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2011-204A
CONTRACT DOCUMENTS AND SPECIFICATIONS ia . r. / ao/r _ao�A FOR INDIAN RIVER BOULEVARD AND 17TH STREET INTERSECTION IMPROVEMENTS BID NO. 2011048 PROJECT NO. 1024 FEDERAL AID PROJECT NO. FM 422914-1-58-01 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BOB SOLARI, CHAIRMAN GARY C. WHEELER, VICE CHAIRMAN COMMISSIONER, PETER D. O'BRYAN COMMISSIONER WESLEY S. DAVIS COMMISSIONER JOSEPH E. FLESCHER JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARYON, CLERK OF COURT iLL40�z /ALAN S. POLACKWICH, SR., COUNTY ATTORNEY CHRISTOPHER R. MORA, P.E., PUBLIC WORKS DIRECTOR CHRISTOPHER J. KAFER, JR., P.E., COUNTY ENGINEER MICHAEL D. NIXON, P.E., ROADWAY PRODUCTION MANAGER 00001 -Project Title Page - REV 04-07.doc 00001 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00001 -Project Title Page - REV 04-07.doc TABLE OF CONTENTS Section No, Title IIVISION 0 - BIDDING DOCUM CONTRACT 00001 00010 Cover Sheet Table of Contents BIDDING DOCUMENTS CONTRA FORMS. AN CONDITION: 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors 00470 DBE Forms THE 00472 Non -Collusion Affidavit of Prime Bidder 00474 Certification Regarding Lobbying 00476 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions 00490 Certification of Non -Segregation & Non -Discrimination 00492 Buy America Certificate of Compliance 00494 Drug Free Work Place Certification 00496 LAP Certification of Capacity / Status of Contracts on Hand 00500 Certification of Sublet Work CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work 00010-1 F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00010 -Table of Contents -REV 04-07.doc CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive DIVISION 1 -GENERAL REQUIREMENTS DIVISION 2 —TECHNICAL PROVISIONS APPENDIX A —PERMITS APPENDIX B —FEDERAL REQUIRED CONTRACT PROVISIONS APPENDIX C — FHWA 1273 + +END OF TABLE OF CONTENTS + + 00010-2 F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00010 -Table of Contents -REV 04-07.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127 th 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 Friday, August 12, 2011. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "Indian River Boulevard and 17th Street Intersection Improvements" & Bid No. 2011048. 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. 1024 INDIAN RIVER COUNTY BID NO. 2011048 PROJECT DESCRIPTION: THE PROJECT CONSISTS OF THE RE -ALIGNMENT OF THE NORTHBOUND LEFT TURN LANE AT THE INTERSECTION OF INDIAN RIVER BOULEVARD AND 17 STREET WHICH WILL PROVIDE BETTER VISABILITY FOR MOTORISTS AT THE INTERSECTION. THE WORK WILL INVOLVE NEW PAVEMENT. RESURFACING, AND PAVEMENT MARKINGS. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the Public Works Department/Engineering Division, 1801 27th Street, Vero Beach, Florida, 32960, (772) 226-1283. Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $75.00 for each set, which represents cost of printing and handling, which is non-refundable. Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing Co. ircgov. corn . All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the 00100 -Advert isement for Bids REV 04-07.doc 00100 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thSlreet and IR Blvd Interseclion\Admim\Contract 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. The County will not reimburse any Bidder for bid preparation costs. A Mandatory Pre -Bid Conference will be held on July 27, 2011 at 10:00 A.M., in the Public Works conference room A1-303 in Building 'A' of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS MANDATORY. INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date: July 13, 2011 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 00100 -Advertisement for Bids REV 04-07.doc 00100 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00100 - Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. -Title ARTICLE 1 - DEFINED TERMS.............................................................................................1 ARTICLE 2 -COPIES OF BIDDING DOCUMENTS.000...........09...............................................1 ARTICLE 3 -QUALIFICATIONS OF BIDDERS......................................................................1 ARTICLE 4 -EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE...................................................................................................................2 ARTICLE 5 -PRE-BID CONFERENCE..................................................................................4 ARTICLE 6 -SITE AND OTHER AREAS................................................................................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 ........................................................ 6 ARTICLE 13 -PREPARATION OF BID.................................................................................. 6 ARTICLE 14 -BASIS OF BID; EVALUATION OF BIDS..........................................................7 ARTICLE 15 -SUBMITTAL OF BID........................................................................................ 8 ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BID................................................9 ARTICLE 17 -OPENING OF BIDS.........................................................................................9 ARTICLE 18 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE ........................................... 9 ARTICLE 19 -AWARD OF CONTRACT................................................................................ 9 ARTICLE 20 -CONTRACT SECURITY AND INSURANCE......... bhosowwwwom ME 060 1*11 For ME 10 ARTICLE 21 -SIGNING OF AGREEMENT............................................................................10 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200 - i F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thSlreet and IR Blvd IntersectionV+dmim\Contract Documents\00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) SubLect Article Award of Contract. I I I I 1 0 a 9 W I I I* a P 0 a a a 0 d 0 W a 0 0 0 0 .... PO 19 Basis of Bid; Evaluation of Bids................................................................................................14 BidSecurity................................................................................................................................8 Bids to Remain Subject to Acceptance.....................................................................................18 Contract Security and Insurance...............................................................................................20 ContractTimes........................................................................................................................... 9 Copies of Bidding Documents.....................................................................................................2 DefinedTerms............................................................................................................................1 Interpretations and Addenda.......................................................................................................7 LiquidatedDamages.................................................................................................................10 Modification and Withdrawal of Bid...........................................................................................16 Openingof Bids........................................................................................................................17 Pre -Bid Conference....................................................................................................................5 Preparationof Bid.....................................................................................................................13 Qualifications of Bidders.............................................................................................................3 Signingof Agreement...............................................................................................................21 Site and Other Areas. 0 P P a 4 6 9 0 a a a a 6 & a a 6 6 . . . . . . . . . . . R Subcontractors, Suppliers and Others......................................................................................12 Submittalof Bid........................................................................................................................15 Substitute or "Or -Equal" Items..................................................................................................11 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200 - ii F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreei and IR Blvd Interseclion\Adrnim\Contract Documents\00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.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 or 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. 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17lhStreet and IR Blvd Intersection\Admim\Contract Documents\00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV OB-10.doc Rev. 05/01 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 -EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents, B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERS of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of report s and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. 00200 - Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00200 - Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev. 05/01 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions, 4.05 Upon a request directed to the ENGINEER (Michael D Nixon, P.E. 772-226-1986), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (MICHAEL D. NIXON P.E., (7 72) 226-1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitt ing its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreel and IR Blvd Intersection\Admim\Contract Documents\00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV OB-10.doc Rev. 05/D1 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; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 -PRE-BID CONFERENCE 5.01 The date, time, and location for a MANDATORY Pre -Bid conference, if any, are speced in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are required to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 -SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 -INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding .Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd IntersectioMAdmim\Contract Documents\00200 - Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev. 05/01 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, deemed advisable by OWNER or ENGINEER. correct, or change "g Documents as ARTICLE 8 -BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 -CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 -LIQUIDATED DAMAGES 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00200 - Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-t 0.doc Rev. OS/01 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 -SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 -PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 00200 - Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00200 - Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev. 05101 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 -BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200 - � F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\D0200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV OB-t0.doc Rev. 05/01 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions, 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 -SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safely Act. C. Qualifications Questionnaire. D. List of Subcontractors. E. Anticipated DBE Participation Statement; F. DBE Affirmative Action Plan; G. Construction Contractors Bid Opportunity List; H. Non -collusion Affidavit of Prime Bidder; Certification Regarding Lobbying; J. Cert ification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions; K. Certification of Non Segregation &Non Discrimination; L. Buy America Cert ificate of Compliance; M. Drug Free Workplace Cert ification; N. LAP Cert ification of Capacity /Status of Contract on hand and O. Cert ification of Sublet Work. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08 -10.doc 00200 - a F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV DS-10.doc Rev. OS/O7 Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960, ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 -OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 -AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-9 F:\Public WorksIENGINEERING DIVISION PROJECTS\1024-17thstreet and IR Blvd InlersectionWdmi m\Contract Documents\00200 •Instructions to Bidders FOR LAP PROJECTS ONLY REV OB-10.doc Rev. 05!01 interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents, 19.06 If the Contract is to be awarded, OWNER will award the Contract to the lowest responsive, responsible bidder. , 19.07 OWNER will forward tabulations of bids to FDOT for approval prior to award of Contract. 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 $50,000. ARTICLE 21 -SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * *END OF SECTION 00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd InlersectionlAdmim\Contract Documents\00200 -Instructions to Bidders FOR LAP PROJECTS ONLY REV OB-10.doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form Bid Bond Sworn Statement on Disclosure of Relationships Sworn Statement Under the Florida Trench Safety Act Qualifications Questionnaire List of Subcontractors DBE Forms Non -Collusion Affidavit of Prime Bidder Certification Regarding Lobbying Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Primary Covered Transactions Certification of Non Segregation &Non Discrimination Buy America Certificate of Compliance Drug Free Workplace Certification LAP Certification of Capacity /Status of Contracts on Hand Cert ification of Sublet Work SECTION NUMBER 00310 00430 00452 00454 00456 00458 00470 00472 00474 00476 00490 00492 00494 00496 00500 SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * *END OF SECTION 00300 -Bid Package Contents -REV 04-07.doc 00300 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\00300 -Bid Package Conients -REV 04-07.doc SECTION 00310 - Bid Form PROJECT IDENTIFICATION: Project Name County Project Number: Bid Number: Project Address: Indian River Boulevard and it Street Improvements, 1024 2011048 Indian River Boulevard & 17`h Street Indian River County, Fl. Intersection Poject Description: THE PROJECT CONSISTS OF THE RE -ALIGNMENT OF THE NORTHBOUND LEFT TURN LANE AT THE INTERSECTION OF INDIAN RIVER BOULEVARD AND 17TH STREET WHICH WILL PROVIDE BETTER VISABILITY FOR MOTORISTS AT THE INTERSECTION. THE WORK WILL INVOLVE NEW PAVEMENT, RESURFACING, AND PAVEMENT MARKINGS, THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 1800 27�h Street VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation use dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. VA Me Addendum Date GRA I 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. 00310 -Bid Form REV 04-07.doc 00310-1 F:\Public Warks\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\P,dmi mlContract Documents\00310-- Bid Form REV 04-O7.doc Rev. 05/16/01 D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 -Bid Form REV 04-07.doc 00310 - 2 toENGINEER'S ESTIMATE PROJECT NAME: INDIAN RIVER BLVD. 8: 17TH ST. INTERSECTION IMPROVEMENTS M IRC PROJECT #1024/13ID #2011048 BIDDER'S NAME ttetn Nv...:::.... .:::::.:.:...:.:..::...::.....:.::::........:..::..:..:...::: ..................::::.:::::.......:.:.. _........ nit ,Quart `, ? Jt�4 Primo ll 101-1 MOBILIZATION LS 1' 102-1 MAINTENANCE OF TRAFFIC LS 1 [Kl, 00 4 c o G `5 104-1 EROSION & WATER POLLUTION CONTROL LS 1 60 OU 110-1-1 CLEARING & GRUBBING LS 1 120-6 EMBANKMENT CY 150 Dd 285-706 OPTIONAL BASE, 14" CEMENTED COQUINA (LBR 100 TWO LIFTS SY 1 073 d • �� p© 334-1-12A SUPERPAVE ASPHALTIC CONCRETE 1" SP -9.5 TN 180 334=1=128 SUPERPAVE ASPHALTICCONCRETE 2"SP-9.5 OVERBUILD TPJ 200 �. GG� GDU, CRL2 334-1-13 SUPERPAVE ASPHALTIC CONCRETE SP -12.5 1-1/2" THICK TNI 90 �2• U v c [7- oO 570-1-2 PERFORMANCE TURF - SODDING BAHIA SY 67 °� 0 o ( . 700-20-11 SINGLE POST SIGN AS 3 /� J�i7, bb I ✓L� , bU 706-3 RETRO -REFLECTIVE PAVEMENT MARKERS BI-DIRECTIONAL, AMBER EA 68 S, (Na 3 l * Oc 711-11-121 THERMOPLASTIC, STANDARD,WHITESOUD6" LF 600 ° !�y �•ud 711-11-122 THERMOPLASTIC, STANDARD WHITE,SOLID 8" LF 555 l Q �J. GCS 711-12-123 THERMOPLASTIC, STANDARD WHITE,SOLID, 12" LF 255 i 0G 711-11-124 THERM OPLASTIC,STANDARD, WHITE SOLID,18" LF 205 711-11-125 THERMOPLASTIC, STANDARD W HITE SOLID 24" LF 71 711-11-141 THERMOPLASTIC STANDARD WHITE SKIP 6" LF 566 G of - 3611, dv 711-11-170 THERMOPLASTICSTANDARDWHITE RROW EA 7 �� aSD•OG 711-11-221 THERMOPLASTIC STANDARD YELLOW SOLID,6" LF 1,298 , ! o - �, C�2 C 711-11-224 THERMOPLASTIC STANDARD YELLOW SOLID 18" LF 55 711-11-241 THERMOPLASTIC STANDARD YELLOW SKIP 6" LF INDIAN RIVER BLVD. TURN LANE SUB TOTAL r� G ENGINEER'S ESTIMATE PROJECT NAME: INDIAN RIVER BLVD. & 17TH ST. INTERSECTION IMPROVEMENTS IRC PROJECT #1024/BID #2011048 BIDDER'S NAME � � y}4 � t-,�_ IYIIJI..CLLHIVCV VJ PROJECT TOTAL: PROJECT TOTAL (IN WORDS) FORCE ACCOUNT: FORCE ACCOUNT(IN WORDS) FIVE TOTAL PROJECT BID AMOUNT INCLUDING FORCE ACCOUNT: TOTAL PROJECT BID AMnuN' N WORDS): ware card I N =Ton CY =Cubic Yard $5,000.00 c. , _ 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually ;required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.8 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. Required Bid security in the form offir]-u.i�V ; B. Itemized Bid Schedule; C. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; D. Sworn Statement Under the Florida Trench Safety Act; E. Qualifications Questionnaire; F. List of Subcontractors; G. Anticipated DBE Part icipation Statement; H. DBE Affirmative Action Plan; I. Construction Contractors Bid Opportunity List; J. Non -collusion Affidavit of Prime Bidder; 00310 -Bid Form REV 04-07.doc 00310-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Slreel and IR Blvd Interseclion\Ad mi m\Contract Documents\00310 - 8id Form REV 04-07.doc K. Certification Regarding Lobbying, L. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Primary Covered Transactions; M. Certification of Non Segregation & Non Discrimination; N. Buy America Certificate of Compliance; O. Drug free Workplace Certification; P. LAP Certification of Capacity /Status of Contracts on Hand and O. Certification of Sublet Work 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on ��' , 20 (L. State Contractor License No. Ccs; If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business address: Phone No.: A Partnership Partnership Name: By: (Signature of general partner Name (typed or printed): Business address: Phone No.: evidence of authority to sign) FAX No.: (SEAL) (SEAL) 00310 -Bid Form REV 04-Ol.doc 00310 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17lhStreet and IR Blvd InlerseclioMAdmimlConlract Documents\00310 -Bid Form REV 04-07.doc D A Corporation Corporation Name: _ State of Incorporation: Type (General (�' ire -- attach evidence Name (typed or printed): Title: Attest ssional, Service, Limited Liability): to sign) (SEAL) �j (CORPORATE SEAL) / /` n ( Signature of Corporate Secretary) Business address: Phone No.: `j `1,- /l Y7 e og Date of Qualification to do business is A Joint Venture Joint Venture Name: By: FAX No.: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Joint Venture Name: By: FAX No.: (Signature -- attach evidence of authority fo sign) Name (typed or grin Title: Business address:; Phone No.: Phone and. r FAX No.: AX Number, and Address for receipt of official communications: (SEAL) (SEAL) (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) 00310 -Bid Form REV 04-07.doc 00310-7 F:\Public Works\ENGINEERING DIVISION PROJECTS\7024-17thStreet and IR 01 vd Intersection\Admi m\Contract Documents\00310 -Bid Form REV 04-07.doc THE AMERICAN INSTITUTE OF ARCH, I'ECTS AIA Document A310 Bid BOiid soi�� BB03156 KNOW ALL MEN $'.� THESE PRESENTS, that we Timothy Rose Contracting, Inc . 1360 SW Old Dixie Hwy., Ste 106 (Rett insert Cull num ,end address or legpl title orContradur) Vero Beach, FL 32962 as Principal, hereinafter called the Principal, and Developers Surety and Indemnity Company a corporation duly organized under the laws of the State of:Iowa as Surety, hereinaRer called the Surety, Ire held and fumly boundunto Indian River County 18(L1 27 Street Vy&o tBeach, FL {Hcrc irgcrt f aurc ,anti ar legal tide 0 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Rid -Dollars ($ 5%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. t�'1-IEREAS,thePrincipalhassubmittedabidfor Indian River Boulevard & 17th Street Intersection Improvements (Ha¢ insert, full ttame, eddres�; and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obli gee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or m the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed aW scaled this 2 day of August, 2011 (W tness) (Witness) Timothy Rose ntracting, Inc. (Seal) y Rose Yresiden Surety and Indemnity Compank (Title)Robcrt Barra Attorney In Fact (seal) aL4 DOCU:�7E1vT A31 Q BOND AIA ® FEBRUARY 1970 F.D THE AMERICAN lmS"1'll"iJ'i-E OF Al2Cli1TCC'CS, 1735 N.Y. AVE., N.W_ WASHING'1'QN, D.C. 20006 l tVARNING: unlicensed photocopying violates U.S. copyright laws and is subjxt to legal Prosecution. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY, does hereby make, constitute and appoint: ***Robert Barra*** as its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of fhe Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the corpo- ration be, and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January tst, 2008. By: — " {' AND Daniel Young, Vice -President :,yJQopPOR" +x ' 0C0T. Y Stephen T. Pate, Senior Vice -President aOjs 1 9 3 6 State of California •�0. ` * P County of Orange On January 31, 2011 before me, Date Antonio Public Here Insert Name and Title of the Officer personally appeared ___ Daniel Younq and Stephen T Pate Names) of Signers) '4!`i/� • • •• �4mi0 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Vue and correct. WITNESS my hand and official seal. Signature CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resoluti r„I An Alvarado, Notary Public on of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this By: (� _ regg Okur , Istant Secretary ID-1438(Rev.01/11) 2 day of August 2011 , SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, 1 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 V. 2011048 for Indian River Blvd & 17th St Intersection Improvements. 2. This sworn statement is submitted by: Wtb� �t UC� - lV (Name of entity submitting Statement) whose business address is: 1 3 U �V�7 �- � � �_.l � AA 3. My name is (Please print name of individual signing) and my relationship to the entity named above is�Z 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, part ners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00452 Disclosure of Name of Affiliate or entity Name of County Commissioner or employee Relationship G (Signatur (Da e) STATE OF COUNTY OF �L�-jX'Lz'y\ The foregoing instrument was acknowledged before me this day of ti1_r S� , 200 by Awho is person known -me or who has produced �{ as identification. PY F'G@ VICKIE LEE WRIGHT N ARY PU�'b�C ° * * Notary Public State of Florida p Aly Commission Exp• Much 11, 2012 oY Commission # DD 7566&3 �., SIGN: v" PRINT: Notary Public, State at e My Commission Expires: p'�3I (Seal) 00452-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Bivd IntersectionWdmim\Contract Documents\00452 Disclosure of Palafinnchinc rine 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. 1024 for Indian River Blvd. & 17'h St, Intersection Improvements. 2. This Sworn Statement is submitted by 1 Vyly� ��_u,b SA. ^l (Lega[Narriejo Entity $ubmittjrlg Sworn Statement) J 1 it �L-.�-1rVb hereinafter "BIDDER" J S -I The I DER's address is b S�cVr \ c f ' act,c BIDDER's Federal Employer Identif ation Number (FEIN) is 3. My name is V" � � S and my relationship to the BIDDER (Print Namq of Individual Signing) Is tr2 P's \ 4 UV: (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seg. 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 comoly with the anolicable Trench Safety Standards, 6. The BIDDER has allocated and included in its bid the total amount of $ based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: 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 $ iGr based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance _ n this Project: 00454 -Florida Trench Safety Act -REV 04-07.doc 00454 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17th Slreel and IR Blvd Inlerseclion\Admim\Contract Documents\00454 -Florida Trench Safely Act -REV 04- 07.doc w 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. g. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDE By' Position or Title: A Date: STATE OF t' 1,uyz���i COUNTY OF n cA Personally appeared before me, the undersigned�-E- w o fter first being sworn by me, affixed is1her sl nature in the space provided above on this d ate—Loi i� S�- 20 (__ R}a ry Public, State �t large i My Commission Expires: r� 31 It a i 4if.:i r 'I s< 1 �l`.reRFS f 1 { -r° y - Wth'r11t�. tJ Z fir. cf� * *END OF SECTION * 00454 -Florida Trench Safety Act -REV 04-07.doc 00454 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Inlerseclion\Admi m\Contract Documents\00454 -Florida Trench Safety Acl -REV 04- 07.doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF RESPONSIBLE BIDDERS* 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: 1024 Project Name: Indian River Blvd & 17`h St. Intersection Improvements. 1. Bidder's Name /Address: �lwtb`1.�'?� t 3 ►o o 2. Bidder's Telephone & FAX Numbers: a S(c �� -" ��> PVLt 3. Licensing and Corporate Status: a. Is Contractor License current? �1,e b. Bidder's Contractor License No: C6; U� 'G[t o [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: c. 5L1YiS 5. What is the last project QF THIS NATURE that the firm has completed? 2 o'tie S' ) � � K � 6. Has the firm ever failed to complete work awarded to you? [tf your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? K u [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? �y [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 FiPuhlic Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\00456 -Qualifications Questionnaire.doc 9. Has the firm ever been charged with noncompliance of any public policy or rules? [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 11. Has the firm ever defaulted on any of its projects? _ [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 13. Name of person who inspected the site of the proposed work for the firm: Name: t vA y< Q Swe - Date of Inspections: 6 oq 1 14. Name of on-site Project Foreman: bo Number of years of experience with similar projects as a Project Foreman: 15. Name of Project Manager: �� VyA Number of years of experience with similar projects as a Project Manager:�kt� c 16. State your total bonding capacity: 17 m State your bonding capacity per job: Please provide name, address, telephone number, and contact person of your bonding company: off- �\x�Yz-�L�-- [The remainder of this page was left blank intentionally] 33"13 w. Gtr 00456 -Qualifications Questionnaire.doc 00456 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTSU 024-17thStreet and IR Blvd Intersedion\Admim\Contract Documents\00456 -Qualifications Qu estionnairedoc �7 U N O CL Q JS_ 'L^^ vJ co Q O O a a: Q1 CL C) 0 C L [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contractor. By: C _ (Signature) 1 VA (Position or Title) (Date) * * END OF SECTION 00456 -Qualifications Questionnaire.doc 00456 - a F:\Public Works\ENGINEERING DIVISION PROJECTSV 024 -17th Street and IR Blvd InlerseclionVldmi m\Contracl Docu mems\00456 -Qualifications Questionnaire.doc 19 ■ SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 1024 for Indian River Blvd. & 17`h St. Intersection Improvements. Work to be Performed 2. 3. 4. 5. C4 V2 'jp Lei 6. 7. 8. 9. 10, 11. 12. 13. 14, 15. 16. 17. Note: Attach additional sheets if required. Subcontractor's Name/Address J _ _ 7 * *END OF SECTION * * 00458 -List of Subcontractors REV 04-07.doc 00458 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd InterseclionWdmim\Contract Documents\00458 -List of Subcontractors REV 04-07.doc 275-030-11 EQUAL OPPORTUNITY OFFICE 11 Pagel 1 oof B DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 8.18% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's anticipated DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's Voluntary DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs, NOTE: Any project listed as 0%DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBEs. If you have any questions regarding this information, please contact the Equal Opportunity Office at (850) 414-4747. DBE Reporting If you are the prime contractor on a project, complete the attached Anticipated DBE Participation Statement and submit the information at the pre -construction or pre -work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to all subcontractors through the web based Equal Opportunity Reporting System (FORS), BizWeb. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions concerning the completion or submission of this information, contact the FDOT EOO at (850) 414-4747. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBEs and non -DBEs. A form is included to record bidders' information for ALL subcontractors or sub -consultants who quoted to you for specific projects for this letting. If a contractor quoted to you for more than one project you only need list that contractor once. If you have submitted a bidder's list to the Department previously, you need only list new companies who have quoted to you or requested to be on specific projects. If you do not know the answers to numbers 2, 3, 4, or 5 you may leave them blank and the Department will complete them. This information should be returned with your bid package or proposal package or submitted to the Equal Opportunity Office within three days of your submission. It can be mailed or faxed. Please reply to: Florida Department of Transportation Equal Opport unity Office 605 Suwannee Street, MS 65 Tallahassee, FL 32399-0450 (850) 4144747 It (850) 4144879 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION STATEMENT 27s03aii EQUAL OPPORTUNITY OFFICE 0XI1 Page 2 0( d 1. FINANCIAL PROJECT NO. 13. SUBMfTTE�D},BY 14 .DATE 15. TITLE OF SU 2. FAP NO. 3. CONTRACT NO, 4, COUNTY(IES) S. DISTRICT 16. EMAIL ADDR OF SUBMITTER 17. FAX NUMBER 18. PHONE NUMBER 6. PRIME CONTRACTOR NAME THE FOLLOWING SECTIONS ARE FOR FDOT USE 7. FEID NUMBER 19 .PROCESSED BY 20, DATE TO EO OFFICE 21. LETTING DATE vZf vim' 22. EXECUTED DATE 23, PRECON CONF DATE DIST 8. CONTRACT DO LAR AMOUNT 9. REVISION? IF YES, REVISION NUMBER: 10. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED "DBE"7 (DISADVANTAGED BUSINESS ENTERPRISE) IJ2/N0 ❑ YES 11. IS THE WORK OF THIS CONTRACT CONSTRUCTION ElOR MAINTENANCE R7/ 12, ANTICIPATED DBE SUBCONTRACTS: EO 25 .INCLUDED IN DBE PARTICIPATION REPORT OF W911 DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORK/SPECIALTY OFC DOLLAR AMOUNT PERCENT OF CONTRACT DOLLARS A B C D E 12FTOTAL DOLLARS TO DBE'S 12G TOTAL PERCENT OF CONTRACT $0.00 0.00% 470-2 BMIT(�TER Wtf7V�lL �,'S " It hL, n l� TVze-e' O�e.VL 16. EMAIL ADDR OF SUBMITTER 17. FAX NUMBER 18. PHONE NUMBER NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY FUNDED FDOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT USE 19 .PROCESSED BY 20, DATE TO EO OFFICE 21. LETTING DATE 22. EXECUTED DATE 23, PRECON CONF DATE DIST 24 .SUBMITTED TO EO BY En FAX ❑ EMAIL ❑ SHARED FOLDER EO 25 .INCLUDED IN DBE PARTICIPATION REPORT OF W911 OFC 470-2 275-030-11 EQUAL OPPORTUNITY OFFICE 03111 Page 3 of 8 Equal Opportunity Reporting System Information To comply with changes in the Disadvantaged Business Enterprise (DBE) Program, the Department is collecting both actual payments made to subcontractors and sub -consultants, and DBE commitment amounts. Actual payments will be collected through the web -based Equal Opportunity Reporting System (EORS) and commitments will be collected throu the Anticipated DBE Participation Statements. It is extremely important that you continue to submit the Anticipated DBE Participation Statement at the pre construction conference for all federal and state funded projects. This primary information is used by the State and Federal Government to evaluate our performance in the DBE Program. In addition, for federal and state funded projects, you must also report actual payments in the Equal Opportunity Reporting System. Revisions were made to the specifications beginning with the October 2000 letting that states in section 9-6.7: The Contractor is required to report monthly, through the Department's Equal Opportunity Reporting System on the Internet at www.dot.state.fl.us, actual payments, retainage, minority status, and the work type of all subcontractors and suppliers. Since the specifications were revised, we have made some additional modifications to ease the burden on the contractor. We will pursue making the permanent modifications to the specifications. In the interim, each month you must report actual payments to all DBE subcontractors, sub -consultants and suppliers. Payments to all non -DBE subcontractors and sub consultants will need to be reported either monthly or at the end of the project Payments to non -DBE suppliers need not be reported at all This information can be submitted in hard copy form if necessary. Instructions for accessing the EORS are included. If you have any questions, please contact the Equal Opportunity Office at (850) 414-4747. INSTRUCTIONS FOR ACCESSING THE EQUAL OPPORTUNITY REPORTING SYSTEM Purpose The Florida Department of Transportation, Equal Opportunity Office has been charged with requirements of reporting Disadvantaged Business Enterprise Information to the U.S. Department of Transportation, Federal Highway Administration (FHWA) according to the new 49 Code of Federal Regulations Part 26, The Equal Opportunity Reporting system was developed as a solution to collect this information. Objective The Equal Opportunity Reporting system will collect information of actual payments and retainage paid to the Prime ConsultantlContractor by the Department of Transportation and the Prime Consultant/Contractor's actual payments and retainage paid to their subs and suppliers, by the type of work they performed. The reporting of this information will be performed by the Prime on a monthly basis for an invoice or estimate number per contract. To establish access to the new Equal Opportunity Reporting System (BizWeb), contact Business Innovations Plus loll -free at 1-877-249-8725. The site location is hitp://www.bipincwebapps.comlbizwebfloridal 470-3 275-030-11 EQUAL OPPORTUNITY OFFICE Paye 4 4 of0( 8 8 INSTRUCTIONS FOR COMPLETING DBE/AA PLAN NOTE: THE DBE/AA PLAN MUST BE APPROVED BY THE EQUAL OPPORTUNITY OFFICE AND COMPLETED IN ACCORDANCE WITH CHAPTER 14-78, FLORIDA ADMINISTRATIVE CODE DBE/AA PLANS DBE/AA Plans must be submitted by the prime contractor, be submitted on company letterhead (first page only), signed by a company official, dated and contain all elements of an effective DBE/AA Plan (sample enclosed). Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. MAIL P -LAMS TO: Florida Department of Transportation Equal Opportunity Office 605 Suwannee Street, MS 65 Tallahassee, Florida 32399-0450 Questions concerning the DBE/AA Plan may be directed to the Contract Compliance Section by calling (850) 414- 4747. 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 "I F, OFFICER AUTHORIZED TO ADMINISTER OATHS, 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2011048 for Indian River Blvd. & If St. Intersection Improvements. 2. This sworn statement is submitted by: b'VW tL u C= (Name of entity submitting Statement) whose business address is: w_o �.C'C, :3 �2 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, part ners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00452 Disclosure of I N M Name of Affiliate Name of County Commissioner Relationship or entity or employee (S U i�<II (Da e) STATE OF i�� COUNTY OF I—vL.�l� l 1lc The foregoing instrument was acknowledged before me this iz�s day of JA!3 Lk 20 by 1 1 WE U ,who is personaJI kJr own to c or who has produced NIA as identification• �pPY PG9 YICKIE LEE WRIGNT '� 0 Notary Public State of Florida o ,+ Aly Commission Exp. March 11, 2012 ao �` �s Commission # DD 756663, >� �a SIGN: 4 U PRINT: l c" �t Cr l %L %� Notary Public, State at fQe My Commission Expires: (Seal) 00452-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00452 Disclosure of Ralatinnchinc rinr 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. 1024 for Indian River Blvd. & 17`h St, Intersection Improvements. 2, This Sworn Statement is submitted by pt ifs t, S� (Legal Na o e Entityubmitt' g Sworn Statement) � �C-ESE`7-1,� -�'l1 U W --CZ -6t:.-e-4) hereinafter "BIDDER". The I DER's address is _ ac BIDDER's Federal Employer Identi4cation Number (FEIN) is ( c) 3. My name is 1 Vim, �C iand my relationship to the BIDDER r_?(Print Nam of Individual Signing) is (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553.60 et seq Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards, 6. The BIDDER has allocated and included in its bid the total amount of $ 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: The determination of the appropriate methods) 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 instituting the following specific method(s) of compliance - n this Project: 00454 -Florida Trench Safety Act -REV 04-07.doc 00454 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Slreel and IR Blvd InlerseclioMAdmim\Contract Documents\00454 -Florida Trench Safely Acl -REV 04- 07.doc N The determination of the appropriate methods) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8, The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. 'Tt �v� V�b SR-. . Position or Title: '✓c -s LcQ2-V�+ Date: l�? Q 1 1 STATE OF aVz COUNTY OF Personally appeared before me, the undersigned authority, �� v✓� "'ra S-E— w,o fter first being sworn by me, affixed. islhe20si�gnature in the space provided above on this 1� day-oT- � �.-ah,�a s-4— I N ary Public, State t large �.,, Mai GIx1Qf"ltlitr. tx't rGnBJ}, 7 My Commission Expires: l tl �� C( i,n * *END OF SECTION * * 00454 -Florida Trench Safety Act -REV 04-07.doc 00454 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and fR 81vd InlerseclionV\dmi m\Contract Documents\00454 -Florida Trench Safety Act -REV 04- 07.doc SECTION UU456 - UALIFICATIONS UESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NOW 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: 1024 Project Name: Indian River Blvd. & 17th St. Intersection Improvements. 1. Bidder's Name / Addreenss: �tvytt��.vlt�Se CJCSVLLZEX1✓ o Cw t)`CJC U�`1.1P i 1A;rA 2. Bidder's Telephone &FAX Numbers: �"f `r a —�lo �) - r7 �' f�C) �hL 3. Licensing and Corporate Status: a. Is Contractor License current? LIQ b. Bidder's Contractor License No: Q;5c(ya [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: S�1Yz5 5. What is the last project FTHIS NATURE that the firm has completed? 6. Has the firm ever failed to complete work awarded to you? [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? ICU [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? [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.j 00456 -Qualifications Question naire.doc 00456 - t F:\Pu61ic Works\ENGINEERING DIVISION PROJECTS\1024-17thSlreet and IR Blvd InlerseclionVldmim\Contract Documents\00456 -Qualifications Questionnaire.doc 9I Has the firm ever been charged with noncompliance of any public policy or rules? [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 11. Has the firm ever defaulted on any of its projects? J [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 13 14 15 16. 17 Name of person who inspected the site of the proposed work for the firm: �— Name: ( 1 W1 C 0 S� Date of Inspections: bq� Name of on-site Project Foreman: Number of years of experience with similar projects as a Project Foreman: �s�`_ Name of Project Manager: Number of years of experience with similar projects as a Project Manager:-���,1��, State your total bonding capacity: State your bonding capacity per job: 18. Please provide name, address, telephone number, and contact person of your bonding company: [The remainder of this page was left blank intentionally] S�� 00456 -Qualifications ouestionnaire.doc 00456 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Slreel and IR Blvd Inlersection\Admim\Contract Documents\00456 - Qualifications Questionnaire.doc U O Q. Q CJ G _O Q M CD C O O O L O C). E 0 U C C v � r C U � C Q O � 1 L Z � C Z � L O � a � U U cu (� L 3 m r M CL (� E (� O v G S V O O RL a 0 m E Z V [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. i By: _ (Signature) * *END OF SECTION ' (Position or Title) ,sl 191 (1 (Date) 00456 -Qualifications Questionnaire.doc 00456 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\P,dmi m\Conlracl Documents\00456 -Qualifications Questionnaire.doc r M SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate Df Competency. Documentation Submitted with Project No. 1024 for Indian River Blvd. & 17ih St. Intersection Improvements. Work to be Performed 2. 3. 4. 5. 6. 7. 9. 10. 11. 12. 13. 14. 15. 16. 17. Note: Attach additional sheets if required. Subcontractor's Name/Address �eCQ C 4 c-c� rz_Y1 z . Vt(A� J 1.31 * *END OF SECTION * 00458 - List of Subcontractors REV 04-07.doc 00458 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thSlreet and IR Blvd Intersection\Admim\Contract Documents\00458 -List of Subcontractors REV 04-07.doc J 275-030.11 EQUAL OPPORTUNITY OFFICE 0311 7 Page 1 of a DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 8.18% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's anticipated DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's Voluntary DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs, NOTE: Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBEs. If you have any questions regarding this information, please contact the Equal Opportunity Office at (850) 4144747. DBE Reporting If you are the prime contractor on a project, complete the attached Anticipated DBE Participation Statement and submit the information at the pre -construction or pre -work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to all subcontractors through the web -based Equal Opportunity Reporting System (EORS), BizWeb. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions concerning the completion or submission of this information, contact the FDOT EOO at (850) 414-4747. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are part icipating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBEs and non -DBEs. A form is included to record bidders' information for ALL subcontractors or sub -consultants who quoted to you for specific projects for this letting. If a contractor quoted to you for more than one project you only need list that contractor once. If you have submitted a bidder's list to the Department previously, you need only list new companies who have quoted to you or requested to be on specific projects. If you do not know the answers to numbers 2, 3, 4, or 5 you may leave them blank and the Department will complete them. This information should be returned with your bid package or proposal package or submitted to the Equal Opportunity Office within three days of your submission. It can be mailed or faxed. Please reply to: Florida Department of Transportation Equal Opportunity Office 605 Suwannee Street, MS 65 Tallahassee, FL 32399-0450 (850) 4144747 (850) 4144879 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION STATEMENT 275-030-11 EQUAL OPPORTUNITY OFFICE 03111 Page 2 of B 1. FINANCIAL PROJECT NO. 13, 2. FAP NO. 15. TITLE OF SUBMITTER 3. CONTRACT NO. 4. COUNTY(IES) 5. DISTRICT 17. FAX NUMBER 18. PHONE NUMBER 1 wt Y � S2 - ` 19 9 �1 ;? - c - 7 tui c -VL. THE FOLLOWING SECTIONS ARE FOR FDOT USE 6. PRIME CONTRACTOR NAME 19 .PROCESSED BY 7. FFEI/D NUMBER 21. LETTING DATE 22. EXECUTED DATE 23. PRECON CONF DATE we 8. CONTRACT DO LAR AMOUNT 9. REVISION? IF YES, REVISION NUMBER: 10. IS THE PRIME CONTRACTOR A FLORIDA—/ CERTIFIED "DBE"? (DISADVANTAGED BUSINESS ENTERPRISE) LIr' NO ❑ YES 11. IS THE WORK OF THIS CONTRACT CONSTRUCTION ❑ OR MAINTENANCE P07 12. ANTICIPATED DBE SUBCONTRACTS: EO25.lNCLUDED IN DBE PARTICIPATION REPORT OF MIDIY DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT PERCENT OF CONTRACT DOLLARS A B C D E 12F TOTAL DOLLARS TO DBE's 12G TOTAL PERCENT OF CONTRACT $0400 0.00% SUBMITTED BY 14 .DATE 15. TITLE OF SUBMITTER jb 16. EMAIL ADDREA, S OF SUBMITTER 17. FAX NUMBER 18. PHONE NUMBER 1 wt Y � S2 - ` 19 9 �1 ;? - c - 7 tui NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY FUNDED FDOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS, THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT USE 19 .PROCESSED BY 20. DATE TO EO OFFICE 21. LETTING DATE 22. EXECUTED DATE 23. PRECON CONF DATE DIST 24 .SUBMITTED TO EO BY ❑ FAX ❑ EMAIL ❑ SHARED FOLDER EO25.lNCLUDED IN DBE PARTICIPATION REPORT OF MIDIY OFC 470-2 275-4030-11 EQUAL OPPORTUNITY OFFICE 03111 Page 3 of 8 Equal Opportunity Reporting System Information To comply with changes in the Disadvantaged Business Enterprise (DBE) Program, the Department is collecting both actual payments made to subcontractors and sub -consultants, and DBE commitment amounts. Actual payments will be collected through the web based Equal Opportunity Reporting System (EORS) and commitments will be collected throu the Anticipated DBE Participation Statements. It is extremely important that you continue to submit the Anticipated DBE Participation Statement at the pre construction conference for all federal and state funded projects. This primary information is used by the State and Federal Government to evaluate our performance in the DBE Program. In addition, for federal and state funded projects, you must also report actual payments in the Equal Opportunity Reporting System. Revisions were made to the specifications beginning with the October 2000 letting that states in section 9-6.7: The Contractor is required to report monthly, through the Department's Equal Opportunity Reporting System on the Internet at www.dot.state.fl.us, actual payments, retainage, minority status, and the work type of all subcontractors and suppliers. Since the specifications were revised, we have made some additional modifications to ease the burden on the contractor. We will pursue making the permanent modifications to the specifications. In the interim, each month you must report actual payments to all DBE subcontractors, sub -consultants and suppliers. Payments to all non -DBE subcontractors and sub consultants will need to be reported either monthly or at the end of the project Payments to non -DBE suppliers need not be reported at all This information can be submitted in hard copy form if necessary. Instructions for accessing the EORS are included. If you have any questions, please contact the Equal Opportunity Office at (850) 4144747. INSTRUCTIONS FOR ACCESSING THE EQUAL OPPORTUNITY REPORTING SYSTEM Purpose The Florida Department of Transportation, Equal Opportunity Office has been charged with requirements of reporting Disadvantaged Business Enterprise Information to the U.S. Department of Transportation, Federal Highway Administration (FHWA) according to the new 49 Code of Federal Regulations Part 26, The Equal Opportunity Reporting system was developed as a solution to collect this information. Objective The Equal Opportunity Reporting system will collect information of actual payments and retainage paid to the Prime ConsultantlContractor by the Department of Transportation and the Prime Consultant/Contractor's actual payments and retainage paid to their subs and suppliers, by the type of work they performed. The reporting of this information will be performed by the Prime on a monthly basis for an invoice or estimate number per contract. To establish access to the new Equal Opportunity Reporting System (BizWeb), contact Business Innovations Plus toll-free at 1-877-249-8725. The site location is http://www.bipincweuapps,comibizweui orida! 