimlbid documents100310 - Bid Form REV 04-07.doc 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on December 18 , 20 13 , State Contractor License No. CGC019416 If Bidder is: • • • • • • • • • • • An Individual • Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner-- attach evidence of authority to sign) Name (typed or printed); Business address: Phone No.: FAX•No.: • A Corporation Corporation Name. Ranger Construction Industries, Inc. (SEAL) State of Incorporatio , !odds Type (Gener- , -, ' - -ssion ''=rvice, Limited Liability):General Contractor iii By: -i, (Signature -- atta :tad: ce of authority to sign) 4411 Name (typed or ted): F. Soon Fowler Title: vice President Attest newer rate Secretary, Business address: 4510 Glades Cutoff Road, Ft. Pierce, FI 34981 Douglas Browning (CORPORATE SEAL) Phone No.: F (772)464-6460 FAX No.: (772) 466-9559 • 00310 - Bld Foran REV 04-07.doc 00310 - 5 -.-. 1......_ . ..,...rr.++.., .,. .....n.. ...,n .r,..ev4 en, n, ,......--.y_-- /104 6- •41114 l Ad-I._,..L L...-.....VVYf.f1 0.a c-..4 aev fl.1 117 04..4 Date of Qualification to do business is June 8, 1981 A Joint Venture Joint Venture Name. (SEAL) By: (Signature of joint venture partner attach evidence of authority to sign) N ame (typed or printed): Title: B usiness address: Phone No.: FAX No.: Joint Venture Name: (SEAL) By: (Signature -- attach evidence of authority to sign) N ame (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 ) * * END OF SECTION * * 00310 - Bid Form REV 04-07.doc 00310-6 • .. •....m.4 et.. • •... .*•L. n•• �_.�•�.A ����..-•..1M'»ll . mei G...... DM/ /IAJI7 An.. ) SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond." END OF SECTION 00430 - Bid Bond REV 04-07.doc 00430 1 ...- _ _ ... in.rn__..y_:__ .ernn. i+e 4.,, 47.L CM An.... ....e..*cwv dln = flId Rnnei RFV !)4-07 rinr Rau nctni C f".NGER CONSTRUCTION INDtr EG SECTION 00452 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2014009 for Indian River Boulevard Resurfacing (US 1 to 17th Street). 2. This sworn statement is submitted by: Ranger Construction Industries, Inc. whose business address is: ame of entity submitting Statement) 4510 Glades Cutoff Road, Ft. Pierce, FI. 34981 3. My name is F. Scott Fowler (Please print name of individual signing) and my relationship to the entity named above is Vice President 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, .or grandchild. 6. Based on information and belief the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452-1 =Kir (Lica Di kin rlwlclnKI Don t Cr i-cw3roio Rh,rl Pacurfarinn tsr:nPl ILS1 to 17th St\Admimlbid documents100452 Disclosure of it 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: Name of Affiliate or entity Name of County Commissioner Relationship or employee 1 STATE OF Florida • • December 18, 2013 (Date) COUNTY OF Orange The foregoing instrument was acknowledged before me this 18 day of December , 2013 , by F. Scott Fowler , who is personally known to me or who has produced as identification. O 0 \ \.. K• SingiCA �>��' RP , di '4 Ili OJ amber 7� FfA 5 *. O Crn *_ 01 #FF 046582 : aQ i9��' ay �/Medtttnl e� • •QS // .� ;FL65c Unde O � 0% iTt i C»\\\` SIGN: NOTARY)P,LYBLI 00452-2 Notary Public, State at large My Commission Expires: December 17, 2017 (Seal) ..._a._..-..r'u.,rrntun nn nct,-n' non tcr-rc» Inn ID ❑t...a Dace ..forinn-ICffD1 I IC1 to 17th CHArimimlhiri rinctiments1nNl4S7 nierine pro of SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK (' BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS 1. This Sworn Statement is submitted with Project No. 1302 for Indian River Boulevard Resurfacing (US 1 to 17th Street). 2. This Sworn Statement is submit e y Ranger-ConstructiorrFndustries-Fnc. (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is 4510 Glades Cutoff Road, Ft. Pierce FL 34981 BIDDER's Federal Employer Identification Number (FEIN) is 59-2098662 3. My name is F. Scott Fowler (Pnnt Name of Individual Signing) is Vice President • and my relationship to the BIDDER • (Position or Ttle) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are .contained within the Trench Safety Act, Section 553.60 et seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the 'effective date" in the citation(s) Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER s compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. X / 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: /V • The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards 7 The BIDDER has allocated and included in its bid the total amount of $ 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 in Muting the following specific method(s) of compliance on this Project: 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 1 F:\Public Works\ENGINEERING DMSION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 170 StlAdmim\bid documents\00454 - Florida Trench Safety Act - REV 04- r✓*fir. F�µ"�i • The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 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 bas s 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: RangerC.nstru- s• dustries, Inc By: Position or Title: ice President Date: December 18, 2013 STATE OF Florida COUNTY OF Orange Personally appeared before me, the undersilgned authority, �- Sc()\•� who after first being sworn by me affixedCt/her signature in the space provided above on this 18 day of December , 2013 )3ctiki otary P6blic, State at Targe My Cor nission Expires: k J H q I I ID MME * * END OF SECTION * * • O.� n rei 4fided � +aN <,: Q?-$ 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 2 F:1Public Works1ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admimlbid documents100454 - Florida Trench Safety Act -REV 04- - - the BIDDER -. . 1 - : BIDDER's--own—infermatior 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: RangerC.nstru- s• dustries, Inc By: Position or Title: ice President Date: December 18, 2013 STATE OF Florida COUNTY OF Orange Personally appeared before me, the undersilgned authority, �- Sc()\•� who after first being sworn by me affixedCt/her signature in the space provided above on this 18 day of December , 2013 )3ctiki otary P6blic, State at Targe My Cor nission Expires: k J H q I I ID MME * * END OF SECTION * * • O.� n rei 4fided � +aN <,: Q?-$ 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 2 F:1Public Works1ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admimlbid documents100454 - Florida Trench Safety Act -REV 04- SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE • NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: 1302 Project Name: Indian River Boulevard Resurfacing (US 1 to 17th Street) 1. Bidder's Name / Address: Ranger Construction Industries, Inc. 2. Bidder's Telephone & FAX Numbers: 4510 Glades Cutoff Road, Ft. Pierce, FL 34981 P: (772) 464-6460 F: (772) 466-9559 3. Licensing and Corporate Status: a. Is Contractor License current? Yes b. Bidder's Contractor License No: CGC019416 [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: 32 Years. 5. What is the last project OF THIS NATURE that the firm has completed? 57- 1 wt i c G.irr t e/- d , Pair IT. t c / 07- 7 n g -k -r Vo 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 beenassessed liquidated damages? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? Yes [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 - 1 9. Has the firm ever been charged with noncompliance of any public policy or rules? 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.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. Will provide when project is awarded. • • 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. See Attachment. 13. Name of person who inspected the site of the proposed work for the firm: Name. /5 // 1/o der Date of Inspections: /2/ /D//f 14. Name of on-site Project Foreman: R.0 /us ;/�r, 6� t��• Number of years of experience with similar projects as a Project Foreman: 75- 15. Name of Project Manager Rrr% (in ,"/"X Number of years of experience with similar projects as a Project Manager: 020 16. State your total bonding capacity: $750,000,000 Aggregate 17. State your bonding capacity per job:$200,000,000 Per Project 18. Please provide name, address, telephone number, and contact person of your bonding company:Traveler,s Casualty & Surety Company of America. One Tower Square, 5PB Hartford, CT 06183, (321)254-8477 , Mr. William Phelps. [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire.doc 00456 - 2 _ _ n...a tonna% ,c, 6^ 6170. c..e,+...:,..a:,+..,.,.....e.»elnnnu _ rnnrreat not Of psrnnnaira der See Attachment • 456 - Qualifications Questionnaire.doc 0 as 4, 0 U C 0 E C LL r C../ 2 i +' f ' .r :e projects: o U C 0 0 =a CD 0 piete the following table for SIM 1 [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 13y• '� F:Scott Fowler ��••T/I (Signature) • Vice President December 18, 2013 * * END -0F SEC -TION * * (Position or Title) (Date) 00456 - Qualifications Questionnaire.doc 00456 - 4 • e• -•n , 1104 4. 4l... on it.._.:,u,:.r ,+........e.*0rn4CA - n,,alif ntinns Ouestionnairp rine • I SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform ftfork under this Contract in excess of one-half percent of the total bid pnce, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 1302 for Indian River Boulevard Resurfacing (US 1 to 17th Street). Work to be Performed 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Note: Attach additional sheets if required. Subcontractor's Name/Address 7,u E 429i Nei' (Arr (cnrfrcconc 4/C ()f ecc/o6ec, it fV¢7c/ gt(0 3.I R1 (ow-IrI Vcro ,9cr&cLr PL 219Llr CU�pie /cJ7r pi A") IL si,n ajc A L c fro fisrC if Recto,- J 29/- ;, c C Wed/ 70'T 9, n -ca) a it **END OF SECTION** 00458 - 1 00458 - List of Subcontractors REV 04-07.doc ...a ..s C..1...—..1. -..+..n. DRI nn n> .,� BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 CONTRACTOR: (Name, legal status and address) Ranger Construction Industries, Inc. 1200 Elboc Way, Winter Garden, FL 34787 407/656-9255 SURETY: (Name legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square, 5PB, Hartford, CT 06183 800/242-8734 OWNER: (Name legal status and address) Indian River County, Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 BOND AMOUNT: Five Percent (5%) of the total amount of bid PROJECT: (Name, location or address, and Project number, if any) Indian River Boulevard Resurfacing (US1 to 17th Street) County Project Number: 1302/Bid Number: 2014009 • The Contractor and Surety are bound to the Owner m the amount set forth above, for the payment of which the Contractor and Surety bind themselves their heirs, executors administrators, successors and assigns, jointly and severally 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 tune 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 of 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 full 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 m 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 Signed and sealed this 18th day of December (Witness,./.5c(iket., yl I� (Witness) 2013 . Ranger Cons nc. (Principa ) i Scott Fowler, Vice] ident (Seal) (Title) Travelers C pany of America (Surejy %Vil him Phel{s, Attorney -In -Fact and FL Resident Agent (T tie) (Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 edition TRAVELERSJ Attorney -In Fact No. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY 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 215719 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005488885 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance y_and-Surety_Company, Travelers C'acnalty and Surety ('cmpan_y of_Amerira and [United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, 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 "Companies"), and that the Companies do hereby make, constitute and appoint William Phelps 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. Any and all consents required by the Department of Transportation, or the Orlando -Orange County Expressway Authority, State of Florida, incident to the release of retained percentages and/or final estimates. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 13th day of May 2013 State of Connecticut City of Hartford ss. 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 United States Fidelity and Guaranty Company By: Robert L. Raney, enior Vice President On this the 13th day of May 2013 before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President 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, 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 my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. \air\saftio, a. iSecuilie Marie C. Tetreault, Notary Public 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 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, which resolutions are now in full force and effect, reading as follows: 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, recon„izances, 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 may 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 FURTHER RESOLVED, that any bond, recognizance contract of indemnity, onwriting obligatory in the nanire_of-a-hand, recngni7anre, or rendirinnal 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 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. I, 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. Qtu EN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I U day of E_C-Ei i(3GQ , 20 1.3. oAPOR4TF.% �- ;ne SSAL 3 V„.11.----•••••;;440/ Cie. Kevin E. Hughes, Assistant Sec tary 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 INDIAN RIVER BOULEVARD RESURFACING (US1 TO 17TH STREET) BID NO: 2014009 PROJECT NO: 1302 ADDENDUM NO. 1 *************This Addendum MUST be returned with your Bid************** ADDENDUM NO. 1 is submitted by, --_- Michael D. Nixon, P.E. Roadway Production Manager and c_- Je fer Hyd , Purchasing Manager Company Name Ranger Construction Industries, Inc. Name: F. Scott Fowler (Type / Printed Authorized Signatu Title: Vice President Telephone: (407) 749-6266 Page 3 of 3 Qate: December 18, 2013 Fax (407) 656-3188 F:IPublic WorksIENGINEERINGDIVISIONPROJECTSU1302-IR Blvd Resurfacing (SCOP) USI to 17th St44dmimlbid documentslAddendum Detail by Entity Name Page 1 of 3 s r LORIi]A �•EPART_,v0 STA3'E s ; •:7.r. I1'IS;IO\ Qr Co&POR1'fI0\S x� Detail by Entity Name Florida Profit Corporation RANGER CONSTRUCTION INDUSTRIES, INC. Filing Information Document Number F40180 FEUEIN Number 592098662 Date Filed 06/10/1981 tate FL tatus ACTIVE Effective Date 06/08/1981 Last Event CORPORATE MERGER Event Date Filed 12/27/2010 Event Effective Date 12/31/2010 Principal Address 101 SANSBURY'S WAY EST PALM BCH, FL 33411 Changed: 01/27/2009 Mailing Address 101 SANSBURY'S WAY EST PALM BCH, FL 33411 Changed: 01/27/2009 Registered Agent Name & Address BROWNING, DOUGLAS 101 SANSBURY'S WAY EST PALM BEACH, FL 33411 Name Changed: 08/25/2010 ddress Changed 01/27/2009 Officer/Director Detail Name & Address itle ST BROWNING, DOUGLAS J 101 SANSBURYS WAY EST PALM BEACH, FL 33411 Detail by Entity Name itle President SCHAFER, ROBERT 101 SANSBURYS WAY EST PALM BEACH, FL 33411 itle VP FRANK, SCOTT 101 SANSBURY'S WAY EST PALM BEACH, FL 33411 itle Chairman, CEO ECELLIO JR, LEO A 101 SANSBURY'S WAY EST PALM BEACH, FL 33411 itle VP CORREA, MIGUEL G 101 SANSBURY S WAY EST PALM BEACH, FL 33411 itle VP • Fowler, F. Scott 101 SANSBURY'S WAY EST PALM BCH, FL 33411 itle VP ecellio, Michael A 101 SANSBURY'S WAY EST PALM BCH, FL 33411 itle VP ecellio, Christopher S 101 SANSBURY'S WAY EST PALM BCH, FL 33411 itie VP ecellio, Kathryn C 101 SANSBURY'S WAY EST PALM BCH, FL 33411 itle Sr Vice President -Finance mith, Robert D 101 SANSBURY'S WAY EST PALM BCH, FL 33411 nnual Reports Page 2 of 3 , 1 -1 1 ,/1 t ,r% 111 rl Detail by Entity Name Report Year 2011 2012 2013 Home Filed Date 02/24/2011 04/30/2012 01/28/2013 Contact Us E -Filing Services Document Images 01/28/2013 -- ANNUAL REPORT 04/30/2012 ANNUAL REPORT 02/24/2011 - 12/27/2010 - 08/25/2010 01/08/2010 01/27/2009 - 03/03/2008 - 03/26/2007 - 02/22/2007 - 02/17/2006 - 02/16/2005 03/01/2004 - 02/19/2003 - 02/19/2002 - 01/31/2001 - 02/14/2000 - 03/22/1999 - 03/12/1998 02/11/1997 - 03/07/1996 - 03/22/1995 - - ANNUAL REPORT - Merger Req. Agent Change - ANNUAL REPORT - ANNUALREPORT - ANNUAL REPORT ▪ ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUALREPORT - ANNUAL REPORT - ANNUAL REPORT ▪ ANNUAL REPORT - ANNUAL REPORT ▪ ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUALREPORT - ANNUAL REPORT • ANNUAL REPORT Document Searches Forms Page 3 of 3 Help Cooyriaht p and Privacy Policies State of Florida, Department of State View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format - View image in PDF format View image in PDF format View image in PDF format Forms Page 3 of 3 Help Cooyriaht p and Privacy Policies State of Florida, Department of State hanger Construction Industries, Inc. WRITTEN CONSENT IN LIEU OF A SPECIAL MEETING OF TILE BOARD OF DIRECTORS OF RANGER CONSTRUCTION INDUSTRIES, INC. THE UNDERSIGNED, being all of the Directors of Ranger Construction Industries, Inc , a Florida Corporation (the "Corporation"), do hereby consent and subscribe to the following resolution, in lieu of holding a formal special meeting, pursuant to the terms of Florida Statutes 607.0704. WHEREAS, it is deemed to be inthe best interest of the Corporation that the Board of Directors elect Frank Scott Fowler, as Vice President of Operations for the Central Florida Area effective October 22, 2012. RESOLVED, effective October 22, 2012, Frank Scott Fowler be elected Vice President of Operations for the Central Florida Area; and be it further RESOLVED, that effective October 22nd, 2012, Frank Scott Fowler, as Vice President of the Corporation, be authorized to sign any bid documents, contracts, leases and other documents considered to be "in the ordinary course" of this Corporation's business. This authorization does not include "mayor 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 " IN WITNESS WHEREOF, the undersigned hereby executes this written consent as of October 22, 2012. g‘telet; A. Vecellio, Jr., Directo/j i C. Vecellio, Director Chnstop er S. Vecellio, Director ichael A. Vectlho, Director 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 _ _ _ n f 4 nn _ c.... (c&4 7on_A'2' ) 7 ®9 Form (Rev. December2011) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific In tructions on Daae 2 Name Ranger (as shown on your income tax return) Construction Industries, Inc. Business name/dis egarded entity name, if different from above Check appropriate box for federal tax ❑ Individual/sole proprietor ❑ Limited liability company. Enter classification: ❑ S (C=C Trust/estate ► ❑Exempt payee ✓ C Corporation Corporation ❑ Partnership ❑ corporation, S=S corporation, P=partnership) the tax classification (see instructions) PP ❑ Other Address (number, street, and apt. or suite no.) 1200 Elboc Way Requester's name and address (optional) City state, and ZIP code Winter Garden, FL 34787 List account number(s) here (optional) MU Taxpayer Identification Number (TIN) Enter your TIN to avoid backup resident alien, sole entities, it is your in the appropriate box. The TIN provided must match the name given withholding. For individuals this is your social security number proprietor, or disregarded entity see the Part I instructions on employer identification number (EIN). If you do not have a number, on the "Name" (SSN). However, for page 3. For other see How to pet line a a Social security number - - TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number 5 9 2 0 9816 6 2 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding _ because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage.... _ _ interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions on page 4. Sign Here Signature of U.S. person ► Date December 18, 2013 General Instructions —� Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting rt (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number_to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat No. 10231X Form W-9 (Rev. 12-2011) THIS RECEIPT MUST BE PDIOIVIPTLV POSTED FOR PUBLIC VIEW c,.a. In a. r../m.vhorx, kr .=7•72:C..xa:] t._-144) V:,c:sst Tr(. a•.:zsa. it-rt.a '•••:NA T( z.-rac9-B.<ca. ]X.'tt x- ' .r.^;�.:.... O o Q S co Z �: C a C- m m -i rs•o D D c Z a z m z 9 a m Et ma f 7 7 N y a3 n `.G n m n -8 O m n 0. N 0 N N N il. 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W 1 1' m C'E O I-1 ~t H 6-4 t ��3 m O _., t-i 93 Oa I M x !`.) n W l Cr Iiii 1-4 ITI 33 a w co 0 mI r•� Lc 33 :�:=-= •.. -_.:.;»:t .4. � tC:v_•.... .. rx.,-scr a. ' xc*:e: j -tae)» f?* .i. +cr1C. .- -sxr. X0: " - !! `!i•N.•vial kiliCti/rk#/Atip:Kilt ICIil (#h4ii;N7A%Opmwr.seme*iti\ ^`^ _ -•••••••.a M. r�>:� -41•‘• el M1-M N. M -ea M lMo lelaa::.M `M. M�(M .. et% .� .1� l0I-'.l11aI•r-i1lti�(!1• ,y(. rii17!•(at�hil•i h1 ,P*dii•ilk)Ni/Oh di .✓.1%411,1v(0hVih`��\.�k ' r r . �U- S e •: i Urpartmnnt or gttttr I certify the attached is a true and correct copy of the Articles of Incorporation, as amended to date, of RANGER CONSTRUCTION INDUSTRIES, INC., a corporation organized under the laws of the State of Florida, as shown by the records of this office. The document number of this corporation is F40180. s2E022 2-95) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395, 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 SLADE, JAMES MICHAEL 149 SCARBOROUGH TER WELLINGTON FL 33414 Congratulationsl 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.myflorldalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and leam more about the Department's initiatives. Our mrssion 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! SINES GUfrAT• 1' i DETACH HERE 118 2]:0,66:7 5wr.ii1•••t: :4:.7— GBR b'C, ,' �.; •-c-; • ., xps;�ak�ion date., 1L r, .. .._ .. _ .. .. .. mise;PEbia.. PPRvi$1 2 1`4% :}r %i5, ^li HIS DOGUMENT, HAS-A;COLORED_BACKGROUND MICROPRINTING LINEIOHK°;PATENTED PAPE_ FLORI q - f(3- Ic; STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487.1395 1940 NORTH MONROE STREET TALLAHASSEE FL 323990783 CORREA, MIGUEL GUILLERMO ----RANGE-R—CONSTRUCTION--INDUST-RIES 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 team more about the Department's in[6atives. Our mission at the Department is License Efficiently, Regulate Fairly, We constantly strive to serve you better so that you can serve your cuslorriers. Thank you for doing business in Florida, and congratulations on your new license! • DETACH HERE STATE OF FLORIDA . ACK 6 2 78 3 7 2 DEPARTMENT. OF BUSINESS MW PROFESSIONAL ;REGULATION CGC419416.%.10810.112 124075465 CERTIFIED; 4 RAI . !!CONTRACTORCORRSA; 1917E030 LI,BitMO RANGER CONS3RPCZIMIS.INDUSTRIES I . `r IS CERTIFIED under the provisions of Ch.4B9 g� Exptratica data, AUG 31, 2014 - LI?0”,701S40 lir:� . 2,.. • . . tx a.�•„'THIS 1)OCW.}ENT HA5 A;COIO HLEACKGROUND 111ICROPRINTn1G LINEMAAKAPAIEHTEO _PAPER „'?' AC#627837.2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SECtIt L12081701540 LICENSE NBR--s-; 08/17j2012. 120075465 CGC019416',. .•- -. V:`5 h::r .- :1«-�• F'i':• The; GENERAL, -CONTRACTOR '• ' "' r` t1 :' ' �. Named below IS CERTIFIED• ��` }1. r �•�,t..,.., Under the "provisioins of ChaptpV 489'4S -��-ti ` , 1 =-'!"`'z Expiration date: AUG 31, 2014 :,`; 1.1 } o i.; •_ RANGER CONSTRUCTION INDUSTRIES ., � -INC °f; c3`-' t "' 101 BANBURY ' S WAY ._ 'f;t ` •k • . WEST PALM BCH FL 33411 r -" RICK SCOTT GOVERNOR DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY ACORO® CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MM/DD/YYYY) 04/17/2013 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement). PRODUCER George H. Friedlander Co. PO Box 2466 1566 Kanawha Blvd. E. Charleston, WV 25329 1-304-357-4520 CONTACT NAME PHONE (A/C. No. Ext): L(NC No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 4 • • INSURERA: Travelers Property Casualty company of INSURED Ranger Construction Industries, Inc. 1200 Elboc Way Winter Garden, FL 34787 INSURERS: Travelers Property Casualty Company INSURER C: Travelers Insurance INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 33136832 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. MSR LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERALJABILITY x CLAIMS -MADE X OCCUR Contractual Liability B GEML AGGREGATE LIMIT APPLIES PER: —1 POLICY n IS LOC AUTOMOBILE LIABILITY X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS x ADDLISUSR JNSRIWVD POLICY NUMBER CO -580713217-13 POLICY EFF (MHIDDIYYYY) SCHEDULED AUTOS NON -OWNED AUTOS CAP -5807B186-13 04/01/13 04/01/13 POIJCY IYYYY), 04/01/14 EACH OCCURRENCE LIMITS $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 8500,000 MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 2,000,000 $ 2,000,000 $ 04/01/14 COMBINED SINGLE LIMIT (Ea accident) 81,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ A X UMBRELLA LIAB EXCESS UAB x OCCUR CLAIMS -MADE C DED RETENTION $ CUP -58078198-13 04/01/13 04/01/14 EACH OCCURRENCE AGGREGATE 53,000,000 $ 3,000,000 WORKER$ COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N N/A UB -6339B488-13 04/01/13 04/01/14 X WC STATU- I 10TH - TORY LIMITS 1 11 ER E.L EACH ACCIDENT 5 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder is an Additional Insured but only with respect to work conducted by the insured and at the specified project. Project: SAMPLE CERTIFICATE HOLDER CANCELLATION Ranger Construction Industries, Inc. 1200 E1boc Way Winter Garden, FL 34787 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) I abarber 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD QUALIFICATIONS QUESTIONNAIRE Answer to question # 8 Section 00456 OSHA Violations Job Location: Hypoluxo Road, West Palm Beach, FL Owner: Palm Beach County Owner's telephone #: 561-684-4180 On April 24, 2009, Ranger Construction Industries, Inc. was cited under subpart 1926.701(b) Concrete and Masonry Construction• Reinforcing steel All protruding reinforcing steel, onto and into which employees could fall, shall be guarded to eliminate the hazard of impalement. Circumstances: A gap was present in a barrier wall where rebar protruded from the walls edge into the gap. The gap was very small and would prove to be difficult for a person to attempt to use the area as a means of passing from one side of the wall to the other. OSHA asserted that an employee could choose to attempt to use the gap as a walkway, and receive lacerations or abrasions from the rebar The condition was quickly abated. A reduced citation in the amount of $526.00 was paid. Mark E Ligon Vice President - Safety O a.W a y a 0 n M z tn N J a 1.4 O to .a O co V1 'a 6107346 ROCK POWER -WATER & 0 30 N 0 0 N IC W W V n 0 ,14 m cn y co 'r, 41 to NO C3 O 'P 0 O .03 O 0 nor gulp 0uuueuS 1/69S05£ 3505688 Stuart West POA Pha 3505675 Vista Royale Resurf W W 0 CO J O 4.0 O a H e 0 0 ;Tit apu'17S LL£SOSt 4-43 0 v 1PJP"'I P)1 a1023SO 9LCSOSC VI W N O 3505375 Lakeland Runway 9-2 J v' Y 3505373 Vero Beach Runway 4 W O2-11 0C. 0 0 0 0 CO - .0 O v N O J W 0 J 0 as V 0 3505364 Kissimmee Gateway A 0 3505363 North Dillard Stree O V La La 0 0 VI VI 0 a N 4i LTA � a N 42 tg o 0 n t c co s711 '8' fmnaplM ZVS3 LSCSOS£ O la WUl 3505352 Part St Lucie 10-19 3505351 Port St Lucie +200 TM, SR 00S ES L60SOS£ La la LII 0 0 LCI 0 V a { � 1M y � 1 n 0 • 4 D. la 00 VI W 0 61 ES Z60S0S£ OS TIS'9 (T Sfl) 5 TIS 58050S£ CO 14 % 'aa 0' W W W 0 0 0 O V o 0 a 0 0 V 0 0 V N LA .- .0 +Nl 0 0 N V OLa a V' V COO7' V W 0'' 0 V 0 V 0 N. 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O w_ 0 a) 3 o cn7" 0 0 - H3 ffl EA EA {AN ,o V N W O O O N W W CO A CO CO O CD O CO CO CO A (T O O O A O O o O 0 0 0 7 cn n- w C 7 C o 2 o m c m 0 m CD 0 CO Cr) D 3 0 Eft EA f!i Eii EA EA EA EA 69 co N ffl CO CTT V V (O N N N O O V 1 A W 1 O O O CO O W Ol O A CO CA O O A O A O N O O (O -N O V Cn (o O in A AAO V A N O CO W 0 1 CT (O W CO 1 CI1 o co co O cn (D CT 1 CO CO CD O N A N CD O N tri CD O O A O V N O 0 cm O O CT O U1 O) O O —+ 9 e oo r r w w 0 n 5 (o (o 0 CD 7 m o 7 7 3 r D w O Cv O w 7 o 0 23 m 15(0 (D O 0 ( (D 00 00000 000330)333331 0 0 0-0 o o o\°o��v-0� CD CD ° CD CD (D CD O ° (D CD (D co CD CD (D 00 a el 00 -0 0 01.01.-L39-199 0LOl-L39-1•99 Je}gaod paegoiy 17M717 -6317 -ELL V V V V N N J CT1 0 O V CO V1 A O W O O 1 O1 W O N V OD 1 O -lila (0A CO O CO O 1 V 6Z99 -66E -39E w 2 n Cr 7 w o w a CD Om w - CD 4-1 CD ELLE-I-EC-LOi trtebtr-63i -ELL 1 -9017 -OLE -ELL 0 0 0 0 o 3 0 it 3 3 3 -O 'O o CD ° N o CD 0 m• 0 D -I o r C 0 r - CU CD CD N CO 3 co 0 3 '' g w OQ `� Q 2 O7 o 0 2 2 U) 0 3 3 W o T) N 7 9930-1.iL-E L9 CO V 01 V A N O) (T NC) 0 (OV 1 U1 N O V W V 01 N N N W CO CD A 1 (71 -' (O 1 co A CO W V (n V N N W O) (o A o O W J co 1 N CO CO 0 CO O O w 0 0 O 0 7 N V A V ••,•4 Ul co CO CO A W C) V (o N CO N O DATE: Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 2264416 Fax (772) 770-5140 ADDENDUM NO. 1 December 4, 2013 PROJECT NAME: BID NO. PROJECT No. Bid Opening Date: Indian River Boulevard Resurfacing (US1 to 17th Street) 2014009 1302 __ Wednesday, December 18; 2013 - TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bid Requirements. Therefore, it hereby supersedes anything to the contrary in the Bid Requirements. This ADDENDUM is hereby made a part of and shall be attached to the subject Bid Requirements. All questions about the meaning or intent of the Bid Documents are to be submitted to PURCHASING MANAGER in writing to purchasing@ircgov.com. Interpretations or clarifications considered necessary to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bid Documents. Questions received less than ten (10) calendar days prior to the date for opening of Bids shall not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarification will be without legal effect. Deadline date for submittal of questions is 11:59 p.m., Sunday, December 8, 2013. All Submittals, including signature page of Addendum No. 1 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 Bid Documents as deemed advisable by OWNER or ENGINEER. Page 1 of 3 F:IPublic WorksIENGINEERINGDIVISION PROJECTSIl302-IR Blvd Resurfacing (SCOP) USI to 17th StlAdmimlbid documentslAddendum # 1 I ADDEND UM NO 1 12-4-2 013. d o c CORRECTIONS Section 01025 TECHNICAL SPECIFICATIONS Section 327 — Milling of Existing Asphaltic Pavement (page 01025-14) ADD THE FOLLOWING PARAGRAPH: 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's Road and Bridge Division, 4550 41St Street, Vero Beach, Florida. ATTACHMENTS: SECTION 01025 - TECHNICAL SPECIFICATIONS (pages 01025-1 through 01025-17) Page 2 of 3 F:IPublic WorksIENGINEERING DIVISION PROJECTSII302-IR Blvd Resurfacing (SCOP) USI to 17th StlAdmimlbid documentslAddendum #11ADDENDUM NO 1 12-4-2013.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 U tility 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, S igning & Geometrics Dated July, 2011. S ECTION - 4 - SCOPE OF WORK S ection 4-3.9 Value Engineering Incentive is deleted in its entirety. S ECTION - 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 P ayment for the work specified in this item shall be made under: B id Item No. 101-1 - Mobilization (Includes Public Construction Bond) - Lump Sum 01025-1 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documentsWddendum #1\Technical Specifications Add 1.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 Contractor shall 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 loin in the inspection as is deemed necessary. 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 01025-2 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc standards to be followed in the design application, installation, maintenance and removal of all traffic control devices and all warning devicesand barriers which are n ecessary 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 n ecessary 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 u ndamaged. Damaged devices diminishing legibility and recognition, during either n ight 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 Indian River Boulevard 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 - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.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 storniwater 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.pdf) D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's work as a result of its failure to comply with this Section, the Construction Contract time clock will continue to run. E In addition to these Specifications comply with Chapter 4 - "Best Management Practices for Erosion and Sedimentation Control" and Chapter 5 — Best Management Practices for Dewatering' of the Florida Erosion and Sediment Control Inspector's Manual. In the event of a conflict between the referenced Chapters and these Specifications, the more stringent requirement shall prevail. 1.2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A. The OWNER has obtained certain permits for. this project and they are listed in paragraph SC -6.08 of the Supplementary Conditions. Per paragraph SC -6.08.0 of the Supplementary Conditions, the CONTRACTOR shall apply for, obtain and pay for all other required permits licenses, sampling and tests. Permits the CONTRACTOR may need to secure may include but not be limited to: 1. Long-term and/or short-term dewatering permit as required by the St. Johns 01025 4 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc River Water Management District (SJRWMD). Generally, only the short-term permit is required. Contact SJRWMD at (321) 984-4940 to determine which permit is required and the associated statutory requirements; 2. SJRWMD RDS -50 Permit (required)* 3. The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (required). Contact the Florida Department of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or www.dep.state.fl.us/water/stormwater/npdes/ 4. FDEP's Uncontaminated Groundwater Release Permit (required if dewatering occurs). This permit requires water quality testing by a State certified laboratory. B. Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER If there is a conflict between any permit requirement and these Specifications, the more stringent specification or requirement shall govern. C. In addition to paying for all permit fees CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut -down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans and specifications. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. In addition to other temporary erosion control measures that may be implemented, application of polyacrylamide is required o n all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless final landscaping has been installed. Polyacrylamide application shall be as specified herein. D. Inspect each pollution control system at least once per day and after each rainfall e vent. 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 ✓ iolation occurs, immediately cease all work contributing to the water quality violation and correct the problem. 01025-5 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc 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.B, 1.6.C, and 1.6 D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen pesticides, oil and grease, concrete truck washout, stucco mixer washout, curb machine washout washout from other construction equipment, construction chemicals, and construction debris. B. When the Discharge is Directly Into an Existing Water Body, Pollution Occurs When.. An existing water body (includingditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the 01025-6 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc 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. 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 Tess 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.B, 1.6.0, 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. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polyacrylamide: As required in Paragraph 1 3.0 place polyacrylamide (PAM) on bare ground to reduce the potential for erosion. PAM may also be used in water bodies to remove turbidity. Use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, contact Applied Polymer Systems, Inc., (678) 494-5998, www.siltstop.com. B Staked Silt Fences: 1. General. Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the 01025-7 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc 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 - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc CONTRACTOR'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County Project No. 1302 for Indian River B oulevard Resurfacing (US 1 to 17th Street). S TATE 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 2. My name is and my relationship to the entity named above is • (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) • 3. I understand and agrees that in addition to complying with the terms and conditions of 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 (0 All Codes and Ordinances of Indian River County. 4. I understand and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes: ". . . 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. I understand and agrees that in addition to the definition set forth in Item 4 above, `pollution" is also defined by Florida Administrative Code 62-302.530 and as may be 01025-11 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc further defined in the Indian River County permit(s). 6. I understand that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times during construction until complete stabilization is achieved at the project site. Contractor understands that this requirement is for this project regardless of the project size. 7. I 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 Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. Contractor understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity facility, or system is located or authorized the Contractor shall notify in writing both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Contractor shall provide the name mailing address, and telephone n umber of the transferee and a copy of the instrument effectuating the transfer. Said n otification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Contractor must provide (1) the information required in Item 8(a) (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit and (3) a new "Contractor s Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Contractor is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility system, or activity is located o r authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An `Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of $30.00 per sign. 01025-12 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS ‘1302-1R Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc Under penalty of perjury, Contractor declares that it has read the foregoing affidavit and the facts stated in it are true. Contractor: FURTHER AFFIANT SAYETH NAUGHT Authorized Signature: Printed Name. Date: (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) The foregoing instrument was subscribed and sworn to before me this day of 20 by , who is personally known to me or has produced as identification and who did take oath. My Commission expires: Notary Public State of Florida at Large + + END OF SECTION + + 01025-13 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc 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). 