470-3 r INSTRUCTIONS FOR COMPLETING DBEIAA PLAN 275-030-1 1 EQUAL OPPORTUNITY OFFICE 03/11 Paye 4 of 8 NOTE: THE DBEIAA PLAN MUST BE APPROVED BY THE EQUAL OPPORTUNITY OFFICE AND COMPLETED IN ACCORDANCE WITH CHAPTER 14=78, FLORIDA ADMINISTRATIVE CODE DBEIAA PLANS DBE/AA Plans must be submitted by the prime contractor, be submitted on company letterhead (first page only), signed by a company official, dated and contain all elements of an effective DBE/AA Plan (sample enclosed). Plans that do not meet these mandatory requirements may not be approved. Approvals are fora (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. MAlL P -CANS TO: Florida Department of Transportation Equal Opportunity Office 605 Suwannee Street, MS 65 Tallahassee, Florida 32399-0450 Questions concerning the DBE/AA Plan may be directed to the Contract Compliance Section by calling (850) 414- 4747. DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT 275-030-11 EQUAL OPPORTUNITY OFFICE 03111 Page 5 W a It is the policy of � vLLI�. I �` S �---i✓V1,- Y1�,�%i, � � �--vac . that disadvantaged businesses, as defined by 49 CFR Part 26, Sub D and implemented under Rul apter 14-78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between the Florida Department of Transportation and i ' v S ° �- __ Subcontractors and/or suppliers to �L�- C= s- will also be bound by the requirements of Rule Chapte 4-78 F.A.C. -��yvt(i'kl,�, (�L'�•lA/ ZL A LAI v,c 1 - t,1f , and it's subcontractors shall take all necessary and reaso able steps in accordance with Cha fer 14-78, F.A.C., to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation. discriminate on the basis of -race, color with the Department of Transportation. ,and its subcontractors shall not sex, or age in the administration of contracts u��-�- �b � �---���U�£�-��� � --� �-�• ,has designated and appointed 3 a Liaison Officer to develop, m intain, and monitor the DBE Affirmau Action Plan implementation. The Liaison 1 Officer will be responsible for disseminating this policy statement throughout and to disadvantaged controlled businesses. The statement is posted on notice boards of the Company. X X OL 1 I Date 470-5 President 275-030-11 EQUAL OPPORTUNITY OFFICE 03/11 Page 6 of 8 I. DESIGNATION OF LIAISON OFFICER ,i p �LL-Vi k�DSeC,ycyyC_G1e. k will aggressively recruit disadvantaged businesses as subcontractor nd suppliers for all contracts with4he Florida Department of Transportation. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: {1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; {2) The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of Transportation. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department Transportation. (Liaison Ofificer's Name) Your Company's Name) Your Company's Address) (Phone Number for Liaison Officer) (Enter FEIN or Tax Id Number) II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan has identified the following known barriers to participation by c proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; 3. Lack of interest in perf orming on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. view of the barriers to disa vantage businesses stated above, it shall be the policy of to provide opportunity by utilizing the following affirms ive actio thods to a ure articipatipn the contracts with the Florida Department of Transportation. 'V'1,00 (' o„A �n cn i �7 a� iL F . will: 1. Provide writt en notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advert ise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 470-6 275 -OM -1 1 EQUAL OPPORTUNITY OFFICE 03!1 1 Page 7 of 8 4. Provide adequate information about the plans, specifications, and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so; 6. Attend pre-bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. ' UVt � o .�-�, �--�>�� �vL(" � v _ c , understands that this list of affirmative action methods is not exhabstive and will include additional_a4r6aches after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective. III. IMPLEMENTATION On contracts with specific DBE goals, 1 l VU2 \� u\ �b P _ �v F� E'�Tl Y.-4� will rnake every effort to meet contract goals as stated by utilizing-Ashffirmative action methods. On projects . i h no specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors where work is to be subcontracted. IV. REPORTING are necessary to determine Company's compliance 1l� shall keep and maintain such records as its DBE Affirmative Action Plan. The Company will design its record keeping system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Florida Department of Transportation projects; 4. The Company shall comply with Florida Department of Transportation's requirements regarding payments to subcontractors including DBEs for each month (estimate period) in which the companies have worked. V. BE DIRECTORY b by the Florida Departm will utilize the DBE Directory published The Company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. 470-7 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of - f (b VU � } County of 1,V '. } (Name/s) being first duly sworn, disposes and says that: 1. They are"I"1(i� L6i/ct of V1 V-VA0 u U) %Usc cuVj, ,f the Bidder that (Title) (Name of Company) has submitted the attached bid; 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, or employees parties in Y interest, including this affiant, has in any, way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and propel and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ! (Title) STATE OF FLORIDA } COUNTY OF INDIAN RIVER)SS: The foregoing instrument was acknowledged before me this (Date) by I t w1t7 C' who is personally known to me or who has produced >� �{ as identification and who did idof Make an -oath. ry qPPpLBr VICKIELEEIWRIGHT I; Nota rint sl n nam z * e �V * o Notary Public h state of Florida (P 9 ) Commission No. �D'7 S% 'V My C�ammitalon Exla, March 11, 2012. Ummlulon II! DO 766883 E ... _ id a 00472 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00472 - NONCOLLUSION AFFIDAVIT OF PRIME BIDDER.doc CERTIFICATION REGARDING LOBBYING The undersigned Bidder/Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of anv Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying", 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the awards documents for all subawards at all tiers (including subcontracts,, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352 (1)-(2)(A), any person who makes a prohibited expenditure of fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure] The Bidder/Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. 'I Company Name: ! Authorized By: (Sign) (Print Name) Date:.'D t I Q L, � r i 00474 FAPublic Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00474 - I Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions The Bidder certifies that, the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: I (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.1 10(a), by any federal department or agency; (b) have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property (c) are not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) have not within athree-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." Company Na Authorized B Title: (Sign) (Print Name) eS 00476 Date:_ 081 (ArI t I C F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\00476 - Certification Regarding Debarment.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION OF NON SEGREGATION & NON DISCRIMINATION 275-030-13 EQUAL OPPORTUNITY OFFICE 07109 SECTION 1: PROJECT IDENTIFICATION 1. Financial Project No. Z. F.A P. No. 3. FDOT LAP Contract No. 4. Count5. District or Name of Local Agency 6.Prime Contractor's Name _ 7.Com an Name of Confractor Su tier, Rental Com an or A en. L;bmitting this certifi tion 18. FEID No of Co, in Box 7 I kfo nktrk.eLk e_ �. Ire ;A- ;A %A C'. % S- �?Lf SECTION 2: CE -R IFICATION STATEMENTS —) CERTIFICATION OF CERTIFICATION OF NONSEGREGATED FACILITIES NON DISCRIMINATION As a federally assisted construction contractor, I As a contractor, sub recipient or subcontractor on a hereby certify: the following for t his company: Federally funded contract, this company certifies that it A. This company does not maintain or provide shall not discriminate on the basis of race, color, national any segregated facilities for employees at origin, or sex in the performance of such contracts. any of our establishments and we do not The contractor shall carry out applicable requirements of permit our employees to perform their 49 CFR Part 26 in the award and administration of DOT services at any location, under our control, assisted contracts. ,The company agrees that a failure to where segregated facilities are maintained. carry out these requirements is a material breach of B. Agreement that a breach of this certification contract, which may result in the contract's- termination or is a violation of the equal opportunity clause such other remedy as the recipient deems appropriate. in this contract Each subcontract, rental agreement and or material C. We will obtain and retain identical supplier agreement this company subsequently enters certifications from proposed subcontractors into for this contact will require this same Certification. prior to the award of subcontracts exceeding It is the policy of this company to assure that applicants $10,000 which are not exempt from the are employed, and that employees are treated during provisions of the equal opportunity clause. employment, without regard to their race, religion, sex, As used in this certification, the terms "segregated color, national origin, age or disability. Actions include: facilities" means any waiting rooms, work areas, employment, upgrading, demotion, or transfer;recruitment or recruitment advertising; layoff or restrooms and washrooms, restaurants and termination rates of pay and other forms of fountains, recreation or entertainment area, compensation; and selection for training, including transportation, and housing facilities provided for apprenticeship, pre apprenticeship, and/or on-the-job employees which are segregated by explicit training. directives or are in fact segregated on the basis of race, color, religion or national origin because of This certification extends to the project identified above habit, local custom, or any other reason. and affirms our commitment to insure nondiscrimination and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions of FHWA-1273. Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are incor orated in this certification. 9. Name first/last of corporate Official signing Certification 10. Job Title of person named in Box 9 It o L 1 -��Lk -e vAJ 11. Signature of SgArify 12. Date of Signature �cjiall 00490-1 275-030-13 EQUAL OPPORTUNITY OFFICE 07!09 Certification of Non Segregation & Non Discrimination Instructions for Completing Form This form is provided to contractors on federally assisted road and bridge construction projects to affirm their commitmer,. to nondiscrimination and non segregated facilities during the term of a contract. Box 1: Fin. Proj No. —The Financia( Project Number Box 2. FAP No. — The Federal Aid Project Number assigned to federally funded projects or 'non -FAP' Box 3: FDOT LAP Contract No. — The project's Local Area Project ('LAP') number Box 4: County — County or counties project work is being performed in Box 5: District or Local Agency — The Department's District Number Designation where the project is located Districts are 1-7, and the Turnpike District or the name of the city, county or entity administering the contract Box 6: Prime Contractor Name —The name of the prime contractor. Box 7: Company Name of Contractor, Supplier, Rental Company or Agency Submitting this certification — name of company submitting the certification Box 8: FEID No. — Federal Identification Number of company named in Box 7 Box 9: Name (first, fast (of corporate official signing certification. —First name, last name Box 10: Job Title of person named in Box 9 —job title Box 11: Signature of Certifying Official — signature of person named in -Box 9 Box 12: Date of signature — Month/day/year of signature 00490-2 BUY AMERICA CERTIFICATE CF CQMPI IANCE CERTIFICATE OF GOMPUANCE COMPLIANCE The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy America requirements. Bidder acknowledges that it will be required to produce Buy America certification(s) from the producers) of the steel or iron or components prior to incorporating any such materials into the work or project. Company Narr Authorized By: Title: (Sign) (Print Name} 00492 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents100492 -BUY AMERICA CERTIFICATE OF COMPLIANCE.doc I DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that Vv vv 15� �1(C... lyt� ��_�. does: (Name of Business) _ 1. Publish a statement notifying employees that the unla%A ful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. t2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this mplies fully with the above requirements. _00��% Bidders Signature 091 1 ::-I 2a l � Date ` 00494 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Adrnim\Contract Documents\00494 -DRUG FREE WORKPLACE CERTIFICATION.doc LWJ WK Y o � O L a UJ m o :3 z f/1 :2 LL �p d W 0 O 0 o U O L1-. w _ a F- W U Z n � 0 0 U o o o � O U {� C CU O d U Y o � O L a UJ m o :3 z f/1 :2 LL �p d W 0 O 0 o U O L1-. w _ a F- W U Z H a z LL O Z Cw L Q a w r L O J LL LL O N O O w CD Z C3- cus O 0 cr � o c 0 U O U {� C CU d C) m U W Nq L n V E TO�opm]_v. V D y� \1J i Z H a z LL O Z Cw L Q a w r L O J LL LL O N O O w CD Z C3- cus O 0 cr � 8, NON c 0 U 0 U ii 8, NON PPQd COaO LL c 3 �n O�mm mv a�o�C m U Ya � mm- C- m- EmUm- rm m �m tT CC O U T L � r o J c� £ o �nv•ymm�Q� r.YCONCU(O da onm cpmCVmmCm—O�CuYv Ov m@ ommm�m mC `_ pOmw mlt E y�aLmUU Ema�Q�NavQOmmm��T'fd Cp ` 0m c U noy �POU�m�pmC3C=QmmOUo mv> mC m `mm i- _ mnupa m Uo < N 0 j O LL mm LL uP .E 0 6 0 2 m N 0 o E ocu m L m m ; m�p C NTD o C On" � 0 ` _ W 1- 0 Um003t T m dmA- u. c��mmFUOCOcUaOO ofl l - I 0500- TO�opm]_v. U T �nv•ymm�Q� r.YCONCU(O da onm cpmCVmmCm—O�CuYv Ov m@ ommm�m mC `_ pOmw mlt E y�aLmUU Ema�Q�NavQOmmm��T'fd Cp ` 0m c U noy �POU�m�pmC3C=QmmOUo mv> mC m `mm i- _ mnupa m Uo < N 0 j O LL mm LL uP .E 0 6 0 2 m N 0 o E ocu m L m m ; m�p C NTD o C On" � 0 ` _ W 1- 0 Um003t T m dmA- u. c��mmFUOCOcUaOO ofl l - I 0500- 0500- 00496-2 LU <�a -T �' O N O a � z _O U O a U 00496-2 LU o U Q Q i , LLJ O ¢ IM-MMM I Q O �( m 1) f- D O}O U) o LIJ Wo iM- G :ELOQ Q o U)z��� o QO � U z ULLI m p o if7 � OiM-UB 41 J, z ° O Ucf� L+�i 1. �' OLij J S =� zO0 :ZO o QOQ `� �IM--J mU Q5O O -ID- F W LUN ^_�)p O U E - v)) -M Cf) O�O 0 i� oho Q to O t ,^ p(� �l C� Y�J U,} `I m o Q 00.9E E y m cu (u cz V) Q Q fl no�� OM U Q C`t C o O<LF c m s z - cn N QZo D I C 0 o�"c m ENU Am m��3 MMO _o o `D 0 O CU O C O Z U u O a � CUA O Q- C) O L Q7 LU 0 0 �C) I rAU1i NQ W Q 0 Jo T T _ j OO —: i ili o� c oOf > �� m c �{II"^/nv���, V) J N 0 Jp jL�1 I ." v�i�— U) C o Eo_a��y � Q U �9} � .o L o o Z N a) U O O cc O O Z -0 ro v cv 00496-2 0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LAP CERTIFICATION OF CURRENT CAPACITY CONFIDENTIAL i 1 For bids to be received on C) I I I (Letting Date) CERTIFICATE 525-01046 PRODUCTION SUPPORT 12/09 Page 1 of 2 Fill in your FDOT Vendor Number wnry a{��ncaoie to ruv f pre-quahhed contractors) I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total un�mpleted work- as shown cn the "Status of Contracts on Hand" report (page 2) I further certify that the "Status of Contracts on Hand" report (page 2) was prepared as follows: 1. If the letting is before the 25th day of the month, the certificate and report reflect the uncompleted work as of the 15'" day of the month, last preceding the month of the letting. 2. If the letting is after the 25th day of the month, the certificate and report reflects the uncompleted work in progress as of the 15th day of the month of the letting. 3. All new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report and charged against our total rating. I certify that the information above is correct. Sworn to and subscribed this 1; day of i.t s"� 20 C 1 OQ496-1 Title Instructions for Form: The contractor must provide enough information through a Schedule "A" spreadsheet to determine which pay-item(s) are being sublet, the amounts, and cost. For sublet calculations, the amount will be calculated based on the actual contract unit price(s) unless there is a partial sublet. For partial sublets, use the unit prices from the actual sub -contract. 1) Enter the Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1. 3) Enter the Federal Aid Project number for the Prime Contractor if any. 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the work is being performed. 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount (round to nearest whole dollar). 10) Enter a "Y" in the space marked Change if any information on the line has changed since the previous certification of sublet work was prepared. Otherwise, leave blank. 11) Enter the Subcontractor names. Enter all the subcontractor(s) regardless of their tier. 12) Enter the tier number for the subcontractor. If the subcontractor works directly for the Prime Contractor, enter a "1 ". If he works one level below, enter a "2". and so on. 13) Enter the FEID number of the Subcontractor(s). _. 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor, 15) Enter a short description of the work to be performed. 16) Enter a "P" if any pay -item for the sublet is a partial sublet. 17) Enter the DBE status for the subcontractor: "D" for DBE, "N" for non -DBE. oil 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain '- certain classes of work that require specific expertise. 19) One (1) copy of this form shall be submitted to the District Office by the contractor. 20) To be signed by principal of the firm or someone with the delegated authority and notarized. 00500-2 CLARIFICATIONS / CORRECTIONS. 1. The most recent Official USDOL Wage Decision last updated 7/1/11 for FL317 is included in this addendum. This Wage Decision shall apply for the duration of the project. ATTACHMENTS: 1. Pre Bid Meeting Minutes 2. Official USDOL Wage Decision last updated 7/1/11 for FL317 *************This Addendum MUST be returned with your Did************** ADDENDUM NO. 1 is submitted by: and Company Name Name: pe /Printed) Authorized Signature Telephone: Michael D Manager U Nixon, P.E., Roadway Production Purchasing Manager Page 2 of 2 F:1Public Works\ENGINEERING DIVISION PRO.IECTS\1024-17thStreet and IR Blvd intersection\Admin\Contract Documents\AddendumslAddendum BOARD OF COUNTY COMMISSIONERS September 131 2011 Timothy Rose Contracting, Inc. Attn: Mr. Tim Rose 1360 SW Old Dixie Hwy, Suite 106 Vero Beach, FL 32962 NOTICE OF AWARD Reference: Indian River County Bid No. 2011048 Indian River Blvd and] 7 1h Street Intersection Improvements Dear Mr. Rose: I am pleased to inform you that on September 13, 2011, the Board of County Commissioners awarded the above -referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond in the amount of 100% of the contract amount. ($105,564.67). 2. Certificate of Insurance must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Public Construction Bond for the above referenced project. Please submit the Bond and Certificate of Insurance to this office at the address provided below no later than September 28, 2011. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. In addition, enclosed are two (2) copies of the Agreement. PLEASE EXECUTE BOTH COPIES AND RETURN THEM TO THIS OFFICE TOGETHER WITH THE REQUIRED BOND and CERTIFICATE OF INSURANCE. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office. Sincerely, Jerry Davis, Purchasing Manager cc: Michael D. Nixon, P.E., Engineering Office of Management and Budget •Purchasing Division 1800 27t'' Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: Hui chasing(dircgov.com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title ARTICLE1 - WORK.................................................................................................................................2 ARTICLE2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................................2 ARTICLE4 -CONTRACT TIMES..........................................................................................................2 ARTICLE5 -CONTRACT PRICE..........................................................................................................3 ARTICLE6 -PAYMENT PROCEDURES..............................................................................................3 ARTICLE7 -INDEMNIFICATION........................................................................................................5 ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE9 -CONTRACT DOCUMENTS.............................................................................................6 ARTICLE10 -MISCELLANEOUS.........................................................................................................7 WAS LEFT B 00520 -Agreement (Public Works) REV 04-07.doc 00520 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreel and IR Blvd InlerseclionWdmim\Contract Documents\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) and fi (4ti1�'i� (hereinafter called CONTR OR). 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: f� TS PROVIDE BETTER VISABILITY N RIVER BOULE R MOTORISTS A RESURFACING 17 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 . and 17`" St. County Project Number: 1024 Project Address: Indian River Blvd. & 17th St., Vero Beach, 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 and Final Payment A. The Work will be substantially completed on or before the 60"' 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 00520 -Agreement (Public Works) REV 04-07 00520 - 2 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content.0utlook\240261X6\00520 -Agreement (Public Works) REV 04-07.doc 14.07 of the General Conditions on or before the 90th day after the date when the Contract Times commence to run. 4.03 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 90th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $388.00 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 $388.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ C �i • % Written Amount: ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. 00520 -Agreement (Public Works) REV 04-07 00520 - 3 C:\Documents and Settings\mmclaughlin\Local SettingslTemporary Internet Files\Conlent.0utlook\24026LX8\00520 -Agreement (Public Works) REV 04-07.doc .The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR 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 00520 -Agreement (Public Works) REV 04-07 00520 - 4 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Conlent.0ullook\24026LX8\00520 -Agreement (Public Works) REV 04-07.doc under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any furt her 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 perf ormed 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 00520 -Agreement (Public Works) REV 04-07 00520 - 5 C:\Documents and Settings\mmclaughlin\Local Seto; ngs\Tempore ry Internet Files\Content.0utlook\24026LX8\00520 -Agreement (Public Works) REV 04-07.doc Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-8, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. General Conditions (pages 00700-1 to 00700-44, inclusive); 5. Supplementary Conditions (pages 00800-1 to 00800-10, inclusive); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings consisting of a cover sheet and sheets numbered 1 through 8, inclusive, with each sheet bearing the following general title: Indian River Blvd./ I i St Intersection Improvements, IRC Project No. 1024, FM No. 422914-1-58-01, Dated 12-17-10; 8. Addenda (numbers . to j., inclusive); 9. Appendices to this Agreement (enumerated as follows): Appendix A —Permits; Appendix B -Federal Required Contract Provisions; Appendix C — FHWA 1273; 10. CONTRACTOR'S BID (pages 1 to 7, inclusive); 11. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), 12. List of Subcontractors (page 1 inclusive); 13. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2, inclusive); 14. Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive); 15. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; 00520 -Agreement (Public Works) REV 04-07 00520 - 6 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content.0utlook\24026LX8\00520 -Agreement (Public Works) REV 04-07.doc b) Work Change Directives; c) Change Orders) and 16. Contractor's Final Certificate of the Work (page 00632 — 1 & 2) 17. Division I - General Requirements and 18. Division I I —Technical Provisions. 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. 00520 -Agreement (Public Works) REV 04-07 00520 - 7 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Conlent.0utlook\240261.X8\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 by the Indian River County Board Agreement). OWNER: INDIAN RIVER COUNTY By: By: september 13, 201 gthe date the Contract is approved of County Commissioners, which is the Effective Date of the Bob Solari, Chairman ONN BairdCounty Administrator / } APPROVED AS SUFFICIENCY: By: L t , TO FORM AND LEGAL Polackwich, Sr., County Attorney Jeffrey K. Barton, Clerk of Court Attest: (SEAL) Deputy Clerk Designated Representative: Name: Christopher J. Kafer Jr. Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 a Facsimile: (772) 778-9391 ? P.E. CONTRACTOR: By: Attest (Contractor)'",;,,,, aR�fTf�,4TF ��AI 1 Address for giving notice . 1 '3Gi n .old) L. A / t n (Where applicable) Agent for service of process: Designated Ref Title: Address: Phone: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * *END OF SECTION * * 00520 -Agreement (Public Works) REV 04-07 00520 - 8 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Contenl.0ullook\240261-X8\00520 -Agreement (Public Works) REV 04-07.doc 2165682 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2526 PG:1562, Pagel of 3 1010312011 at 02:59 PM. JEFFREY K BARTON, CLERK OF COURT THIS BOND 15 GIVEN TO COMPLY WITW SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. Public Work F.S. Chapter 255.05 (1)(a) Cover Page BOND NO: Ct)NTRACI'OR NAME: corrrRncTOR annREss: CONTRACTOR PHONl? Nt): SU1tE'fY COMPANY NAME: SURETY PRINCIPAL. BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME owNt.0 Auux>�s: OWNER PHONE NO: Timothy Rose Contracting, Inc. --.-_-_ ____. 1360 SW Old Dixie Hwy, Ste 106 Vero Beach, FL 32962 772-564-7800 Developers Surety and Indemnity Company 100 Second Avenue South, Ste 704S St. Petersburg, FL 33701 ' 727-822-5610 Indian River County Board of County Commissioners OsI.1GEE NMI? A: (If osrnlraaiing enlily i! Jiflrrenl fnun the owner, the contracting Public rntity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: coNTRncr No: (li• applicable) nrsCRIPTION or wolzl<: PROJECT LOCATION: LEC AL DESCRIPTION: (tf ,pplic�hlc) 1800 27 Street Vero Beach, FL 32960 72-226-1416 $105,564.67 2011048 Indian River Blvd. Improvements Vero Beach, FL and 17 Street Intersection V I- r BUNT PAGE All other bond pa�r(i) are drrmerl suh�rrpu•n1 In this pare re�rnnllas ul any p0g! 11LLotbtl'(s) tbal N9y be printed tbcrtoa 00610 - 2 bOnd.tloc 00610 -Public ConatruGti4n F:\Fubiic WoIksIENGiNEEITINC OIvISION PROJECTS\1024-17lltSlrect and IR Rivd IntersedinnVlrimimlConVact Documents\00610 - Orrhlir f:nnafnrrfinn Rnnri rtrr PUBLIC. CONSTRUCTION BOND Bond No. 478978P jenter bond number BY THIS I1OND, We Timothy Rose Contracting, Incas Prin�ipal and Developers reea and Indemni ya corporation, as Surety, are bound to In pan Ri n my herein called Owner, in the sum of $ 105 111564.67 ,for payment of w iC we ionrs bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the co tract dated S'D . , between Principal and Owner for In ian Rive Street Interse 1 construction of-Tm�rc�veme is fV Khtract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials 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 (imitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Suretys obligation under this bond.is "41 4, 1 , r Y.r J DATED ON September 26, 2011 `�.�t��•, .ky' Timothy Rose Contracti �j (Name of Principa II I& 0010, It C 1 R. By # '., Timo by Rose Pres n1< j Developers Surety an 3nc einnib N e of Sur it B Robert Barra Attorney'lIn Fact 00610 - 3 F;\Public WOrks\ENGINEERING DNISION FIN M.,1%3% 102 a", r uiStreet and IR Blvd IntersecdonlAdmlmuAinadot ItDocuments\00610 It. Puhlic ConstniaoA RandAm 4/8918P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, consbtute and appoint: ""Robert Barra*** A 1 1 11 • « I' 1.i YI 1 •1" • • • I .111 •I .I• 1• I •: .il 111 I A 1 I 1 1 •• • 1 1 ;• 1 �• 1 .1'., :1 "•• 1 11' '1 I' 11 11 11 I 1 r • •• 11 .11 11 1 I• . • «" I «� • 111 - I. waa This Power of Attorney a granted and is signed by facskrr8e under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the ccxpo- ration be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Power of Attorney or to any oertiflcate relating thereto by facsimile, and any such Power of Attorney or certifxcate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary the January 10t, 2008. \, / ,,.1.11..1«,.,,, By: ,sty/ AND Daniel Young, VKe-President -•sa *1 o ova 66 pZ ' r^ v F OCT- aZS00 10 Stephen T. Pate, Senior Vice -President ��0jJ ti 19 3 5 State of Calrfomia County of Orange per>orraiy appeared Daniel Young and Stephen T. Pate _ Names) of Sgner(s) 1: I I the instrumeriL •1AW PUBW CALFORNIA OFunder the Imof the State ICaliforniathat the paragraph ORANGE O 1 trimand correct 10MV explimm Aug. 9, 2013 WITNESS my hand and official seal. LA a-, pt Place Notary Seal Above Signature .�i:...y��tl�4. 1: Antonio Alvarado, Notary Pubic ' :4 CERTIFICATEwcNtfir The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certtf Uoo' We rforarh powv zw rernains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation Wf T0 awe.O, force as of the date of this Certi ficate. This Certificate is executed in the City of Irvine, California, this 26 day of September• 2011 By: regg Oku Stant Secretary 60rID-1438(Rev.01/11) >' From Tani Jacobson FaxID:STUINS-FAX01 Page 2 of 2 Date:9/23/2011 11:00 AM Page:2 of 2 AICO'RO" V CERTIFICATE OF LIABILITY INSURANCE OP ID: TJ DATE (MMIDDN YYY) 09/23111 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 andnrswninnin l PRODUCER CONTACT Stuart Insurance, Inc. 772-2864334 NAME: 3070 S W Mapp 772-286-9389 PAHOFE EK FAX Palm City, FL 34990 E.M L (A/C, Not: Rick Halcomb, CIC, ARM ADDRESS: PRODUCER TIMOR -1 CUSTOMER ID t INSURER(S) AFFORDING COVERAGE NAIC t __ INSURED Timothy Rose INSURER A: Westfield Insurance _ 24112 Contracting, Inc. INSURER B 1360 Old Dixie Hwy SW Vero Beach, FL 32962 INSURERC: INSURER D: INSURER E INSURER F ; COVERAGES rCRTICII`ATC KII IRADCD• - --""- --"— IV —'"'--"' RCYWIVIVfVUMtltK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR POLICY NUMBER MMIODIYYYY MMIDDIYYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Contractual Llab X CMM6079889 06/06/11 06/06/12 EACH OCCURRENCE $ 1,oO0,00 X DAMAGE 7U777rn' PREMISES Ea occurrence $ 100100 MED EXP (Anyone person) $ 5100 X PERSONAL & ADV INJURY $ 10000100 X Incl XCU GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. FR0- LOC POLICY 41 PRODUCTS- COMP/OP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CMM6079889 06106/11 06/06/12 COMBINED SINGLE LIMIT Ea accident) $ 19000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ' PROPERTY DAMAGE (Per accident) $ X X $ A A UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE N/A CMM6079889 CMM6079889 06/06/11 06/06/11 06/06/12 06/06/12 EACH OCCURRENCE $ 31000,00 AGGREGATE $ 3,000,000 DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERJEXECUTIVEE.L. Of yes. describe ntlP�.CERIMEMBER EXCLUDED? and ❑ (Mandatory In er DESCRIPTION OF OPERATIONS below ontractors Equip WC STATU- OTH- TORY LIMITS ER $ EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ E L DISEASE- POLICY LIMIT Rented Equipment $ 50,00 $1000 de DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Grading of Land/Ske Prep - State of Florida RE:Indlan River Blvd & 17t St Intersection Improvements -Indian River County Is additional Insured for general liability (30 days notice of cancellation) :141 a:1 IRCBC-1 Indian River County Purchasing Division 1800 27th Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Vero Beach, FL 32960 THE EXPIRATION DATE THEREOF, NOi10E WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2009 ACORD CORPORATION. Ail rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD iguulf „ CERTIFICATE 4F LIABILITY INSURANCE CERI I1ICATEN0DATE Hell-]-�8snules-1o4naen 9/23!'701] 2:OH:36PM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 5501 Lint Risk yr SUITE LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5501 I , FR75240, 80Ixs 1200 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dallas, TX 75240 (800) 728-0623 (972) 404-0380 Fax: (972) 404-0380 INSURERS AFFORDING COVERAGE INSURED: pPS 1/c/f: INSURER A: 'C" MO; NY ROS}'• INSURER 8: 1300 SW OLD DIXIE HWY SUITE 1.00 VENO B:ACH, FL 32962 INSURER C: ("7'12) 206-4334 Fax: INSURER D. INSURER E. THE POLICIES OF INSURANCE L187ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK)D MIDICATEDa NOTWITHSTANDING ANY REOUNiEME. 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 POL)CIES. AGGREGATE LIMIT'S BROWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 7tAl. LIABR.ITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F'j OCCUR GEN'L AGGREGATE LJMIT APPLIES PER: I POLICY n TA 1 ^ 1 LOC AUTOMOBILE LUU3ILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILRY ANY AUTO EXCESS LIABILITY OCCUR �CLAIMSMADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND DPEOU12C144U0(0 EMPLOYERS' LIABILITY OTHER 03/23/2011 101/01/2012 EACH OCCURRENCE S FIRE DAMAGE (Any One FM) $ MED EXP (Any, one person) S PERSONAL & ADV INJURY 3 GENE RAL AGGREGATE S PRODUCTS-COMPfOPAGO li COMBINED SINGLE LIMIT ( 3 (Ee ecddent) BODILY INJURY (Per person) BODILY tNURY 'S (Per ecddent) PROPERTY DAMAGE $ (Pereccidenq AUTO a E L EACH ACCIDENT S E L DISEASE - EA EMPLOYEE i E L. DISEASE • POLICY LIMIT 3 LIMITS I S LIMITS S . This certificate remains in effect, provided the cl.i.ent.'s accounC is :in gciod standingq with PPS. Overage i.s not provided far any employee for which the client: is not repportingq wages fo PPS. aplies to 1C0� of the emplo ees of PPS leased tD TIMOTHY ROSE CONTRPCTTNG, TNC., effective 3123/201.1. 2. Insured .is e policy for employees leased aed ffrom PPS. Workers c:Dmpensation ti t:mj,oyer.9 l..i.ability as a co-emp_oyer under 1 CERTIFICATE HOLDER ( 1ADDITIONALINSURED;INSURERLETIER: iNDIhN RPdEH CUUiJ';'r' PURCHA"11N(:, ONLY, EA ACCIDENT 3 OTHER THAN EA ACC AUTO ONLY: AGG B S EACH OCCURRENCE S AGGREGATE Is a E L EACH ACCIDENT S E L DISEASE - EA EMPLOYEE i E L. DISEASE • POLICY LIMIT 3 LIMITS I S LIMITS S . This certificate remains in effect, provided the cl.i.ent.'s accounC is :in gciod standingq with PPS. Overage i.s not provided far any employee for which the client: is not repportingq wages fo PPS. aplies to 1C0� of the emplo ees of PPS leased tD TIMOTHY ROSE CONTRPCTTNG, TNC., effective 3123/201.1. 2. Insured .is e policy for employees leased aed ffrom PPS. Workers c:Dmpensation ti t:mj,oyer.9 l..i.ability as a co-emp_oyer under 1 CERTIFICATE HOLDER ( 1ADDITIONALINSURED;INSURERLETIER: iNDIhN RPdEH CUUiJ';'r' PURCHA"11N(:, 1GOG 2"'I'FI ST BLDG B CANCELLATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA0.URE TO 00 60 SHALL IMPOSE NO OBLgATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORQED REPRESENTATIVE r" ' SECTION 00550 = Notice to Proceed [Certified Mail -- Return Receipt Requested] TO: ADDRESS: Contract For: (BIDDER) Indian River Blvd. & 17th St. Intersection Improvements IRC Project No: 1024 IRC Bid No. 2011048 Dated You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 60 days for Substantial Completion of this project and 90 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 aft 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) Stormwater Pollution Prevention Plan shall be approved by Michael D. Nixon, P.E. and the Indian River County Sr. Stormwater Inspector. Submit a Maintenance of Traffic Plan to be approved by the Indian River County Traffic Engineer through Michael D. Nixon P.E. By: INDIAN RIVER COUNTY (OWNER) (AUTHORIZED SIGNATURE) Michael D. Nixon, P.E. Roadway Production Manager END OF SECTION 00550 -Notice to Proceed REV 04-07.doc 00550 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreel and IR Blvd Inlersection\Admim\Contract Documents\00550 -Notice to Proceed REV 04-07.doc Rev. 05101 SECTION 00622 - Contractor's Application for Payment INDIAN RIVER BLVD. & 17TH ST. INTERSECTION IMPROVEMENTS Work hed through the To: Indian River County (OWNER) From: (CONTRACTOR) Bid: 2011048 Project: 1024 1) Attach detailed schedule and copies of all paid invoices. Application for Payment No. throuah 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 00622 -Contractor's Application for Payment - 03-10 rev.doc 00622 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreel and IR Blvd Intersection\Admim\Contract Documents\00622 -Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 to why any release of lien form is not included; Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated gy: (CONTRACTOR —must be signed by an Officer of the Corporation) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of , 20 . (SEAL) is personally known to me as identification. NOTARY PUBLIC: Printed name: Commission No.: Commission Expiration: or has produced **************************************************************************************************** [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\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00622 -Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, ,a corporation, in accordance with Public Construction Bond Number hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT, TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate Surety 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 by the OWNER to the CONTRACTOR Payment. Subscribed and sworn to , 20 of the before foregoing me this Notary Public, State of My Commission Expires: it to approve payment Contractor's Application for day of **************************************************************************************************** [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\1024-t7thStreet and IR Blvd InlersedionWdmim\Contract Documents\00622 -Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] 00622 -Contractor's Application for Payment - 03-10 rev.doc 00622 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th5treet and IR Blvd Intersedion\Admim\Contract Documents\00622 -Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 5 of 5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 00622 -Contractor's Application for Payment - 03-10 rev.doc 00622 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-171hStreet and IR Blvd IntersectionlAdmim\Contract Documents\00622 - Conlrador's Application for Payment - 03-10 rev.doc Rev. 05/01 v O L � O N N O > c -I � O � Z U > OL m L d PAGE 00622-6 SECTION 00630 -Certificate of Substantial Completion Date of Issuance: , 20 OWNER: Indian River County CONTRACTOR: Bid No.: 2011048 Project: Indian River Blvd. & 17th St, Intersection Improvements ENGINEER's Project No. 1024 CONTRACT FOR: Indian River Blvd. & 17th St. Intersection Improvements This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: And T OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 00630 -Certificate of Substantial Completion REV 04-07.doc 00630 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00630 -Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: (For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: ENGINEER: By: (Authorized Signature) (Date). CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) * � END OF SECTION * ' 00630 -Certificate of Substantial Completion REV 04-07.doc 00630 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00630 -Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) STATE OF _ COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of 20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. 00632-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc (Contractor) By: Subscribed and sworn to before me this _day of Notary Public State of Florida at Large My Commission expires: + +END OF SECTION + + (Corporate Seal) 20 00632-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME INDIAN RIVER COUNTY PROJECT # INDIAN RIVER BLVD. & 17T" ST. INTERSECTION IMPROVEMENTS 1024 I FURTHER CERTIFY that I have personally performed the survey work for the preparation A Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] (SURVEYOR'S SEAL) CERTIFIED BY: Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634 -Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07.doc 00634 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00634 -Professional Surveyor and Mappers Certification as to Elevations and Locations of the Work REV 04-07.doc Rev. 06101 STAN DARD 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 Delivery of Bonds..............................................................................................................................8 2.02 Copies of Documents'..",.." "I ... "I .... 8 2.03 Commencement of Contract Times; Notice to Proceed, ............... 01,11.11,11, IIIMMMMMo.V boosted ....... 8 2.04 Starting the Work.... "I'll, IIIIMIIIb..&I Is *mesa ... 1 116,61,11.11 ....... be'* ... 6 a 0 a 0 a a a a a a 0 . . h P ... 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... %on a opmeassam "I ... I... I I I I I a 0 a a a a 0 so &&a &M.1.11 I I I I I I I "1 14 & & &..I a pow a a a a ............... 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...",., *a*mMMMmMMMM MIMIIIIIIIIIV MP11610161111 be a Do cocoa mammas's 6 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,, .1. coalesce's a mb,11111.1 ..... I I I a a a a 0 a a I a a a a & I ..... 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...,....",',"",',, IMIIIIIIIIIII 0. "a Olson *&am a am& ads, ....... 19 6.04 Progress Schedule............................................................................................................................19 6.05 Substitutes and "Or-Equals"..............................................................................................................19 6.07 Patent Fees and Royalties..".,..,.., oI.m@MMMo%* led &%*a comes I memo, comes, I do MaMoAbaM&4 Ilbpoom000m ME mass ..... 4.21 00700 -General Conditions REV 04-07.doc 00700-2 F.\Public Works\ENGINEERING DIVISION PR0IECTSU 024-17thStreet and IR Blvd IntersectionWdtnim\Contract Documents\00700-General Conditions RPV 04-07.doc 6. 08 Permits...............................................................................................................................................22 6.09 Laws and Regulations.,,",',"",',, 11 ... mass, .................. a ... ........ p .... ..... 22 6.10 Taxes.................................................................................................................................................22 6.11 Use of Site and Other Areas.............................................................................................................22 6.13 Safety and Protection........................................................................................................................23 6.14 Safety Representative",",',"",',, mean bm*bwwoplall ............... 23 6.15 Hazard Communication Programs... p Pogo, p 101.110. 11.11,101,101,111. I'loosoumplad mopes ....... a " ban 0, 0, so 0 ... 6 .............. 0 " a 0 ... 