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's Road and Bridge Division, 4550 41st Street, Vero Beach, Florida. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 327-70 1 — Milling Existing Asphalt Pavement (1' Avg.)— Per SquareYard SECTION — 334 - SUPERPAVE ASPHALTIC PAVEMENT The work specified in this item shall conform to. Section 337 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. 334-1-13 — Superpave Asphaltic Concrete — 11/2" SP 9.5 — 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 for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the 01025-14 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc 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. 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 attached to each bag or other cont-a-iner. Contractor shall ensure 1 pound of nitrogen per 1,000 square feet. E Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-5 and 2.34.B. F Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of6.0-7.0. 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 VA" below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. 01025-15 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc S odding shall. not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. S od shall be placed around all structures, equipment pads, etc. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replaat+ng or- rvparr-nscessa-ry-duo-to-the-Contractor s-negligenGel-care le-s-snes-s 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 P ayment shall be made under: Bid Item No. 570-1-2A - Performance Turf (Sod) (Bahia) _ Per Square Yard Bid Item No. 570-1-2B - Performance Turf (Sod) (St. Augustine) - Per Square Yard SECTION - 700 - SIGNING AND PAVEMENT MARKINGS A. Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010), Manual on Uniform Traffic Control D evices, 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 notto 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". 01025-16 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc Item of Payment Payment shall be made under: B id Item No. 706-3A — Retro -reflective Pavement Markers Bi -Directional Amber/Amber — Per Each Bid Item No. 706-3B — Retro -reflective Pavement Markers Bi -Directional White/Red — Per Each Bid Item No. 711-11-121 — Traffic Stripe (Solid) (Thermoplastic) (White) (6") — Per Linear Foot B id Item No. 711-11-122 — Traffic Stripe (Solid) (Thermoplastic) (White) (8") — Per Linear Foot B id Item No. 711-11-123 — Traffic Stripe (Solid) (Thermoplastic) (White) (12") — Per Linear Foot Bid Item No. 711-11-124 — Traffic Stripe (Solid) (Thermoplastic) (White) (18") — Per Linear Foot Bid Item No. 711-11-125 — Traffic Stripe (Solid) (Thermoplastic) (White) (24") — Per Linear Foot B id Item No. 711-11-131 — Traffic Stripe (Skip) (2'-4') (Thermoplastic) (6") (White) — Per Linear Foot Bid Item No. 711-11-141A — Traffic Stripe (Skip) (6'-10') (Thermoplastic) (6") (White) - Per Linear Foot B id Item No. 711-11-141B — Traffic Stripe (Skip) (10'-30') (Thermoplastic) (6") (White) — Per Linear Foot Bid Item No. 711-11-160 — Pavement Messages (Thermoplastic) (MERGE) — Per Each B id Item No. 711-11-170A — Standard Turn Arrow (Thermoplastic) (White) (LEFT ONLY) — Per Each Bid Item No. 711-11-170B — Standard Turn Arrow (Thermoplastic) (White) (STRAIGHT OR RIGHT, MERGE) — Per Each Bid Item No. 711-11-170C — Standard Turn Arrow (Thermoplastic) (White) (RIGHT ONLY) = Per Each Bid Item No. 711-11-170D — Standard Turn Arrow (Thermoplastic) (White) (U-TURN ONLY) — Per Each Bid Item No. 711-11-221A — Traffic Stripe (Solid) (Thermoplastic) (Yellow) (6") — Per Linear Foot Bid Item No. 711-11-221B — Traffic Stripe (Solid) (Thermoplastic) (Yellow) (6") (Double) — Per Linear Foot B id Item No. 711-11-224 — Traffic Stripe (Solid) (Thermoplastic) (Yellow) (18") — Per Linear Foot Bid Item No. 711-11-241A — Traffic Stripe (Skip) (6'-10') (Thermoplastic) (Yellow) — Per Linear Foot B id Item No. 711-11-241B — Traffic Stripe (Skip) (2'-4') (Thermoplastic) (Yellow) — Per Linear Foot ++END OF SECTION++ 01025-17 Technical Specifications - Addendum 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Addendum #1\Technical Specifications Add 1.doc BOARD OF COUNTY COMMISSIONERS February 4, 2014 Ranger Construction Industries, Inc Attn: Mr. F. Scott Fowler 4510 Glades Cutoff Road Ft. Pierce, FL 34981 NOTICE OF AWARD Reference: Indian River County. Bid No. 2014009 Indian River Boulevard Resurfacing (US 1 to 17t Street) Dear Mr. Fowler: I am pleased to inform you that on February 4, 2014, 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. ($686,074.50 — which reflects your total bid Less the two items deleted by Change Order #1). 2. Two Signed Copies of Enclosed Agreement. _ 3. _Two Signed Copies of Change Order Form .. _4. _ Certificate of Insurance in accordance with sections 00700 and 00800 of the bid documents. Please execute both copies of the enclosed Agreement and the Change Order Form and return them together with the required Construction Bond to this office at the address provided below no later than February 20, 2014. 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, r Jefinife Hyde, Purchasing Manager Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida 329600(772) 226-14160Fax: (772) 770-5140 E-mail. SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 - WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 — ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 3 ARTICLE 7 - INDEMNIFICATION 4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10 - MISCELLANEOUS 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Works) REV 04-07 00520 - 1 C:\Users\rgwgslb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\GUFB029Z\00520 - Agreement (Public Works) REV 04-07 doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) 1 \ and �c-kmaleR .oNS vICTot� t Au.S\ANeS AJC• (hereinafter defied 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 Indian River Boulevard consist of milling and resurfacing of both northbound and southbound lanes from US 1 to 17th Street (approximately 1 % miles in length). Also included with the project is signing and marking of the proposed resurfaced lanes. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name. Indian River Boulevard Resurfacing (US 1 to 17th Street) County Project Number: 1302 Bid Number: 2014009 Project Address: Indian River Boulevard, 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 60th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14 07 of the General Conditions on or before the 75 day after the date when the Contract Times commence to run. 00520 - Agreement (Public Works) REV 04-07 00520 - 2 C:\Users\rgwgslb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\GUFB029Z\00520 - Agreement (Public Works) REV 04-07.doc 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual Toss 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 5.01.8, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ t \ l.Q t \crk . Sb Written Amount: \-Vai sAs S Nt 4-X\r\auteS tu,3._ ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain 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 00520 - Agreement (Public Works) REV 04-07 00520 - 3 C:\UsersVgwgslbWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\GUFB029Z\00520 - Agreement (Public Works) REV 04-07.doc percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005), or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 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. 00520 - Agreement (Public Works) REV 04-07 00520 - 4 C:\Users\rgwgslb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\GUFB029Z\00520 - Agreement (Public Works) REV 04-07 doc ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D . CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents H . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 00520 - Agreement (Public Works) REV 04-07 00520 - 5 C:\Users\rgwgslb\AppData\LocalWicrosott\Windows\Temporary Internet Files\Content.Outlook\GUF8029Z\00520 - Agreement (Public Works) REV 04-07.doc ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-8, inclusive); 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractors Application for Payment (pages 00622-1 to 00620-6, inclusive); 6. General Conditions (pages 00700-1 to 00700-44, inclusive); 7. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive); 8. Specifications as listed in the table of contents of the Project Manual; 9. Drawings consisting of a cover sheet and sheets numbered 2 through 30, inclusive, with each sheet bearing the following general title: Indian River Boulevard Resurfacing; 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A — Permits 12. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive) 13. Bid Bond (pages 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive) List of Subcontractors (page 00458-1 inclusive). 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, 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 (pages 00632-1 to 00632-2 of the Specifications) 00520 - Agreement (Public Works) REV 04-07 00520 - 6 C:\UsersVgwgslbWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\GUFB029Z\00520 - Agreement (Public Works) REV 04-07.doc ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 04-07 00520 - 7 C:\UsersVgwgslb\AppData\Local\Miaosoft\Windows\Temporary Internet Files\Content.Outlook\GUFB029Z\00520 - Agreement (Public Works) REV 04-07.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf This Agreement will be effective on 120 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY \)qN)3L Lon,\S\At(Co)) JA( seS �Nc. B By: \. ta,a J seph A. Baird, County Administrator APPROVED AS TO FORM AND SUFFI 3 ►/Y: By /./ Dylan Reingold, County Attorney cp.._ LEGAL Jeffrey R. Smith, Clerk of Court and Comptroller Attest: (SEAL) Deputy Clerk Designated Representative: Name. Christopher J. Kafer Jr., P E Title County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 $tt,....'1Sego .. 4• l• .;F9N`t Attest on ractor) • CORPORATE SEAL)- Address for giving notices: % eR CoNS\�.uc�„� ,�c�S SeS 1--t\K. \a Elh6c�cuek a, R Ga ._&00, License No. C , Q Q , U \c\v9\y (Where applicable) Agent for service of process: ton\os D esignated Representative: N ame: Q ock_q\'as -2ykoko J Title: 5004 ,P.cA Address: \\ SQN \(3 19-„1`s WGf `? \ch 3 y 11.Q P hone Slsz1-Sick _ ckyoCs Facsimile: St o\ l\t _ Y21). (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) **ENDOFSECTION** 00520 - Agreement (Public Works) REV 04-07 00520 - 8 C:\UsersVgwgslb\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\GUFB029Z\00520 - Agreement (Public Works) REV 04-07.doc SECTION 00550 - Notice to Proceed [Certified Mail -- Return Receipt Requested] TO: Dated ADDRESS: (BIDDER) ontract For: Indian River Boulevard Resurfacing (US 1 to 17th Street) IRC Project No: 3102 IRC Bid No. 2014009 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 contracthas allocated 60 days for Substantial Completion of this project and 75 days for Final Completion. In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13 Also, before you may start any Work at the Site, you must (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) 00550 - Notice to Proceed REV 1-4-11.doc 00550 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents \00550 - Notice to Proceed REV 1-4-11.doc Rev. 05/01 3120140008358 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2737 PG: 877, 2/17/2014 2:11 PM PUBLIC CONSTRUCTION BOND • BOND NUMBER: 106051547 • BOND AMOUNT: $686,074.50 CONTRACT AMOUNT: CONTRACTOR'S NAME: CONTRACTOR'S ADDRESS: CONTRACTOR'S PHONE: SURETY COMPANY: SURETY'S ADDRESS: OWNER'S NAME: OWNER'S ADDRESS: OWNER'S PHONE: $686,074.50 Ranger Construction Industries, Inc. 1200 Elboc Way Winter Garden. FI, 34787 407-656-9266 Travelers Casualty and Surety Company of Amenca One Tower Square, 5PB Hartford, CT 06183 Indian River County, Florida • 1800 27th Street, Vero Beach, FL 32960 772-226-1416 DESCRIPTION OF WORK: Indian River Boulevard Resurfacing PROJECT LOCATION. Indian River Boulevard (US 1 to 17th Street), Indian River County LEGAL DESCRIPTION: Indian River Boulevard (US 1 to 17th Street), Indian River County Indian.Rwer Bid No. 2014009 This Bond is issued in favor of the County conditioned on the full and faithful performance of the Cantrsct. • A TRJE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK • BK: 2737 PG: 878 • SECTION 00320 PUBUC CONSTRUCTION BOND 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 the Indian River County, FL , herein called County. , in the sum of $ 686,074.50 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 Fe bruav5 4 for the construction of the Indian River Boulevard (US 1 to 17th Street) located yyjjh1n Indian River County, Florida, the Contract being made a part of this bond reference, at the times and in the manner prescribed in the Contract; and 120a between Principal and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statues, 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 Countyall josses, damages including but not limited to delay damages, expenses, costs and attorneys fees, including appellate proceedings, that County. sustains because of a default by Principal under the Contract and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. My changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contra Surety's obligation under this bond. :it or the changesdoes not affect Principal agrees to record this bond in the Official Records for Indian River County before the commencement of the work subject of this bond. DATED ON: 6th. February 2 2014 , PRINCIPAL : Ranger Construcponidbstries, Inc. r, , Address: 1200 Elboc taisieatp#1 rt n4 + r t -Tc rto-..o$ A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SPI{TN, CLEFK r BK: 2737 PG: 879 • SURETY: Travelers Casualty and Surety Company of America Address: By. i One Tower S .4;1.n3, 5P:/ Hartford, C •183 P `ps (• $ Attorney -in -Fad) C ERTIFICATES AS TO CORPORATE PRINCIPAL I. Rick Fowler ,certify that I am the Secretary of the Corporation named as P nncipal in the within bond; that Scott Fowler behalf of the Principal, wan than Vice President of sold Gorporation;`j.r$ . know his signature, and his signature hereto is genuine; and that said bond was duly signei attested for and in behalf of said Corporation by authority governing body. ::`: who signed the said bond on STATE OF FLORIDA) ss COUNTY OF Orange .. ) r, ., r . 4, y.,.. . j ..,.':�✓'.il.: : Secreta (Cori Tf J .} f e.. zt The foregoing instrument was acknowledged before me this. 6th day of February! . v. i ,,f 2014 , by William Phelps on behalf of the corporation (Surety): He/She [please check as applicable] X is personalty known to me, his/her (state) his/her (type of identification) as identification, who being by me first duty swom upon oath, says that he/she is the Attomey-in-Fact, for the Prinapal and that he has been authorized by the Prinapal to execute the foregoing bond on behalf of the Principal named therein in favor of Inman Rive County, Florida. driver's license, Subscribed and swom to before me this 6th day bruary (Attach Power of Attorney) 2014 v,,y�l � 4- N ary P blit State of Florida -at -Large * Os A.D. • �10iliiusoll ,•• ti,;MissioN • - 9 „ :`GVii\19,?piso9co Z N IIEE 154184 • J O�� 9,p'' Bonded to . • cQ': '%$f 1 1 TM 1 Off\`` A TRUE' COPY CERTIFICATION ON LAST PAGE LP, SMITH, CLERK BK: 2737 PG: 880 TRAVELERSJ Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY 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 215719 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005489037 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, 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 are corporations duly organized under the laws of the State of Connecticut, 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 "Companies"), and that the Companies do hereby make, constitute and appoint William Phelps of the City of Melbourne State of Florida their true and lawful Attomey(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. Any and all consents required by the Department of Transportation, or the Orlando -Orange County Expressway Authority, State of Florida, incident to the release of retained percentages and/or final estimates. IN WTTNFSS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 13th day of May 2013 State of Connecticut City of Hartford ss. 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 United States Fidelity and Guaranty Company By: Robert L. Raney. enior Vice President On this the 13th day of May 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President 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. 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, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. \.09•Ailt ••� Marie C. Tetreault,Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A TRUE COPY CERTIFICATION ON LAST PAGE ER. SMITH, CLERK BK: 2737 PG: 881 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 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, which resolutions are now in full force and effect, reading as follows: 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 may 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 FURTHER RESOLVED, that any 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 Attomeys-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 Attomeys-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. I, 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; whtch:is in full force and effect and has not been revoked. t. t; IN TESTIMONY WHEREOF, I have hereunto set my hand amt. affixed the chis of said Companies this riPE (P day of IztSRW42-r ,20 Goa • Kevin E. Hughes, Assistant Sec .r; To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the above-named individuals and the details of the bond to which the power is attached. INDIAN RIVER COUNTY THIS IS TO tERTIFYTHAT COP? OF THEORIGINALON ORIGINAL MAY HAVE REDA IN FLORILIA STATUfr 19 0 AIM RIO CORRECT LE INTIM OFFICE. THIS INFORMATION AS STATED �Of* CL - D WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORO® CERTIFIL-,TE OF LIABILITY INSUh .ANCE DATE(MM/DD/YYYY) 02/07/2014 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 George H. Friedlander Co. PO Box 2466 1566 Kanawha Blvd. E. Charleston, WV 25329 CONTACT NAME: PHONE INC. No. Eat): E-MAIL ADDRESS: FAX INC. No): INSURER(S) AFFORDING COVERAGE NAIL 0 . ( RERA: Travelers Property Casualty Company of INSURED Ranger Construction Industries, Inc. 1200 Elboc Way Winter Garden, FL 34787 MSURER B : Travelers Property Casualty Company INSURERC: Travelers Insurance INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 38404980 • CERTIFICATE HOLDER CANCELLATION Indian River 1800 27th Vero Beach, County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH OF INSURANCE PERTAIN, POLICIES. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MMR TYPE OF INSURANCE R Y YID POLICY NUMBER POUCY (IrM/DD/YYYY) EFF (MM/DD/YYY1) POLICYMADDEXP UNITS A GENERALLIABILm' COMMERCIAL GENERAL -MADE LIABILITY CO -58078217-13 04/01/13 04/01/14 EACH OCCURRENCE $1,000,000 X DAMAGE PREMISES TO (Ea RENTED orpurrence) $500,000 $ CLAIMS X OCCUR MED EXP (Any one person) $ 10, 000 % Contractual Liability PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRPOLICY n JECT n LOC$ PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 B AUTOMOB(LEUABIUTY ANY AUTO ALLOS OWNED A HIRED AUTOS SCHEDULED AUTOS NON AUTOS -OWNED CAP -5807B186-13 04/01/13 04/01/14 COMBINEDSINGLELIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X % PROPERTY (Per accident) DAMAGE $ $ A X UMBRELLAUAB EXCESS LAB X OCCUR CLAIMS -MADE CUP -58078198-13 04/01/13 04/01/14 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ C w ORKERSCOMPENSATION ANDEMPLOYERS'LIABILITY . ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN N / A UB-6339B488-13WCSTATU- 04/01/13 04/01/14 X TORYIIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 N E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000 below E.L. DISEASE - POLICY LIMIT $ 1,000,00 0 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Indian River County is an Additional Insured but only with respect by the insured and at the specified project. Project: Indian River Boulevard Resurfacing, US 1 to 17th Street; if more space is to work County Project required) conducted No. 1302; RCI No. 3505388 CERTIFICATE HOLDER CANCELLATION Indian River 1800 27th Vero Beach, County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Street PL 32960 USA AUTHORIZED REPRESENTATIVE l Ati_1 ACORD 25 (2010/05) klaplart te 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Ranger Construction Industries, Inc. Bid No. 2014009 Project Indian River Boulevard Resurfacing (US 1 to 17th Street) OWNER's Project No. 1302 Engineer: Indian River County You are directed to make the following changes in the Contract Documents: Description: Eliminate Bid Items 660-4-11 (Vehicle Detector Assembly (Cabinet Equipment)) and 660-4- 12 (Vehicle Detector Assembly (Above Ground 4 -Camera System) (Econolite)) Reason for Change Order: These items have been previously installed by others Attachments: (List documents supporting change) Descnption of Itemized Changes CHANGE I CHANGE IN CONTRACT PRICE: IN CONTRACT TIMES Description Amount Original Contract Price $716,499.50 Original Contract Time: Substantial Completion: Final Completion: Net decrease of this Change Order: $30,425.00 75 Contract Price with all approved Change Orders: $686.074.50 (days or dates) 0 0 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days 60 CHANGE IN CONTRACT TIMES Descnption Time Original Contract Time: Substantial Completion: Final Completion: (days) 60 75 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) 0 0 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days 60 or dates) 75 RECOMMENDED* By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: 00942 - Change Order No. 1 00942 - 1 F:\PuSic Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfadng (SCOP) US1 to 17th SI\AdnurnkChange Orders100942 - Change Order No. 1.doc Rev 05101 CHANGE ORDER NO 1 DESCRIPTION OF ITEMIZED. CHANGES Indian River Boulevard Resurfacing (from US 1 TO 17th Street) IRC Project No. 1302/Bid No. 2014009 F:1Public Wor161ENGINEERING DMSION PROJECTS11302-IR Sled Resurfacing (SCOP) US1 to 17th ShAdmim\Change Orders\Change Order No 1 Description of Itemized Changes Page 1 Item No. Description of Change Quantity Unit Unit Price Price DECREASE ITEMS DELETED 660-4-11 VEHICLE DETECTOR ASSEMBLY • (CABINET EQUIPMENT) 1 EA $ 4,695.00 $ 4,695.00 660-4-12 VEHICLE DETECTOR ASSEMBLY (ABOVE GROUND 4 -CAMERA SYSTEM) 1. EA $ 25,730.00 $ 25,730.00 TOTAL CHANGE ORDER #1 DECREASE $ 30,425.00. F:1Public Wor161ENGINEERING DMSION PROJECTS11302-IR Sled Resurfacing (SCOP) US1 to 17th ShAdmim\Change Orders\Change Order No 1 Description of Itemized Changes Page 1 SECTION 00622 - Contractor's Application for Payment Indian River Boulevard Resurfacing (US 1 to 17th Street) Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From. (CONTRACTOR) Bid No.: 2014009 Project No.: 1302 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; Page 2of6 2. Updated Construction Schedule per Specification Section 01310, and 00622 Contractors Application for Payment - 03-10 rev.doc 00622 - 1 F:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Dated By: STATE OF FLORIDA COUNTY OF INDIAN RIVER (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor s Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of , 20 is personally known to me or has produced as identification. (SEAL) NOTARY PUBLIC: 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00622 - Contractors Application for Payment - 03-10 rev.doc Rev. 05/01 S URETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Page 3 of 6 ,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: S ecretary Corporate Surety S TATE OF FLORIDA COUNTY OF INDIAN RIVER Business Address BY* Print Name. Title: (Affix Corporate SEAL) 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid 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, matenalmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, matenalmen 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmim\bid documents\00622 - Contractors 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:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St Admim\bid documents\00622 - Contractors Application for Payment - 03-10 rev.doc Rev. 05/01 TOTAL I 0.00 I $OAO $0.00 50.00 50.00 V3 Eel Vi V) L. QUANTITY p O N 4-4 L esN BAI To MATERIALS STORED < I- 0.00 •, i•-' N I-If^,yx L N O 0 U _ C v) Y Z C p Hi O u i L C <� v) O o O C �DCa QUANTITY TOTAL 0.00 AMOUNT COMPLETED T MATERIALS STORED TO SUB -TOTAL MATERIALS DATE RETAINAGE AT 10% TOTAL COMPLETED AN LESS PREVIOUS PAYME? AMOUNT DUE CONfRAC OJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bic ple.doc QUANTITY TOTAL 0.00 Unit Price I Amount I QUANTITY TOTAL `. O O O a„ a MI O O O O SUBTOTAL TOTAL Description I Unit I Quantity SUBTOTAL FORCE ACCOUNT 1 LS GRAND TOTAL Item No. SECTION 00630 - Certificate of Substantial Completion D ate of Issuance: , 20 OWNER: Indian River County CONTRACTOR: P roject No.:1302 P roject: Indian River Boulevard Resurfacing (US 1 to 17th Street) OWNER's Bid No. 2014009 (Insert Name of Contract as it appears in the Bid Documents) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To• OWNER And Tom 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 PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmim\bid documents\00630 - Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in . accordance with the Contract Documents. Executed by ENGINEER on: (Date). ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER* INDIAN RIVER COUNTY By: (Authorized Signature) **END OF SECTION** 00630 - Certificate of Substantial Completion REV 04-07.doc 00630 - 2 F:1Public Works1ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th ShAdmim\bid documents100630 - 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) P ROJECT NAME: Indian River Boulevard Resurfacing (US 1 to 17th Street) IRC PROJECT NO: 1302 S TATE OF COUNTY OF P ersonally_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: N ame 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. CONTRACTOR has reviewed the Work for compliance with the Contract D ocuments 3. CONTRACTOR has completed the Work in accordance with the Contract D ocuments 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid 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 120 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 00632-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00632 - Contractors Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME: Indian River Boulevard Resurfacing (US 1 to 17th Street) INDIAN RIVER COUNTY PROJECT # 1302 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] CERTIFIED BY• (SURVEYOR'S SEAL) 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07.doc Rev. 06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ®1996 National Society of Professional Engineers 1420 King Street Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 5 1.01 Defined Terms 5 1.02 Terminology 7 ARTICLE 2 - PRELIMINARY MATTERS 8 2.01 Debvery of Bonds 8 2.02 Copies of Documents 8 2.03 Commencement of Contract Times, Notice to Proceed 8 2.04 Starting the Work 8 2.05 Before Starting Construction 8 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 9 3.01 Intent 9 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 10 3.05 Reuse of Documents 10 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 11 4.04 Underground Facilities 12 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 - BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 15 5.04 CONTRACTOR's Liability Insurance 15 5.05 OWNER's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 18 5.09 Acceptance of Bonds and Insurance; Option to Replace 18 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor; Working Hours 18 6.03 Services, Materials, and Equipment 19 6.04 Progress Schedule 19 6.05 Substitutes and "Or -Equals" 19 6.07 Patent Fees and Royalties 21 00700 - General Conditions REV 5-10-13.doc 00700 - 2 F:\Public \\'orks\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents \00700 - General Conditions REV 5-10-13.doc 6.08 Permits 22 6.09 Laws and Regulations 22 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 24 6.17 Shop Drawings and Samples 24 6.18 Continuing the Work 25 6.19 CONTRACTOR s General Warranty and Guarantee 25 6.20 Indemnification 25 ARTICLE 7 - OTHER WORK 26 7.01 Related Work at Site 26 7.02 Coordination 27 ARTICLE 8 - OWNER'S RESPONSIBILITIES 27 8.01 Communications to Contractor 27 8.02 Replacement of ENGINEER 27 8.03 Furnish Data 27 8.04 Pay Promptly When Due 27 8.05 Lands and Easements; Reports and Tests 27 8.06 Insurance 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 28 8.11 Evidence of Financial Arrangements 28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 28 9.01 OWNER'S Representative 28 9.02 Visits to Site 28 9.03 Project Representative 28 9.04 Clarifications and Interpretations 28 9.05 Authorized Variations in Work 28 9.06 Rejecting Defective Work 29 9.07 Shop Drawings, Change Orders and Payments 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 29 9.10 Limitations on ENGINEER's Authority and Responsibilities 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 30 10.01 Authorized Changes in the Work 30 10.02 Unauthorized Changes in the Work 30 10.03 Execution of Change Orders 30 10.04 Notification to Surety 30 10.05 Claims and Disputes 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 31 11.01 Cost of the Work 31 11.02 Cash Allowances 33 11.03 Unit Price Work 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 34 00700 - General Conditions REV 5-I0-13.doc 00700 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS \130? -IR Blvd Resurfacing (SCOP) USI to 17th SAAdmim\bid documents\00700 - General Conditions REV 5-10-13.doc 12.01 Change of Contract Price 34 12.02 Change of Contract Times 35 12.03 Delays Beyond CONTRACTOR's Control 35 12.04 Delays Within CONTRACTOR's Control 35 12.06 Delay Damages 35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 35 13.01 Notice of Defects 35 13.02 Access to Work 35 13.03 Tests and Inspections 35 13.04 Uncovering Work 36 13.05 OWNER May Stop the Work 36 13.06 Correction or Removal of Defective Work 37 13.07 Correction Period 37 13.08 Acceptance of Defective Work 37 13.09 OWNER May Correct Defective Work 37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 38 14.01 Schedule of Values • 38 14.02 Progress Payments 38 14.03 CONTRACTOR's Warranty of Title 40 14.04 Substantial Completion 40 14.05 Partial Utilization 40 14.06 Final Inspection 41 14.07 Final Payment 41 14.08 Final Completion Delayed .41 14.09 Waiver of Claims 42 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 42 15.01 OWNER May Suspend Work 42 15.02 OWNER May Terminate for Cause 42 15.03 OWNER May Terminate For Convenience 43 15.04 CONTRACTOR May Stop Work or Terminate 43 ARTICLE 16 - DISPUTE RESOLUTION 43 16.01 Methods and Procedures 43 ARTICLE 17 - MISCELLANEOUS 44 17.01 Giving Notice 44 17.02 Computation of Times 44 17.03 Cumulative Remedies 44 17.04 Survival of Obligations 44 17.05 Controlling Law 44 00700 - General Conditions REV 5-10-13.doc 00700 - 4 F:\Public \Vorks\ENGINEERING DIVISION PROJECTS \I302 -IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents\00700 - General Conditions REV 5-t0-13.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents 2. Agreement—The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment—The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers Into the air above current action levels established by the United States Occupa- tional Safety and Health Administration. 5. Bid—The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds Performance and payment bonds and other instruments of security. 9. Change Order --A document recommend ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations or agreements, whether written or oral. 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's B id (including documentation accompanying the Bid and any post Bid documentation submitted prior to the N otice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve S ubstantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by E NGINEER's written recommendation of final pay- ment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.01.A for definition. 00700 - General Conditions REV 5-I0-13.doc 00700 - F:\Public Works \ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) USI to 17th St\4dmim\bid documents\00700 - General Conditions REV 5-10-13.doc 17. Drawings --That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent and character of the Work to be performed by CONTRACTOR Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18 Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19 ENGINEER --The individual or entity n amed as such in the Agreement. 20. ENGINEER's Consultant An individual or e ntity having a contract with ENGINEE rnish services as ENGINEER's ind-•- sent professional associate or consult_ • vy respect to the Project and who is - - ied as such in the Supplementary 21. Field Order -A written order issued by E NGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements Sections of D ivision 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, H azardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time 25. Laws and Regulations; Laws or Regulat- ions --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens Charges, security interests, or e ncumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- tion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that u pon timely compliance by the apparent successful bidder with the• conditions precedent listed therein OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and o n which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has e ntered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a 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. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil o r any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other n on -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material—Source, special n uclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which 00700 - Gene al Conditions REV 5-10-13.doc 00700 - 6 F:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc establish the standards by which such portion of the Work will be judged. 39. Shop Drawings--AII drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications—That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor—An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and 'substantially completed' as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor materialman, or vendor having a direct contract with CONTRACTOR or with any S ubcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any S ubcontractor. 46. Underground Facilities—All underground pipelines conduits, ducts, cables, wires, manholes vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction o r the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation -necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any on the Contract Price o r Contract Times. 50. Written Amendment—A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the n onengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved,' or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper,' "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- 00700 - General Conditions REV 5-10 13.doc 00700 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents \00700 - General Conditions REV 5-10-13.doc NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work,' refers to Work that is u nsatisfactory, faulty, or deficient in that it does n ot conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or Site (or some other specified location) ready for Gencilfien, 2. The word "install," when used in connection with services materials, or cquipmcnt, shall m an to put into use or place 4n final position said services materials or u se 3. The words "perform" or "provide," when used in connection with services, and install said services materials, or equipment complete and ready for intended use, 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide' is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- 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 ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run 2.05 Before Starting Construction A. CONTRACTOR s Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 00700 General Conditions REV 5 10-13.doc 00700 - 8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\00700 - General Conditions REV 5-10-13.doc thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work a the Site is started, CONTRACTOR and OWNE all each deliver to the other, with cop -: o each additional insured identified in tupplementary Conditions, certificates of urance (and other evidence of insurance ich either of them or any additional insure may reasonably request) which CONTRA and OWNER respectively are re . to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times rt to run, but before any Work at the Site i - arted, a conference attended by CONTRACT* tm ENGINEER, and others as appropriate wil held to establish a working understanding - - ong the parties as to the Work and to disc . - e schedules referred to in para- graph 2.05.:, .rocedures for handling Shop Drawings and er submittals, processing Applications for 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- NEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER asto form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part there of) to be constructed in accordance with the Contract Documents. Any labor, documentation, services materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. 