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 ARTICLE7 -OTHER WORK........................................................................................................................................26 7.01 Related Work at Site.........................................................................................................................26 7.02 Coordination......................................................................................................................................27 ARTICLE8 -OWNER'S RESPONSIBILITIES.............................................................................................................27 8.01 Communications to Contractor.........................................................................................................27 8.02 Replacement of ENGINEER.,., on 01.6.11,00 10, ............... SEWS27 8.03 Furnish Data......................................................................................................................................27 8.04 Pay Promptly When Due...................................................................................................................27 8.05 Lands and Easements; Reports and Tests......................................................................................27 8.06 Insurance.......................................................................................................................momma .. 11,27 8.07 Change Orders..................................................................................................................................27 8.08 Inspections, Tests, and Approvals..".,, mass 110*41##opos* 8.09 Limitations on OWNER's Responsibilities....,."", I'll, 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......,.., 1111128 9.05 Authorized Variations in Work...........................................................................................................28 9.06 Rejecting Defective Work..................................................................................................................29 9.07 Shop Drawings, Change Orders and Payments............................................................................4.29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work... .... am .................... 29 9.10 Limitations on ENGINEER's Authority and Responsibilities..,.""",.. 11 11 ..... p ......... w a a a a a a a 0 a * a a a a '29 ARTICLE 10 -CHANGES IN THE WORK; CLAIMS,',,. 1101101vompow ........ "I'll", 11111130 10.01 Authorized Changes in the Work....................................................................................................30 10.02 Unauthorized Changes in the Work................................................................................................30 10.03 Execution of Change Orders..........,...... IWIP"Imm same 111m,"I'mmum 10.04 Notification to Surety... I alopl000l.10 &01 0611, bbaa*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 04-07.doc 00700 - 3 F\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Imerseaion\Admim\Contract Documents\00700 -General Conditions REV 04-07 doe 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 DEFECTIVEWORK..................................................................................................................................35 13.01 Notice of Defects.." also&*, &I ..... ass &&Dabgaa*l smam", 'I'm" 'I'm", 1111111papp.35 13.02 Access to Work...............................................................................................................................35 13.03 Tests and Inspections.....................................................................................................................35 13.04 Uncovering Work,,,.,.,., 11.#.11bmmmm* P.omppa. a &1" 11111110.1116 Samoan *&*loss I .............. ........... b"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, . I I I 1 1. 0. 1 1 a I I ....... gap ..... ............................... P ............. m.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....,.",.,..,'.. smogs p so mm*m gallop#, "I'll", offi.papammmoss 1%,16mmoommad *Smwwo ...... 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 Terminafe...............................................................................43 ARTICLE16 -DISPUTE RESOLUTION......................................................................................................................43 16.01 Methods and Procedures................................................................................................................43 ARTICLE17 -MISCELLANEOUS................................................................................................................................44 17.01 Giving Notice...................................................................................................................................44 17.02 Computation of Times.....................................................................................................................44 17.03 Cumulative Remedies.....................................................................................................................44 17.04 Survival of Obligations...........,.,, 40,119,111110 pall"11PI.11 a 6010.11101.1111111144 17.05 Controlling Law................................................................................................................................44 00700 -General Conditions KEV 04-07.doc 00700 - 4 F^,Public Works\ENGINEERING DNISION PROJECTSV1024-UthStreet and IR Blvd IntersectionWdnumVContract DocumentsV00700 -General Condi ions REV 04-07.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 --Perf ormance 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 Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice 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 Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER'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 04-07.doc 00700 - 5 F.\Public Works\ENGINEERING DIVISION PROTECTS\1024-17thSireet and 1R Blvd Intersection\Adntim\Contract Documents\00700 -General Conditions REV 04-07.doc I 7. 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 named as such in the Agreement, entity having a contract with ENGINEE rnish services as ENGINEER's ind ent professional associate or consult I respect to the Project and who is I I led as such in the Supplementary 21. Field Order --A written order issued by ENGINEER 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 Division 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, Hazardous 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 encumbrances 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 Compile - of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon 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 on 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 entered 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 or 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 non -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 cated 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 nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 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 -General Conditions REV 04-07.doc 00700 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admi m\Contract Documents\00700 -General Conditions REV 04-07.doc establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All 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 iMended. 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 Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 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 or 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 or 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 nonengineering 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 cating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- 00700 -General Conditions REV 04-07.doc 00700 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\,4dmim\Contract Documents\00700 -General Conditions REV 04-07.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 unsatisfactory, faulty, or deficient in that it does not 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 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materialsI 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 sixtieth 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 04-07.doc 00700 - 8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.doc rams &a ae at WV& I M 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materialsI 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 sixtieth 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 04-07.doc 00700 - 8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.doc tI ereby; 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. the Site is started, CONTRACTOR and OWNE all each deliver to the other, with copi o each additional insured identified in t upplementary Conditions, certificates of * urance (and other evidence of insurance ich either of them or any additional insur may reasonably request) which CONTRA and OWNER respectively are 2.06 Preconstruction Conference to run, but before any Work at the Site i arced, a conference attended by CONTRACT ,ENGINEER, and others as appropriate wit held to establish a a6 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 approprk ate will be held to review for acceptability to ENGk 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 as to 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 04-07.doc 00700 - 9 F -\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\,4dmim\Contract Documents\00700 -General Conditions REV 04-07.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 or 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 Bids (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 Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, 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 undertake 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, error, 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 or 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 woAid 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 one 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, or (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 electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any 0070 0 -General Conditions REV 04-07.doc 00700 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thSlreet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.doc Mer 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 obtain 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 or 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 upon 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 report s 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 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 3o 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 04-07.doc 00700 F:\Public Works\ENGINEERING DIVISION PROJECTS\1 024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00700 -General Conditions REV 04-07.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. locating 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 OD700 -General Conditions REV 04-07.doc 00700 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00700 -General Conditions REV 04-07.doc Site 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- NEER. ENGINEER will promptly review the Underground 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 Underground 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 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 Environmental 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 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 Supplementary 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 CONTRAG TOR'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. 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 Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental 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 04-07.doc 00700 - 13 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-� 7ihStreet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.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 on 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 under 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 9s 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: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created 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 Hazardous 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- Bence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 -BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds and payment Bonds, each in an amount at le 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 Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be 00700 -General Conditions REV 04-07.doc 00700 - 14 F:\Public WorksIENGINEERING DIVISION PROJECTS\1024-17th5treet and IR Blvd Inlersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.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 or 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 5.01.13, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B 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 or 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 I IIIII 111111 11111111,111 I'll'' 11 111 111111 1111111111 lill Jill, 1!!!I: lill I 3upplementary Conditions,of and other evidence of insurance requested by OWNm, or any other additional insured) which CON. FRACTOR is required to purchase and maintain. .. -. �. = GTATM Lin Mr Wa� 0`&MLWA ME MMIIW 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 out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under 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, or death of CONTRACTOR Is employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 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 Ili 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 entities identified in the Supplementary Condi- tions, all of whom shall be listed as additional insureds, and include coverage for the respec- tive officers, directors, partners, employees, 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 ts 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 04-07.doc 00700 - 15 F:\Public Works\ENGINJEER ING DIVISION PROJECTS\1024-17thStreet and IR Blvd INersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.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 certificate9 far 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 COW 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 OW ER's Liability Insurance provided by CONTRACTOR under par p 5.04, OWNER, at OWNER's option y purchase and maintain at OWNER 9s se OWNER's own liability insurance as protect OWNER against claims 5.06 Property Insurance WA ._ "110 NO VT19 IV ararawsmunal A so ._ VT19 IV ararawsmunal -toy _ Uv�'TTI ..X6km is deemed to A so ._ ararawsmunal -toy _ Uv�'TTI .. --c.°water - A so 00700 -General Conditions REV ._ ararawsmunal 00700 -General Conditions REV ._ -toy _ Uv�'TTI 04-07.doc 00700 - 16 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreel and IR Blvd Inlersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.doc 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace .. evil IN mr UP AAW4wAw&ftAM%PffiM SAN Aft M waftEftMENSM a =S06 a IMMUFA IF 5.09 Acceptance of Bonds and Insurance; Option to Replace .. evil IN mr I .. Mr4i.,. IMMUFA da am .. IF Ir MAMPAMANLIFEWMINLARAWMEM&MA0 ., rMnam ..Awl 1LWFzM a . • AN Aft 5.09 Acceptance of Bonds and Insurance; Option to Replace .. evil IN mr I .. IMMUFA da am .. di .. -. .• JL .. am IF WOW IN Low 151 MORM OWN 011 "11 M 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 out 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. p CONTRACTOR shall rovide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- 00700 -General Conditions REV 0 4-07.doc 00700 - 18 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thSlreet and IR Blvd IntersectionWdmim\Contract Documents\00700 -General Conditions REV 04-07.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 speced 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 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 equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished out 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: (i) 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 cert ifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 00700 -General Conditions REV 04-07.doc 00700 - 19 F:\Public Works\ENGINEERING DIVISION PROJECTS\024-17th5treet and IR Blvd IntersectionWdmim\Contract Documents\00700 -General Conditions REV 04-07.doc 2I 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 6.05.13. 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 6.05.13 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. CONTRACTOR'S Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 00700 -General Conditions REV 04-07.doc 00700 - ZO F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd IntersectionWdmim\Contract Documents\00700 -General Conditions REV 04-07.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.B)I 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 objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, 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 entities 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 or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation 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 entity 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- nicate 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 Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor 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 or Supplier will contain provisions whereby the Subcontractor 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, arising out 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, or 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 00700 -General Conditions REV 04-07.doc - 21 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intense 007 Documents\00700 -General Conditions REV 04-07.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 engineers, 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 obtaining 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 utility 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 perf orms 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 9s obligations 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 00700 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 04-07.doc - 22 F:\Public Works\ENGINEERING DIVISION PROJECTSN024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.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- NEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings 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 used, 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 or to the acts or omissions of OWNER or ENGINEER or 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 14.07.13 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. 007C0 -General Conditions REV 04-07.doc 00700 - 23 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-171h5treel and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.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 Directive 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 ENGINEER 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 ENGk NEER 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 Drawings and Sample submittals acceptable to ENGI- NEER 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 Drawing or Sample with other Shop Drawings 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 VV 1. ENGINEER ill timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to 00 700 -General Conditions REV 04-07.doc 00700 - 24 F:\Public Works\ENGINEERING DIVISION PROJECTSN 024-17thStreet and IR Blvd IntersectionWdmi m\Contract Documents\00700 -General Conditions REV 04-07.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 ENGk NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing 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. F. Resubmitt al Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop 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 CON I RAC I OR's General Warranty and Guarantee g A. CONTRACTOR warrants and uarantees 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; 70 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 04-O7.doc 00700 - 25 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thSireet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.doc harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, 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 engineers, 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 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, the indemnification obligation 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- TRACTORunder paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, 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 failiIng 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- ed 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) per 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 m coparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 00700 -General Conditions REV 04-07.doc 00700 - 26 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th5treet and IR Blvd IntersedionWdmim\Contrail Documents\00700 -General Conditions REV 04-07.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 anI 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 13.03.6. 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 04-07.doc 00700-27 F:\Public Works\ENGINEERING DIVISION PROJECTSN024-17thStreel and IR Blvd IntersectionWdmim\Contract Documents\0070D -General Conditions REV 04-07.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 9s 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 aHd responsibility set forth in paragraph 9. 10, and particularly, but without limitation, during or as a result of 00700 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- NEER 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 Project 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 Supplementary 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 COW 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 compatk 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 04-07.doc - 28 F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17th Street and IR Blvd IntersectionWdmim\Contract Documents\D0700 -General Conditions REV 04-07.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 fabricated, 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 101 11, and 12. C. In connection with ENGINEER's authority as tU 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 under 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 ENG/NEER'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 undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or 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, or 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 or 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 04-07.doc 00700 - 29 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th5treet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.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 )rovided). 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.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 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 Cond;ticns REV 04-07.doc 00700 - 30 R\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th5ireet and IR Blvd IntersectionlAdmim\Contract Documents\00700 -General Conditions REV 04-07.doc 10I05 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 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.13. 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. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.6, 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 11.01.13. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the perfor- mance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. 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 00700 -General Conditions REV 04-07.doc - 3 I R\Public Works\ENGINEERING DIVISION PROJECTS\1024-171h Street and IR Blvd INersectionWdmim\Contract Documents100700 -General Conditions REV 04-07.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. 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 necessary 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 negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed 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 ng rise to the Claim. C. Rentals of all construction equip- ment and machinery, and the parts thereof j. When all the Work is performed on the whether rented from CONTRACTOR or others basis of cost-plus, the costs of premiums for all 00700 - General Conditions REV 04-07.doc 00700 -32 FAPublic Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00700 - General Conditions REV 04-07.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.AA, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.13, 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. Expenses of CONTRACTOR's princi- 2. CONTRACTOR'S costs for unloading pal and branch offices other than and handling on the Site, labor, installation CONTRACTOR's office at the Site. costs, overhead, profit, and other expenses contemplated for the allowances have been 3. Any part of CONTRACTOR's capital included in the Contract Price and not in the expenses, including interest on allowances, and no demand for additional CONTRACTOR's capital employed for the payment on account of any of the foregoing will Work and charges against CONTRACTOR for be valid. delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any B. Prior to final payment, an appropriate Change 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 11.01.13. 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. 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 Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price 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 Bids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications of Unit Price 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 0 4-07.doc 00700 - 33 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th5treet and IR Blvd IntersectionWdmimlConlract Documents\00700 -General Conditions REV 04-07.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- ered 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.C.2); or 3, where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.13.2, 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.C). 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 Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor 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.49 11.01.A.5, and 11.01.13; 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.C.2.e, inclusive. 00700 00700 -General Conditions REV 04-07.doc - 34 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd InlerseclioM,4dmim\Contract Documents\D0700 -General Conditions REV 04-07.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 ted 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 insF ections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 00700 -General Conditions REV 04-07.doc 00700 - 35 F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.doc 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 QIbrawavolm an A MM .. 00700 -General Conditions REV 04-07.doc 00700 - 36 F�1Public Works\ENGINEERING DIVISION PROJECTS\1024-� 7thStreet and IR Blvd IntersectioMAdmim\Contract Documents\00700 -General Conditions REV 04-07.doc IN .. 5011 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 QIbrawavolm an A MM .. 00700 -General Conditions REV 04-07.doc 00700 - 36 F�1Public Works\ENGINEERING DIVISION PROJECTS\1024-� 7thStreet and IR Blvd IntersectioMAdmim\Contract Documents\00700 -General Conditions REV 04-07.doc 00700 -General Conditions REV 04-07.doc 00700 - 36 F�1Public Works\ENGINEERING DIVISION PROJECTS\1024-� 7thStreet and IR Blvd IntersectioMAdmim\Contract Documents\00700 -General Conditions REV 04-07.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. If within one year after the date of Substantial 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 there- 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. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 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 shA 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 the 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 04-07.doc 00700 - 37 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admi m\Contract Documents\00700 -General Conditions REV 04-07.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 cate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER'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 Payment will constitute a representation by ENGINEER to OWNER, based on 00700 -General Conditions REV 04-07.doc 00700 - 38 F.\Public Works\ENGINEERING DIVISION PROJECTS11024-17th5treet and IR Blvd InterseclionWdmim\Contract Documents\00700 -General Conditions REV 04-07.doc ENGINEER's observations on the Site of the executed Work as an experienced and qualified dI professional and on ENGINEER Is review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: aI 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 paY ment 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 Is 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 nI 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 14.02.13.2. 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 C. Payment Becomes Due .. hTAMMI_ . Memo . . . 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 04-0 7.doc 00700 - 39 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.doc 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 04-0 7.doc 00700 - 39 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.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 iI paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment A 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'0 refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14,02,C.10 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 €N61N€€R sens+deFs the WeFk sdbstantiallyeeMplete, ENGINEER will pirepaire and deliver to OWNER ER a tentat; V 8 GeFt f i2t f c k t tit4 GeMpletiOR WhilGh shall fix the date of SwbStaRtial B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow COW 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 04-07.doc 00700 - 40 i Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Iniersectlon\AdmimlContracl Documents\00700 -General Conditions REV 04-07.doc ., • shall have seven da• 111/isirk is rAAGIwdes Pint AAlr;f;W5, If ALCiAd�nti'AL4 AS .. - • Oki 1,11MM MM AP . ew . Ll . ., - and ., JNJ -. .., agree se R WF- B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow COW 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 04-07.doc 00700 - 40 i Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Iniersectlon\AdmimlContracl Documents\00700 -General Conditions REV 04-07.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 Ito 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 Finallnspection 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 - 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 5.04.13.7; (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 anI 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 04-07.doc 00700 - 41 R\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00700 -General Conditions REV 04-07.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 . , ft NA am as 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. 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 sdiction; 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 04-0 7.doc 00700 - 42 R\Public Works\ENGINEERING DIVISION PROJECTSV1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.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 rights 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 out 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, 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 over 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, 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 anJ 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 04-07.doc 00700 - 43 F'\Public Works\ENGINEERING DIVISION PROJECTS\024-17IhStreet and IR Blvd Interseclion\Admim\Contract Documents\00700 -General Conditions REV 04-07.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 04-07.doc 00700 - 44 P\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admi m\Contract Documents\00700 -General Conditions REV 04-07.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Introduction Defined Terms Before Starting Construction Preconstruction Conference Coordination of Plans, Specifications, and Special Provisions Subsurface and Physical Conditions Performance, Payment and Other Bonds Certificates of Insurance CONTRACTOR's Liability Insurance OWNER's Liability Insurance Property Insurance Waiver of Rights Receipt and Application of Insurance Proceeds Labor; Working Hours Permits Test and Inspections Progress Payments Mediation Arbitration Liens Article Number SC —1.01 SC — 13.03 SC — 14.02 SC —16.02 SC — 16.03 SC — 17.06 00800 -Supplementary Conditions 06-09 rev.doc X0800 IR\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\00800 -Supplementary Conditions 06- 09 rev.doc SECTION 0 Introduction -SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these General Conditions. Supplementary Conditions will have the meanings indicated in the 3C-1.01 Defined Terms SC -1.01.A.20. Delete paragraph GC 1.01.A.20 in its entirety. SC -1.02 Terminology SC -1.02.0.1, 2, and 3 Delete paragraphs GC -1.02. D. 72and 3 in their entirety and insert the following paragraphs in their place: , , D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install" shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC -2.05 Before Starting Construction SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -2.06 Preconstruction Conference SC -2.06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in 00800-1 00800 -Supplementary Conditions 06-09 rev.doc 00800 1 F:\Public Works\ENGINEERING DIVISION PROJECT511024-17thStreet and IR Blvd Intersection \P,dmim\Contract Documents\00800 -Supplementary Conditions 06- 09 rev.doc paragraph 2.05.13, procedures for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. SC -3.06 Coordination of Plans, Specifications, and Special Provisions 3C-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 1. be Written Interpretations 2. Addenda 3. Specifications 4, Supplementary Conditions to the General Conditions 5. General Conditions 6, Approved Shop Drawings 7, Drawings 8, Referenced Standards, B. Written/computed dimensions shall govern over scaled dimensions. SC -4.02 Subsurface and Physical Conditions SC -4.02 Add the following new paragraphs immediately after paragraph GC -4.02. B: as follows: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: D. Reports and drawings itemized in SC -4.02.0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building, Public Works 1801 27th Street Vero Beach FL 32960 during regular business hours. These reports and drawings are not part of the Contract Documents. SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: Within ten (10) days of receipt of the Contract r", for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 00800-2 00800 -Supplementary Conditions 06-09 rev.doc 0�80� 2R\Public Works\ENGINEERING DIVISION PROJECTS\1024-17ihStreet and IR Blvd Intersection\Admim\Contract Documents\00800 -Supplementary Conditions 06- 09 rev.doc 3. The CONTRACTOR shall record, the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after it is recorded. The CONTRACTOR shall pay all costs. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C6 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 Co Non -Owned Autos. 4. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. b. "Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance. 00800-3 00800 -Supplementary Conditions 06-09 rev.doc X0800 3F -\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\AdmimlContract Documents\00800 -Supplementary Conditions 06- 09 rev.doc c. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6.20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating, D. Additional Insureds: 1. In addition to "Indian River County, Florida, the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies: a. NONE b. c. SC -5.05 OWNER's Liability Insurance SC -5.05 Delete paragraph GC -5.05.A in its entirety. SC -5.06 Property Insurance SC -5.06 Delete paragraphs GC -5.06.A, 8, and C in their entirety and insert the following paragraVhs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGfNEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 00800-4 00800 -Supplementary Conditions 06-09 rev.doc 00800 4F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17ihStreet and IR Blvd IMersectionlAdmim\Contract Documents\OD800 -Supplementary Conditions 06- D9 rev doc 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions, SC -5.06.E Delete paragraph GC -5.06.E in its entirety and insert fhe following in its place: E. Additionallnsureds: 1. The following individuals or entities shall be listed CONTRACTOR's property insurance policies: a. Indian River County, Florida b. NONE C, SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds ('.1; OR Delete GC -5.08 (paragraphs A and B) in its entirety. SC -5.09 Delete GC-5.09(paragraph Alin its entirety. 3 C-6.02 Labor; Working Hours as "additional insureds" on the SC -6.02.A. Add the following paragraphs immediately after paragraph GC -6.02.A: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. SC -6.02.6. Add the following paragraphs immediately after paragraph GC -6.02.8: 00800-5 00800 -Supplementary Conditions 06-09 rev.doc 800 5F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd InterseclionWdmim\Contract Documents\00800 -Supplementary Conditions D6- 09 rev.doc 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager, 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER 's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.06. C. Add the following sentence at the end of paragraph GC -6.06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: A. The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A"): 1. St. Johns River Water Management District - Exempt B. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. C. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -13.03 Test and Inspections oosoo-s 00800 -Supplementary Conditions 06-09 rev.doc �17800 6F.1Public Works\ENGINEERING DIVISION PROJECTS\1024-77th5lreet and IR Blvd IntersectionWdmim\Contract Documents\00800 -Supplementary Conditions 06- 09 rev.doc SC -13.03.B. Delete the first sentence of paragraph GC -13.03.8 in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.0 below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.13 shall be paid as provided in said paragraph 13.04.13; 3. tests otherwise specifically provided in the Contract Documents. 13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.02 Progress Payments SC -14.02.6.5. Delete paragraph GC -14.02.8.5.d in its entirety and insert the following paragraph in its place: d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or SC -14.02.6.5. 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 fA OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC -14.02.C.1. Delete paragraph GC44.02. C.1 in its entirety and insert the following ooaoo-� 00800 -Supplementary Conditions 06-09 rev.doc 00800 7F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thS4ree4 and IR Blvd Intersection\Admim\Contract Documents\00800 -Supplementary Conditions 06- 09 rev.doc 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 acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC -14.046 Add the following new paragraph immediately after paragraph GC 14.046: C. At the time of delivery of the tentative cert ificate 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 3 C-14.07 Final Payment SC -14.07.C.1. Delete paragraph GC -14.07. C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" ,Florida Statutes section 218.70, et. seq. 0o800 -s 00800 -Supplementary Conditions 06-09 rev.doc 00800 HF:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd InlersectionWdmi m\Contract Documents\00800 -Supplementary Conditions 06- 09 rev.doc SC -15.01 OWNER May Suspend Work SC -15.01.A Delete the last sentence in paragraph GC -15.01.A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension. SC -15.02 OWNER May Terminate For Cause 3C -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC45.02.A.4: 5. CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. SC -15.04 CONTRACTOR May Stop Work or Terminate SC -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: SC -16 DISPUTE RESOLUTION SC -16.02 Mediation SC -16 Add the following new paragraph immediately after paragraph GC -16.01. SC -16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. oosoo-s 00800 -Supplementary Conditions 06-09 rev.doc 00800 9F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th5treel and IR Blvd IntersectionWdmim\Contract Documents\00800 - Supplementary Conditions 06- 09 rev.doc 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++ 00800-10 00800 -Supplementary Conditions 06-09 rev.doc 00800 1 �F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th5treel and IR Blvd InlersectionWdmim\Contract Documents\00600 -Supplementary Conditions 06-09 rev.doc DATE OF ISSUANCE: SECTION 00942 = Change Order Form No. EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Indian River Blvd. & 17th St, Intersection Improvements Project No. 1024 Bid No. 2011048 ENGINEER Indian River County You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) ACCEPTED By: CONTRACTOR (Signature) Date: �j CHANGE IN CONTRACT TIMES CHANGE IN CONTRACT PRICE: Description Amount Original Contract Time: Original Contract Price $ Substantial Completion: Net Increase (Decrease) from previous Change Orders No. to $ Contract Price prior to this Change Order: $ Net increase (decrease) of this Change Order: $ Contract Price with all approved Change Orders: $ Final Completion: ACCEPTED By: CONTRACTOR (Signature) Date: �j CHANGE IN CONTRACT TIMES Descri tion Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: RECOMMENDED: APPROVED: By: ENGINEER (Signature) Date: By: OWNER (Signature) Date: 00942 -Change Order Form REV 04-07.doc 00942 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTSN024-17thSlreet and IR Blvd Intersection\Admim\Contrad Documents\00942 -Change Order Form REV 04-OLdoc Rev. OS/01 SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Indian River Blvd. & 17th St. Intersection Improvements Project No. 1024 Bid No. 2011048 ENGINEER: Indian River County Field Activity Description: Reason for Change: Recommended Disposition: Field Operations Officer /Engineer (Signature) Disposition: Date 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\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\00946 -Field Order Form REV 04-07.doc SECTION 00948 - Work Change Directive No. EFFECTIVE DATE: DATE OF ISSUANCE: OWNER: Indian River County CONTRACTOR: Project: Indian River Blvd. & 17`h St. Intersection Improvements Project No. 1024 Bid No. 2011048 ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices: II Unit Prices L1 Lump Sum II tractor'Records Other: [1 By Change Order: Estimated increase (decrease) in Contract Price: If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Method of determining change in Contract Times II Cons II Engineer's Records [1 Other: II By Change Order: Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for Final Completion: days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. * *END OF SECTION F:\Public Works\ENGINEERING DIVISION PROJEC7 S\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents100948 -Work Change Directive REV 04-07.doc ACCEPTED: By: RECOMMENDED: By: APPROVED: By: CONTRACTOR (Signature) Date: ENGINEER (Signature) Date: OWNER (Signature) Date: * *END OF SECTION F:\Public Works\ENGINEERING DIVISION PROJEC7 S\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents100948 -Work Change Directive REV 04-07.doc DIVISION 1 GENERAL REQUIREMENTS TITLE SPECIAL PROVISIONS FORCE ACCOUNT FIELD ENGINEERING AND LAYOUT REFERENCE STANDARDS GENERAL QUALITY CONTROL PROGRESS MEETINGS CONSTRUCTION SCHEDULES SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PROTECTION OF THE WORK AND PROPERTY ACCESS ROADS, PARKINGS AREAS AND USE OF PUBLIC STREETS TRANSPORTATfON AND HANDLING OF MATERIALS AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT SUBSTITUTIONS SITE CLEANUP AND RESTORATION POST FINAL INSPECTION SECTION NO. 01009 01024 01050 01091 01215 01220 01310 01340 01520 01541 01550 01610 01611 01630 01710 01820 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\DIVISION 1 GENERAL REQUIREMENTS.doc SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and work such hours, including night shifts and overtime operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC -6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 41St Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, Corps of Engineers, Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. E. Before perf orming any work outside the designated limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained. Follow all requirements of any said permits or authorization. Give the ENGINEER and appropriate owner ten (10) days minimum notice before commencing construction operations outside the designated limits of the work site. 01009-1 01009 -Special Provisions F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\01009 -Special Provisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1_1 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + +END OF SECTION + + 01024- 1 F:�Public Works\ENGINE1RING DNISION PRO.IECTS\1024-1 hhStreet and ]K Blvd Intersection�Admim\Contract Documents\01024 -Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. 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 Is acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. 1050-1 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd InterseclionWdmim\Contract Documents\01050 -Field Engineering.doc B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance. If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR Is expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. C. All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D. All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. 