00700 General Conditions REV 5-10-13.doc 00700 - 9 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents100700 - General Conditions REV 5-10-13.doc C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions manuals, or codes of any technical society, organization, or association, or to Laws o r Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of B ids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employ- ees from those set forth in the Contract D ocuments, nor shall any such provision or instruction be effective to assign to OWNER, E NGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to u ndertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, e rror, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual o r .code, or of any instruction of any Supplier CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict. error, ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in o ne or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; o r (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including e lectronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any 00700 - General Conditions REV 5-10-13.doc 00700 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment completion and acceptance of the Work or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will o btain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price o r Contract Times or both as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands u pon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or .filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: 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 Contract Documents; and 2 those drawings of physical conditions in or relating to existing surface or 00700 F:\Public Works \ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data' is identified in the Supplementa ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data' or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the 00700 - General Conditions REV 5-10-13.doc - I 1 to 17th St\Admim\bid documents00700 - General Conditions REV 5-10-13.doc subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4 03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11 03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as re- quired by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs losses, or damages (including but not limited to all fees and charges of engineers architects attorneys and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a. reviewing and checking all such information and data, b. Iocating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions REV 5-10-13.doc 00700 - 12 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StV\dmim\bid documents\00700 - General Conditions REV 5-10-13.doc S ite which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6 16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGI- N EER. ENGINEER will promptly review the U nderground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any U nderground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER s judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or 00700 - 13 property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous E nvironmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely u pon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. S uch "technical data" is identified in the S upplementary Conditions. Except for such reliance o n such "technical data," CONTRACTOR may not rely u pon or make any Claim against OWNER, E NGINEER or any of ENGINEER's Consultants with respect to: 1 the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions . and programs incident thereto; or 2. other data interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of o r conclusion drawn from any "technical data" o r any such other data, interpretations opinions o r information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a H azardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, S ubcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous E nvironmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in 00700 - General Conditions REV 5-10-13.doc F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents \00700 - General Conditions REV 5-10-13.doc connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in writing) OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related. thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or o n the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions u nder which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F If after receipt of such written notice CONTRACTOR does not agree to resume such Work 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 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 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 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. 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 them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (() was not shown or indicated in the Drawings or Specifications o r identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created 00700 - • F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual s or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a H azardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous E nvironmental Condition uncovered or revealed at the S ite. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall furnish performa and payment Bonds each in an amount at le equal to the Contract Price as security for the ful perfor mance and payment of all • •NTRACTOR's obligations under the Contra Documents. These Bonds shall remain in ct at least until one year after the date wh- final payment becomes due, except as prov c d otherwise by Laws or Regulations nish such other Bonds as arc required by the B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of Com- panies Holding Certificates of Authority as Acceptable S ureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service S urety Bond Branch, U.S. Department of the Treasury All Bonds signed by an agent must be 00700 - General Conditions REV 5-10-13.doc 14 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent o r its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.6 and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed o r authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain. to each additional insured identified in the Supple mentary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRAC TOR or any other additional ensured) which OWNER is required to purchase and maintain 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise o ut of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations u nder the Contract Documents, whether it is to be per- formed by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease o r death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease or death of any person other than CONTRACTOR's e mployees; 4.. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located including loss of use resulting therefrom and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER ENGINEER, ENGINEER's Consultants, and any other individuals or e ntities 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, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 00700 - General Conditions REV 5-10-13.doc 00700 - 15 F:\Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of e ngineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in o btaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of u tility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR s compli- ance with any Laws or Regulations B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs losses, and damages (including but not limited to all fees and charges of engineers, architects attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations but this shall not relieve CONTRACTOR of CONTRACTOR's o bligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consum- er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during, the performance of the Work. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas A Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2.. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER, ENGINEER's Consultant, and the officers directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 00700 - General Conditions REV 5-10 13.doc 00700 - 22 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th ShAdmim\bid documents\00700 - General Conditions REV 5-10-13.doc 4. include contractual liability insurance • covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6 20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary. Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required t+ be provided by CONTRACTOR under par - p 5.04, OWNER, at OWNER's option - -y purchase and maintain at OWNER's - se OWNER's own liability insurance as protect OWNER against claims which]� v arise from operations under the Contract uments. 5.06 Property Insurance A. Unlecc otherwise provided in the Supple mentary Conditions, OWNER shall purchase and • • • .• • • provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1 include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, individuals or entitles identified in the directors, partners, employees, agents and and any of them, each of whom is deemed to have an insurable interest and shall be -listed as an additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of los✓ policy st include insurance for physical loss or damage to the Work, tempo rary buildings, false work, and materials and equipment in transit, and shall insure against -at ast the following perils or causes of Ions: fire lightning,extended coverage, theft, vandalism debris removal, demolition occasioned by cn forcement of Laws and Regulations, water damage, and such other perils or causes of Supplementary Conditions; 3. include expenses incurred in the a di • - go • e a vs I ENGINEER; • :_.••••11 •_ • • ••a• ___ •••... - 5. allow for partial utilization of the Work by OWNER 6. include testing and startup, and 7. be maintained in effect until final pay wntmg by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each 8. OWNER shall purchase and maintain such insurance as may be required by the Supplementary the interests f OWNER, CONTRACTOR, tants, and any other individuals or entities identified in 00700 - General Conditions REV 5-10-13.doc 00701) - 16 F:\Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents \00700 - General Conditions REV 5-10-13.doc deemed to have an insurable interest and shall be C. All the policies of insurance (and the certifi Dates or other evidence thereof) required to be pur WO a 5.06 will contain a provision or endorsement that thc coverage afforded will not be canceled or materially written notice has been given to OWNER and CON TRACTOR and to each other additional insured to paragca p14 -54z D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that fro OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRAC TOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at TOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul- tants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants • losses and damages caused by the perils or causes of los covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any Toss or damage the insurers will have no rights of waive all rights against each other and thei r respective officers, directors, partners, employees, agents, and other consultants and subcontractors of perils or causes of loss covered by such policies and and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER'G Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed • • • them) under such policies for losses and damages so trustee or otherwise payable under any policy :o issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, • • 1. Toss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loes or damage to whether or not insured by OWNER; and 2. Toss or damage to the completed Pro ject or part thereof caused by, arising out of, or cause of Toss covered by any property or part thereof by OWNER during partial utilization pursuant to paragraph 11.05, after 11.04, or after final payment pursuant to pacag-Fajah-lA-0.7 C. Any insurance policy maintained by OWNER covering any loss, damage or consequential los., referred to in paragraph 5.07.B shall contain any such loss, damage, or consequential Toss, thc insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants 00700 - General Conditions REV 5-10-13.doc 00700 - 17 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th SOAdmim\bid documents100700 - General Conditions REV 5-10-13.doc 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may • • other special agreement is reached, the damaged received applied on account thereof, and the Work and thc cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with thc insurers unless one of the parties in interest shall object in writing within 15 WI' IMF ., - • parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle thc Toss with the insurers and, if required in writing by any party in proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provi sions of the Bonds or insurance required to be dance with Article 5 on the basis of non conformance with the Contract Documents, the objecting party shall receipt of the certificates (or other evidence requested). required by paragraph 2.05.C. OWNER provided as the other may reasonably request. If quired of such party by the party in writing of such failure to purchase prior to the any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14 05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- 00700 - General Conditions REV 5-10-13.doc 00700 - 18 F:1Public Works \ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\00700 - General Conditions REV 5-10-13.doc ments CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re= quirements CONTRACTOR shall provide and assume full responsibility for all services, materials equipment, labor, transportation, construction equipment and machinery, tools appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accor- dance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or -Equal" Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an 'or -equal" item in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05 A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that (1) it is at least equal in quality, durability appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER and (i1) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 00700 - General Conditions REV 5-10-13.doc 00700 - 19 F:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmim\bid documents100700 - General Conditions REV 5-10-13.doc Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6 05.A.2.d as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by, the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substi- tute item in connection with the Work is sub- ject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change all of which will be considered by ENGINEER in evaluating the proposed substitute item ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B . Substitute Construction Methods or Proce- dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means method, technique, sequence or procedure of construction approved by ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6 05 A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs 6 05.A and 6.05 B. ENGINEER will be the sole judge of acceptability. No ' or -equal' or substitute will be ordered installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal ENGINEER will advise CONTRACTOR in writing of any negative determination. D . Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6 05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER s Consultants for evaluating each such proposed substitute. F. CONTRACTORs Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 00700 - General Conditions REV 5-10-13.doc 00700 - 20 F_1Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th SMdmim\bid documents\00700 - General Conditions REV 5-10-13.doc 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.6), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- able objection B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable o bjection after due investigation CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or e ntity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C: CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors Suppliers, and other individuals or e ntities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other individual o r entity any contractual relationship between OWNER o r ENGINEER and any such Subcontractor, Supplier o r other individual or entity, nor shall it create any o bligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or e ntity except as may otherwise be required by Laws and Regulations. D CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- n icate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among S ubcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a S ubcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor o r Supplier will contain provisions whereby the S ubcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by ansing o ut of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design process, product, o r device which is the subject of patent rights or copyrights held by others. If a particular invention, design process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, 00700 General Conditions REV 5-10-13.doc 00700 - 21 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc arbitration or other dispute resolution costs) arising out of or relating to any claim or action legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris Removal and disposal of such waste materi- als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- N EER for reference. Upon completion of the Work, these record documents, Samples, and Shop D rawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all _ necessary precautions for the safety of, and shall provide the necessary protection to prevent damage injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work -may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications o r to the acts or omissions of OWNER or ENGINEER o r ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 00700 - General Conditions REV 5-10-13.doc 00700 - 23 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmimlbid documents\00700 - General Conditions REV 5-10-13.doc 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be- tween or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change D irective or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as E NGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- N EER to review the submittal for the limited purposes required by paragraph 6 17 E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop D rawings and Sample submittals acceptable to ENGI- N EER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop D rawing or Sample with other Shop D rawings and Samples and with the requirements of the Work and the Contract Documents 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation E ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ar 00 - General Conditions REV 5-10-13.doc 00700 - 24 F:\Public Works\ENGINEERING DIVISION PROJECTS\7302-IR Blvd Resurfacing (SCOP) US1 to 1 7th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques sequences, . or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- N EER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop D rawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. Resubmittal Procedures 1. CONTRACTOR shall make correc tions required by ENGINEER and shall return the required number of corrected copies of S hop Drawings and submit as required new Samples for review and approval CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements except as permitted by paragraph 15 04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: • 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1, observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 00700 - General Conditions REV 5-10-13.doc 00700 - 25 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, e mployees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of e ngineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, or any individual or e ntity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable the indemnification e bligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen sation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, e mployees, agents and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and 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 Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 00700 - General Conditions REV 5-10-13.doc 00700 - 26 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable. objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to 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 copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents 00700 - General Conditions REV 5-10-13.doc 00700 - 27 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents \00700 - General Conditions REV 5-10-13.doc . 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- tion as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine in general, if the Work is proceeding in accordance with the Con- tract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation during or as a result of ENGINEER's visits or observations of CONTRACTOR s Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- N EER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident P roject Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the S upplementary Conditions 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, 00700 General Conditions REV 5-10-13.doc 00700 - 28 F:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc a Claim may be made therefor as provided in paragraph 10.05 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabncated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6 17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision B. When functioning as interpreter and judge u nder this paragraph 9 09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this 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 as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the u ndertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose, o r give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, o r have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws. and Regulations applicable to the performance of the Work ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual o r entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions schedules guarantees, Bonds, certificates of inspection tests and approvals, and other documentation required to be delivered by paragraph 14.07 A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of 00700 - General Conditions REV 5-10-13.doc 00700 - 29 F:\Public Works\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) USI to 170h StWdmim\bid documents\00700 - General Conditions REV 5-10-13.doc inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E The limitations upon authority and responsibil- ity set forth in this paragraph 9 10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10 01 Al (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10 05; provided that in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 00700 General Conditions REV S-10-13.doc 00700 - 30 F:\Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be 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 to submit additional or more accurate data in support 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. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accom- panied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party if any. ENGINEER's written decision on such Claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if . no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. 00700 - 31 E:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmimtbld documents100700 - General Conditions REV 5-10-13.doc C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred. and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the perfor classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, Site. Payroll costs for employees not employed full time on the Work shall be apportioned on salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 00700 - General Conditions REV 5-10-13.doc 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER which bids, if any will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this para- graph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses. of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. c. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading unloading, assembly, dismantling, and removal thereof All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer n ecessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other • than n egligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly e mployed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the. deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee g. The cost of utilities, fuel, and sanitary facilities at the Site. h Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all 00700 - General Conditions REV 5-10-13.doc 00700 - 32 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St1Admim\bid documents100700 - General Conditions REV 5-10-13.doc Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items. 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, princi- pals (of partnerships and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11 01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's princi- pal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR s capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, .disposal of materials or equipment wrongly supplied, and making good any damage to property 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11 01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices ' and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work initially the Contract Price will be deemed to include for all U nit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit P rice Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison of B ids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications of U nit Pnce Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 00700 - General Conditions REV 5-10-13.doc 00700 - 33 F:\Public Works\ENGINEERING DIVISION PROJECTS 11302 -IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\00700 - General Conditions REV 5-10-13.doc quate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- graph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- e red by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.0.2); or 3. where the Work involved is not cov- e red by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11 01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.0). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such S ubcontractor under paragraphs 11.01.A.1 and 11:01.A.2 and that any higher tier S ubcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A 4, 11 01.A.5 and 11.01.B; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.0 2.e, inclusive. 00700 - General Conditions REV 5-10-13.doc 00700 - 34 F.\Public WorkstENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmim\bid documents\00700 - General Conditions REV 5-10-13.doc 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from 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 limited to acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by . Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- TOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension. of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from. 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 00700 - General Conditions REV 5-10-:3.doc 00700 - 35 F 1Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with paragraph 13.04 B shall be paid as provided in 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspec tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncov- ered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must if requested by ENGI- NEER be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such 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 others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR such a way that the completed Work will conform to until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall any Subcontractor, any Supplier, any other individual any of them. 00700 - General Conditions REV 5-10-13.doc 00700 - 36 F:\Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents100700 - General Conditions REV 5-10-13.doc 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGI- NEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of thc Contract Documents, any Work is found to bc OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to bc to OWNER and in accordance with OWNER's written (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to thc from. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. item of equipment is placed in continuous service before Substantial Completion of all the Work, thc 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 Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06 A, or if CONTRACTOR fails to perform rthe Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. 00700 - General Conditions REV 5-10-13.doc 00700 - 37 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StW,dmim\bid documents\00700 - General Conditions REV 5-10-13.doc B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not. limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed • or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provid- ed in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month) CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing E NGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for P ayment will constitute a representation by E NGINEER' to OWNER, based on 00700 - General Conditions REV 5-10-13.doc 00700 - 38 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation) and c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that (i) inspec- tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4 Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR s performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13 09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enurner °tad in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of tho Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of paragraph 11.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific 00700 - General Conditions REV 5-10-13.doc 00700 - 39 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid oocuments\00700 - General Conditions REV 5• I0-13.doc Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02 B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld OWNER shall promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any considering such objections, ENGINEER concludes that the Work is not substantially complete, E NGINEER will within 11 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, E NGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive • VP a _ _ 1 1 PP -- — — • _ • e a 11 • VP VI • • • •• — a Ma Ara a• TOR a written recommend responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in wnting prior to ENGINEER's binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of S ubstantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER 00700 - General Conditions REV 5-10 13.doc 00700 - 40 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvo Resurfacing (SCOP) US1 to 17th StWdmlm'o d documents 00700 - General Conditions REV 5-10-13.doc believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete ENGINEER will notify OWNER and CONTRACTOR "in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5 04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) .of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled ENGINEER will, within ten days after receipt of the final Application for Payment indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09 Otherwise, ENGINEER will return the Application for Payment to 00700 - General Conditions REV 5-10-13.doc • 00700 - 41 F:\Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th StVAomim\bid documents\00700 - General Conditions REV 5-10-13.doc CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to accompanying documentation, the amount recommended by ENGINEER will become due CONTRACTOR. 14.08 Final Completion Delayed A If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion .of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work 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 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 fixed. a Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor 9. 9_ 15.02 OWNER May Terminate for Cause A The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR 00700 - General Conditions REV 5-10-13.doc 00700 - 42 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER, incorporated in a Change Order When exercising any nghts or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items). 1. for completed and acceptable Work executed in accordance with the Contract 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 services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors, Suppliers, and others and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising odt of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CON , then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700 - General Conditions REV 5-10-13.doc 00700 - 43 F:\PubI'c Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00700 - General Conditions REV 5-10-13.doc ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or . Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. • 00700 General Conditions REV 5-10-13 doc 00700 - 44 FtPublic Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US 1 to 17th St\Admim\bid documents\ 00700 - General Conditions REV 5-10-13.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC - 1.00 D efined Terms SC —1.01 Terminology SC — 1.02 B efore Starting Construction SC —2.05 P reconstruction Conference SC — 2.06 Coordination of Plans, Specifications, and Special Provisions SC — 3.06 S ubsurface 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 P roperty 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 Concerning Subcontractors, Suppliers, and Others SC — 6.06 Permits SC 6.08 Cost of the Work SC — 11.01 Test and Inspections SC — 13.03 OWNER May Stop Work SC — 13.05 Correction Period SC — 13.07 P rogress Payments SC — 14.02 Final Payment SC — 14.07 00800-i 00800 - Supplementary Conditions 05-13 rev.doc 00800 IF:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents100800 - Supplementary Conditions 05-13 rev.doc OWNER May Suspend Work SC — 15.01 OWNER May Terminate For Cause SC — 15.02 CONTRACTOR May Stop Work or Terminate SC — 15.04 Mediation SC —16.02 Liens SC — 17.06 00800 -ii 00800 - Supplementary Conditions 05-13 rev.doc 00800 IIF:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00800 - Supplementary Conditions 05-13 rev.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS S C -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 S ocuments 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. S C -1.01 Defined Terms S C -1.01.A.20. Delete paragraph GC 1.01.A.20 in its entirety. S C -1.02 Terminology S C -1.02.D.1, 2, and 3 Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install" shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide' shall mean to furnish and install services, materials, or equipment complete and ready for intended use. S C -2.05 Before Starting Construction S C -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. S C -2.06 Preconstruction Conference S C -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 Project Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05.B, procedures 00800-1 00800 - Supplementary Conditions 05-13 rev.doc 00800 1 F:\Public Works ENGINEERING DIVISION PROJECTS\1 302 -IR Blvd Resurfacing (SCOP) US1 to 17th SMdmim\bid documents\00800 - Supplementary Conditions 05-13 rev.doc 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. B. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A lasting of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation Benefits Actual Retirement Benefits Actual Workers Compensation Rates based on the Compensation Insurance adjusted by Contractor's modification factor additional work National Council on basic rates tables actual experience in effect at the time of the or unforeseen work Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). 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. Written/computed dimensions shall govern over scaled dimensions. 00800-2 00800 - Supplementary Conditions 05-13 rev.doc 00800 2F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th SiWdmim\bid documents\00800 - Supplementary Conditions 05-13 rev.doc S C -4.02 Subsurface and Physical Conditions S C -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: NA D. Reports and drawings itemized in SC -4.02.0 are not included with the Bidding D ocuments. Copies may be examined at Indian River County Administration B uilding, Public Works, 1801 27th Street, Vero Beach, FL 32960 during regular business hours. These reports and drawings are not part of the Contract D ocuments. S C -5.01 Performance, Payment and Other Bonds S C -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: S C -5.03 S C -5.03 S C -5.04 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier s check irrevocable letter of credit or a security as listed in Part II of F S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required The determination of the value of an alternative form of security shall be made by the OWNER 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER 3. The OWNER 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. Certificates of Insurance Delete the second sentence pf paragraph GC -5.03 in its entirety. CONTRACTOR's Liability Insurance S C -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 Tess 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 00800-3 00800 - Supplementary Conditions 05-13 rev.doc 00800 3F:\Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00800 - Supplementary Conditions 05-13 rev.doc 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 c. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6.20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best s Rating D. Additional lnsureds: 1. In addition to "Indian River County, Florida," the following individuals or entities shall be listed as "additional insureds' on the CONTRACTOR's liability insurance policies: a. NONE b. 00800-4 00800 - Supplementary Conditions 05-13 rev.doc 00800 4F: Public Works1ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmimlbid documents 100800 - Supplementary Conditions 05-13 rev.doc S C -5.05 OWNER's Liability Insurance S C -5.05 Delete paragraph GC -5.05.A in its entirety. S C -5.06 Property Insurance S C -5.06 Delete paragraphs GC -5.06.A, 8, and C in their entirety and insert the following paragraphs in their p/ace: 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, E NGINEER's Consultants and any other individuals or entities identified in the S upplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; • 2. be written on a Builder's Risk 'All Risk" or open peril or special causes of Toss 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 Toss 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); 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 P ayment 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: 00800-5 00800 - Supplementary Conditions 05-13 rev.doc 00800 5F:\Public Works\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents \00800 - Supplementary Conditions 05-13 rev.doc 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. S C -5.07 Waiver of Rights S C -5.07 Delete GC -507 (paragraphs A, B, and C) in its entirety. S C -5.08 Receipt and Application of Insurance Proceeds S C -5.08 Delete GC -5.08 (paragraphs A and 8) in its entirety. S C -5.09 Delete GC-5.09(paragraph A)in its entirety. S C -6.02 Labor; Working Hours S C -6.02.B. Add the following paragraphs immediately after paragraph GC -6.02.B: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will n ot 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 e mergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the. CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of e mergency 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. 