1.3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5J of FDOT Standard Specifications. + +END OF SECTION + + 1050-2 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\01050 -Field Engineering.doc SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 01091-1 01091 Reference Standards F:\Public Works\ENGINEERING DIVISION PROJECTSN024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01091 -Reference Standards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + +END OF SECTION + + 01091-2 01091 Reference Standards F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\01091 -Reference Standards.doc SECTION 01215 GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indicated throughout the Contract Documents. The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance. 1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A. Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests. B. CONTRACTORS General Responsibility: No failure of test agencies, whether engaged by the OWNER or CONTRACTOR, to perform adequate inspections of tests or to properly analyze or report results, shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents. It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work. The program is not intended to limit the CONTRACTOR in his regular quality control program, as needed for general assurance of compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre -qualified, to the extent of being familiar with the applicable and recognized quality standards for his category of work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY -STORAGE -HANDLING Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses (and resulting delays), thereby ensuring highest quality results as the performance of the work 01215-1 01215 General Quality Control F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01215 General Quality.doc progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. 1.5 PROJECT PHOTOGRAPHS/VIDEOS A. The CONTRACTOR shall make provisions, at his expense, for photographs and video tapes of all work areas just prior to construction, and for unusual conditions during construction. The photographs and videos shall show pertinent physical features along the line of construction. The purpose of the videos is to determine any damage to private or public property during construction. 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 to the Owner within 30 days of the Notice to Proceed. A copy shall be kept in the Contractor's field office. 10)Payment — No additional payment will be made for this work. + +END OF SECTION + + 01215-2 01215 General Quality Control F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents101215 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 measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. delivery schedules. Corrective + + END OF SECTION + + 01220-1 01220 Progress Meetings F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreetand IR Blvd IntersectionWdmim\Contract Documents\01220-Progress Meetings doc SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. 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\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01310 - Construction Schedule.doc 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + +END OF SECTION + + 01310-2 01310 Construction Schedule F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01310 - Construction Schedule.doc 01340 — Submittal of Shop Drawings 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall conform to the requirements of Article 6.17 of the General Conditions, Section 00700, and as described in this Section. 1.2 SHOP DRAWINGS A. Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. B. Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings, 1.3 PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLE Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. 01340 -Submittal of Shop Drawings.doc 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\01340 -Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. The CONTRACTOR's responsibilities for submittal of shop drawings, product data, and samples are set forth in paragraph 6.17 of the General Conditions and as further explained herein. B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents, verify all dimensions and field conditions, and coordinate the shop drawings with the requirements for other related work. Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for revision without review. C. The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals. The CONTRACTOR shall approve the shop drawings based on his in -the -field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of submission, of deviations in submittals from the requirements of the Contract Documents. The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals, unless the ENGINEER gives written acceptance of specific deviations. E. Begin no work, which requires submittals until return of submitt als with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed. 01340 -Submittal of Shop Drawings.doc 01340-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01340 -Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Contract Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] 01340 -Submittal of Shop Drawings.doc 01340-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01340 -Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 01340 -Submittal of Shop Drawings.doc 01340-4 F:\Public Works\ENGINEERING DfVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01340 -Submittal of Shop Drawings.doc CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor. Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description: Sub -Contractor: Remarks: *********************************************************** Reviewing Agency: (As checked below) ❑ I R C Engineering Div. Date Received Date Returned No. Copies Ret'd ❑ I R C Utilities Services Remarks: *********************************************************** IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies. IRC Engineering Division Office File Field Office File 01340 -Submittal of Shop Drawings.doc 01340-4 F:\Public Works\ENGINEERING DfVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01340 -Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of six (6) copies of all submittals that are on 11 -inch by 17 -inch or smaller sheets (no less than 8 1/2 -inch x 11 -inch), and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 -inch by 17 -inch. H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations. 1. Approved 2. Approved as Corrected 3. Approved as Corrected - Resubmit 4. Revise and Resubmit 5. Not Approved I. If a submittal is acceptable, it will be marked "Approved" or "Approved as Corrected". Three (3) prints or copies of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Corrected", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a Shop Drawing marked "Approved as Corrected" has extensive corrections or corrections affecting other drawings or Work, ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes. Such drawings will have the notation, "Approved as Corrected - Resubmit." L. If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. "Revise and Resubmit" 2. "Not Approved" 01340 -Submittal of Shop Drawings.doc 01340-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\01340 -Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings M. Upon return of a submittal marked "Revise and Resubmit", make the corrections indicated and repeat the initial approval procedure. The "Not Approved" notation is used to indicate material or equipment that is not acceptable. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. N. Any related Work performed or equipment installed without an "Approved" or "Approved as Corrected" Shop Drawing will be at the sole responsibility of the CONTRACTOR. O. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings. Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P. ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. O. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back -charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back -charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340 -Submittal of Shop Drawings.doc 01340-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01340 -Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like, any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. 01520-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work oT 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\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01520 -Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way, or public place, provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise, furnish and maintain at least one light at each barricade. Erect sufficient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR Is responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 01541-1 F:1PublicWorks\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01541 -Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. B. Do not store or park materials or equipment within the drip line. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and I eplace them with a specimen of equal or better quality. 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. 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 PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents101541 -Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adja- cent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR Is failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR Is operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 01541-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\01541 -Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facil- ities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surf ace 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\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\01541 -Protection of Property.doc 1.6 DAMAGE - SECTION 01541 PROTECTION OF THE WORK AND PROPERTY EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may e encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTOR 's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. 1.7 �JUSTMEN- OF UTILIT` TIN OVERS A BOXE A. All existing utility castings, including valve boxes, junction boxes, manholespull 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 PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01541 -Protection of Property.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS 1.1 GENERAL A. Provide all temporary construction roads, walks and parking areas required during construction and for use of emergency vehicles. Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions. B. Prevent interference with traffic and the OWNER's operations on existing roads. Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads. C. Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER. D. Remove temporary roads, walks and parking areas prior to final acceptance and return the ground to its original condition, unless otherwise required by the Contract Documents. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1.3 USE OF PUBLIC STREETS FOR HAUL ROADS A. Prior to construction, the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project. Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations, prior to final payment. B. All trucks carry ing 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\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01550 - Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF 1.1 GENERAL MATERIALS AND EQUIPMENT A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered to site until required storage facilities have been provided. E. Have products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. 01610-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents101610 - Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT G. Immediately on delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quanes 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 PROJECTS11024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of materials and equipment. Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise speced. 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\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01611 - Storage of Materials.doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or -Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. 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 manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. 01630-1 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01630 - Substitutions.doc C, Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and deter- mined that it is equal to or superior in all respects to the product, manufacturer or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, furnish the product, manufacturer, or method specified at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. 3. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 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. 01630-2 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01630 - Substitutions.doc 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR Is expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's hourly rate for review is $125 per hour. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is sued, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + +END OF SECTION + + 01630-3 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01630 - Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work Cl"d the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch -basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed U1 permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment,and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and appearing condition. condition. 01710 Site Cleanup 01710-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01710 -Site Cleanup.doc G. It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. I. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, INDIAN RIVER FARMS WATER CONTROL DISTRICT, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. + +END OF SECTION + + 01710 Site Cleanup 01710-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\01710 -Site Cleanup.doc SECTION 01820 Post Final Inspection 1.1 GENERAL A. Approximately one year after Substantial Completion, the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection. B. Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. 001820 -Post Final Inspection.doc 001820 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\001820 -Post Final Inspection.doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO. 00001 Technical Specifications SECTION NO. 00004 Scope of Work SECTION NO. 00006 Control of Materials SECTION NO. 00101 Mobilization SECTION NO. 00102 Maintenance of Traffic SECTION NO. 00104 Erosion and Water Pollution Control SECTION NO. 00108 Record Drawings/As-Built Drawings SECTION NO. 00110 Clearing and Grubbing SECTION NO. 00120 Earthwork and Related Operations for Local Agencies SECTION NO. 00285 Cemented Coquina Shell Base SECTION NO. 00334 Hot Mix Asphalt for Local Agencies SECTION NO. 00344 Local Agency Program Concrete SECTION NO. 00570 Performance Turf SECTION NO. 00580 Landscape Installation SECTION NO. 00700 Signing and Pavement Markings F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract DocumentslDIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-OS.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 line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometrics Dated September 5, 2000. SECTION - 4 -SCOPE OF WORK Section 4-3.9 Value Engineering Incentive is deleted in its entirety. SECTION — 6 —CONTROL OF MATERIALS 6-5.2 Source of Supply -Steel (Federal -Aid Contracts Only): For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete )ipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when 01025-1 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc the cost of such foreign materials does not exceed 0.1 % of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. SECTION - 101 -MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (2010 Edition) Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization - Lump Sum 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 %J 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 01025-2 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc present his Maintenance of Traffic Plan at the pre -construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL -STANDARDS: The FDOT Design Standards For Design Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to 01025-3 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. 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. Non -Compliance: Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control plan or presents a public safety concern, the contractor shall have until the end of the working day, in which notification is given, to take action to modify the maintenance of traffic. Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied. G. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on Indian River Boulevard and 17th Street all times. Owner shall have option to fine the Contractor $1,000.00 per day for Maintenance of Traffic Plan non- compliance. 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 SECTION —104 -EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND aORMWATER 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 01025-4 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 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. 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 River Water Management District (SJRWMD). Generally, only the short-term permit is required. Contact SJRWMD at (321) 9844940 to determine which permit is required and the associated statutory requirements; 2. SJRWMD RDS -50 Permit (required); 3. The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (required). Contact the Florida Department of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or www.dep.state.fl.us/water/stormwater/npdes/ 4. FDEP's Uncontaminated Groundwater Release Permit (required if dewatering occurs). This permit requires water quality testing by a State certified laboratory. 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 01025-5 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\AdmimlContract Documents\Technical Specifications.doc 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 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. 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 01025-6 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17th Street and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 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 "POLLU- DEFINED " AND AIN UNCONTESTABLE POLLUTIO EVEN 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 (including ditches and canals) is defined to be polluted by the CONTRACTOR' 0 operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla. Administrative Code 62- 302.530] Exception: When the discharge is directly into or through an outfall discharging into "Outstanding Florida Waters," designated by Florida Statute 403.061(27), the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Body, Pollution Occurs When ... In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as after traveling through pipes or by overland flow. Before construction commences, the Contractor will measure background levels of total suspended solids (TSS) and turbidity, in the immediate vicinity of the discharge water's ultimate discharge point into the receiving water body. If the discharge water's TSS and turbidity measurements exceed these pre -construction background values by 20 percent for 01025-7 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc TSS and 29 NUs for turbidity, then the discharge from the CONTRACTOR's operations is defined to be polluted. D. Pollution Always Occurs When ... The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6.5 or greater than 8.5, or whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.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 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 large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type III silt fence. (a) For FDOT Type III Silt Fence - ACF Environmental, Catalog No. 01025-8 Technical Specifications F:\Public WorksIENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 360800000, Florida DOT Silt Fence. U.S. Sieve = 30, tensile strength = 120 pounds. The heavy-duty filter fabric shall be pre -attached to 48 -inch long stakes on 6400t centers. (1-800448-3636). (b) For FDOT Type IV Silt Fence, modify the above Catalog No. 360800000 to comply with FDOT Index No. 102. (c) Or equivalent. C. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install per the manufacturer's recommendations and per FDOT Index No. 103 unless directed otherwise by the ENGINEER. 3. Product: All material shall be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. a. Parker Systems, Inc.(1-866472-7537), model Type II or Type I b. Or equivalent. D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Remove silt, sediment, and other particles from dewatering or pumping applications using a filter bag. The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double -needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 44ch 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. 49DIRTBAG 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. 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 24eet longer than the curb inlet opening. a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448- 3636). b. Or equivalent. F. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack" 01025-9 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionlAdmim\Contract Documents\Technical Specifications.doc shall be manufactured from woven polypropylene geotextile and sewn by a double -needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a colored restraint chord approximately halfwaY up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1- 800-448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579- 8819). c. Or equivalent. G. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Provide an area large enough to remove 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 U11 cumstance. 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. 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 polyacry lamide manufacturer/supplier. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104-1 —Erosion &Water Pollution Control -Lump Sum 01025-10 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc CONTRACTOR'S AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN) This sworn statement is submitted for Indian River County Project No. 1024 for INDIAN RIVER BLVD. AND 17T" ST. INTERSECTION IMPROVEMENTS STATE OF _ COUNTY OF Personally before me the undersigned authority, appeared administered, stated as follows: 1. This sworn statement is submitted by the CONTRACTOR, 2 whose business address is applicable) its Federal Identification No.(FEIN) is FEIN, include the Social Security Number of the individual My name is entity named above is who upon oath duly and (if If entity has no signing this sworn statement: and my relationship to the 3. I understand and agree that in addition to the Stormwater Management System Permit issued by Indian River County, CONTRACTOR is responsible for complying with the terms and conditions of the following as applicable to the site: a. State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), b. Stormwater Pollution Prevention Plan (regardless of project size), c. St. Johns River Water Management District permit(s) (regardless of project size), d. Florida Department of Environmental Protection permit(s) (regardless of project size), e. All other permits required for this project not specifically listed herein, and f. All Codes and Ordinances of Indian River County. 4. I understand that "pollution" as defined by Florida Statutes Chapter 403.031(7) means: ".. . the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human -induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 5. I understand that in addition to the definition set fort h in Item 5 above, "pollution" is also defined by paragraph 1.6 of Section 02225 of the Technical Specifications for this Project. 01025-11 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract DocumentslTechnical Specifications.doc 6. 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 these Technical Specifications. I understand that CONTRACTOR may be liable for these and other penalties if pollution occurs as a result of CONTRACTOR's activities associated with the Project. Under penalty of perjury, I declare that I have read the foregoing an and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT Signature: Date: Printed Name: The foregoing instrument was subscribed and sworn to before me this day of , 20_ by , who is personally known to me and who did take oath. Notary Public State of Florida at Large My Commission expires: + +END OF SECTION + + 01025-12 Technical Specifications F:1Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc SECTION - 108 — RECORD DRAWINGS/AS-BUILT DRAWINGS GENERAL A. Maintain and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified in Divisions the Supplementary Conditions. B. Maintenance of Documents: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. C. Recording: 1. Label each document "PROJECT RECORD" in 2 -inch high printed letters. 2. Keep record documents current. 3. Do not permanently conceal any Work until required information has been recorded. RECORD AS -BUILT DRAWINGS During the entire construction operation, the CONTRACTOR shall maintain records of all deviations from the Drawings and Speccations and shall prepare there from "record" drawings showing correctly and accurately all changes and deviations from the work, made during construction to reflect the work as it was actually constructed. Record/As-Built survey shall be performed and subsequent plans prepared by a registered Professional Surveyor and Mapper in the state of Florida and certified per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida accordingly. The following items are required to be shown on County project Record/As-Built drawings submitted to ENGINEER: As per Chapter 472, Florida Statutes and Chapter 61G17-6.007 Florida Administrative Code As -Built — Record — Specific Purpose Surveys: A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record/As-Built survey as it relates to the regulations and standards established for said surveys. 01025-13 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc AND Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. 1. Right-of-way Swale/Drainage —All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inverts, stations and offsets. 3. Outfalls — All pipe inverts, elevations and station offsets, weir box elevations, weir elevation, and sizes. 4. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Perimeter elevations, grade breaks, depths, and calculate pond area at control elevation and grade breaks above water surface. 6. Roadway: a. Stations and offset related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, OR minimum at 1000' intervals along roadway alignment. b. Elevations along Profile Grade Line (PGL), of all edge of pavements either side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). c. All final Elevations to be plotted on PGL AND Plan - Profile sheets as applicable. d. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. SURVEY CONTROL 1. Install/re-establish: It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State Plane Coordinates and elevations for all control points. 3. Either if shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s),vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re- established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said 01025-14 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and tR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTALL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As -Built information. B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state, type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As- Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. ACCURACY The CONTRACTOR will be held responsible forthe accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. Item of Payment Payment for the work specified in this item shall be made under: Bid Item 108-1 —Record Drawings/As-Built Drawings -Lump Sum Bid Item 108-2 —Survey Control (install/Re-Establish) —Lump Sum 01025-15 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\Technical Specifcations.doc Board of Professional Surveyors and Mappers As -Built Record Survey Checklist Lic. Name Date: Chapter 61 G17-6 Minimum Technical Standards F.A.C. 61 G17-6.003 General Survey, Map, and Report Content Requirements ❑ (1) REGULATORY OBJECTIVE: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective, surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality: ❑ (a) Accuracy of survey measurements based on the type of survey and expected use. ❑ (b) Measurements made in accordance with the United States standard, feet or meters. ❑ (c) Records of measurements maintained for each survey (check field notes.) ❑ (d) Measurement and computation records dated. ❑ (e) Measurement and computation records substantiate the survey map. ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: ❑ (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: ❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: ❑ (c) Type survey stated on map and report: As -Built Survey Mean High Water Line Survey Boundary Survey Quantity Survey Condominium Survey Record Survey Construction Layout Survey Specific or Special Purpose Survey Control Survey Topographic Survey Hydrographic Survey ❑ (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. ❑ (e) Name and license number of the surveyor and mapper in responsible charge. ❑ (f) Name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. ❑ (g) Survey date (date of data acquisition.) ❑ (h) Revision date for any graphic revisions (when survey date does not change.) ❑ (i) Map and report statement "Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." 01025-16 Technical Specifications F:1Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Speciflcations.doc ❑ Q) Insurance statement in '/<" high letters "The survey depicted here is not covered by professional liability insurance" if there is no professional liability insurance. ❑ (k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. ❑ (1) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise. ❑ (m) Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise. ❑ (n) Bearing reference (well established and monumented line) ❑ (o) A designated "north arrow" ❑ (p) Stated scale or graphic scale ❑ (q) Abbreviations in legend or notes. ❑ (r) Special conditions and any necessary deviation from the standards noted upon the map or report. ❑ (s) Responsibility for all mapped features stated on the map or report ❑ (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others. (u) Map Accuracy. (1) Vertical Feature Accuracy: ❑ (a) Vertical Control: Field-measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark. ❑ (b) Closure in feet must be accurate to a standard of plus or minus .05 ft. times the square root of the distance in miles. ❑ (c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. ❑ (d) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum. (2) Horizontal Feature Accuracy: ❑ (a) Horizontal Control: All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based. ❑ (b) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum. ❑ (c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures. All control measurements shall achieve the following closures: Commercial/High Risk Linear: 1 foot in 10,000 feet; Suburban: Linear: 1 foot in 7,500 feet; Rural: Linear: 1 foot in 5,000 feet; ❑ (d) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C. ❑ (e) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale of 1/_ or smaller". 61G17-6.004 Specific Survey, Map, and Report Requirements 01025-17 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionlAdmimlContract Documents\Technical Specifications.doc (1) As-BuilUKecord Survey: ❑ (a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. ❑ (b) Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. ❑ (c) All maps prepared shall meet applicable minimum technical standards. ❑ (d) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. + +END OF SECTION + + 01025-18 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc SECTION - 110 -CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (2010) with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, including pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge. (See Paragraph C, Special Provisions) The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully removed 01025-19 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Any culverts, structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor. Where required, suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground. The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications. H. No additional payment will be made, nor will additional work, or change orders be authorized for work needed to remove, relocate, protect, or otherwise account for in the construction of the work depicted in the plans, for any feature, or item that would be apparent from a careful inspection of the site and review of the plans, even though such feature or item is not specifically called out in the plans. It is therefore essential the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. Item of Payment Payment for the work specified in this item shall be made under: Bid Item 110-1-1 - Clearing and Grubbing - Lump Sum SECTION — 120 -EARTHWORK AND RELATED OPERATIONS FOR LOCAL AGENCIES 120-1 Description. 120-1.1 General: Perform Earthwork and Related Operations based on the type Df work specified in the Contract and the Earthwork Categories as defined below. Meet the applicable requirements for materials, equipment and construction as specified. Earthwork and Related Operations consists of excavation for the construction of the roadway, excavation for structures and pipe, constructing backfill around structures and pipe, and constructing embankments as required for the roadway, ditches, and channel changes. 120-1.2 Earthwork Categories: Performance of Earthwork Operations will fall into one of the following Earthwork Categories: 120-1.2.1 Earthwork Category 1: Includes the earthwork and related operations associated with the construction of sidewalks and bike paths along with any drainage structures associated with these facilities. 120-1.2.2 Earthwork Category 2: Includes the earthwork and related operations associated with the construction of turn lanes and other non -mainline traffic lanes, widening, roadway shoulders, concrete box culverts, retaining walls, and other drainage structures on the non -mainline pavement. 01025-20 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\AdmimlContract Documents\Technical Specifications.doc 120-1.2.3 Earthwork Category 3: Includes the earthwork and related operations associated with the construction of new mainline pavement, along with concrete box culverts, retaining walls, and other drainage structures on the mainline pavement. 120-2 Classes of Excavation. 120-2.1 Excavation of Unsuitable Material: Excavation of unsuitable material consists of the removal of muck, clay, rock or any other material that is unsuitable in its original position and that is excavated below the finished grading template. For stabilized bases and sand bituminous road mixes, the finished grading template is the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, the finished grading template is the finished shoulder and slope lines and bottom of completed base or rigid pavement. 120-2.2 Lateral Ditch Excavation: Lateral Ditch Excavation consists of all excavation of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches parallel to the roadway right-of-way. Dress lateral ditches to the grade and cross-section shown in the plans. 120-2.3 Channel Excavation: Channel Excavation consists of the excavation and satisfactory disposal of all materials from the limits of the channel as shown in the plans. 120-2.4 Excavation for Structures and Pipe: Excavation for Structures consists of the excavation for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120-3 Excavation Requirements. 120-3.1 Excavation and Replacement of Unsuitable Materials: Where rock, muck, clay, or other material within the limits of the roadway is unsuitable in its original position, excavate such material to the cross-sections shown in the plans or indicated by the Engineer, and backfill with suitable material. Shape backfill materials to the required cross- sections. Where the removal of plastic soils below the finished earthwork grade is required, meet a construction tolerance of ± 0.2 foot in depth and ± 6 inches (each side) in width. 120-3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and roadway, changes in channels of streams and ditches parallel to the roadway. Dress lateral ditches to the grade and cross-section shown in the plans. 120-3.3 Channel Excavation: Excavate and dispose of all materials from the limits of the channel as shown in the plans. Excavate for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120-3.4 Excavation for Structures and Pipe. 120-3.4.1 Requirements for all Excavation: Excavate foundation pits to permit the placing of the full widths and lengths of footings shown in the plans, with full horizontal beds. Do not round or undercut corners or edges of footings. Perform all excavation to foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the plans. Perform all excavation in stream beds to a depth at least 4 feet below the permanent bed of the stream, unless a firm footing can be established on solid rock before such depth is reached, and excavate to such additional depth as may be necessary to eliminate any danger of undermining. Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be exposed and prepared in horizontal beds for receiving the masonry. Remove 01025-21 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc all loose and disintegrated rock or thin strata. Have the Engineer inspect and approve all foundation excavations prior to placing masonry. 120-3.4.2 Earth Excavation: 120-3.4.2.1 Foundation Material other than the Rock: When masonry is to rest on an excavated surface other than rock, take special care to avoid disturbing the bottom of the excavation, and do not remove the final foundation material to grade until just before placing the masonry. In case the foundation material is soft or mucky, the Engineer may require excavation to a greater depth and to backfill to grade with approved material. 120-3.4.2.2 Foundation Piles: Where foundation piles are used, complete the excavation of each pit before driving the piles. After the driving is completed, remove all loose and displaced material, leaving a smooth, solid, and level bed to receive the masonry. 120-3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any unforeseen obstacles encountered in excavating. 120-3.4.3 Rock Excavation: Clean all rock and other hard foundation material, remove all loose material, and cut all rock to a firm surface. Either level, step vertically and horizontally, or serrate the rock, as may be directed by the Engineer. Clean out all seams, and fill them with concrete or mortar. 120-3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culverts and storm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide adequate working room. Remove soil not meeting the classification specified as suitable backfill material in 120-8.3.2.2 to a depth of 4 inches below the bottom of the pipe elevation. Remove rock, boulders or other hard lumpy or unyielding material to a depth of 12 inches below the bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to establish a firm foundation. Where the soils permit, ensure that the trench sides are vertical up to at least the mid -point of the pipe. For pipe lines placed above the natural ground line, place and compact the embankment, prior to excavation of the trench, to an elevation at least 2 feet above the top of the pipe and to a width equal to four pipe diameters, and then excavate the trench to the required grade. 120-4 Disposal of Surplus and Unsuitable Material. 120-4.1 Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in the plans or, if the plans do not indicate the method of disposal, take ownership of the materials and dispose of them outside the right-of-way. 1204.2 Disposal of Muck on Side Slopes: As an exception to the provisions of 120-4.1, when approved by the Engineer, muck (A-8 material) may be placed on the slopes, or stored alongside the roadway, provided there is a clear distance of at least 6 feet between the roadway grading limits and the muck, and the muck is dressed to present a neat appearance. In addition, this material may also be disposed of by placing it on the slopes where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the disposal of muck or other unsuitable material inside the right-of-way limits, do not place such material in a manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 1204.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of paving materials, such as paving brick, asphalt block, concrete slab, sidewalk, curb and gutter, etc., excavated in the removal of existing pavements, and dispose of them outside the 01025-22 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc right-of-way. If the materials are to remain the property of the Agency, place them in neat piles as directed. Existing limerock base that is removed may be incorporated in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing limerock base into the project as allowed by the Contract Documents. 1204.4 Disposal Areas: Where the Contract Documents require disposal of excavated materials outside the right-of-way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area without additional compensation. Provide areas for disposal of removed paving materials out of sight of the project and at least 300 feet from the nearest roadway right-of-way line of any road. If the materials are buried, disregard the 300 foot limitation. 120-5 Materials for Embankment. 120-5.1 General Requirements for Embankment Materials: Construct embankments using suitable materials excavated from the roadway or delivered to the jobsite from authorized borrow pits. Construct the embankment using maximum particle sizes (in any dimension) as follows: In top 12 inches: 3 1/2 inches (in any dimension). 12 to 24 inches: 6 inches (in any dimension). In the depth below 24 inches: not to exceed 12 inches (in any dimension) or the compacted thickness of the layer being placed, whichever is less. Spread all material so that the larger particles are separated from each other to minimize voids between them during compaction. Compact around these rocks in accordance with 120-7.2. When and where approved by the Engineer, larger rocks (not to exceed 18 inches in any dimension) may be placed outside the one to two slope and at least 4 feet or more below the bottom of the base. Compact around these rocks to a firmness equal to that of the supporting soil. Where constructing embankments adjacent to bridge end bents or abutments, do not place rock larger than 3 1/2 inches in diameter within 3 feet of the location of any end -bent piling. 120-5.2 Use of Materials Excavated From the Roadway and Appurtenances: Assume responsibility for determining the suitability of excavated material for use on the project in accordance with the applicable Contract Documents. Consider the sequence of work and maintenance of traffic phasing in the determination of the availability of this material. 120-5.3 Authorization for Use of Borrow: Use borrow only when sufficient quantities of suitable material are not available from roadway and drainage excavation, to properly construct the embankment, subgrade, and shoulders, and to complete the backfilling of structures and pipe. Do not use borrow material until so ordered by the Engineer, and then only use material from approved borrow pits. 120-5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense to the Agency, all necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do not cause such roads or trails to deteriorate in condition. Arrange for the use of all non-public haul routes crossing the property of any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will direct construction vehicles away from developed areas when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul routes. 01025-23 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 120-5.3.2 Borrow Material for Shoulder Build-up: When so indicated in the plans, furnish borrow material with a specific minimum bearing value, for building up of existing shoulders. Blend materials as necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take samples of this borrow material at the pit or blended stockpile. 120-5.4 Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes, culverts, and bridge foundations with selected materials. 120-6 Embankment Construction. 120-6.1 General: Construct embankments in sections of not less than 300 feet in length or for the full length of the embankment. 120-6.2 Dry Fill Method: 120-6.2.1 General: Construct embankments to meet compaction requirements in Article 120-7 and in accordance with the acceptance program requirements in 120-9. Restrict the compacted thickness of the last embankment lift to 6 inches maximum. As far as practicable, distribute traffic over the work during the construction of embankments so as to cover the maximum area of the surface of each layer. Construct embankment in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 120=6.2.1.1 For A=3 and A-2-4 Materials with up to 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard sieve in the V24 material does not exceed 15%. 