00800-6 00800 - Supplementary Conditions 05-13 rev.doc 00800 6F:\Public Works ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00800 - Supplementary Conditions 05-13 rev.doc S C -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. S C -11.01 Cost of the Work S C -11.01.A.1. Delete paragraph GC -11.01.A.1 in its entirety, and insert the following sentences in its place: 1. CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC -2.06.B) for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER S C -13.03 Test and Inspections S C -13.03.B. Delete paragraph GC -13.03.8 in its entirety, and insert the following sentences in its place: S . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred iri connection with tests or inspections conducted pursuant to paragraph 13 04.B shall be paid as provided in said paragraph 13.04.B; 3. tests otherwise specifically provided in the Contract Documents 00800-7 00800 - Supplementary Conditions 05-13 rev.doc 00800 7F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Hdmim\bid documents\00800 - Supplementary Conditions 05-13 rev.doc SC -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. SC -13.07 Correction Period SC -13.07 A. Delete the first sentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work to the work of others or other land or areas resulting therefrom. SC -13.07 B. Delete paragraph GC -13.07.8 in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continu- ous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 14.02 Progress Payments SC -14.02.6.5. Delete paragraph GC -14.02.6.5.d in its entirety and insert the following paragraph in its place: d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 02.A; or 00800-8 00800 - Supplementary Conditions 05-13 rev.doc 00800 8f:\Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th SVtAdmim\bid documents100800 - Supplementary Conditions 05-13 rev.doc SC -14.02.6.5. Add the following sentences at the end of paragraph GC -14.02.8.5: e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC -14.02.C.1. Delete paragraph GC -14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. 'SC -14.04A. After the third sentence in paragraph GC -14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208 735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptableunder this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC -14.04B Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat utilities, insurance, and warranties and guarantees 00800-9 00800 - Supplementary Conditions 05-13 rev.doc 00800 9F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00800 - Supplementary Conditions 05-13 rev.doc S C -14.07 Final Payment S C -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. S C -15.01 OWNER May Suspend Work S C -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. S C -15.02 OWNER May Terminate For Cause S C -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC -15.02.A.4: 5. CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. S C -15.04 CONTRACTOR May Stop Work or Terminate S C -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: S C -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be S C -16 DISPUTE RESOLUTION SC -16.02 Mediation S C -16 Add the following new paragraph immediately after paragraph GC -16.01. SC -16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to 00800-10 00800 - Supplementary Conditions 05-13 rev.doc 00800 10F1Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00800 - Supplementary Conditions 05-13 rev.doc mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC -17 Miscellaneous Add the following new paragraphs immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant s liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified. in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub - subcontract hereunder. The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01 Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ 00800-11 00800 - Supplementary Conditions 05-13 rev.doc 00800 11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents100800 - Supplementary Conditions 05-13 rev.doc SECTION 00942 - Change Order Form No DATE OF ISSUANCE: EFFECTIVE DATE OWNER: Indian River County CONTRACTOR B id No. 2014009 P roject. Indian River Boulevard Resurfacing (US 1 to 17th Street) OWNER's Project No. 1302 Engineer: Indian River County You are directed to make the following changes in the Contract Documents: D escription: Reason for Change Order: Attachments: (List documents supporting change) 00942 - 1 F:\Public Works\ ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents\00942 - Change Order Form REV 04-07.doc Rev 05/01 CHANGE IN CONTRACT PRICE: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Amount Original Contract Price $ (days or dates) Net Increase previous (Decrease) from Change Orders No. to . $ (days) Contract Price prior to this Change Order: $ Contract Time prior to this Change Order: Substantial Completion: Final Completion: Net increase(decrease) this ease) of Change Order: $ Net increase (decrease) this Change Order: Substantial Completion: Final Completion: Contract Price with all approved Change Orders: $ Contract Time with all approved Change Orders: Substantial Completion: Final Completion: 00942 - 1 F:\Public Works\ ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents\00942 - Change Order Form REV 04-07.doc Rev 05/01 ACCEPTED By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES 00942 - 1 F:\Public Works\ ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents\00942 - Change Order Form REV 04-07.doc Rev 05/01 RECOMMENDED: By: CHANGE IN CONTRACT TIMES Description Time Original Contract Time. Substantial Completion: Final Completion: (days or dates) Net change from previous Change Orders No. to : (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) 00942 - 1 F:\Public Works\ ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents\00942 - Change Order Form REV 04-07.doc Rev 05/01 RECOMMENDED: By: ENGINEER (Signature) Date: 00942 - 1 F:\Public Works\ ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents\00942 - Change Order Form REV 04-07.doc Rev 05/01 00942 - Change Order Form REV 04-07.doc APPROVED* By: OWNER (Signature) Date: 00942 - Change Order Form REV 04-07.doc SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE: EFFECTIVE DATE OWNER Indian River County CONTRACTOR B id No.: 2013009 P roject Indian River Boulevard Resurfacing (US 1 to 17th Street) OWNER's Project No. 1302 E NGINEERGIndian River County Field Activity Description: Reason for Change: Recommended Disposition: Field Operations Officer / Engineer (Signature) Date D isposition: 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00946 - Field Order Form REV 04-07.doc SECTION 00948 - Work Change Directive No. DATE OF ISSUANCE* EFFECTIVE DATE OWNER: Indian River County CONTRACTOR: P roject: Indian River Boulevard Resurfacing (US 1 to 17th Street) P roject No.: 1302 B id No.: 2014009 Engineer: Indian River County You are directed to proceed promptly with the following changes: D escription: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices Contract Times II Unit Prices ❑ Lump Sum ❑ Other: O By Change Order: ❑ Contractor's Records O Engineer's Records n Other: o By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive 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: B y: CONTRACTOR (Signature) D ate: RECOMMENDED: By: ENGINEER (Signature) Date: * END OF SECTION * * APPROVED* By: OWNER (Signature) Date: F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\00948 - Work Change Directive Rev 06-2013.doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO. S PECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 S ROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 S UBMITTAL 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 S TORAGE OF MATERIAL AND EQUIPMENT 01611 S UBSTITUTIONS 01630 S ITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\DIVISION 1 GENERAL REQUIREMENTS.doc • SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and work such hours, including night shifts and overtime operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC -6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location 4550 41st Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR s expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of E nvironmental Protection, Army Corps of Engineers, Indian River Farms Water Control D istrict, 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 n ecessary 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 n otice before commencing construction operations outside the designated limits of the work site. 01009-1 01009 -Special Provisions F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01009 - Special Provisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1.1 PAYMENT A. Lump sum amount for force account work is Included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + 01024- 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th St\Admim\bid documents\01024 - Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. B . Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D . Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E Be solely responsible for all locations, dimensions and levels No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks and monuments. G. When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. 1050-1 01050 Field Engineering F:Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid 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's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. C. All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D. All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. 1.3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. ++END OF SECTION ++ • 1050-2 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th SttAdmim\bid documents\01050 - Field Engineering.doc SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI AGA AISC AISI ANSI ASCE ASTM AW PA AWWA AWS American Concrete Institute American Gas Association American Institute of Steel Construction American Iron and Steel Institute American National Standards Institute American Society of Civil Engineers American Society for Testing and Materials American Wood Preservers Association American Water Works Association American Welding Society FED SPEC Federal Specifications 01091-1 01091 Reference Standards F:\Public Works\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th St1Admim\bid documents\01091 - Reference Standards;doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection D NR Department of Natural Resources N CPI National Clay Pipe Institute N EMA National Electrical Manufacturers Association N EC National Electric Code N SPE National Society of Professional Engineers O SHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Flonda Department of Transportation U . L., Inc. Underwriter's Laboratories, Inc. S SPC Steel Structures Painting Council S JRWMD St. Johns River Water Management District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. ++END OF SECTION ++ 01091-2 01091 Reference Standards F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01215 General Quality.doc 1.5 PROJECT PHOTOGRAPHSNIDEOS 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. The video must be performed by a professional videographer. 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St1Admim\bid 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:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacng (SCOP) US1 to 17th SMdmim\bid documents\01220 - Progress Meetings.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports. This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. 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:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid 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:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01310 - Construction Schedule.doc 01340 - Submittal of Shop Drawings 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall conform to the requirements of Article 6.17 of the General Conditions, Section 00700, and as described in this Section. 1.2 SHOP DRAWINGS A. Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. S hop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract D rawings. 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. P roduct data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES S amples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. S amples are further defined in Article 6.17, Section 00700. 01340 - Submittal of Shop Drawings.doc 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents101340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES • A. The CONTRACTOR's responsibilities for submittal of shop drawings, product data and samples are set forth in paragraph 6.17 of the General Conditions and as further explained herein. B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents verify all dimensions and field conditions, and coordinate the shop drawings with the requirements for other related work. Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information .about materials and equipment for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for revision without review. C. The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals The CONTRACTOR shall approve the shop drawings based on his in -the -field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of submission, of deviations in submittals from the requirements of the Contract Documents. The CONTRACTOR s responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals, unless the ENGINEER gives written acceptance of specific deviations. B egin no work, which requires submittals until return of submittals with the E NGINEER's stamp and initials or signature indicating the submittal has been reviewed. 01340 _ Submittal of Shop Drawings.doc 01340-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01340 Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 • B A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNERS 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 013403 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents101340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: D ate Sent to County N o. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name: Indian River Boulevard Resurfacing (US 1 to 17th Street) P roject No.: 1302 ❑ Shop Drawing ❑ Cut Sheet ❑ Other D escription: S ub -Contractor: Remarks: * ********************************************************** Reviewing Agency: (As checked below) Date Received I R C Engineering Div. I R C Utilities Services Remarks: Date Returned No. Copies Ret'd * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRC Engineering Division 1801 27th Street Vero Beach, FI. 32960 Remarks: D ate Rec'd from Contractor D ate Ret'd to Contractor N o. Copies Ret'd Distribution of Copies: IRC Engineering Division Office File Field Office File 01340 Submittal of Shop Drawings.doc 01340-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01340 - Submittal of Shop Drawings.doc 01340 - Submittal of Shop Drawings E All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence n umbered consecutively. Identify resubmittals by the original submittal n umber followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of six (6) copies of all submittals that are on 11 -inch by 17 -inch or smaller sheets (no less than 8 1/2 -inch x 11 -inch), and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 -inch by 17 -inch. H . After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Corrected 3. Approved as Corrected - Resubmit 4. Revise and Resubmit 5. Not Approved If a submittal is acceptable, it will be marked "Approved" or "Approved as Corrected'. Three (3) prints or copies of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or 'Approved as Corrected", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K . If a Shop Drawing marked "Approved as Corrected" has extensive corrections or corrections affecting other drawings or Work, ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes Such drawings will have the notation, 'Approved as Corrected - Resubmit." L, If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. "Revise and Resubmit" 2. "Not Approved" 01340 Submittal of Shop Drawings.doc 01340-5 F:Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01340 - Submittal of Shop Drawings.doc 01340 - Submittal of Shop Drawings M. Upon return of a submittal marked "Revise and Resubmit", make the corrections indicated and repeat the initial approval procedure. The "Not Approved" notation is used to indicate material or equipment that is not acceptable. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. N. Any related Work performed or equipment installed without an "Approved" o r "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 e quipment 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 e quipment 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 S hop Drawings to CONTRACTOR. Q. Furnish required submittals with complete information and accuracy in o rder to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop D rawings, Samples or other items requiring approval, will be.back-charged to CONTRACTOR in accordance with the General Condition's and the S upplementary 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 u nless 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\01340 - Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. 01520-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd •Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER + + END OF SECTION + + 01520-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StkAdmim\bid documents\01520 - Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2 Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on. account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way, or public place, provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise, furnish and maintain at least one light at each barricade. Erect sufficient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR'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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01541 Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. B . Do not store or park materials or equipment within the drip line. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D . Fires shall not be permitted under or adjacent to trees and plants. E Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G . If branches or trunks are damaged, prune branches immediately and protect the cut o r damaged areas with emulsified asphalt compounded specifically for horticultural u se. 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 Indian River Boulevard 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:\Public Works\ENGINEERING DIVISION P ROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01541 Protection of P roperty.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 adjacent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities. shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have n ot been independently verified by the OWNER or the ENGINEER Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of e xisting 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 o r department affected and obtain their permission regarding the method to u se 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 n ecessary 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 appropnate 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 P ROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01541 - Protection of P roperty.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 facilities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the dam- aged 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:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid 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 o r 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 n ot 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 u tilities 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:\Public Works\ENGINEERING DIVISION P ROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01541 Protection of P roperty.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 \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents101550- Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange delivenes of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER 2. Limitations of storage space 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER D . Do not have products delivered to site until required storage facilities have been provided. E Have products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. 01610-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01610- Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. G. Immediately on delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protected and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. + + END OF SECTION + + 01610-2 F:\Public Works\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B Make all arrangements and provisions necessary for the storage of materials and equipment Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER D Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified. H . When appropriate store materials on wood blocking so there is no contact with the ground. + + END OF SECTION + + 01611-1 01611—Storage of Material F:\Public Works\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01611 Storage of Materials.doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and. Or -Equals ' of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B . For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent,' submit a request for a substitution for any product or manufacturer which is not specifically named. D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR B . Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 of General Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturers name and address. b. Manufacturers literature with product description, performance and test data, and reference standards. c. Samples, if appropriate d. Name and address of similar projects on which product was used, and date of installation. 01630-1 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents \01630 Substitutions.doc 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 anormal 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. 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 01630-2 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01630 - Substitutions.doc redesign shall be at the CONTRACTOR's expense. Any redesign will require an e xtensive 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 o ccasioned 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 e qual 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 \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\01630 - Substitutions.doc 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 (1" Avg.)— Per SquareYard SECTION — 334 - SUPERPAVE ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 337 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010). S ub article 334-8.1 through 334-8.3 — Basis of Payment shall be deleted in its entirety. S ub article 334-8.4 — Payment shall be amended as follows: Bid Item No. 334-1-13 — Superpave Asphaltic Concrete — 1 %" SP 9.5 — Per Square Yard. SECTION - 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Honda 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 e stablishing 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 n otice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. 01025-14 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid • documents\Technical Specifications.doc 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 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 o perations as necessary to meet the requirements of Article 570-5 and 2.34 B F Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the e limination 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 u niformly 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 VA" 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. 01025-15 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractors 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. 570-1-2A — Performance Turf (Sod) (Bahia) - Per Square Yard Bid Item No. 570-1-2B — Performance Turf (Sod) (St. Augustine) — Per Square Yard SECTION - 700 - SIGNING AND PAVEMENT MARKINGS A. Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010), Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. B. Traffic Signs All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. C. All reflective pavement markers shall be 4" x 4". 01025-16 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc Item of Payment Payment shall be made under: Bid Item No. 706-3A — Retro -reflective Pavement Markers Bi -Directional Amber/Amber — Per Each Bid Item No. 706-3B — Retro -reflective Pavement Markers Bi -Directional White/Red — Per Each Bid Item No. 711-11-121 — Traffic Stripe (Solid) (Thermoplastic) (White) (6") — Per Linear Foot B id Item No. 711-11-122 — Traffic Stripe (Solid) (Thermoplastic) (White) (8") — Per Linear Foot Bid Item No. 711-11-123 — Traffic Stripe (Solid) (Thermoplastic) (White) (12") — Per Linear Foot B id Item No. 711-11-124 — Traffic Stripe (Solid) (Thermoplastic) (White) (18") — Per Linear Foot B id Item No. 711-11-125 — Traffic Stripe (Solid) (Thermoplastic) (White) (24").— Per Linear Foot Bid Item No. 711-11-131 — Traffic Stripe (Skip) (2'-4') (Thermoplastic) (6") (White) — Per Linear Foot B id Item No. 711-11-141A — Traffic Stripe (Skip) (6'-10') (Thermoplastic) (6") (White) - Per Linear Foot Bid Item No. 711-11-141B — Traffic Stripe (Skip) (10'-30') (Thermoplastic) (6") (White) — Per Linear Foot Bid Item No. 711-11-160 — Pavement Messages (Thermoplastic) (MERGE) — Per Each Bid Item No. 711-11-170A — Standard Turn Arrow (Thermoplastic) (White) (LEFT ONLY) — Per Each B id Item No. 711-11-170B — Standard Turn Arrow (Thermoplastic) (White) (STRAIGHT OR RIGHT, MERGE) — Per Each Bid Item No. 711-11-170C — Standard Turn Arrow (Thermoplastic) (White) (RIGHT ONLY) — Per Each Bid Item No. 711-11-170D — Standard Turn Arrow (Thermoplastic) (White) (U-TURN ONLY) — Per Each Bid Item No. 711-11-221A — Traffic Stripe (Solid) (Thermoplastic) (Yellow) (6") — Per Linear Foot Bid Item No. 711-11-221B — Traffic Stripe (Solid) (Thermoplastic) (Yellow) (6") (Double) — Per Linear Foot Bid Item No. 711-11-224 — Traffic Stripe (Solid) (Thermoplastic) (Yellow) (18") — Per Linear Foot B id Item No. 711-11-241A — Traffic Stripe (Skip) (6'-10') (Thermoplastic) (Yellow) - P er Linear Foot B id Item No. 711-11-241B — Traffic Stripe (Skip) (2'-4') (Thermoplastic) (Yellow) - P er Linear Foot + + END OF SECTION + + 01025-17 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc Under penalty of perjury, Contractor declares that it has read the foregoing affidavit and the facts stated in it are true. Contractor: FURTHER AFFIANT SAYETH NAUGHT Authorized Signature: Printed Name: Date: (If signing as Owners Agent, attach Letter of Authorization to Sign from Owner) • The foregoing instrument was subscribed and sworn to before me this day of 20 by • , who is personally. known to me or has produced as identification and who did take oath. My Commission expires: Notary Public State of Florida at Large + + END OF SECTION + + 01025-13 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.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 o perations, 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. Before the completion of the project, unless otherwise especially directed o r 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 e xisting 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, e quipment,and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new - appearing condition. 01710 Site Cleanup 01710-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th ShAdmim\bid documents\01710 - Site Cleanup.doc G It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. 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, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. ++END OF SECTION ++ 01710 Site Cleanup 01710-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\01710 - Site Cleanup.doc SECTION 01820 Post Final Inspection 1.1 GENERAL A. Approximately one year after Final 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 rev 05-13.doc 001820 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th ShAdmim\bid documents\001820 - Post Final Inspection rev 05-13.doc S ECTION NO. 00001 S ECTION NO. 00004 S ECTION NO. 00101 S ECTION NO. 00102 S ECTION NO. 00104 S ECTION NO. 00327 S ECTION NO. 00334 S ECTION NO. 00570 S ECTION NO. 00700 DIVISION 2 TECHNICAL PROVISIONS Technical Specifications Scope of Work Mobilization Maintenance of Traffic Erosion and Water Pollution Control Milling of Existing Asphaltic Pavement S uperpave Asphaltic Concrete P erformance Turf S igning and Pavement Markings F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc SECTION 1 - Technical Specifications STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2010, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word 'Owner's Engineer", "District Engineer', "Engineer , "Project Engineer", etc., appears, It shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word Resident Engineer' appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. The work to be performed per sheet Bid item 1643-700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of U tility 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, S igning & Geometries Dated July, 2011. S ECTION - 4 - SCOPE OF WORK S ection 4-3.9 Value Engineering Incentive is deleted in its entirety. S ECTION - 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc SECTION - 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 Edition), except as modified herein. A. GENERAL PROVISIONS -DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as maybe 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 Contractor shall 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 loin in the inspection as is deemed necessary. 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 01025-2 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc 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 n ecessary 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 o n 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 n ecessary 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 u ndamaged Damaged devices diminishing legibility and recognition, during either n ight 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 Indian River Boulevard at all times. Item of Payment P ayment for the work specified in this item shall be made under: B id Item No. 102-1 - Maintenance of Traffic - Lump Sum 01025-3 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc S ECTION — 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 P ractices 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.pdf) D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this S ection. 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 D ewatering' 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 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 01025-4 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc River Water Management District (SJRWMD) Generally, only the short-term permit is required. Contact SJRWMD at (321) 984-4940 to determine which permit is required and the associated statutory requirements; 2. SJRWMD RDS -50 Permit (required)* 3. The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (required). Contact the Florida Department of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or www.dep.state.fl.us/water/stormwater/npdes/ 4. FDEP's Uncontaminated Groundwater Release Permit (required if dewatering occurs). This permit requires water quality testing by a State certified laboratory. B. Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER If there is a conflict between any permit requirement and these Specifications, the more stringent specification or requirement shall govern. C. In addition to paying for all permit fees CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities. 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. 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. 01025-5 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\Technical Specifications.doc 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.B, 1 6.C, and 1 6 D, `pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed 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. 1 B. When the Discharge is Directly Into an Existing Water Body, Pollution Occurs When . . An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the 01025-6 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc 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. 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 B, 1.6.C, and 1 6 D do not in any way, limit the types of conditions in which pollution may be determined to occur. 1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's 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. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polyacrylamide: As required in Paragraph 1 3.C, place polyacrylamide (PAM) on bare ground to reduce the potential for erosion. PAM may also be used in water bodies to remove turbidity. Use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, contact Applied Polymer Systems, Inc., (678) 494-5998, www.siltstop.com. B. Staked Silt Fences: 1. General Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the 01025-7 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6 -inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Place silt fences away from the toe of slopes. Otherwise, install in accordance with FDOT Index No. 102. 3. Product: All material shall be new and unused. Use FDOT Types II through IV silt fences where Targe 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 manufacturers 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 11 or Type 1 b. Or equivalent. D. Sedimentation Control From Dewatennq 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 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. (1-800-448-3636). 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 01025-8 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening. a. `GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448- 3636). b. Or equivalent. F. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double -needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER 3. Product: All materials shall be new and unused. a. `SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1-800- 448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579- 8819). c. Or equivalent. G. Construction Site Egress Driveways: Minimize the transport of sediment and soil 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 Targe enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash -down stations as required to wash vehicle tires and retain all washwater on-site. Do not use limerock. H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock Crushed limerock shall not be used under any circumstance 2. Acceptable Material: FDOT #4 non -calcareous aggregate (usually granite), washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. I. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide only as directed by the polyacrylamide manufacturer/supplier. 01025-9 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc 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\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc CONTRACTOR'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County Project No. 1302 for Indian River B oulevard Resurfacing (US 1 to 17th Street). S TATE 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 Of applicable) its Federal Identification No.(FEIN) is 2. My name is and my relationship to the entity named above is • (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) • 3. I understand and agrees that in addition to complying with the terms and conditions of 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. I understand and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes: `. . . 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. I understand and agrees that in addition to the definition set forth in Item 4 above, `pollution" is also defined by Florida Administrative Code 62-302.530 and as may be 01025-11 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th StW,dmim\bid documents\Technical Specifications.doc further defined in the Indian River County permit(s). 6. I understand that Indian River County requires the design installation, and maintenance of proper erosion control measures at all times during construction until complete stabilization is achieved at the project site. Contractor understands that this requirement is for this project regardless of the project size 7. I 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 Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. Contractor understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity facility or system is located or authorized the Contractor shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Contractor shall provide the name mailing address and telephone n umber of the transferee and a copy of the instrument effectuating the transfer. Said n otification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Contractor must provide (1) the information required in Item 8(a) (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Contractor's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee (c) Contractor is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility system, or activity is located o r authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of $30.00 per sign. 01025-12 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) US1 to 17th St\Admim\bid documents\Technical Specifications.doc