120-6.2.1.2 For A=1 Plastic materials (As designated in FDOT Design Standard Index 505) and A-2-4 Materials with greater than 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 6 inches. 120=6.2.1.3 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons. When normal dewatering does not adequately remove the water, the Engineer may require the embankment material to be placed in the water or in low swampy ground in accordance with 120-7.2.4. 120-6.2.2 Placing in Unstable Areas: Where depositing the material in water, or in low swampy ground that will not support the weight of hauling equipment, construct the embankment by dumping successive loads in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while placing subsequent layers. Once sufficient material has been placed so that the hauling equipment can be supported, construct the remaining portion of the embankment in layers in accordance with the applicable provisions of 120-7.2.4 and 120-7.2.6. 120-6.2.3 Placing on Steep Slopes: When constructing an embankment on a hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original ground on which the embankment is to be placed. 120-6.2.4 Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal embankment construction is to be used in the embankment outside the standard minimum slope (approximately one to two), place such material in layers of not more than 18 inches in thickness, measured loose. The Contractor may also place material which is 01025-24 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc suitable for normal embankment, outside such standard minimum slope, in 18 inch layers. Maintain a constant thickness for suitable material placed within and outside the standard minimum slope, unless placing in a separate operation. 120-6.3 Hydraulic Method: 120-6.3.1 Method of Placing: When the hydraulic method is used, as far as practicable, place all dredged material in its final position in the embankment by such method. Place and compact any dredged material that is rehandled, or moved and placed in its final position by any other method, as specified in 120-7.2. The Contractor may use baffles or any form of construction he may select, provided the slopes of the embankments are not steeper than indicated in the plans. Remove all timber used for temporary bulkheads or baffles from the embankment, and fill and thoroughly compact the holes thus formed. When placing fill on submerged land, construct dikes prior to beginning of dredging, and maintain the dikes throughout the dredging operation. 120-6.3.2 Excess Material: Do not use excess material placed outside the prescribed slopes, below the normal high-water level, to raise the fill. Remove only the portion of this material required for dressing the slopes. 120-6.3.3 Protection of Openings in Embankment: Leave openings in the embankments at the bridge sites. Remove any material which invades these openings or existing channels without additional compensation to provide the same depth of channel as existed before the construction of the embankment. Do not excavate or dredge any material within 200 feet of the toe of the proposed embankment. 120-7 Compaction Requirements. 1204.1 Moisture Content: Compact the materials at a moisture content such that the specified density can be attained. If necessary to attain the specified density, add water to the material, or lower the moisture content by manipulating the material or allowing it to dry, as is appropriate. 120-7.2 Compaction of Embankments: 120-7.2.1 Earthwork Category 1 and 2 Density Requirements: Reduce the minimum required density from 100% to 95% of AASHTO T99 Method C for all earthwork items requiring densities. 1204.2.2 Earthwork Category 3 Density Requirements: Except for embankments constructed by the hydraulic method as specified in 120-6.3, and for the material placed outside the standard minimum slope as specified in 120-6.2.4, and for other areas specifically excluded herein, compact each layer of the material used in the formation of embankments to a density of at least 100% of the maximum density as required by AASHTO T 99, Method C. Uniformly compact each layer using equipment that will achieve the required density, and as compaction operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the embankment. 120-7.2.3 Compaction Over Unstable Foundations: Where the embankment material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches as provided in 120-6.2.2), compact the top 6 inches (compacted thickness) of such layer to the density as specified in 120-9.5. 120-7.2.4 Compaction Where Plastic Material Has Been Removed: Where unsuitable material is removed and the remaining surface is of the A4, A-5, A-6, or A-7 Soil Groups, as determined by the Engineer, compact the surface of the excavated area by rolling with a sheepsfoot roller exerting a compression of at least 250 psi on the tamper feet, for the full width of the roadbed (subgrade and shoulders). Perform rolling before beginning any 01025-25 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc backfill, and continue until the roller feet do not penetrate the surface more than 1 inch. Do not perform such rolling where the remaining surface is below the normal water table and covered with water. Vary the procedure and equipment required for this operation at the discretion of the Engineer. 1204.2.5 Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: Do not compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade, to be constructed as a part of the same Contract. 120-7.2.6 Compaction of Grassed Shouldqui Areas: Forthe upper6 inch layer of all shoulders which are to be grassed, since no specific density is required, compact only to the extent directed. 120-7.2.7 Compaction of Grassed Embankment Areas: For the outer layer of all embankments where plant growth will be established, do not compact. Leave this layer in a loose condition to a minimum depth of 6 inches for the subsequent seeding or planting operations. 120-7.3 Compaction of Subgrade: If the plans do not provide for stabilizing, compact the subgrade in both cuts and fills to the density specified in 120-9.5. For undisturbed soils, do not apply density requirements where constructing narrow widening strips or paved shoulders 5 feet or less in width. Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, perform compaction using vibratory rollers, trench rollers, or other type compaction equipment approved by the Engineer. Maintain the required density until the base or pavement is placed on the subgrade. 120-8 Backfilling Around Structures and Pipe. 120-8.1 Requirements for all Structures: 120-8-1.1 General: Backfill around structures and pipe in the Dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 129-8.1.2 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps, wellpoints and header pipe and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, perforated pipe drains, sumps and siphons. 120-8.1.3 Backfill Materials: Backfill to the original ground surface or subgrade surface of openings made for structures, with a sufficient allowance for settlement. The Engineer may require that the material used for this backfill be obtained from a source entirely apart from the structure. Do not allow heavy construction equipment to cross over culvert or storm sewer pipes until placing and compacting backfill material to the finished earthwork grade or to an elevation at least 4 feet above the crown of the pipe. 120-8.1.4 Use of A-7 Material: In the backfilling of trenches, A-7 material may be used from a point 12 inches above the top of the pipe up to the elevation shown on the 'DOT Design Standards as the elevation for undercutting of A-7 material. 120-8.1.5 Time of Placing Backfill: Do not place backfill against any masonry or concrete abutment, wingwall, or culvert until the Engineer has given permission to do so, and in no case until the masonry or concrete has been in place seven days or until the specified 28 -day compressive strength occurs. 01025-26 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17th Street and IR Blvd Intersection\Admim\Contract DocumentslTechnical Specifications.doc 120-8.1.6 Placement and Compaction: Place the material in horizontal layers not exceeding 6 inches compacted thickness, in depth above water level, behind abutments, wingwalls and end bents or end rest piers, and around box culverts and all structures including pipe culverts. When the backfill material is deposited in water, compact per 120- 8.2.5 and 120-8.3.4. The Contractor may elect to place material in thicker lifts of no more than 12 inches compacted thickness outside the soil envelope if he can demonstrate with a successful test section that density can be achieved. Notify the Engineer prior to beginning construction of a test section. Construct a test section of 500 feet in length. Perform five tests at random locations within the test section. All five tests must meet the density required by 120-7.2. Identify the test section with the compaction effort and soil classification in the Agency Logbook. In case of a change in compaction effort or soil classification, construct a new test section. When a test fails the requirements of 120-7.2, construct a new test section. The Contractor may elect to place material in 6 inches compacted thickness at any time. 120-8.2 Additional Requirements for Structures Other than Pipe: 120-8.2.1 Density: Where the backfill material is deposited in water, obtain a 12 inch layer of comparatively dry material, thoroughly compacted by tamping, before verifying the layer and density requirements. Meet the requirements of the density Acceptance Criteria. 120-8.2.2 Box Culverts: For box culverts over which pavement is to be constructed, compact around the structure to an elevation not less than 12 inches above the top of the structure, using rapid -striking mechanical tampers. 120-8.2.3 Other Limited Areas: Compact in other limited areas using mechanical tampers or approved hand tampers, until the cover over the structure is at least 12 inches thick. When hand tampers are used, deposit the materials in layers not more than 4 inches thick using hand tampers suitable for this purpose with a face area of not more than 100 in2. Take special precautions to prevent any wedging action against the masonry, and step or terrace the slope bounding the excavation for abutments and wingwalls if required by the Engineer. 120-8.2.4 Culverts and Piers: Backfill around culverts and piers on both sides simultaneously to approximately the same elevation. 120-8.2.5 Compaction Under Wet Conditions: Where wet conditions do not permit the use of mechanical tampers, compact using hand tampers. Use only A-3 material for the hand tamped portions of the backfill. When the backfill has reached an elevation and condition such as to make the use of the mechanical tampers practical, perform mechanical tamping in such manner and to such extent as to transfer the compaction force into the sections previously tamped by hand. 120-8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater: 120-8.3.1 General: Trenches for pipe may have up to four zones that must be backfilled. Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the pipe. Bedding Zone: The zone above the Lowest Zone is the Bedding Zone. Usually it will be the backfill which is the 4 inches of soil below the bottom of the pipe. When rock or other hard material has been removed to place the pipe, the Bedding Zone will be the 12 inches of soil below the bottom of the pipe. 01025-27 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\AdmimlContract Documents\Technical Specifications.doc Cover Zone: The next zone is backfill that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12 inches above the top of the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. Top Zone: The Top Zone extends from 12 inches above the top of the pipe to the base or final grade. 120-8.3.2 Material: 120-8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding Zone of a pipe with coarse sand, or other suitable granular material, obtained from the grading operations on the project, or a commercial material if no suitable material is available. 120-8.3.2.2 Soil Envelope: In both the Bedding Zone and the Cover Zone of the pipe, backfill with materials classified as A-1, A-2, or A-3. Material classified as A- 4 may be used if the pipe is concrete pipe. 120-8.3.2.3 Top Zone: Backfill the area of the trench above the soil envelope of the pipe with materials allowed on Design Standard, Index No. 505. 120-8.3.3 Compaction: 120-8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to approximately match the density of the soil in which the trench was cut. 120-8.3.3.2 Bedding Zone: If the trench was not undercut below the bottom of the pipe, loosen the soil in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe. If the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of the outside diameter of the pipe. Compact the outer portions to meet the density requirements of the Acceptance Criteria. Place the material in lifts no greater than 6 inches (compacted thickness). 120-8.3.3.3 Cover Zone: Place the material in 6 inches layers (compacted thickness), evenly deposited on both sides of the pipe, and compact with mechanical tampers suitable for this purpose. Hand tamp material below the pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance Criteria. 120-8.3.3.4 Top Zone: Place the material in layers not to exceed 12 inches in compacted thickness. Meet the requirements of the density Acceptance Criteria. 120-8.3.4 Backfill Under Wet Conditions: Where wet conditions are such that dewatering by normal pumping methods would not be effective, the procedure outlined below may be used when specifically authorized by the Engineer in writing. Granular material may be used below the elevation at which mechanical tampers would be effective, but only material classified as A-3. Place and compact the material using timbers or hand tampers until the backfill reaches an elevation such that it's moisture content will permit the use of mechanical tampers. When the backfill has reached such elevation, use normally acceptable backfill material. Compact the material using mechanical tampers in such manner and to such extent as to transfer the compacting force into the material previously tamped by hand. 120-9 Acceptance Program. 120-9.1 Density over 105%: When a computed dry density results in a value greater than 105% of the applicable Proctor maximum dry density, perform a second density test within 5 feet. If the second density results in a value greater than 105%, investigate the compaction methods, examine the applicable Maximum Density and material 01025-28 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc description. If necessary, AASHTO T 99, Method C. test an additional sample for acceptance in accordance with 120-9.2 Maximum Density Determination: Determine the maximum density and optimum moisture content by sampling and testing the material in accordance with the specified test method listed in 120-9.3. 120-9.3 Density Testing Requirements: Ensure compliance with the requirements of 120-9.5 by Nuclear Density testing in accordance with FDOT Florida Method FM 1-T 238. Determine the in-place moisture content for each density test. Use Florida Method FM 1-T 238, FM 5-507 (Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a Microwave Oven) for moisture determination. 120-9.4 Soil Classification: Perform soil classification tests in accordance with AASHTO T-88. Classify soils in accordance with AASHTO M-145 in order to determine compliance with embankment utilization requirements. 120-9.5 Acceptance Criteria: Obtain a minimum density in accordance with 120-7.2 with the following exceptions: 1) embankment constructed by the hydraulic method as specified in 120-6.3; 20-6.2.4; 2) material placed outside the standard minimum slope as specified in 1 3) other areas specifically excluded herein. 120-9.6 Frequency: Conduct sampling and testing at a minimum frequency listed in the table below. Test Name 1204 Fre uenc Maximum Density One per soil type Density 1 per 500' RDWY Alt Lift Soil Classification One per Maximum Density 0 Maintenance and Protection of Work. While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder at least 3 feet wide adjacent to all pavement or base construction in order to provide support for the edges. Maintain and protect all earthwork construction throughout the life of the Contract, and take all reasonable precautions to prevent loss of material from the roadway due to the action of wind or water. Repair any slides, washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work. Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments to the lines, grades, and cross-sections shown in the plans, until final acceptance of the project. 120-11 Construction, 120-11.1 Construction Tolerances: Shape the surface of the earthwork to conform to the lines, grades, and cross-sections shown in the plans. In final shaping of the surface of earthwork, maintain a tolerance of 0.3 foot above or below the plan cross-section with the following exceptions: 1. Shape the surface of shoulders to within 0.1 foot of the plan cross-section. tc. 2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, e 3. Shape the bott om of ditches so that the ditch impounds no water. 01025-29 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc 4. W hen the work does not include construction of base or pavement, shape the entire roadbed (shoulder point to shoulder point) to within 0.1 foot above or below the plan cross-section. Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from the true lines shown in the plans. 120-11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas prior to placing the final wearing course. Do not manipulate any embankment material on a pavement surface. When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic. 120-12 Method of Measurement. 120-12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original position by field survey or by photogrammetric means as designated by the Engineer. Measurement for payment will include the excavation of unsuitable material, lateral ditch excavation, channel excavation, and excavation for structures and pipe. Payment will not be made for excavation or embankment beyond the limits shown in the plans or authorized by the Engineer. 120-12.2 Embankment: Measurement will be made on a loose volume basis, as measured in trucks or other hauling equipment at the point of dumping on the road. Payment will not be made for embankment beyond the limits shown in the plans or authorized by the Engineer. 120-13 Basis of Payment. 120-13.1 General: Prices and payments for the work items included in this Section will be full compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting; dressing the surface of the earthwork; and maintaining and protecting the complete earthwork. 120=13.2 Excavation: The total quantity of all excavation specified under this Section will be paid for at the Contract unit price for Excavation. No payment will be made for the excavation of any materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the Engineer. 120-13.3 Embankment: The total quantity of embankment specified in this Section will be paid for at the Contract unit price for embankment. No payment will be made for materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials placed outside the lines and grades given by the Engineer. Payment shall be made under: Bid Item No. 120-6 -Embankment (Compacted in Place) - Per Cubic Yard 01025-30 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc SECTION — 285 - CE TED COQUINA SHELL BAS Sub Article 2854 is modified by the addition of the following: Base material, thickness and requirements are described in the construction plans. Only one type of alternate base material shall be used. No additional payment will be made for base thickness in excess of the specified thickness 3. B. Payment shall be made under: Bid Item No. 285-706 —Optional Base Group Cemented Coquina 6 (14") Two Lifts Per Square Yard SECTION — 334 -HOT MIX 334-1 Description. T FOR LOCAL AGENCIES 334-1.1 General: Construct a Hot Mix Asphalt (HMA) pavement based on the type of work specified in the Contract and the Asphalt Work Categories as defined below. Meet the applicable requirements for plants, equipment, and construction requirements as defined below. Use a HMA mix that meets the requirements of this specification. 334-1.2 Asphalt Work Mix Categories: Construction of Hot Mix Asphalt Pavement will fall into one of the following work categories: 334-1.2.1 Asphalt Work Category 1: Includes the construction of bike paths. 334-1.2.2 Asphalt Work Category 2: Includes the construction of new HMA turn lanes, paved shoulders and other non -mainline pavement locations. 334-1.2.3 Asphalt Work Category 3: Includes the construction of new mainline HMA pavement lanes, milling and resurfacing. 334-1.3 Mix Types: Construct a HMA pavement with the type of mixture specified in the Contract. In the event a mix type is not identified in the Contract, use the appropriate HMA mix as shown in Table 334-1. Table 334-1 HMA Mix T es Asphalt Work CategoryMix T es Traffic Level 1 Type SP -9.5 A Structural Mixes: Types SP - 2 9.5 or SP -12.5 B or C Friction Mixes: Types FC - 9.5 or FC -12.5 Structural Mixes: Types SP - 3 9.5 or SP -12.5 C Friction Mixes: Types FC - 9.5 or FC -12.5 I(1) Equivalent mixes may be approved as determined by the Engineer. A Type SP or FC mix one traffic level higher than the traffic level specified in the Contract may be substituted, at no additional cost (i.e. Traffic Level B may be substituted for 01025-31 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\AdmimlContract Documents\Technical Specifications.doc Traffic Level A, etc.). Traffic levels are as defined in section 334 of the Department's Standard Specifications for Road and Bridge Construction. 334-1.4 Gradation Classification: HMA mixes are classified as either coarse or fine, depending on the overall gradation of the mixture. Coarse and fine mixes are defined in 334-3.2.2. Use only fine mixes. The equivalent AASHTO nominal maximum aggregate size Superpave mixes are as follows: Type SP -9.5, FC -9.5 9.5 mm Type SP -12.5, FC -12.5 12.5 mm 334-1.5 Thickness: The total pavement thickness of the HMA Pavement will be based on a specified spread rate or plan thickness as shown in the Contract Documents. Before paving, propose a spread rate or thickness for each individual layer meeting the requirements of this specification, which when combined with other layers (as applicable) will equal the plan spread rate or thickness. When the total pavement thickness is specified as plan thickness, the plan thickness and individual layer thickness will be converted to spread rate using the following equation: Spread rate (lbs/yd) = t x Gmm x 43.3 where: t =Thickness (in.) (Plan thickness or individual layer thickness) GMM =Maximum specific gravity from the mix design For target purposes only, spread rate calculations shall be rounded to the nearest Ode number. 334-1.5.1 Layer Thicknesses: Unless otherwise called for in the Contract Documents, the allowable layer thicknesses for HMA mixtures are as follows. Type SP -9.5, FC -9.5 3/4 - 1 1/2 inches Type SP -12.5, FC -12.5 1 1/2 - 2 1/2 inches 334-1.5.2 Additional Requirements: The following requirements also apply to HMA mixtures: 1. When construction includes the paving of adjacent shoulders (<_5 feet wide), the layer thickness for the upper pavement layer and shoulder shall be the same and paved in a single pass, unless otherwise called for in the Contract Documents. 2. For overbuild layers, use the minimum and maximum layer thicknesses as specified above unless called for differently in the Contract Documents. On variable thickness overbuild layers, the minimum allowable thickness may be reduced by 1/2 inch, and the maximum allowable thickness may be increased by 1/2 inch, unless called for differently in the Contract Documents. 334-1.6 Weight of Mixture: The weight of the mixture shall be determined as provided in 320-2.2 of the Florida Department of Transportation (FDOT) specifications. 334-2 Materials. 334-2.1 Superpave Asphalt Binder: Unless specified elsewhere in the Contract or in 334-2.3.3, use a PG 67-22 asphalt binder from the FDOT's Qualified Products List (QPL). If the Contract calls for an alternative binder, meet the requirements of FDOT Specifications Section 336 or 916, as appropriate. 01025-32 Technical Specifications F:1Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection�AdmimlContract Documents\Technical Speciti'Ications.doc 334-2.2 Aggregate: Use aggregate capable of producing a quality pavement. For Category 2 and 3 projects, require the aggregate supplier to certify that the material meets FDOT requirements. For Type FC mixes, use an aggregate blend that consists of crushed granite, crushed Oolitic limestone, other crushed materials (as approved by FDOT for friction courses per Rule 14-103.005, Florida Administrative Code), or a combination of the above. Crushed limestone from the Oolitic formation may be used if it contains a minimum of 12% silica material as determined by FDOT Test Method FM 5-510 and FDOT grants approval of the source prior to its use. As an exception, mixes that contain a minimum of 60% crushed granite may either contain: 1) up to 40% fine aggregate from other sources or 2) a combination of up to 20% RAP and the remaining fine aggregate from other sources. A list of aggregates approved for use in friction courses may be available on the FDOT's website. The URL for obtaining this information, if available, is: www.dot.state.fl.us/statematerialsoffice/quality/programs/quaIitycontrol/materialslistings/sourc es/frictioncourse.pdf. 334-2.3 Reclaimed Asphalt Pavement (RAP) Material: 334-2.3.1 General requirements: RAP may be used as a component of the asphalt mixture, if approved by the Engineer. Usage of RAP is subject to the following requirements: 1. Limit the amount of RAP material used in the mix to a maximum of 50 percent by weight of total aggregate. 2. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. 3. Provide RAP material having a minimum average asphalt content of 4.0 percent by weight of total mix. The Engineer may sample the stockpile to verify that this requirement is met. 4. Use a grizzly or grid over the RAP cold bin, in-line roller crusher, screen, or other suitable means to prevent oversized RAP material from showing up in the completed recycle mixture. If oversized RAP material appears in the completed recycle mix, take the appropriate corrective action immediately. If the appropriate corrective actions are not immediately taken, stop plant operations. 334-2.3.2 Material Characterization: Assume responsibility for establishing the asphalt binder content, gradation, viscosity and bulk specific gravity (Gsb) of the RAP material based on a representative sampling of the material. 334-2.3.3 Asphalt Binder for Mixes with RAP: Select the appropriate asphalt binder grade based on Table 334-2. Maintain the viscosity of the recycled mixture within the range of 5,000 to 15,000 poises. Table 334-2 As halt Binder Grade for Mixes Containin RAP ki Percent RAP Asphalt Binder Grade <20 PG 67-22 20 — 29 PG 64-22 >_ 30 Recycling Agent 01025-33 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 334-3 Composition of Mixture. 334-3.1 General: Compose the asphalt mixture using a combination of aggregates, mineral filler, if required, and asphalt binder material. Size, grade and combine the aggregate fractions to meet the grading and physical properties of the mix design. Aggregates from various sources may be combined. 334-3.2 Mix Design: 334-3.2.1 General: Design the asphalt mixture in accordance with AASHTO R35-04, except as noted herein. Submit the proposed mix design with supporting test data indicating compliance with all mix design criteria to the Engineer. Prior to the production of any asphalt mixture, obtain the Engineer's conditional approval of the mix design. If required by the Engineer, send representative samples of all component materials, including asphalt binder to a laboratory designated by the Engineer for verification. The Engineer will consider any marked variations from original test data for a mix design or any evidence of inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have changed, and at his discretion, the Engineer may no longer allow the use of the mix design. 334-3.2.2 Mixture Gradation Requirements: Combine the aggregates in proportions that will produce an asphalt mixture meeting all of the requirements defined in this specification and conform to the gradation requirements at design as defined in AASHTO M323-04, Table 3. Aggregates from various sources may be combined. 334-3.2.2.1 Mixture Gradation Classification: Plot the combined mixture gradation on an FHWA 0.45 Power Gradation Chart. Include the Control Points from AASHTO M323-04, Table -3, as well as the Primary Control Sieve (PCS) Control Point from AASHTO M323-04, Table 4. Fine mixes are defined as having a gradation that passes above or through the primary control sieve control point. Use only fine mixes. 334-3.2.3 Gyratory Compaction: Compact the design mixture in accordance with AASHTO T312-04. Use the number of gyrations as defined in AASHTO R35-04, Table 1. 334-3.2.4 Design Criteria: Meet the requirements for nominal maximum aggregate size as defined in AASHTO M323-04, as well as for relative density, VMA, VFA, and dust -to -binder ratio as specified in AASHTO M323-04, Table 6. 334-3.2.5 Moisture Susceptibility% Test 4 inch specimens in accordance with FM 1-T 283. Provide a mixture having a retained tensile strength ratio of at least 0.80 and a minimum tensile strength (unconditioned) of 100 psi. If necessary, add a liquid anti -stripping agent from the FDOT's Qualified Products List, or hydrated lime in order to meet these criteria. In lieu of moisture susceptibility testing, add a liquid anti -stripping agent from the FDOT's Qualified Products List. Add 0.5% liquid anti -stripping agent by weight of binder. 334-3.2.6 Additional Information: In addition to the requirements listed above, provide the following information on each mix design: 1. The design traffic level and the design number of gyrations (Ndesign)• 2. The source and description of the materials to be used. 3. The FDOT source number and the FDOT product code of the aggregate components furnished from an FDOT approved source (if required). 4. The gradation and proportions of the raw materials as intended to be combined in the paving mixture. The gradation of the component materials shall be 01025-34 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc representative of the material at the time of use. Compensate for any change in aggregate gradation caused by handling and processing as necessary. 5. A single percentage of the combined mineral aggregate passing each specified sieve. Degradation of the aggregate due to processing (particularly material passing the No. 200 sieve) should be accounted for and identified. 6. The bulk specific gravity (Gsb) value for each individual aggregate and RAP component. 7. A single percentage of asphalt binder by weight of total mix intended to be incorporated in the completed mixture, shown to the nearest 0.1 percent. 8. A target temperature at which the mixture is to be discharged from the plant and a target roadway temperature. Do not exceed a target temperature of 330°F for modified asphalts and 315°F for unmodified asphalts. 9. Provide the physical properties achieved at four different asphalt binder contents. One shall be at the optimum asphalt content, and must conform to all specified physical requirements. 10. The name of the Mix Designer. 11. The ignition oven calibration factor. 334-4 Contractor Quality Control. Assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. Perform any tests necessary at the plant and roadway for quality control purposes. 334-5 General Construction Requirements. 334-5.1 Weather Limitations: Do not transport asphalt mix from the plant to the roadway unless all weather conditions are suitable for the laying operations. 334-5.2 Limitations of Laying Operations: 334-5.2.1 General: Spread the mixture only when the surface upon which it is to be placed has been previously prepared, is intact, firm, and properly cured, and is dry. 334-5.2.2 Air Temperature: Spread the mixture only when the air temperature in the shade and away from artificial heat is at least 40°F for layers reater than 1 inch (100 Ib/yd2) in thickness and at least 45°F for layers 1 inch (100 Ib/yd ) or less in thickness (this includes leveling courses). The minimum temperature requirement for leveling courses with a spread rate of 50 Ib/yd2 or less is 50°F. 334-5.3 Mix Temperature: Heat and combine the ingredients of the mix in such a manner as to produce a mixture with a temperature at the plant and at the roadway, within a range of ±30°F from the target temperature as shown on the mix design. Reject all loads outside of this range. 334-5.4 Transportation of the Mixture: Transport the mixture in vehicles previously cleaned of all foreign material. After cleaning, thinly coat the inside surface of the truck bodies with soapy water or an asphalt release agent as needed to prevent the mixture from adhering to the beds. Do not allow excess liquid to pond in the truck body. Do not use diesel fuel or any other hazardous or environmentally detrimental material as a coating for the inside surface of the truck body. Cover each load at all times. 334-5.5 Preparation of Surfaces Prior to Paving. 334-5.5.1 Cleaning: Clean the surface of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. 01025-35 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 334-5.5.2 Patching and Leveling Courses: Where the HMA is to be placed on an existing pavement which is irregular, wherever the plans indicate, or if directed by the Engineer, bring the existing surface to proper grade and cross-section by the application of patching or leveling courses. 334-5.5.3 Application over Surface Treatment: Where an asphalt mix is to be placed over a surface treatment, sweep and dispose of all loose material from the paving area. 334-5.5.4 Tack Coat: Apply a tack coat on existing pavement structures that are to be overlaid with an asphalt mix and between successive layers of all asphalt mixes, unless directed otherwise by the Engineer. Use a tack coat product meeting FDOT specifications. Use an emulsified tack coat spread rate of 0.02 to 0.08 gal/sy or as specified by the Engineer. 334-5.6 Paving. 334-5.6.1 Alignment of Edges: With the exception of pavements placed adjacent to curb and gutter or other true edges, place all pavements by the stringline method to obtain an accurate, uniform alignment of the pavement edge. Control the unsupported pavement edge to ensure that it will not deviate more than ± 1.5 inches from the stringline. 334-5.6.2 Rain and Surface Conditions: Immediately cease transportation of asphalt mixtures from the plant when rain begins at the roadway. Do not place asphalt mixtures while rain is falling, or when there is water on the surface to be covered. Once the rain has stopped and water has been removed from the tacked surface to the satisfaction of the Engineer and the temperature of the mixture caught in transit still meets the requirements as specified in 334-5.3, the Contractor may then place the mixture caught in transit. 334-5.6.3 Checking Depth of Layer: Check the depth of each layer at frequent intervals, and make adjustments when the thickness exceeds the allowable tolerance of 1/4". Address any material outside of this tolerance per the direction of the Engineer. When making an adjustment, allow the paving machine to travel a minimum distance of 32 feet to stabilize before the second check is made to determine the effects of the adjustment. 334-5.6.4 Hand Spreading: In limited areas where the use of the spreader is impossible or impracticable, spread and finish the mixture by hand. 334-5.6.5 Spreading and Finishing: Upon arrival, dump the mixture in the approved paver, and immediately spread and strike -off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, is secured. Carry a uniform amount of mixture ahead of the screed at all times. 334-5.6.6 Thickness of Layers: Construct each course of Type SP mixtures in layers of the thickness shown in 334-1.5.1. 334-5.7 Leveling Courses: 334-5.7.1 Patching Depressions: Before spreading any leveling course, fill all depressions in the existing surface more than 1 inch deep by spot patching with leveling course mixture, and compact thoroughly. 334-5.7.2 Spreading Leveling Courses: Place all courses of leveling with an asphalt paver or by the use of two motor graders, one being equipped with a spreader box. Other types of leveling devices may be used upon approval by the Engineer. 334-5.7.3 Rate of Application: When using Type SP -9.5 (fine graded) for leveling, do not allow the average spread of a layer to be less than 50 Ib/yd2 or more than 75 Ib/yd 2. The quantity of mix for leveling shown in the plans represents the average for the 01025-36 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc entire project; however, the Contractor may vary the rate of application throughout the project as directed by the Engineer. When leveling in connection with base widening, the Engineer may require placing all the leveling mix prior to the widening operation. 334-5.8 Compaction: For each paving or leveling train in operation, furnish a separate set of rollers, with their operators. When density testing for acceptance is required (Asphalt Work Category 3), select equipment, sequence, and coverage of rolling to meet the specified density requirement. Regardless of the rolling procedure used, complete the final rolling before the surface temperature of the pavement drops to the extent that effective compaction may not be achieved or the rollers begin to damage the pavement. When density testing for acceptance is not required (Asphalt Work Categories 1 and 2), use a rolling pattern approved by the Engineer. Use hand tamps or other satisfactory means to compact areas which are inaccessible to a roller, such as areas adjacent to curbs, headers, gutters, bridges, manholes, etc. 334-5.9 Joints. 334-5.9.1 Transverse Joints: Construct smooth transverse joints, which are within 3/16 inch of a true longitudinal profile when measured with a 15 foot manual straightedge. 334-5.9.2 Longitudinal Joints: For all layers of pavement except the leveling course, place each layer so that longitudinal construction joints are offset 6 to 12 inches laterally between successive layers. Do not construct longitudinal joints in the wheelpaths. The Engineer may waive these requirement where offsetting is not feasible due to the sequence of construction. 334-5.10 Surface Requirements: Construct a smooth pavement with good surface texture and the proper cross -slope. 334-5.10.1 Texture of the Finished Surface of Paving Layers: Produce a finished surface of uniform texture and compaction with no pulled, torn, raveled, crushed or loosened portions and free of segregation, bleeding, flushing, sand streaks, sand spots, or ripples. Correct any area of the surface that does not meet the foregoing requirements in accordance with 334-5.10.4. 334=5.10.2 Cross Slope: Construct a pavement surface with cross slopes in compliance with the requirements of the Contract Documents. 334-5.10.3 Pavement Smoothness: Construct a smooth pavement meeting the requirements of this Specification. Furnish a 15 foot manual and a 15 foot rolling straightedge meeting the requirements of FM 5-509. Make them available at the job site at all times during paving operations for Asphalt Work Category 3 and make them available upon request of the Engineer for Asphalt Work Categories 1 and 2. 334=5.10.3.1 Asphalt Work Category 3: 334=5.10.3.1.1 Acceptance Testing: Using a rolling straightedge, test the final Type SP structural layer and the Type FC layer, where a friction course is called for in the Contract. Test all pavement lanes where the width is constant using a rolling straightedge and document all deficiencies on a form approved by the Engineer. Notify the Engineer of the location and time of all straightedge testing a minimum of 48 hours before beginning testing. 334=5.10.3.1.2 Rolling Straightedge Exceptions: Testing with the rolling straightedge will not be required in the following areas: intersections, tapers, crossovers, parking lots and similar areas. In addition, testing with the rolling straightedge will not be performed on the following areas when they are less than 50 feet in length: turn lanes, 01025-37 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Speci"cations.doc acceleration/deceleration lanes and side streets. However, correct any individual surface irregularity in these areas that deviates from the plan grade in excess of 3/8 inch as determined by a 15 foot manual straightedge, and that the Engineer deems to be objectionable, in accordance with 334-5.10.4. The Engineer may waive or modify straightedging requirements if no milling, leveling, overbuild or underlying structural layerwas placed on the project and the underlying layer was determined to be exceptionally irregular. 334-5.10.3.1.3 Final Type SP Structural Layer: Straightedge the final Type SP structural layer with a rolling straightedge behind the final roller of the paving train or as a separate operation. Address all deficiencies in excess of 3/16 inch in accordance with 334-5.10.4.2. If the Type SP layer is to be the final surface, corrections maybe waived by the Engineer. Retest the corrected areas. 334-5.10.3.1.4 Friction Course Layer: Where a friction course is called for in the Contract, at the completion of all paving operations, straightedge the friction course either behind the final roller of the paving train or as a separate operation. Address all deficiencies in excess of 3/16 inch in accordance with 334-5.10.4.3, unless waived by the Engineer. Retest all corrected areas. 334-5.10.3.2 Asphalt Work Categories 1 and 2: If required by the Engineer, straightedge the final structural layer with a rolling straightedge, either behind the final roller of the paving train or as a separate operation. Correct all deficiencies in excess of 5/16 inch in accordance with 334-5.10.4.2. Retest all corrected areas. If the Engineer determines that the deficiencies on a bicycle path are due to field geometrical conditions, the Engineer will waive corrections with no deduction to the pay item quantity. 334-5.10.4 Correcting Unacceptable Pavement: 334-5.10.4.1 General: Correct all areas of unacceptable pavement at no additional cost. 334-5.10.4.2 Structural Layers: Correct deficiencies in the Type SP structural layer by one of the following methods: a. Remove and replace the full depth of the layer, extending a minimum of 50 feet on both sides of the defective area for the full width of the paving lane. b. Mill the pavement surface to a depth and width that is adequate to remove the deficiency. (This option only applies if the structural layer is not the final surface layer.) 334-5.10.4.3 Friction Course: Correct deficiencies in the friction course layer by removing and replacing the full depth of the layer, extending a minimum of 50 feet on both sides of the defective area for the full width of the paving lane. 334-6 Acceptance of the Mixture. 334-6.1 General: The asphalt mixture will be accepted based on the Asphalt Work Category as defined below: 1) Asphalt Work Category 1 — Certification by the Contractor as defined in 334- 6.2. 2) Asphalt Work Category 2 — Certification and quality control testing by the Contractor as defined in 334-6.3 3) Asphalt Work Category 3 — Quality control testing by the Contractor and acceptance testing by the Engineer as defined in 334-6.4. 334-6.2 Certification by the Contractor: On Asphalt Work Category 1 construction, the Engineer will accept the mix on the basis of visual inspection. Submit a Notarized Certification of Specification Compliance letter on company letterhead to the 01025-38 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc Engineer stating that all material produced and placed on the project was in substantial compliance with the Specifications. The Engineer may run independent tests to determine the acceptability of the material. 334-6.3 Certification and Quality Control Testing by the Contractor: On Asphalt Work Category 2 construction, submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project was in substantial compliance with the Specifications, along with supporting test data documenting all quality control testing as described in 334-6.3.1. If so required by the Contract, utilize an Independent Laboratory as approved by the Engineer for the quality control testing. The mix will also require visual acceptance by the Engineer. In addition, the Engineer may run independent tests to determine the acceptability of the material. 334-6.3.1 Quality Control Sampling and Testing Requirements: Perform quality control testing at a frequency of once per day. Obtain the samples in accordance with FDOT Method FM 1-T 168. Test the mixture at the plant for gradation (P_$ and P-200) and asphalt binder content (Pb). Test the mixture on the roadway for density using six-inch diameter roadway cores obtained at a frequency of three cores per day. Determine the asphalt content of the mixture in accordance with FM 5-563. Determine the gradation of the recovered aggregate in accordance with FM 1-T 030. Determine the roadway density in accordance with FM 1-T 166. The minimum roadway density will be based on the percent of the maximum specific gravity (Gmm) from the approved mix design. If the Contractor or Engineer suspects that the mix design Gmm is no longer representative of the asphalt mixture being produced, then a new Gmm value will be determined from plant -produced mix with the approval of the Engineer. Roadway density testing will not be required in certain situations as described in 334-6.4.1. Assure that the asphalt content, gradation and density test results meet the criteria in Table 334-3, 334-6.4 Quality Control Testing by the Contractor and Acceptance Testing by the Engineer: On Asphalt Work Category 3, perform quality control testing as described in 334-6.3.1. In addition, the Engineer will accept the mixture at the plant with respect to gradation (P-$ and P-200) and asphalt binder content (Pb). The mixture will be accepted on the roadway with respect to density. The Engineer will sample and test the material as described in 334-6.3.1. The Engineer will randomly obtain at least one set of samples per day. Assure that the asphalt content, gradation and density test results meet the criteria in Table 334-3. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer. 334-6.4.1 Acceptance Testing Exceptions: When the total quantity of any mix type in the Project is less than 500 tons, or on Asphalt Work Category 1 construction, 01025-39 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc Table 334-3 Qualitv Control and Acce tance Values Characteristic Tolerance Asphalt Binder Content ercent Target ± 0.55 Passing No. 8 Sieve(percent Target ± 6.00 Passing No. 200 Sieve(percent) Target ± 2.00 Roadway Density (average of three cores 91.5% Gmm Roadway Density an single core 90.0 % Gmm 334-6.4 Quality Control Testing by the Contractor and Acceptance Testing by the Engineer: On Asphalt Work Category 3, perform quality control testing as described in 334-6.3.1. In addition, the Engineer will accept the mixture at the plant with respect to gradation (P-$ and P-200) and asphalt binder content (Pb). The mixture will be accepted on the roadway with respect to density. The Engineer will sample and test the material as described in 334-6.3.1. The Engineer will randomly obtain at least one set of samples per day. Assure that the asphalt content, gradation and density test results meet the criteria in Table 334-3. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer. 334-6.4.1 Acceptance Testing Exceptions: When the total quantity of any mix type in the Project is less than 500 tons, or on Asphalt Work Category 1 construction, 01025-39 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc the Engineer will accept the mix on the basis of visual inspection. The Engineer may run independent tests to determine the acceptability of the material. Density testing for acceptance will not be performed on widening strips or shoulders with a width of 5 feet or less, variable thickness overbuild courses, leveling courses, first lift of asphalt base course placed on subgrade, miscellaneous asphalt pavement, or any course with a specified thickness less than 1 inch or a specified spread rate less than 100 lbs/sy. In addition, density testing for acceptance will not be performed on the following areas when they are less than 1,000 feet in length: crossovers, intersections, turning lanes, acceleration lanes, deceleration lanes, or ramps. Compact these courses in accordance with a standard rolling procedure approved by the Engineer. In the event that the rolling procedure deviates from the approved procedure, placement of the mix will be stopped. 334-7 Method of Measurement. For the work specified under this Section, the quantity to be paid for will be the weight of the mixture, in tons. The bid price for the asphalt mix will include the cost of the liquid asphalt or the asphalt recycling agent and the tack coat application as specified in 334-5.5.4. There will be no separate payment or unit price adjustment for the asphalt binder material in the asphalt mix. 334-8 Basis of Payment. 334-8.1 General: Price and payment will be full compensation for all the work specified under this Section. Bid Item No. 334-1-12A — Superpave Asphaltic Concrete —1" SP 9.5 — Per Ton Bid Item No. 334-1-1213 —Superpave Asphaltic Concrete —2" SP 9.5 (OVERBUILD) — Per Ton Bid Item No. 334-1-13 —Superpave Asphaltic Concrete - 1-1/2" - SP 12.5 —Per Ton SECTION - 344 -LOCAL AGENCY PROGRAM CONCRETE 344-1 Description. 344-1 General: Construct Local Agency Program (LAP) Concrete based on the type of work as described in the Contract and the Concrete Work Categories as defined below. 344-1.2 Work Categories: Construction of LAP concrete elements will fall into one of the following Concrete Work Categories: 344-1.2.1 Concrete Work Category 1: Includes the construction of sidewalks, curb and gutter, ditch and slope pavement, or other non -reinforced cast -in- place or precast elements. 344-1.2.2 Concrete Work Category 2: Includes the construction of precast concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles, concrete bases for light poles, highway sign foundations, retaining wall systems, traffic separators or other structural precast elements. 344-1.2.3 Concrete Work Category 3: Includes the work associated with the placement and/or construction of structural cast -in-place concrete requiring a class of concrete specified in FDOT Section 346, 01025-40 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 344-2 Materials. 344-2.1 General: Use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical or mineral admixtures that meet the following requirements: 344-2.1.1 Portland Cement: Cement shall conform to the requirements of the AASHTO or ASTM designations. Different brands of cement, cement of the same brand from different facilities or different types of cement shall be stored separately and shall not be mixed. Portland cements meeting the requirements of AASHTO M-85 or ASTM C-150 are allowed for LAP concrete. 344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet current FDOT requirements except that source approval by the FDOT is not required. 344-2.1.3 Water: Water shall meet current FDOT requirements. 344-2.1.4 Chemical Admixtures: Chemical admixtures shall meet current FDOT requirements. Admixtures may be added at the dosage rates recommended by the manufacturer. 344-2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the current FDOT requirements. 344-2.2 Material Storage: Use a concrete production facility that meets the following requirements. 344-2.2.1 Cementitious Materials Storage: Provide a separate and clearly labeled weatherproof facility to store each brand or type of cementitious material without mixing or contamination. Provide a suitable, safe and convenient means of collecting cementitious material samples at each storage facility. 344-2.2.2 Aggregate Storage: Provide suitable bins, stockpiles or silos to store and identify aggregates without mixing, segregating or contaminating different grades or types of materials. Identify aggregate type/gradation. Handle the aggregates in a manner to minimize segregation and meet the specification requirements when recovered from storage. Continuously and uniformly sprinkle coarse aggregate with water, for 24 hours preceding introduction into the concrete mix. Timers may be used to facilitate the sprinkling of aggregate stockpiles using an alternating on/off method. However, in no event shall the top surface of the stockpile be permitted to become dry prior to batching of concrete. Moisture probes may be used to determine the moisture content of the aggregate. Ensure that the accuracy of the probe is certified annually and verified weekly. Maintain stored aggregates in a well -drained condition to minimize free water content. Provide access for the Engineer to sample the aggregates from the recovery side of the storage facility. 344-3 Production, Mixing and Delivery of Concrete. 344-3.1 Concrete Production Requirements: Use concrete production facilities certified by the National Ready -Mixed Concrete Association (N RM CA), approved by the FDOT. Produce concrete utilizing equipment that is in good operating condition and operated in a manner to ensure a consistent product. When moisture probes are not used, ensure that the concrete production facility determines the free moisture for the coarse and fine aggregates within two hours prior to each day's batching. On concrete placements expected to exceed three hours, perform an additional moisture test approximately half way through the batching operations and adjust batch proportions accordingly. Ensure that the calibration of the measuring devices of the concrete production facilities meets the requirements of Chapter 531 of the Florida Statutes, and are in 010254 1 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc accordance with Chapter 9.2 of the FDOT Materials Manual. At least quarterly, ensure that all scales, meters and other weighing or measuring devices are checked for accuracy by a qualified representative of a scale company registered with the Bureau of Weights and Measures of the Florida Department of Agriculture. As an alternative, the producer may have this frequency identified in an FDOT approved QC plan. The accuracy of admixture measuring dispensers will be certified annually by the admixture supplier. When Volumetric Mixers are used for Category I applications, deliver concrete in accordance with the requirements of Volumetric Mixer Manufacturers Bureau (VMMB) and ensure that the vehicle has a VMMB registered rating plate. 344-3.2 Classes of Concrete: Classes of concrete to be used on the project will be defined in the Contract Documents. 344-3.3 Contractors Quality Control: The Contractor will supply a Quality Control (QC) plan to identity to the Agency how quality will be ensured at the project site. During random inspections the Agency will use this document to verify that the construction of the project is in agreement with his QC plan. 344-3.4 Concrete Mix Design. Before producing any concrete, submit the proposed mix design to the Engineer on a form provided by the Agency. Otherwise, the agency will accept mix designs previously described in an FDOT approved QC plan. In any event, use only concrete mix designs having prior approval of the Engineer. Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments and substituted material on an Agency approved concrete delivery ticket. The Engineer may disqualify any concrete production facility for non-compliance with specification requirements. 344-3.5 Delivery: For cast -in-place applications, the maximum allowable mixing and agitation time of concrete is 90 minutes. Furnish a delivery ticket on a form approved by the Agency with each batch of concrete before unloading at the placement site. The delivery ticket shall be printed. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher responsible for producing the concrete certifies that the batch was produced in accordance with these Specifications and signs the delivery ticket. The Contractor shall sign the delivery ticket certifying that the concrete was batched, delivered and placed in accordance with these Specifications. The Contractor shall be responsible for rejecting loads of concrete that do not meet the plastic properties of the approve mix design or the minimum compressive strength requirements. At the sole option of the Agency, the Engineer may accept concrete at a reduced pay when it is determined that the concrete will serve its intended function. 344-3.6 Placing Concrete: 344-3.6.1 Concreting in Cold Weather: Do not place concrete when the temperature of the concrete at placement is below 45°F. Meet the air temperature requirements for mixing and placing concrete in cold weather as specified in Section 346. During the curing period, if NOAA predicts the ambient temperature to fall below 35°F for 12 hours or more or to fall below 30°F for more than 4 hours, enclose the structure in such a way that the concrete and air within the enclosure can be kept above 60°F for a period of 3 days after placing the concrete or until the concrete reaches a minimum compressive strength of 1,500 psi. 01025-42 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344-3.6.2 Concreting in Hot Weather: Meet the temperature requirements and special measures for mixing and placing concrete in hot weather as specified in Section 346. When the temperature of the concrete as placed exceeds 75°F, incorporate in the concrete mix a water -reducing retarder or water reducer if allowed by Section 346. Spray reinforcing steel and metal forms with cool fresh waterjust prior to placing the concrete in a method approved by the Engineer. Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344-3.7 Mixers: Ensure that mixers are capable of combining the components of concrete into thoroughly mixed and uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or container. 344-3.8 Small Quantities of Concrete: With approval of the Engineer, small quantities of concrete, less than 3 yd 3 placed in one day and less than 0.5 yd placed in a single placement may be accepted using a pre -bagged mixture. The Agency may verify that the pre -bagged mixture is prepared in accordance with the manufacturer's recommendations and will meet the requirements of this Specification. 344-3.9 Sampling and Testing: 344-3.9.1 Category 1: The Engineer may sample and test the concrete at his discretion to verify its quality. The minimum 28 day compressive strength requirement for this concrete is 2,500 psi. 344=3.9.2: Category 2: Provide a statement of certification from the manufacturer of the precast element that the element meets the quality control and inspection testing requirements of the Contract Documents. 344-3.9.3 Category 3: The Agency will randomly select a sample from each 200 yd 3 or one day's production to determine plastic properties and to make three 4 x 8 inch cylinders for testing by the Agency at 28 days to ensure that the design compressive strength has been met. The Agency may, at its discretion, test additional concrete samples to ensure compliance with the specifications. 344-3.10 Records: Maintain the following records for review for at least 3 years after final acceptance of the project: 1. Approved concrete mix designs. 2. Materials source (delivery tickets, certifications, certified mill test reports). 3. A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters. 4. A copy of the documentation certifying the admixture weighing/measuring devices. 5. For Non Structural LAP concrete the Agency will accept recent NRMCA, VMMB or FDOT inspection records certifying the plant or truck can produce concrete. In 010254 3 Technical Specifications F:\Public WorksIENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc addition, documentation will be available at the plant or in the truck showing that action has been taken to correct deficiencies noted during the inspections. 344-4 Acceptance of the Work. 344-4.1 Category 1 Work: Category 1 work will be accepted based upon compliance with Production, Mixing and Delivery Requirements specified in 344-3. 3444.2 Category 2 Work: Precast elements will be accepted based upon certification from the Contractor that the elements were produced by a production facility on the FDOT's current approved plant list. In addition, the producers QC stamp will be displayed on the element. 3444.3 Category 3 Work: Category 3 work shall be in full compliance with this Specification, and with current FDOT Specifications, Section 346 and associated Contractor Quality Control (QC) specifications governing cast -in-place concrete. In addition, a Delivery Ticket as described in 344-3.5 will be required for acceptance of the material at the project site. 344-5 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted. 344-6 Basis of Payment. Prices and payments will be full compensation for all work and materials specified in this Section. 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 td 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 01025-44 Technical Specifications F:\Public WorksIENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionlAdmim\Contract Documents\Technical Specifications.doc additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water-soluble potash contained in the fertilizer. The chemical designation of the fertilizer shall be 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 operations as necessary to meet the requirements of Article 570-5 and 2.34.13. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0-7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and the second application shall be "weed and feed". The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the sett ing 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 010254 5 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 %" below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. I. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to 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 Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. K. Art icle 570-9. The first paragraph 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. L. Payment shall be made under: Item No.: 570-1-2 -Sodding (Bahia) (or Match Existing) -Per Square Yard SECTION — 580 -LANDSCAPE INSTALLATION 5804 Description. Plant trees and shrubs of the species, size, and quality indicated in the plans. The Engineer reserves the right to adjust the number and location of any of the designated types and species to be used at any of the locations shown, in order to provide for any unanticipated effects which might become apparent after the substantial completion of other phases of the project, or for other causes. 580-2 Materials. 580-2.1 Plants: 01025-46 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thstreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 580-2.1.1 Authority for Nomenclature; Species, etc.: For the designated authority in the identification of all plant material, refer to two publications of L.H. Bailey: "Hortus II I" and "Manual of Cultivated Plants," and ensure that all specimens are true to type, name, etc., as described therein. For the standard nomenclature, refer to the publication of the American Joint Committee on Horticultural Nomenclature, "Standardized Plant Names." 580-2.1.2 Grade Standards and Conformity with Type and Species: Only use nursery grown plant material except where specified as Collected Material. Use nursery grown plant material that complies with all required inspection, grading standards, and plant regulations in accordance with the latest edition of the Florida Department of Agriculture's "Grades and Standards for Nursery Plants". Except where a lesser grade might be specifically specified in the plans, ensure that the minimum grade for all trees and shrubs is Florida No. 1. Ensure that all plants are the proper size and grade at the time of delivery to the site, throughout the project construction period and during any designated plant establishment period. Ensure that plant materials are true to type and species and that any plant materials not specifically covered in Florida Department of Agriculture's "Grades and Standards for Nursery Plants" conform in type and species with the standards and designations in general acceptance by Florida nurseries. Ensure that plant materials are shipped with tags stating the botanical and common name of the plant. 580-2.1.3 Inspection and Transporting: Move nursery stock in accordance with all Federal and State regulations therefor, and accompany each shipment with the required inspection certificates for filing with the Engineer. 580-2.2 Water: Water used in landscaping operations may be obtained from any approved source. Ensure that water is free of any substance which might be detrimental to plant growth. The use of effluent water is subject to approval and must meet all Federal, State and Local requirements. 580-3 Specific Requirements for the Various Plant Designations. 580-3.1 Balledmull d-Burlapped Plants (B&B), and Wired Balled-and-Burlapped (WB & B): 580-3.1.1 General: Properly protect the root ball of these plants until planting them. The Engineer may reject any plant which shows evidence of having been mishandled. Set the B&B and WB&B plants then remove the top 2/3 of all wire, rope, anA binding surrounding the plant. Remove the burlap from the top 4 inches [100 mm] of the root ball. Do not disturb the root ball in any way. Bare root material is not allowed for substitution. At least 90 days before digging out B & B and WB & B plants, root -prune those 1 1/2 inches [38 mm] or greater in diameter and certify such fact on accompanying invoices. 580-3.1.2 Provisions for Wiring: For plants grown in soil of a loose texture, which does not readily adhere to the root system (and especially in the case T1 plants or trees), the Engineer may require WB & B plants. For WB & B plants, before removing the plant from the excavated hole, place sound hog wire around the burlapped ball, and loop and tension it until the tightened wire netting substantially packages the burlapped all such as to prevent disturbing of the loose soil around the roots during handling. 01025-47 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\Technical Specifications.doc 580-3.2 Container -Grown Plants (CG): The Engineer will not accept any CG plants with roots which have become pot-bound or for which the top system is too large for the size of the container. Fully cut and open all containers in a manner that will not damage the root system. Do not remove CG plants from the container until immediately before planting to prevent damage to the root system. 580-3.3 Collected Plants (Trees and Shrubs) (C): Use C plants which have a root ball according to "Florida Grades and Standards for Nursery Plants". Do not plant any C plant before the Engineer's inspection and acceptance at the planting site. 580-3.4 Collected Plants (Herbaceous) (HC): The root mass and vegetative portions of collected herbaceous plants shall be as large as the specified container -grown equivalent. Do not plant any collected plant before inspection and acceptance by the Engineer. 580-3.5 Specimen Plants (Special Grade): When Specimen (or Special Grade) plants are required, label them as such on the plant list, and tag the plant to be furnished. 580-3.6 Palms: Wrap the roots of all plants of the palm species before transporting, except if they are CG plants and ensure that they have an adequate root ball structure and mass for healthy transplantation as defined in "Florida Grades and Standards for Nursery Plants". The Engineer will not require burlapping if the palm is carefully dug from marl or heavy soil that adheres to the roots and retains its shape without crumbling. During transporting and after arrival, carefully protect root balls of palms from wind and exposure to the sun. Muck grown palms are not allowed. After delivery to the job site, if not planting the palm within 24 hours, cover the root ball with a moist material. Plant all palms within 48 hours of delivery to the site. Move sabal and coconut palms in accordance with the "Florida Grades and Standards for Nursery Plants." 580-3.7 Substitution of Container -Grown (CG) Plants: With the Engineer's approval, the Contractor may substitute CG plants for any other root classification types, if he has met all other requirements of the Contract Documents. 580-4 Planting Requirements. 580-4.1 Layout: Prior to any excavation or planting, mark all planting beds and individual locations of palms, trees, large shrubs and proposed art and architectural structures, as shown in the plans, on the ground with a common bright orange colored spray paint, or with other approved methods, within the project limits. Obtain the Engineer's approval and make necessary utility clearance requests. 580-4.2 Excavation of Plant Holes: Excavate plant holes after an area around the plant three times the size of the root ball has been tilled to a depth of the root ball. Ensure that the plant hole is made in the center of the tilled area only to the depth of the plant root ball. Where excess material has been excavated -from the plant hole, use the excavated material to backfill to proper level. 5804.3 Setting of Plants: Center plants in the hole. Lower the plant into the hole so that it rests on a prepared hole bottom such that the roots are level with, or slightly above, the level of their previous growth and so oriented such as to present the best appearance. 01025-48 Technical Specifications F:\Public WorksIENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc Backfill with native soil, unless otherwise specified on the plans. Firmly rod and water -in the backfill so that no air pockets remain. Apply a sufficient quantity of water immediately upon planting to thoroughly moisten all of the backfilled earth. Keep plants in a moistened condition for the duration of the planting period. When so directed, form a water ring 6 inches [150 mm] in width to make a water collecting basin with an inside diameter equal to the diameter of the excavated hole. Maintain the water ring in an acceptable condition. 580-4.4 Special Bed Preparation: Where multiple or mass plantings are to be made in extended bedding areas, and the plans specify Special Bed Preparation, prepare the planting beds as follows: Remove all vegetation from within the area of the planting bed and excavate the surface soil to a depth of 6 inches [150 mm]. Backfill the excavated area with peat, sand, finish soil layer material or other material to the elevation of the original surface. Till the entire area to provide a loose, friable mixture to a depth of at least 8 inches [200 mm]. Level the bed only slightly above the adjacent ground level. Then mulch the entire bedding area, in accordance with 580-8. 580-5 Staking and Guying. 580-5.1 General: When specified in the plans, or as directed by the Engineer, stake plants in accordance with the following. Use wide plastic, rubber or other flexible strapping materials to support the tree to stakes or ground anchors that will give as the tree moves in any direction up to 30 degrees. Do not use rope or wire through a hose. Use guy chords, hose or any other thin bracing or anchorage material which has a minimum 12 inches [300 mm] length of high visibility flagging tape secured to guys, midway between the tree and stakes for safety. Stake trees larger than 1 inch [25 mm] diameter and smaller than 2 inches [50 mm] diameter with a 2 by 2 inch [50 by 50 mm] stake, set at least 2 feet [0.6 m] in the ground and extending to the crown of the plant. Firmly fasten the plant to the stake with flexible strapping materials as noted above. 580-5.2 Trees of 2 to 3 1/2 inches [50 to 90 mm] Caliper: Stake all trees, other than palm trees, larger than 2 inches [50 mm] caliper and smaller than 3 1/2 inches [90 mm] caliper with two 2 by inch [50 by 100 mm] stakes, 8 feet [2.4 m] long, set 2 feet [0.6 m] in the ground. Place the tree midway between the stakes and hold it firmly in place by flexible strapping materials as noted above. 580-5.3 Large Trees: Guy all trees, other than palm trees, larger than 3 1/2 inches [90 mm] caliper, from at least three points, with flexible strapping materials as noted above. Anchor flexible strapping to 2 by 4 by 24 inch [50 by 100 by 600 mm] stakes, driven into the ground such that the top of the stake is at least 3 inches [75 mm] below the finished ground. 580-5.4 Special Requirements for Palm Trees: Brace palms which are to be staked with three 2 by 4 inch [50 by 100 mm] wood braces, toe -nailed to cleats which are securely banded at two points to the palm, at a point one third the height of the trunk. Pad the trunk with five layers of burlap under the cleats. Place braces approximately 120 degrees apart and secure them underground by 2 by 4 by 12 inch [50 by 100 by 300 mm] stake pads. 01025-49 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd IntersectionWdmim\Contract Documents\Technical Specifications.doc 580-6 Tree Protection and Root Barriers. Install tree barricades when called for in the Contract Documents or by the Engineerto protect existing trees from damage during project construction. Place barricades at the drip line of the tree foliage or as far from the base of the tree trunk as possible. Barricades shall be able to withstand bumps by heavy equipment and trucks. Maintain barricades in good condition. When called for in the Contract Documents, install root barriers or fabrics in accordance with the details shown. 580-7 Pruning. Prune all broken or damaged roots and limbs in accordance with established arboriculture practices. When pruning is completed ensure that all remaining wood is alive. Do not reduce the size or quality of the plant below the minimum specified. 580-8 Mulching. Uniformly apply mulch material, consisting of wood chips (no Cypress Mulch is allowed), pine straw, compost, or other suitable material approved by the Engineer, to a minimum loose thickness of 3 inches [75 mm] over the entire area of the backfilled hole or bed within two days after the planting. Maintain the mulch continuously in place until the time of final inspection. 580-9 Disposal of Surplus Materials and Debris. Dispose of surplus excavated material from plant holes by scattering or otherwise as might be directed so that it is not readily visible or conspicuous to the passing motorist or pedestrian. Remove all debris and other objectionable material from the site and clean up the entire area and leave it in neat condition. 580-10 Contractor's Responsibility for Condition of the Plantings. Ensure that the plants are kept watered, that the staking and guying is kept adjusted as necessary, that all planting areas and beds are kept free of weeds and undesirable plant growth and that the plants are maintained so that they are healthy, vigorous, and undamaged at the time of acceptance. 580-11 Plant Establishment Period. If the Contract Documents designate a Plant Establishment Period, assume responsibility for the proper maintenance, survival and condition of all landscape items during such period at no additional cost. 5804 2 Method of Measurement. The quantities to be paid for will be the items shown in the plans com leted and accepted. p 580-13 Basis of Payment. Prices and payments will be full compensation for all work specified in this Section. 01025-50 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd Intersection\AdmimlContract DocumentslTechnical Specifications.doc =CTION - 00700 SIGNING AND PAVEMENT MARKINGS A. Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010), Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. B. Traffic Signs: All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. C. All reflective pavement markers shall be 4" x 4" Item of Payment Payment shall be made under: Bid Item No. 700-20-11 — Sign, Single Post (less than 12) - Per Assembly Bid Item No. 706-3 — Retro -reflective Pavement Markers — Per Each Bid Item No. 711-11-121 — Traffic Stripe (Solid) (Thermoplastic) (White)(6") — Per Linear Foot Bid Item No. 711-11-122 — Traffic Stripe (Solid) (Thermoplastic) (White) (8") — Per Linear Foot Bid Item No. 711-12-123 — 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 -1 1 -1 25 — Traffic Stripe (Solid) (Thermoplastic) (White) (24") — Per Linear Foot Bid Item No. 711-11-141 — Traffic Stripe (Skip) (Thermoplastic) (White) (6") — Per Linear Foot Bid Item No. 711-11-170 — Directional Arrows (Thermoplastic) — Per Each Bid Item No. 711 -1 1 -2211 —Traffic Stripe (Solid) (Thermoplastic) (Yellow) (6") —Per Linear Foot Bid Item No. 711-11-224 — Traffic Stripe (Solid) (Thermoplastic) (Yellow) (18") — Per Linear Foot Bid Item No. 711-11-241 — Traffic Stripe (Skip) (Thermoplastic) (Yellow) (6") — Per Linear Foot + +END OF SECTION + + 01025-51 Technical Specifications F:1Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract DocumentslTechnical Specifications.doc APPENDIX `A' PERMITS NO PERMITS REQUIRED Appendix A -Permits F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\.Admim\Contract Documents\APPENDIX A - Permits.doc APPENDIX `D' FEDERAL REQUIRED CONTRACT PROVISIONS Appendix B -Permits F:�Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection�Admim\Contract Documents�APPENDIX B -Federal Required Contract Provisions.doc Federal Required Contract Provisions Federal Highway Administration Funds for this project are derived from federal grants and therefore the successful contractor must comply with federal guidelines. The federal funds appropriated by the Department of Transportation (DOT), Federal Highway Administration (FHWA) will be administered through the Florida Department of Transportation (FDOT or SHA (state highway authority)). In the event of a conflict between the Federal Requirements listed in this section and other provisions of the Invitation to Bid, the Federal Requirements will govern and prevail. 1. GENERAL (1) These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. (2) Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. (3) A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. (4) A breach of the following clauses of the Required Contract Provisions may also be grounds fU1 debarment as provided in 29 CFR 5.12: Section I, paragraph 2 (General) Section 8, paragraphs 1, 2, 3, 4, and 7, (Payment of Predetermined Minimum Wage) Section 9, paragraphs 1 and 2a through 2g. (Statements and Payroll) (5) Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 2. PREQUALIFICATION, NIA, Project is not located on a State Highway System. 3. CONTRACT AWARD The contract will be awarded on the basis of the lowest responsive bid submitted by a bidder meeting the requirements of the Invitation to Bid. 4. SELECTION OF LABOR During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States 1 or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 5. NON-DISCRIMINATION {1) Contractor Representations. During the performance of the contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, bur not be limited to the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor of purposed of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in party and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the provisions of sub -paragraphs (a) through (f) in every subcontract of purchase order unless exempted by rules, regulations or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order No. 11246 of September 247 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may requires the Untied States to enter into such litigation to protect the interests of the United States. (h) The contractor shall keep such records as are necessary to determine compliance with the 2 equal employment opportunity obligations. All such records must be maintained for a period of three (3) years following completion of the contract work and be available at reasonable times and places for inspection by representatives of the County, FDOT and FHWA. (2) Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the County, FDOT and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training.' (3) EEO Officer: The contractor will designate and make known to the County and FDOT an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. (4) Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged indirect recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 3 (5) Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. (6) Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. W here evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. (7) Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the 4 event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. (8) Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. (9) Selection of Subcontractors Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from FDOT. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 5 (10) Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of five years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the County, FDOT and/or the FHWA. aI The records kept by the contractor shall document the following: 1. The number of minority and non -minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractor will submit an annual report to FDOT each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. 6. CIVIL RIGHTS The following requirements will apply to the awarded contract and any sub -contracts: (1) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §623, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FHWA may issue. (2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amendedI 42 U.S.C. §12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance. 7. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of the contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. G b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. 8. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) (1) General a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -13211) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics perf orming work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. (2) Classification a. The County and/or FDOT shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. 7 b. The County and/or FDOT shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classcation is uzed in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210, The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. f. '` The U.S. Department of Labor Wage Rates applicable to this contract are listed in Wage Rate Decision Number FL317, as modified up through ten days prior to the bid opening. The Wage Tables are included in this document. Review the Wage Tables for all classifications necessary to complete the project. If needed, request additional classifications needed prior to bid opening. General guidance on the use of Wage Tables is available on the MOT website at www.dot.state.fl.us/construction/wage.htm. The FDOT Wage Rate Coordinator may be contacted at 850-414-4251. (3) Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The 0 Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (4) Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: aI Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman -level employees on thejob site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on thejob site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman - level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (5) Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. (6) Withholding: The County shall upon its own action or upon written request of FDOT or an authorized representative of the DOL, withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, FDOT may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 10 (7) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. (8) Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. (9) Withholding for Unpaid Wag_es and Liquidated Damages: The County or FDOT shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. 9. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) (1) Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. (2) Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. dP Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the c)ntract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section available for inspection, copying, or transcription by authorized representatives of the County, FDOT, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the County, FDOT, the FHWA, the DOL, or all may, after written notice to 12 the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, 10. RECORD OF MATERIALS, SUPPLIES, AND LABOR (1) On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to furnished materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. (2) At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. 11. SUBLETTING OR ASSIGNING THE CONTRACT (1) The contractor shall perf orm with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. (2) The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. (3) The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct perf ormance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. (4) No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 12. SAFETY: ACCIDENT PREVENTION (1) In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the County or MOT may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. (2) It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). (3) Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 13. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or 14 Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." 14. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) youubmission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: (1) That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. (2) That the firm agrees to comply and remain incompliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (3) That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. 15. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION (1) Instructions for Certification —Prime Contractor: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. bI The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 15 d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary part icipant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 16 b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (2) Instructions for Certification -Subcontracts: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and subm fitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transactionI" "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The 17 knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agencywith which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Subcontracts and Purchase Orders: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 16. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) (1) The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (2) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 18 17. BUY AMERICA All steel or iron used must be produced in the United States, in accordance with 23 CFR 635.410, as amended. All manufacturing processes, including grinding, drilling, welding, finishing or application of a coating, for such steel or iron materials, must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. If domestic steel or iron is taken outside of the United States for any process, it becomes foreign source material. If steel or iron will be a component of any manufactured product incorporated into the project, these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials doe not exceed $2,500. The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or noncompliance with Buy America. A certification form is attached. The contractor will also be required to provide, prior to incorporating the materials into the Project, certifications from the producer of steel or iron, or any produce containing steel or iron as a component, stating that all steel or iron furnished was produced entirely within the United States or was produced within the United States except for minimal quantities of foreign steel and iron valued at ($insert actual value). 18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (1) Polic The contractor shall ensure that Disadvantaged Business Enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of this project. In this regard, the contractor shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts or subcontracts with respect to this Project. (2) DBE Availability Goal Percentage. The DBE Goal Percentage for this project is 7.9%. This DBE availability goal percentage is not a mandatory contract specification, but it is a guide to inform the contractor of the work that could reasonably be contracted to a DBE. (3) DBE Certification. Only DBE firm(c) certified by the FDOT Equal Opportunity Office shL1ll be considered disadvantaged business enterprises for the purposes of this bid and any resulting contract. To verify whether a firm is certified as a DBE for the work being performed, the contractor must refer to the DBE Directory published by the FDOT Equal Opportunity Office on the Internet at: www.dot.state.fl.us/equalopportunityoffice/ or through the Florida Unified Certification Program at www.bipincwebapps.com/biznetflorida/. If the Internet is not available, call the Equal Opportunity Office for verification at (850) 4144747. (4) Anticipated DBE Participation Statement. Contractor shall complete and submit the Anticipated DBE Participation Statement prior to the pre -construction conference through the FDOT Equal Opportunity Office on the Internet. A hard copy of the Statement should also be provided the pre -construction conference. The Statement must only include companies certified as a DBE. The Statement can and should be updated when additions or deletions are made through the life of the contract. This will not become a mandatory part of the contract. When reporting anticipated DBE utilization or actual payments, the following guidelines prescribed in the 49 C.F.R. Part 26 shall apply: a) When a DBE participates in a contract, count only the value of the work actually performed by the DBE toward DBE participation. b) Count expenditures to a DBE contractor toward DBE goals only if the DBE is perf orming a commercially useful function on the project. c) Follow the DBE reporting guidelines established by FDOT. 19 (5) Reporting. Contractor shall report monthly, through the FDOT Equal Opportunity Reporting System on the FDOT website, actual payment, retainage, DBE status and work type of all subcontractors and major suppliers. Contractor shall develop a record keeping system to monitor DBE participation including the following: i) number and dollar value of contracts awarded to DBE subcontractors. a description of the general categories of subcontracts awarded to DBEs. the specific efforts employed to identify and award subcontracts to DBEs. All records relating to DBE participation and subcontracts shall be maintained for a period of five (5) years following acceptance of final payment. All such records shall be available for inspection by the County, FDOT or the Federal Highway Administration upon request. 19. BID OPPORTUNITY LIST. Federal regulations require the bidder to report on all firms that bid or quote subcontracts on FDOT- assisted projects, including both DBEs and non -DBEs. The Bid Opportunity List form must be completed by all bidders identifying ALL subcontractor who quoted to bidder for this project and contract. A form Bid Opportunity List form is attached and must be submitted with the bid proposal. 20. NON -COLLUSION Bidder shall submit the included Non -Collusion Certification with its bid proposal, certifying that the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with its bid. Failure to submit the certification with the bid will make the bid non-responsive and not eligible for award consideration. 21. STANDARDIZED CHANGED CONDITIONS CLAUSE (1) Differing site conditions. a) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contractor if unknown physical conditions of an unusual nature, differing materially form those ordinarily encountered and generally recognized as inherent in the work provided for in the contract re encountered at the site, the party discovery such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. b) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contact, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. c) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. d) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (2) Suspensions of work ordered by the engineer. C3) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. b) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. c) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. d) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Sianificant Changes in the Character of Work. a) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. b) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. c) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. d) The term "significant change" shall be construed to apply only to the following circumstances: 1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or 2) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 21 22. CHANGE ORDERS Florida Department of Transportation (FDOT) and Federal Highway Administration (FHWA) approval shall be required on all construction contract changes. All such changes shall be documented on the FHWA Approval -Major and Minor Construction Changes, Form No. 700-010-47. 23. TIME EXTENSIONS. The County may grant an extension of Contract Time when it add s new work items or provides for unforeseen work, provided that the additional work actually impacts the contract critical path completion schedule. The City may also grant an extension of Contract Time when a critical path item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid or if failure of the County to fulfill an obligation under the contract results in delays to the schedule critical path. The County may consider the delays in delivery of materials or equipment that affect progress on a critical item of work as the basis for granting a time extension if such delays are beyond the control of the Contractor. Requests for time extensions due to delay in the delivery of custom manufactured equipment or fixtures will not be considered unless the contractor furnishes documentation that the order was placed in a timely manner and the lack of such equipment cased a delay in progress on a critical item. Extensions of Contract Time will not be granted for delays due to the fault or negligence of the Contractor. No allowance for inclement weather should be made in establishing the Contract Time. The County may grant time extensions on a day for day basis for delays caused only by inclement weather conditions that prevent the contractor from productively performing critical path items where: (i) the contractor is unable to work at least 50% of the day on a pre -determined critical path item due to the weather; or (ii) the contractor must make major repairs to work damaged by weather provided that the damage is not due to the contractor's failure to perform and that the contractor is unable to work at least 50% of the day on pre -determined critical path items. 24. LIQUIDATED DAMAGES Applicable liquidated damages will be assessed in the following amount: X388.00 per day 25. CONTRACT CLAIMS BY CONTRACTOR Should the contractor intend to file a claim for additional monetary compensation, time or other adjustments to the contract and the County disputes the contractor's entitlement to the claim or the impact of the claim, Contractor must provide written notification to the County of contractor's intent to file a claim. This notice must be given before the contractor begins any work on which the claim is based. Failure of the contractor to notify the County before beginning work on any disputed items waives the contractor's right to claim. The contractor's notice of intent to file a claim should contain: (1) A statement as to what changed, including a description of the nature and extent of the change. (2) An indication of who directed or what caused the change. (3) A description of how the change has or will impact the contractor, including reference to any impacted critical activities on the contractor's latest accepted schedule update. (4) A statement of damages, or an estimate of damages if available, detailing the amount of compensation, time and/or other adjustment to the contract that is being requested. 26. DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain adrug-free 22 workplace. The bidder shall complete and submit with its bid proposal the attached certification. Failure to include an executed certification may cause the bid proposal to be considered non-responsive. 27. SUSPENSION AND DEBARMENT The bidder shall complete and submit with its bid proposal the certification regarding debarment form included in this package, or an explanation as provided herein. The inability to provide the certification will not necessarily result in denial of participation in the project. The bidder shall submit an explanation of why it cannot provide the requested certification, which will be considered in evaluation of the bidder's bid package. However, failure by a bidder to furnish a certification or an explanation shall disqualify such bidder from this project. The bidder agrees by submitting its bid that should it be awarded the contract, it will not knowingly enter into any sub -contracts for this project with a person who is debarred, suspended, declared ineligible or excluded from participation in this transaction. The bidder further agrees that it will require the same certification in all solicitations for and from all sub -contractors on the project. The certification is a material representation of fact upon which the County will rely. If it is later determined that the bidder rendered an erroneous certification, or knowingly entered into a sub -contract with a subcontractor who is debarred, suspended or ineligible, the County may terminate the contract for cause of default. 28. EQUIPMENT (1) Publicly Owned Equipment "The policy definition of publicly owned equipment is ". . equipment previously purchased or otherwise acquired by the public agency involved for use in its own operations." the policy goes on to state that "... publicly owned equipment should not normally compete with privately owned equipment on a project to be let to contract.' (2). Equipment Rental Rates. Contractor shall comply with the cost principles and procedures set forth in 48 C.F.R. Part 31. Reasonable costs of renting construction equipment are allowable; but the allowability of charges of equipment rentals from any division, subsidiary of organization under common control of contractor will be determined in accordance with 48 C.F.R. Sec. 31.205-36(b)(3). 29. MATERIALS (1) Source of Supply; Convict Labor. Materials produced by convict labor are prohibited from use on this project unless specific written authority for such use is obtained from FDOT and: (i) such materials are produced by convicts on parole, supervised release, or probation from a prison. (2) No Local Preference. The contractor must furnish all materials to be incorporated in the work, and the contractor shall be permitted to select the sources from which the materials are to be obtained. The County shall not impose any requirement or enforce any procedure which operates to require the use of, or provides a price differential in favor of, articles or materials produced within the State. 30, SALVAGE CREDITS. There will be no credit to the project as a result of salvaged materials or equipment. 31. SUBCONTRACTING (1) Prime Contractor Requirement. The prime contractor shall perform at least 30 percent of contract work with its own organization. This percentage shall be of the original contract price, exclusive of specialty items, but include the cost of materials and manufactured products purchased or produced by the prime contractor. (2) Subcontract approval. No portion of the work may be sublet, assigned, or otherwise subcontracted without the written consent of the County. Subcontract approval shall be based on satisfactory 23 evidence that each subcontract is in writing and contains all the pertinent provisions. The approval of a subcontract does not relieve the contractor of responsibility for fulfillment of the contract. 32. ACCESS TO RECORDS (1) The Contractor agrees to provide the County, FDOT, FHWA, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the contract for the purposes of making audits, examinations, excerpts and transcriptions. (2) The Contractor agrees to maintain all books, records, accounts and reports required under the contract for a period of not less than five years after the date of termination or expiration of the contract, except in the event of litigation or settlement of claims arising from the performance of the contract, in which case Contractor agrees to maintain same until the County, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 33. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FHWA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FHWA, the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FHWA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 34. NO OBLIGATION BY THE FEDERAL GOVERNMENT (1) Absent the express written consent by the Federal Government, the Federal Government or the Federal Highway Authority is not a party to the contract and shall not be subject to any obligations or liabilities to the County, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FHWA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 35. LOCAL HIRING PREFERENCE There shall be no local hiring preference in this project. 24 GENERAL CONDITIONS AND TERMS Section Caption GC 1 Definitions GC 2 Execution, Correlation and Intent GC 3 Contractor Liable and Responsible to Owner 3C4 Engineer's Status GC 5 Design, Drawings and Specifications GC 6 Materials, Labor, Equipment GC 7 Permit and Fees GC 8 Project Manager 3C9 Subcontractors and Suppliers GC 10 Contractor Meetings GC 11 Scheduling GC 12 Schedule of Values GC 13 Land for Work GC 14 Survey, Lines and Grade GC 15 Site Conditions GC 16 Subsoil Conditions GC 17 Surface and Subsurface Water GC 18 Contractor Work Area GC 19 Contractor -Furnished Materials, Equipment and Workmanship GC 20 Protection of the Work and Property GC 21 Utilities GC 22 Delivery Unloading and Storage GC 23 Fire Protection GC 24 Illumination GC 25 Dust Control GC 26 Pollution Control GC 27 Explosives and Hazardous Materials GC 28 Labor GC 29 Safety GC 30 Progress GC 31 Inspection GC 32 Testing GC 33 Substitution GC 34 Correction of Defective Materials or Workmanship GC 35 Correction of Work GC 36 Owner's Right to Correct or Complete Work GC 37 Changes in Work GC 38 Use of Completed Portions GC 39 Cleaning Up 25 GC 40 Basic Requirements Prior to Substantial Completion GC 41 Final Inspection and Acceptance GC 42 Extension of Time GC 43 No Damages for Delay; Exclusive Remedy GC 44 Payment Procedure GC 45 Liens GC 46 Surety or Performance Bond GC 47 Insurance GC 48 Indemnity GC 49 Dispute Resolution GC 50 Owner's Right to Terminate Contract for Cause GC 51 Suspension or Termination by Owner for Convenience GC 52 Contractor Obligations Upon Termination GC 53 Removal of Equipment GC 54 Warranty GC 55 Royalties and Patents GC 56 Verbal Agreements GC 57 Miscellaneous Provisions 26 GC 1 DEFINITIONS (a) The "Owner", the "Contractor", and the "Engineer" are treated throughout the Contract as if each were of the singular number and masculine gender. (b) "Engineer" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the County or the designed staff engineer of the Public Works Department of the County. (c) "Subcontractor" includes only those having a direct contract with the Contractor, and it includes one who furnishes material worked to a special design according to the plans and specifications of this work but does not include one who merely furnishes material not so worked. (d) The term "work" means the construction services required by the Contract Documents/ this Agreement and requires all labor, materials and services to be provided by the Contractor to fulfill the Contractor's obligations under this Agreement. GC 2 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS: The Contract Documents shall be executed in two original sets by Owner and Contractor. The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. In the event of any conflict among the Contract Documents, the Documents shall be construed according to the following priorities: First Priority: Second Priority: Third Priority: Fourth Priority: Fifth Priority: Sixth Priority Seventh Priority Specifications (quality) Drawings (location) Special Terms General Terms and Conditions Contract Documents Invitation to Bid Contractor's Bid In any event of inconsistency, however, the latest, and more stringent, or technical, or the greater quantity requirements 0hall control the work to be performed by the Contractor. CG 3 CONTRACTOR RESPONSIBILITIES. a) The Contractor shall be held liable to the Owner for the performance of all work provided for under this Contract. These specifications make no attempt to fix the scope of the work of any subcontractor nor the responsibilities of the subcontractors. b) Contractor shall provide all labor, materials, equipment, tools, construction equipment and machinery, heat, utilities, and other facilities and services necessary for the property execution and completion of the Work. c) Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the work. Contractor shall be solely responsible for the engagement and management of any subcontractors used to perform any portion of the work. d) The Contractor shall be liable to the Owner for materials furnished. This shall include all materials whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of the Owner approved the installation or erection of any item of material and the Contractor feels the same is not fabricated in good workmanlike manner, he shall forthwith advise the Engineer and the Owner thereof in writing. e) The Contractor shall provide for each of the following activities: (1) Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 27 (2) Maintain a roster of subcontractors will name and contact telephone numbers for key personnel. (3) Provide a safety program for the project and conduct a safety meeting prior to commencing work. f) Any disputes which may arise in this connection between the Contractor and any subcontractor must be settled between the parties concerned. The Owner will not undertake nor be in any way responsible for the settlement of such disputes. GC 4 ENGINEER'S STATUS. a) The Engineer will provide observation of the Contractor's activities and progress of the work. The Engineer will make complete and thorough inspections of all construction, draft change orders, and verify and certify partial and/or final payments due to the Contractor. The Engineer may, during the life of the Contract issue additional instructions, by means of drawings, minor change orders or otherwise, necessary to illustrate changes in the work. b) The Engineer shall have authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property. He shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. c) The Engineer will make decisions in writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the work or the interpretation of the Contract documents. All such decisions of the Engineer shall be final. GC 5 DESIGN, DRAWINGS AND SPECIFICATIONS. a) The Owner through the Engineer, or the Engineer as the Owner's representative, shall furnish plans and specifications which completely represent the requirements of the work as far as practical to be performed under the Documents and shall be true developments thereof. The Owner will be responsible for the adequacy and sufficiency of the plans and specifications. The Owner or Engineer will provide the Contractor with copies of all drawings and specifications, not to exceed four (4) complete sets, for the execution of the work. b) The specifications and the drawings accompanying them are intended to describe and provide for a finished piece of work; they are intended to be complementary and what is called for by either shall be as binding as if called for by both. The Contractor understands that the work shall be complete in every detail, notwithstanding every item necessarily involved is not particularly mentioned, and the Contractor shall be held to provide all labor and material necessary for the completion of the indicated work. C) The Contractor shall, immediately upon receipt of the drawings, check all drawings furnished and shall promptly notify Owner of any illegibility, errors, omission, defect or discrepancies discovered in such drawings and shall comment as appropriate upon construction feasibility and practicality. The Contractor shall perform work only in accordance with the permitted drawings and any subsequent revisions thereto. d) If the permitted drawings change the scope of the work, the Contractor shall notify the owner and Engineer within seven (7) days of receipt of the permitted drawings and such notification shall contain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform the work at his expense and complete the work according to schedule and in no event shall Contractor recover delay or consequential damages. e) The Contractor shall keep at the work site one (1) copy of all permitted drawings and specifications kept current with all changes and modifications and shall at all times give the Owner, the Engineer and all trades performing at the project, access thereto. UO MATERIALS, LABOR, EQUIPMENT. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials incorporated in the permanent work shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. GC 7 QUALITY ASSURANCE Contractor shall develop, implement and maintain a plan for the work which quality assurance and management and control of the construction services. Contractor shall maintain an adequate inspection system and perform such inspections as will assure that the work performed conforms to the requirement of the Contract Documents. CG 7 PERMITS AND FEES. All Permits or licenses necessary for the performance of the work or required by law or ordinance, including Building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided in the Special Terms. Contractor shall be responsible for all governmental fees, including but not limited to utility fees and connection fees. Owner shall be responsible for obtaining any necessary easements. For construction of a building, Owner shall be responsible for all County Construction Services plan and permit review fees GC 8 PROJECT MANAGER. The Contractor shall keep during the term of this Agreement a competent Project Manager and any necessary assistants, all satisfactory to the Engineer and Owner. The Contractor shall advise the Engineer, in writing, within ten (10) days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in charge of the project, together with amount of his authority to represent the Contractor, along with the Project Manager's cell phone number. The Owner and Engineer shall be able to reach the Project Manager at his cell phone number at all working hours. The Project Manager shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. The Contractor shall give sufficient superintendence to the work using his best skill and attention. If the Contractor, in the course of the work finds any discrepancy between the plans and the physical conditions of the locality, or any errors or omissions in plans or in the layout as given by survey points and instructions, he shall immediately inform the Engineer and the Owner, in writing, and the Engineer will promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. Neither party shall employ or hire any employee of the other party without his consent. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. GC 9 SUBCONTRACTORS AND SUPPLIERS. a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall furnish to the Owner in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as sub- contractors or suppliers for the Project. The Contractor shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the work under the Contract and that any review of Subcontractors, Sub -subcontractors or suppliers by the Owner or Engineer will not in any way make the Owner responsible to any Subcontractor or Sub -subcontractor or suppliers, nor will it make the Owner responsible for the actions or omissions of any Subcontractor or Sub -subcontractor or suppliers. b) By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract and Contract Documents, including but not limited to the insurance requirements for workers' compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all Subcontractor Agreements. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. Contractor shall include in all subcontracts a provision requiring the Subcontractor to consent to an assignment of the subcontractor to the Owner. c) All subcontracts shall provide the following exact language" Sub -contractor "expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its' control, including delays claimed to be caused by the County or its Engineer and agrees that its exclusive remedy shall be an extension of its contract time." d) The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under contract conditions identical or substantially similar to these. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in GC 37 -Changes in Work. The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. e) If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. GC 10 CONTRACTOR MEETINGS The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss the work under the Contract. The Owner, or its Engineer, will distribute typed minutes of each meeting to all attendees. GC 11 SCHEDULING. a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, construction and Owner occupancy, in addition to activities and interfaces with other Contractors at the work site, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement and jobsite delivery of Contractor furnished material and equipment. Contractor agrees to complete the work and Project in accordance with the agreed construction schedule as amended by duly executed change orders. b) At the end of each calendar month, Contractor shall update and/or revise the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed, in contrast with the planned progress of performance of such work. Each such update and/or revision to the construction schedule shall be submitted to the Owner and Engineer. Failure of the Contractor to develop, update, revise, or submit the construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be 30 sufficient cause to terminate the Contract or to withhold payment to the Contractor until a schedule or schedule update is submitted. U1 The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer of the potential schedule change within three (3) days of a commencement of delay or knowledge of a potential delay. Prior to requesting a time extension, Contractor shall execute some or all of the following remedial actions at Contractor's sole cost and expense: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipment, or any combination of the foregoing to eliminate the backlog. 3. Reschedule the work in conformance with specification requirements. d) Neither the Owner nor the Contractor shall be considered to own the schedule float time. GC 12 LIQUIDATED DAMAGES. If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Special Terms or later than the scheduled completion date if a duly authorized change order for time is issued, liquidated damages in the amount(s) set forth in the Special Terms shall be paid by Contractor for unexcused delay in performance of the work.. Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Special Terms are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties. GC 12 SCHEDULE OF VALUES. Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer, a schedule of values, by phases of work, to show a breakdown of the Contract Price corresponding to the payment request breakdown and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Change Orders are to be added as separate line items. GC 13 LAND FOR WORK. Contractor's access to the site and storage areas shall be as shown on the plans and as designated by the Owner. Access routes may also be used by County employees and other contractors. No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to the Work under this Contract is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. Owner, and its duly authorized employees and representatives, and representatives of all governmental agencies having jurisdiction over work areas or any part thereof, shall, at all reasonable times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner, its representatives and employees, to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. GC 14 SURVEY, LINES AND GRADE Unless otherwise specified, the Engineer shall furnish all land survey control points, base lines and benchmarks for the location of the work. The Contractor shall be responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such base lines, points and elevations. From the information provided by the Engineer, the Contractor shall develop and make all detail surveys and establish lines and grades as required. The Contractor shall keep the Engineer informed as to his needs for base lines or bench marks in order that the same may be furnished and all necessary measurements made for the record with a minimum of inconvenience to the Engineer or delay to the Contractor. 31 GC 15 SITE CONDITIONS. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the work and the general and local conditions, and particularly, but without limitation, with respect to the following: conditions affecting the transportation, access, disposal, handling and storage of materials; the availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; and all other matters which can in any way affect eh performance of the Contract or the cost associated therewith. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the work. GC 16 SUBSOIL CONDITIONS. Unless otherwise stipulated in the plans and specification, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions. GC 17 SURFACE AND SUBSURFACE WATER The control of surface and subsurface water by Contractor shall be permitted by the proper regulatory agencies, with copies submitted to Owner. Contractor shall immediately remedy any permit violations and shall be responsible for any fines or penalties assessed by such agencies for permit violations. CG 18 CONTRACTOR WORK AREA Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking to the areas so assigned. Should Contractor find it necessary to use any additional land outside the work site for any purpose, Contractor shall, at its expense, provide for the use of any such additional land. CG 19 CONTRACTOR -FURNISHED MATERIALS EQUIPMENT AND WORKMANSHIP Contractor shall provide and use on any work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the drawings and specifications within the established schedule. Only new, unused materials and items of recent manufacture, of designated quality, free from defects, will be accepted. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind and quality of materials. Contractor shall utilize lumber, timber and other forest products produced and manufactured in Florida when such products are available and their price, fitness and quality are equal to comparable products. Upon written order of the Owner, Contractor shall discontinue operation of unsatisfactory plant, equipment and/or facilities. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Contract. (255.20) Where Contractor supplied drawings are required for planning or performance of the work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections for property installation. Such drawings shall be submitted by and at the expense of Contractor. At least 21 days shall be allowed for review by Owner. If drawings show variations from the contract requirements, the Contractor shall describe such variations in writing at the time of submission. Review and permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials develop or selected by the Contractor and does not relieve Contractor from full compliance with contractual obligations. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the work without such review. At least 21 days shall be allowed for Owner's review. The Owner or Engineer shall notify the Contractor of defective or unacceptable work if the Owner discovers such. No work defect in construction or quality, or deficient in meeting any requirement of the Contract, drawings or speccations, will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer relieve Contractor from ensuing the quality of the work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective work or improper materials. 32 GC zu PROTECTION OF THE WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all work from loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from theft, injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the premises, which, as determined by Owner, do not reasonably interfere with the performance of the work. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. All cost in connection with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor. Where practical, Contractor shall erect a temporary fence around the work site. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to Owner wither three (3) days of each incident. Until final acceptance of the work by the Owner, the Contractor shall have full and complete charge or and shall bear all risk of loss of, and injury or damage to, the work performed under this Contract, or any portion thereof, including materials, Owner -furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties, except such as may be directly due to errors in the Contract documents which the Contractor did not or could not have discovered through due diligence, or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. GC 21 UTILITIES The Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all temporary utilities. Contractor shall conduct its operations so as not to damage, close or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. GC 22 DELIVERY UNLOADING AND STORAGE Contractor shall, at its expense, receive, unload, store in a secure place, and deliver from storage to the construction site, all materials, plant and equipment required for the performance of the Contract. Material and equipment subject to degradation by outside exposure shall be stored in a weather -tight enclosure provided by Contractor at its expense. GC 23 FIRE PROTECTION All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible with the hazard of each work area and shall instruct personnel in their use. GC 24 ILLUMINATION When any work is performed when daylight is obscured or at night, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely. GC 25 DUST CONTROL For the duration of the contract, the Contractor shall, at its expense, maintain all excavations, roads, plant sites, borrow areas and all other work areas free from dust. Code -required or industry -accepted methods of dust control suitable for the area involved and approved by Owner will be permitted. GC 26 POLLUTION CONTROL Contractor shall, at its expense, perf orm its work so as not to discharge into the atmosphere, any body of water, the ground or groundwater, from any source, smoke, dust or other contaminants in violation of the 33 laws, rules and regulations of all federal, state and local air and water pollution requirements. Contractor shall, at its expense, provide suitable facilities to prevent any such discharges. Contractor shall immediately report to Owner and appropriate authorities any spill of contaminant. GC27 DEBRIS DISPOSAL All debris shall be legally disposed of at licensed disposal site(s). GC 27 EXPLOSIVES AND HAZARDOUS MATERIALS Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered with in the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material hazard Data Sheets for all applicable hazardous materials used in the course of the work. In the event that hazardous material is improperly handled or stored by the Contractor or its sub -contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, action or liability resulting from such contamination and remedial actions. GC 28 LABOR Contractor shall employ only competent and skilled personnel to perform the work. Contractor shall, if requested by Owner, remove from the jobsite any personnel of Contractor who is determined by Owner to be unfit or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding labor. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to the Owner. GC 29 SAFETY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. The Contractor shall provide and maintain all necessary watchmen, barricades, warning lights, and signs and take all necessary precautions for the protection of all persons involved in the work, the public, and all employees or representatives of Owner. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance, rules and regulations. GC 30 PROGRESS During construction, Contractor shall keep amarked-up and up-to-date set of drawings showing as - built conditions on that site as an accurate record of all deviations between work as shown and work as installed. These drawings shall be available to Owner and Engineer for inspection at any time. During construction, Contractor shall keep amarked-up and up -to date set of specifications showing as -is conditions on the site annotated to clearly indicate all substitutions or product selections that are incorporate into the work. These specifications shall be available to Owner and Engineer for inspection at any time. If at any time Contractor's actual progress is inadequate to meet the requirements of the Contract, Owner may so notify Contractor who shall thereupon, at its expense, take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled, the Owner may declare a default of this Contract. GC 31 INSPECTION. Engineer: The Owner may provide Engineering personnel for the observation of the work. The Owner, Engineer and their representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, applicable laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for observation and, if the observation is by another authority than the Engineer, of the date fixed for such observation. If any work should be covered up prior to any quality inspection or test by Owner or Engineer, it must, if required by the Engineer, be uncovered for inspection and properly restored at the Contractor's expense. GC 32 TESTING Unless otherwise provided in the Contract, drawings or specifications, shop testing of material or work shall be performed by the Contractor at its expense and in accordance with the technical specifications. Should tests in addition to those required by the specifications be desired by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required due to Contractor's work or materials having failed any initial test. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on materials or work in place, including reasonable stoppage of work during testing. GC 33 SUBSTITUTION. The naming of a specified product of specific manufacturers for equipment or materials under the various items of specifications or as shown on the plans shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the materials are specifically designated as not permitting substitution. Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is equal or better to that specified, that such item will fit into the space allocated, that such item affords comparable ease of operation , maintenance and service, that the appearance, longevity and suitability for the climate are comparable, that by reason of costs savings, reduced construction time or similar demonstrable benefit, the substitution of such item will be in Owner's interest and will in no way detrimentally impact the project schedule. The burden of proof that such an item offered is equal in all respects to that specified shall be the Contractor's. Contractor shall submit drawings, samples, data and additional information as may be required by Owner. All requests for substitutions, with supporting information, shall be submitted by and at the expense of Contractor. At least 35 days shall be allowed for Owner's review. The Owner or its Engineer shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contractor. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. Contractor may make only two requests for substitution in the same category and Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests, unless otherwise approved by Owner. GC 34 CORRECTION OF DEFECTIVE MATERIALS OR WORKMANSHIP If any material, equipment or workmanship is determined by Owner, either during performance of the work, during final quality inspection or during the warranty period, to be defective or non in compliance with the specifications and the Contract, Owner shall notify Contractor in writing that such material, equipment or work is rejected and the Owner reserve the right to withhold payment on any such item. Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or work by making the same strictly comply with all requirements of the drawings, specifications and contract. If Owner or Engineer deems it inexpedient to correct work that has been damaged or that was not performed in accordance with the drawings, specifications and contract, an equitable deduction from the contract price shall be made for such work. GC 35 CORRECTION OF WORK, The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to meet contract requirements whether incorporated in the work or not, and the Contractor shall promptly replace and re -execute his own work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by 35 sUCH removal or replacement. Contractor further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the drawings and specifications for a period of one year from the final certificate of occupancy for the project (or equivalent) or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the specifications Contractor shall commence final completion of nonconforming work and correction of the work within seven (7) days of written notice by the Owner and shall perform all such work in compliance with the objective standards commonly found in the construction industry of Indian River County, Florida. If the Engineer or the Owner deems it inexpedient to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. GC 36 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming work or fail to perform any provisions of this Contract, the Owner may, after three (3) calendar days written notice and opportunity to cure to the Contractor, without prejudice to any other remedy Owner may have, make good these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GC 37 CHANGES IN WORK. The Owner, without invalidating the Contract, may order written additions to or deductions from the work, the Contract price being adjusted accordingly. The Engineer, with the consent of the County, will have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purpose of the work. If the Contractor believes that a variation or change justifies a modification in the Contract price, the Contractor may submit a request for change order at its expense. If a request for change order is made, the Contractor is not authorized to vary the work unless a written Change Order or written Construction Change Directive is issued by the Engineer and executed by the Owner. No change order shall be valid unless executed by the authorized signatory of the Owner. The Engineer is not authorized to bind the Owner to change in contract price or time. The Contractor shall notify the Engineer within seven (7) days of any occurrence which, in the opinion of the Contractor, entitles it to an adjustment of the Contract price or a time extension. The Engineer will respond to the request for change order within ten (10) days of receipt of the Contractor's notice. For the purposes of this paragraph, a day shall be defined as any business day, Monday through Friday, excluding holidays. The Engineer and Owner may issue an executed change order authorizing any changes in the Work, adjustments in the Contract price and extensions of time. Agreement on any Change Order shall constitute a final settlement and release by Contractor of all matters relating to the change in the work which is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract price and the Contract time. If a change order is not yet approved or cannot be agreed upon, the Contractor is authorized, upon issuance of a written Construction Change Directive (CDD) prepared by the Engineer and approved by the Owner, to proceed with such change on a time and material basis plus ten percent (10%). The Contractor expressly acknowledges that commencing work without a written Change Order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to additional sums or time. Upon approval by Engineer and Owner as to any adjustments to the contract price and/or time for changes performed under a CDD, such approval shall be recorded by the preparation of a change order. The Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a change order. The Engineer shall have the authority to order minor changes in the work which do not involve adjustment to the Contract price or time and which are not inconsistent with the intent of the contract documents. A bond rider from the Surety shall be submitted to the County with each change order that increases the Contract price. GC 38 USE OF COMPLETED PORTIONS. The Owner shall have the right to take possession of and use any substantially completed portions of the work. Such use by Owner shall not be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any contract 36 provisions; provided that the Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if such use increases the cost or delays the completion of remaining portions of work, Contractor shall be entitled to an equitable adjustment under the contract. GC 39 CLEANING UP. Upon completion of any portion of the work, the Contractor shall remove at his own expense from the Owner's property all temporary structures, equipment and surplus materials not required for later stages of work, rubbish, and waste materials resulting from his operations. Contractor shall make its own arrangements, at its own cost, for disposal of rubbish and waste materials. The Owner reserves the right to retain any surplus or salvage materials. CG 40 BASIC REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION The following items shall be completed as a condition precedent to substantial completion and prior to a request by the Contractor for inspection for substantial completion. In the event the Contract does not define substantial completion, the following are also conditions for final completion and acceptance: 1. All general construction completed and the project components shall be clean and all systems fully functional. 2. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned and ready for use. 3. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. 4. Issuance of all permits and certificates, inspections, and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 5. Project site shall be cleared of Contractor's excess equipment and/or supplies and material. 6. All sets of operation and maintenance manuals for all equipment shall have been submitted, as referenced in the technical specifications. 7. Manufacturers' certifications and warranties shall be delivered to Owner. 8. All operations and maintenance manuals for all equipment shall be delivered to Owner. 9. All required spare parts, as well as any special devises and tools shall be delivered to Owner. 10. All keys and blanks shall have been provided. 11. Punch list of items required to render the construction services complete, satisfactory and acceptable to the Owner. If the Contract provides for a multi -phased or multi -structure project, a punch list must be developed for each phase or structure. Contractor shall arrange a joint site and project inspections) with Engineer for inspection for substantial completion and development of a punch list for the completion of construction services. Said punch list shall be prepared not later than thirty (30) days after the inspection for substantial completion. Punch list items recorded as a result of inspections for substantial completion shall be corrected by the Contractor prior to any request for final inspection and acceptance. If substantial completion isnot obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer or design professional for any subsequent inspections for the purpose of determining substantial completion shall be the responsibility of the Contractor and shall be assessed against the final payment application. GC 41 FINAL INSPECTION AND ACCEPTANCE The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 1. Completion of all punch list items recorded from the substantial completion inspection. 2. A complete set of mylar or paper marked -up as-builts with "RECORD" or "AS BUILT" clearly printed on each sheet along with one copy on AutoCAD CD Release 14 or better on State Plane Coordinates. Contractor shall accurately and neatly transfer all deviations from progress as-builts to final as-builts. As -built records shall include drawings signed and sealed by a registered land surveyor certifying the elevation and location of improvements. Certified drawings are to show locations, lines and grade of buried pipe line four (4) inches or larger in diameter and exterior to buildings, and other buried facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) installed or discovered as a result of the work. Certified drawings are to show building corners, sidewalks, paved areas and the location of all above ground structures within the project site. 37 Contractor shall sign each final record drawing and note thereon that the final as-builts are complete and accurate. 3. A complete set of marked -up specifications with "RECORD" or "AS -BUILT" clearly printed on the cover. Contractor shall accurately and neatly transfer all deviations from progress specifications to final as-builts. 4. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the work. 5. A list of each piece of equipment having an individual value of $500 or greater. The list shall include, at a minimum, the name, make and model number, quantity installed, value of equipment. Contractor shall inform Owner in writing that work is ready for final inspection. The Engineer will, within five (5) business days, make such inspection. When Engineer finds the work acceptable under the Contract and all contract terms and conditions fully performed, Engineer shall issue a Final Certification to Owner. GC 42 EXTENSION OF TIME The time limit for the completion of the work as described in the Contract is of the essence of this Contract. Contractor must request an extension of the contract completion date in writing and must provide the following information within seven (7) days of commencement of the delay. Contractor acknowledges that the evaluation of time extensions will be based on the following information: 1. All schedule updates, submittals and other conditions of the Contract have been met; 2. The delay is beyond the control of the Contractor and subcontractors and due to no direct or indirect fault of the Contractor. 3. Nature of the delay. 4. Dates of commencement / and end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path. 6. List of tasks/work affected by the delay. 7. Anticipated extent of delay. 8. Recommended action to minimize delay. 9. The Contractor has used all the float time available for the work involved in the delay request. Time extensions for weather delays will only be considered if all float time is exhausted prior to the weather occurrence. Failure of Contractor to timely request a time extension constitutes a waiver by Contractor and a denial of a time extension. If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner, or if any employee of the Owner or by any separate Contractor employed by the Owner or by any changes ordered in the work, by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control or by delay authorized by the Owner pending resolution of disputes, and such delay extends the Project completion date, Substantial Completion shall be extended by Change Order for such reasonable time as the Owner may determine. GC 43 NO DAMAGES FOR DELAY; EXCLUSIVE REMEDY. The Contractor expressly agrees that a change order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact -based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by the Owner, Engineer, or agents of either, and waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to the Contractor as compensation for damages for any delays in the work, whether such delay be avoidable or unavoidable. GC 44 PAYMENT PROCEDURE. �Z� GC 44.1 Contractor's invoices shall reference the bid number. Submittals of estimates and invoices for payment must be directed to: Indian River County — Accounts Payable, The County will not be responsible for any delay in payment at the County if Contractor submits his estimate and invoice to any other address. GC 44.2 Initial Payment. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer: 1. List of Subcontractors and suppliers 2. Project schedule 3. Schedule of values 4. All current certificates of insurance 5. Designation of Contractor's Project Manager GC 44.3 Progress Payments. Not more than once each month, the Contractor shall prepare and submit a detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall also include the cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. Partial Release(s) of Lien and Subcontractor Utilization Report shall be submitted with each payment requisition to verify payment(s) to subcontractors and material suppliers. GC 44.4 In accordance with the Local Government Prompt Payment Act, until the Project is determined to be 50% complete, the Owner shall withhold retainage of ten percent (10%) from each progress payment pay to the Contractor based on the Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. GC 44.5 After the Project is determined to be 50% complete, the Owner shall withhold retainage of five percent (5%) from each progress payment pay to the Contractor Use on the Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. Contractor may present to Owner a payment request for up to one-half of the retainage held by Owner. If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold such retainage. GC 44.5 Final payment may be made to certain select Sub -contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon advance written approval of the Owner and Surety. GC 44.6 If there remain items to be completed, the Contractor and Owner shall list those items required for completion and the Contractor shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. GC 44.7 The Contractor shall timely pay and not withhold payments to Sub -Contractors if such payments have been made to the Contractor. Should this occur for any reason, the Contractor shall immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as required. GC 44.8 Substantial Completion. Following determination by the Engineer of substantial completion, Contractor shall separately list each item of the punchlist required for final completion and the estimated cost of completing each item. Provided all pre -requisites for substantial completion have been net, Contractor may submit a special payment request along with the cost list for unfinished work. The County may retain a sum equal to 150% of the estimated cost of completing the unfinished items. GC 44.9 Final Payment. In case of disputed indebtedness or liens the Contractor may submit 39 in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a Surety or Performance bond. Upon issuance of a Final Certification by Engineer, and completion of all of the following items, Contractor may submit its final invoice. 1. Notarized and corporate sealed Final Release of Liens from all sub -contractors and suppliers. 2. Notarized and corporate sealed Final Release Uf Liens from Contractor. 3. Consent of surety for final payment. 4. All pre -requisites for substantial completion and final completion have been met. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. GC 44.10 Withheld Payments. The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a. Defective work or material is not remedied. b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against the Contractor. c. Failure of the Contractor to make payments to sub -contractors or for material or labor. J, Damage to another Contractor. e. Contractor is in default of any contract condition. f. Contractor fails to submit information required by this Contract. g. Contractor consistently fails to perform work in accordance with the Contract Documents. h. Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid. i. Contractors insurance coverage lapsed. j. Owner has a right to claim liquidated damages. When the above grounds are removed or the Contractor provides a Surety or Perf ormance Bond satisfactory to Me Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. GC 44.11 The provisions of the Local Government Prompt Payment Act, Section 218.70 et seq, Fla. Stat., are incorporated by reference herein. The Act provides payment due dates, addresses, interest and payment dispute resolution. GC 45 LIENS. Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner complete releases of all claims or liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed; but the Contractor may, if any sub -contractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety or Performance Bond). If any claim or lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fee. GC 46 CONSTRUCTION PERFORMANCE BOND. (if required) (A) In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to 40 the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond ("Bond") each in an amount not less than the total Cost of the Project as defined in Article II. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond: "Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." (B) Contractor's Surety agrees, moreover, to be bound by all terms and conditions related to delay and liquidated damages. Except as otherwise agreed to in writing, the Contractor's Surety waives all rights against the Owner and any of its agents and employees, for damages or other causes of loss by Contractor's Surety performance of its obligations under the performance bond, including claims by Contractor's Surety against the Owner for costs it asserts were not warranted by these Contract Documents and excluding only such rights as they have to proceeds of such insurance held by the Owner as fiduciary. This waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the bond premium directly or indirectly, and whether or not the person or entity had an insurable or suretyship interest in the property allegedly damaged. (C) To be acceptable to The Owner of as Surety for this Project, a Surety Company shall comply with the following provisions: (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9,504 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to Proposal is issued. (5) The Surety Company shall have at least the ratings of A -Class V in the latest issue of Best's Key Rating Guide. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co -surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. GC 47 INSURANCE. 1. The Contractor shall maintain and pay for such insurance, issued in the name of the Owner and naming the Owner as an Additional Insured, with such coverages as will protect the Owner from contingent liability under the Contract, as set forth in the Special Conditions 2, Coverages. See Special Conditions. 41 3. The Certificate of Insurance and policy endorsements or riders shall name the County as "ADDITIONAL INSURED" with respect to all Liability coverages. Contractor shall provide evidence of continued coverage in the event of renewal or policy termination. Owner may withhold payment to Contractor until evidence of insurance coverage is received. 4.. These insurance requirements shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract. 5. The Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the work. GC 48 INDEMNITY. Contractor agrees to protect, defend, reimburse, indemnify and hold the Owner, its agents, employees and elected officers and each of them (collectively), free and harmless at all times from and against any and all claims, liability, expenses, losses, suits, costs, fines and damages, including attorney fees and costs, and causes of action of every kind and character against the Owner by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or incident to or in connection with Contractor's performance under this Contract, Contractor's acts, omissions or operations hereunder, the site conditions, or the performance, non-performance or purported performances of the Contractor or any breach of the terms of this Contract; to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons or entities employed or utilized by Contractor in its performance. (§725.06 F.S.) GC 49 DISPUTE RESOLUTION. Final Completion. Notwithstanding any other provision, the parties agree that any unresolved dispute regarding the punch list or any other requirement for Final Completion shall be mediated with the Engineer as the mediator. Waiver of Arbitration. The Owner and Contractor agree expressly waive any and all provisions regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract Documents, GC 50 OWNER'S RIGHT TO TERMINATE CONTRACT FOR CAUSE If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to maintain an established schedule (30 days behind a critical path activity), to supply enough properly skilled workmen or proper materials; or if he should fail to make prompt payments to subcontractors or for material or labor or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise fails to conform to the Contract requirements or abandons or refuses to perform any work, Owner may without prejudice to any other right or remedy, and after giving the Contractor and its Surety seven (7) calendar days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon, and finish the work by whatever method Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until Contractor cooperates with Owner and complies with all reasonable requests regarding the terminated work, the work is finished nor shall it be relieved from its obligations. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, this excess shall be paid to the Contractor. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work). If the Contractor's surety is directed or agrees to complete the Work, then all payments due after termination shall be made to the Surety until the Work is finished and the Contract price has been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill all obligations of the Contract Documents for the Contract price in effect as of termination. The Surety may not assign those obligations without the written consent of the Owner. The Surety shall be responsible for the payment of all costs relating to the termination of the employment of the Contractor. Contractor and its surety 42 shall be jointly and severally liable for all costs in access of the Contract price for completion of the work and for liquidated damages. If, upon termination for cause it is determined that Contractor was not in default, the rights and obligations of the parties shall be as if the notice of termination has been issued for the Owner's convenience. GC 51 SUSPENSION OR TERMINATION BY OW NER FOR CONVENIENCE, 1. The Owner may, at any time, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine, or to terminate all or a portion of the Contract for the Owner's convenience. Upon such termination, Contractor waives any claim for damages, including loss of profits. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the Owner orders a suspension, the Contract price and Contract time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or that an equitable adjustment is made or denied under another provision of this Contract. GC 52 CONTRACTOR OBLIGATIONS UPON TERMINATION. Upon receipt of written notice from the Owner of termination, the Contractor shall cease operations as directed by the Owner in the notice; take actions necessary, or that the Owner may direct, for the protection and preservation of the work; and except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and turn over all marked up drawings and specifications showing progress to date. The Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said Project. Owner shall reimburse the Contractor for any unpaid and earned Cost of the Project as of the date of termination, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such obligations or commitments. GC 53 REMOVAL OF EQUIPMENT. In the case of termination of this Contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and supplies from the property of the Owner, failing which the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor. GC 54 WARRANTY. Contractor shall warrant that all materials and equipment included in such Work will be new except where indicated otherwise in Contract Documents, and that such work will be of good quality, free from improper workmanship and defective materials and in conformance with the drawings and specifications. Contractor warrants all equipment, materials and labor furnished under this Contract against defect in design, materials and workmanship for a period of twelve (12) months from Final Payment, unless longer warranties are provided in the Contract Documents in which case the longer period prevails. The Contractor shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Notwithstanding any provisions in the Contract Documents to the contrary, this express warranty shall commence on the date the Owner obtains the final certificate of occupancy for the Project (or equivalent). The Contractor shall conduct, jointly with the Owner, a warranty inspection nine (9) months after the date of Final Completion. Upon receipt of Notice from the Owner of failure of any part of the guaranteed equipment or materials during the guarantee period, the defective parts or materials shall be replaced promptly with new parts or materials by the Contractor, at no expense to the Owner. GC 55 ROYALTIES AND PATENTS, The Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend and hold Owner and its representatives harmless from and against all claims, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringement of any patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor 43 under the Contract. The Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer, or manufacturers, is specified; but if the Contractor has information that the process or article specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC 56 VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All contract amendments or change orders shall be written and executed by both Owner and Contractor. GC 57 MISCELLANEOUS TERMS. GC 57.1 Headings. The headings contained in these General Terms and Conditions are provided for convenience only. GC 57.2 Integration. This Contract constitutes the entire agreement between Contractor and the Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. GC 57.3 Severability. The invalidity, illegality or unenforceability of any provision of the Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein. GC 57.4 Assignment. The Contractor shall not assign the Contract as a whole or in part without the written consent of the Owner, nor shall the Contractor assign any monies due or to become due to him hereunder without the previous written consent of the Owner and its surety. Assigning the Contract shall not relieve the Contractor or his surety from any contract obligations. GC 57.5 Specific Waiver. Any waiver issued by the Owner of any provision of the Contract Documents shall only be effective if issued in writing by the Owner and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. GC 57.6 Public Entity Crimes. By executing a Contract with Owner, Contractor certifies, in accordance with F.S. 287.133, that Contractor, its affiliates, suppliers, subcontractors and consultants who will perform under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of the Invitation to Bid. GC 57.7 Compliance with Laws. Contractor shall comply with all applicable County , State and Federal laws relating to the provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable County, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the work. GC 57.8 Small Business Requirements. Contractor shall comply with the County's Small Business Ordinance set forth in Chapter 66 of the County Code, which is incorporated herein by reference. / }4 GC 57.9 No Solicitation. Contractor has not employed or retained any person employed by the Owner to solicit or secure the Contract and it has not offered to pay, paid, or agreed to pay any person employed by the Owner any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. GC 57.10 Non -Collusion. Contractor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other bidders or contractors. (FS. 838.22) GC 57.11 Equal Employment OpportunitLj Non -Discrimination. Contractor will not discriminate against any employee or an applicant for employment because of race, color, religion, sex, national origin or handicap. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to race, color, religion, sex, natural origin or handicap. GC 57.12 Apprentices. If the Contractor employs apprentices on the project, the behavior of the Contractor and the Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the State of Florida Department of Labor and Employment Security, The Contractor will include a provision similar to the foregoing sentence in each subcontract. GC 57.13 Unauthorized Aliens. The Owner shall consider the employment by Contractor or its subcontractors, any alien not authorized to work by the immigration laws or the Attorney General of the United States. Such violation shall be cause for unilateral cancellation of this contract. GC 57.14 Right to Audit. Contractor shall maintain adequate records of the services for at least three (3) years from project occupancy. Owner, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit the Contractor's books and records, at the Owner's expense, with regard to the accounts and services provided to or on behalf of the Owner hereunder to ensure that all aspects of the Contract are being met. Failure by Contractor to permit such audit shall be grounds for termination of this Agreement by the Owner. GC 57.15 Independent Contractor. Contractor represents that it is properly experienced, licensedI equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of the Owner and is not an employee of the Owner and shall maintain control over its employees, subcontractors and work methods. Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit maintained by the Owner; will not be covered by the Owner's workers' compensation insurance; and will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the Owner to Contractor hereunder. GC 57.10 Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose. GC 57.16 Litigation. In the event suit is filed to construe or enforce this Agreement, the prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal. GC 57.17 Governing Law; Venue. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law. The Owner and Contractor subIII it to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 45 GC 57.18 Notices. All written notices and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby: to Owner: Indian River County to Contractor: [to Contractor at the address listed on the first page of this Contract to the attention of the Project Manager] GC 57.19 Taxes. Contractor shall pay all taxes, duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. GC 57.20 Public Records. Contractor shall comply with Chapter 119, Florida Statutes, regarding access to public records. Failure of compliance may be grounds for termination by the Owner. SPECIAL TERN IONS 1. GENERAL INFORMATION The original and one (1) copy of your bid shall be submitted to Procurement Division at the time and date specified. At the designated time and place, the County Procurement Official or designee will publicly open the bids. These documents constitute the complete set of specification requirements and bid forms. It is the responsibility of the bidder to insure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to the Procurement Division. ALL BID PROPOSALS MUST BE SUBMITTED ON THE PROVIDED INVITATION FOR BID "PROPOSALS" FORM. BID PROPOSALS ON VENDOR LETTERHEAD/QUOTATION FORMS WILL NOT BE ACCEPTED. All bid proposals must be typed orwritten in ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. SIGNATURES ARE REQUIRED WHERE INDICATED, FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF BID. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. Time is of the essence and any bid received after 2:00 P.M. on August 17, 2011, whether by mail FJ re! or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the office of the Procurement Official. Bids shall be placed in a sealed envelope, marked in the lower left-hand corner with the Bid number, title, and date and hour bids are scheduled to be received. Bidders are responsible for insuring that their bid is stamped by Procurement Office personnel by the deadline indicated. The County shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile shall not be accepted. For information concerning this bid, Hlease contact: Indian River County, Purchasing Division 2. REJECTION OF BIDS The Procurement Official reserves the right to reject any or all bids, in whole or in part, and to waive any informality in any proposal. Additionally, proposals may be considered irregular and may be rejected if the proposal: 1) does not strictly conform to the requirements of the bid; 2) shows omissions; 3) bid form is altered; 4) additions are added which were not called for; 5) is conditional; 6) the unit prices are, in the opinion of the County, unbalanced either in excess or below the reasonable cost analysis values; 7) abandonment of the project; and 8) bids are over the approved budget for the project. 3. BIDDER'S UNDERSTANDING Bidders shall make all investigation necessary to thoroughly inform themselves regarding the bid, including visiting the work site to ascertain by inspection pertinent local conditions such as location, character and accessibility of the site, availability of facilities, location and characterof existing work within or adjacent thereto, labor conditions, etc. The County shall make available to all prospective Bidders, prior to the receipt of bids, any available information that may be requested by Bidders. Any such data will be distributed to all prospective bidders as the best factual information available, without presumption of responsibility for its accuracy orfor any conclusions that the bidder may draw there from. The Bidder shall accept the site or sites in their present condition. 4. INSPECTION OF FACILITIES It is the bidder's responsibility to become fully informed as to the nature and extent of the work required and its relation to any otherwork in the area, including possible interference from othersite activities. Arrangements for bidder's inspection of facilities and/or activity schedules may be 47 secured from the Project Engineer Michael D. Nixon, P.E. at (772) 226-1986. Failure to visually inspect the facilities shall be cause for rejection of your bid. 5. LEGAL REQUIREMENTS Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. (2) In compliance with Florida Statute (Section 287.087) attached form "Drug -Free Workplace Certification" should be fully executed and submitted with bid response. (3) The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded contractor/vendor and the County for any terms and conditions not specifically stated in the Invitation for Bid. (4) The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose. (5) This Invitation for Bid shall be included and incorporated in the final award. The orderof contractual precedence will be the purchase order or price agreement release, bid document (original Terms and Conditions), and response. Any and all legal action necessary to enforce the award will be held in the County and the contractual obligations will be interpreted according to the laws of Florida. 6. CERTIFICATION, LICENSES AND PERMITS Vendor must include with his bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Indian River County Construction Industry Licensing Board and a current Occupational License for Indian River County in the name of the vendor shown on the bid proposal page. If awarded contract, vendor will be required to obtain an Occupational License for the County. It shall also be the responsibility of the vendor to submit, prior to commencement of work, any and all permits required to complete this contractual service at no additional cost to the County. Lfj 7. SUBCONTRACTING If a vendor subcontracts any portion of a contract for any reason, he must include, in writing, the name and address of all Minority and Non -Minority subcontractors, their telephone numbers and extent of work to be performed. This information shall be submitted with bid proposal on the Schedule of Subcontractors. All Small Business Enterprise subcontractors must be listed on the Statement of Small Business Subcontractor Participation and this information submitted with bid proposal. The County reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The County reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. 8. FEDERAL AND STATE TAX The County is exempt from Federal Tax and State Tax for Tangible Personal Property. The Procurement Official will sign an exemption certificate submitted bythe successful bidder. Vendors or contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Vendor/Contractor be authorized to use the County Tax Exemption Number in securing such materials. 9. EEO STATEMENT Equal Opportunity: The County believes in equal opportunity practices which conform to both the spirit and the letter of all laws against discrimination and is committed to nondiscrimination because of race, creed, color, sex, age, or national origin. 10. CONFLICT OF INTEREST The award hereunder is subject to provisions of State Statutes and County Ordinance. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the County. Further, all bidders must disclose the name of any County employee who owns, directly or indirectly, interest of ten percent (10%) or more in the bidder's firm or any of its branches. 11. BID PROPOSAL COST Bidder warrants by virtue of bidding that prices shall remain firm fora period of ninety (90) days from the date of bid opening or time stated in special conditions. 12. ERRORS/ERASURES/CORRECTIONS BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER. In the event of extension error(s), the unit price will prevail and the bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the bidder's total will be corrected accordingly. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost of bid evaluation purposes unless otherwise specified in special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. 13. POSTING OF AWARD TABULATIONS Recommended awards will be posted for review by interested parties, at the Procurement Division, prior to submission through the appropriate approval process, and will remain posted fora period of five (5) calendar days. Bidders desiring a copy of the bid tabulation of the Invitation for Bid may request same be enclosing aself-addressed, stamped envelope with their bid. 14. ADDENDUM No interpretation or changes to the meaning of the Sealed Bid will be made to any Bidder, except by written addendum. All questions regarding this bid should be submitted in writing and must be received no later than ten (10) calendar days prior to the closing date forbid submittal, addressed to: Jerry Davis, Manager Indian River County Purchasing Division All questions will be answered via addenda in a questions and answer format. 50 15. ACCEPTANCE/REJECTION The County reserves the right to accept or to reject any or all bids and make the award to the bidder, who in the opinion of the County will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re -bid. 16. SELECTION OF BIDDER WITH WHOM TO CONTRACT Selection will be based on the lowest responsible and responsive bidder. The ability to meet the County's construction schedule requirements will be a factor in determining responsiveness, along with the ability to meet all other requirements in the Invitation to Bid. The County reserves the right to determine whether the based bid construction schedule or the alternate construction schedule best fit the County's needs and budget. 17. PROTEST PROCEDURE Protest procedures are provided in Chapter 66 of the County Code of Ordinances of the County Procurement. A protest must be addressed to the Procurement Official, in writing, identifying the protester, the solicitation and the basis for the protest and must be received by the Procurement Official within seven (7) calendar days of the first date that the aggrieved person knew or should have known of the facts giving rise to the protest. The protest is considered filed when it is received by the Procurement Official. Failure to file protest as outlined in the County Procurement Ordinance shall constitute a waiver of proceedings under the referenced County Ordinance. 18. WARRANTIES The Contractor shall be required to provide a written one (1) year warranty covering all labor, equipment, and materials provided. If required, as specified elsewhere in these documents, the Contractor shall furnish to the County a surety or performance bond in the amount of 100% of the contract value at time of signing contract. 51 1U . BID BONDS/DEPOSITS Each bid must be accompanied by a Bid Bond or Deposit in a sum of not less than five percent (5%) of the total bid. Bid Bonds and deposits amounting to less than one hundred dollars need not be submitted. All checks should be made payable to the County. If the successful bidder fails to deliver as indicated in the Special Terms and Conditions, does not conform to specifications or fails to perform as agreed upon, the County shall be entitled to retain the deposit to rectify the bidder's unacceptable performance. The only types of acceptable surety will be: 1. Bid Bond signed by a surety company authorized to do business in the State of Florida. 2. Cashier Check. 3. Certified Check drawn on a responsible financial institution. 4. U.S. Postal Money Order. The County reserves the right to hold the bid security of the three (3) best value bidders until the contract is properly executed. Bid deposits of other unsuccessful bidders will be returned after award of the contract. 20. PRE-BID SITE INSPECTION AND PRE-BID CONFERENCE SITE INSPECTION -NONE PRE-BID CONFERENCE -MANDATORY 21. TIME OF COMPLETION AND LIQUIDATED DAMAGES BASE BID —TIMEFRAME The work to be perf ormed as part of the BASE BID project timeframe shall commence on the date of the written notice to proceed given by the County, which is anticipated to be issued on )LXXX. 20XX> All work that is to be performed as part of this contract shall be substantially completed by XXXX 20XX and totally 100% completed by XXX 20XX, with such extensions of time in calendar days as are provided for in the General Terms and Conditions outlined below. If said work is not substantially completed within the specified timeframes listed above, the contractor shall be liable and hereby agrees to pay the owner as liquidated damages, and not as a penalty, the sum of $388.00 dollars per calendar day between the date Substantial Completion of the work is achieved and the Final 100% Completion date and or Acceptance by the County for each and every day or part of a day thereafter that said work remains incomplete. 22. SPECIAL PROVISIONS The Contractor shall comply with the following special provisions as part of the contract for the Indian River Blvd. Sidewalk Improvements Project: 52 (I ) (A) BASE BID - TIMEFRAME The total time for the project construction will commence with a Written Notice to Proceed from the County that is anticipated to be issued to the Contractor on XXX 20XX with the project being substantially completed by the Contractor on XXX 20XX and totally 100% completed by the Contractor on XXXX20XX. (B) CPM SCHEDULE AND NARRITIVE The Contractor shall submit to the County as part of his bid submission, a detailed construction schedule in CPM format outlining the proposed progress of the work to be performed by the Contractor and his subcontractors for the BASE BID — TIMEFRAME. The Contractors CPM schedule for the BASE BID —TIMEFRAME shall include but not be limited to the demolition phasing dates of the work, manufacturing dates of all components, all phasing dates of the total work required for each component to be manufactured and installed, the start and completion dates for each phase of the individual components to be installed, street closure dates and durations including the start and completion dates of each phase. In addition to the CPM schedule for the BASE BID —TIMEFRAME, the Contractor shall submit, in narrative format, a detailed description of the means and methods for the Contractor's work including but not limited to the mobilization and demobilization of all equipment and materials, the demolition sequencing of the work, the individual phasing sequencing of each component manufacturing and installation, the Contractor's proposed manpower and equipment allocations and commitments for each phase of the work, the Contractor's proposed work hours for each day to be worked, the phasing of road closures with their closure dates and durations, work sequence and days of the week the Contractor and his subcontractors will require from the County to complete the work within the time frames of the BASE BID — TIMEFRAME. The CPM schedules for the BASE BID —TIMEFRAME and narrative approach for the project will be used by the County in determining the best value in awarding the construction contract. The contractor will not be allowed to change his submitted CPM schedule for the BASE BID —TIMEFRAME prior to and or after the Award of Contract and the Notice to Proceed is issued by the County without prior written approval of the County's Project Manager. (2) The Contractor shall provide daily cleanup of the project work area. Cleanup shall include but not be limited to removal of trash, construction debris, excavated materials and materials generated as a result of the demolition of the existing sidewalks, curbs and gutters, road way components. (3) The Contractor shall restore all roadways immediately upon the completion of each segment and or phase of the construction. Such restoration shall be to the satisfaction of the County. (4) The Contractor shall submit for the County review and approval, as part of his bid submission, a sample copy of his company's daily reporting format for reporting the progress of 53 construction. This format shall include but not be limited to the detailing of all labor, equipment and materials used in the construction of the project along with the areas worked, type of work performed, problems encountered and daily weather conditions at the work areas. The Contractor will be required to submit to the County's Project Manager, copies of all daily reports completed by the Contractor's personnel and his subcontractors at the beginning of the following work day for each day worked. (5) The Contractor shall be required to submit (2) copies of 8 1/2"x 11" progress color photos indicating the completion of the contract work with the dates that the work was performed, on a weekly basis to the County's Project Manager. The Contractor shall also be required to submit as - built surveys, by a registered land surveyor licensed to do work in the State of Florida, on a weekly basis to the County's Project manager that indicate the completion of contract work by the Contractor and his subcontractors. (6) The Contractor shall provide as part of the contractwork9 adequate sanitary facilities, within the fenced -in areas of the total project area, for the use of the Contractor's workmen. (7) Street Lightinq Systems Pedestrian Lightinq Systems Electrical distribution Systems The Contractor shall at all times protect and maintain the operation of the existing street lighting systems, the existing pedestrian lighting systems and the existing underground electrical distribution systems within the project area including but not limited to all poles, conduits, wiring, pull boxes, transformers, switchgear assemblies, meter assemblies, service connection assemblies and lighting fixtures that are located within the project whether shown or not shown on the contract drawings. The Contractor shall protect and maintain all existing landscaping and irrigation systems within the project area during construction. (8). The Contractor shall maintain and provide a safe access for vehicles and pedestrians at all times within the project area. (9) Landscaping and Irrigation Systems -The contractor shall at all times protect and maintain the existing landscaping and irrigation systems within the project area. 23. INSURANCE PROVISIONS 24. COMPLIANCE WITH REQUIRED CONTRACT PROVISIONS Bidders shall cite compliance with the Required Contract Provisions and shall execute and include the following in their bid proposals: 1. Buy America Certificate of Compliance 2. Certification regarding Lobbying 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- or explanation 4. Bid Opportunity List. 5. Certification of Non -Collusion 54 6. Drug -Free Workplace Certification 7. All prequalified contractors bidding on this project must include with their bid proposal a copy of their Certification of Current Capacity (FDOT Form 375-020-22) and Status of Contracts on Hand (FDOT Form 375-020-21). Failure to include the above forms may result in a determination that the bid proposal is non- responsive. Wage Rages Must be Attached) End of Special Terms and Conditions 55 BIDDER'S BOND AND RELATING POWER OF ATTORNEY AND SURETY CERTIFICATE KNOW ALL MEN BY THESE PRESENT, that we, called the Principal), (hereinafter and (hereinafter called the Surety), a Corporation chartered and existing under the laws of the State of with its principal offices in the County of and authorized to do business in the State of Florida, and the County and having an Agent resident therein, such Agent and Company acceptable to the County in the full and just sum of Dollars ($ )good and lawful money of the United States of America, to be paid upon demand of the County, Florida, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these present. WHEREAS, the Principal is about to submit, or has submitted to the County, Florida a proposal forthe construction of Project No. 1024, entitled INDIAN RIVER BLVD. AND 17T" ST. INTERSECTION IMPROVEMENTS for said County; WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified bidder's check otherwise required to accompany this proposal. NOW THEREFORE, the conditions of this obligation are such that if the Proposal be accepted the Principal shall within ten (10) calendar days after receipt of notification of the acceptance thereof, execute a contract in accordance with the Proposal and upon the terms, conditions and price set forth therein, in the form and manner required by the County, Florida, and execute a sufficient and satisfactory Surety or Performance Bond payable to the County, Florida, in an amount of one hundred percent (100%) of the total contract price, as indicated in the proposal, in form and with security satisfactory to the said County, then this obligation to be void, otherwise to be and remain in full force and virtue in law; and the Surety shall upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above immediately pay to the aforesaid County upon demand the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY THEREOF, the Principal and Surety have caused these present to be duly signed and sealed this day of , 2009. PRINCIPAL SURETY Bid Bond P-56 1/12/2011 1256:14 PM INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2011048 PROJECT NO. 1024 INDIAN RIVER BOULEVARD AND 17TH STREET INTERSECTION IMPROVEMENTS SUBSTITUTION SHEET DESCRIPTION OR MAKE PROPOSED ADD DEDUCT BID ITEM NO, SPECIFIED SUBSTITUTION P-57 Substitution Sheet 5�25�2011 3:14:10 PM INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2011048 PROJECT NO. 1024 INDIAN RIVER BOULEVARD AND 17TH STREET INTERSECTION IMPROVEMENTS CONTRACTOR VERIFICATION FORM THE FOLLOWING IS TO COMPLETED BY PRIME BIDDER: Name of Firm: Corporate Title: Address: By: (Print name) (Authorized Signature) Telephone: ( ) State License # County License # City License: (ATTACH PROOF OF REGISTRATION WITH THE CITY) Type of License: Unlimited If "NO", Limited to what trade? (yes/no) (Zip Code) (Print title) (ATTACH COPY) (ATTACH COPY) P-58 Contractor Verification 5�25�2011 3:14:33 PM OWNER'S NAME & ADDRESS INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2011048 PROJECT NO. 1024 INDIAN RIVER BOULEVARD AND 17TH STREET INTERSECTION IMPROVEMENTS LIST OF REFERENCES PROJECT CONTACT PERSON TELEPHONE NUMBER P-59 List of References `a�25�2011 3:14:47 PM State of County of NONCOLLUSION AFFIDAVIT OF PRIME BIDDER (Name/s) being first duly sworn, disposes and says that: 1. They are of the Bidder that (Title) (Name of Company) has submitted the attached bid; 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in anyway colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City/County or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) STATE OF FLORIDA } COUNTY OF INDIAN RIVER }SS: The foregoing instrument was acknowledged before me this, by: (Date) who is personally known to me or who has produced as identification and who did (did not) take an oath. Commission No. Notary (print &sign name) Noncollusion Affidavit INDIAN RIVER COUNTY FLORIDA TRENCH SAFETY COMPLIANCE Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96), Laws of FI., effective October 1, 1990. The bidder further identifies the costs to be summarized below: Trench Safety Measure {Description} A. C. D. E. F. Units of Unit Unit Extended Measure Quantity Cost Cost {LF,SY} FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE. P-15 Trench Safety 1/12/2011 1256:14 PM COMPLIANCE BUY AMERICA CERTIFICATE OF COMPLIANCE fel` GERTIFIC,ATI� CiF GQ�IPI,IANCE ', ,� '` �1 1- ��. The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy America requirements. Bidder acknowledges that it will be required to produce Buy America certification(s)frnm the producers) of the steel or iron or components prior to incorporating any such materials into the work or project. Company Name: Authorized By: (Sign) Title: P-16 Date: (Print Name) 1/12/2011 12:56:14 PM CERTIFICATION REGARDING LOBBYING The undersigned Bidder/Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying", 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the awards documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352 (1)-(2)(A), any person who makes a prohibited expenditure of fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure] The Bidder/Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Company Name: Authorized By: (Sign) Title: P-17 Date: (Print Name) 1 /1 21201 1 1 2:56:14 PM Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions The Bidder certifies that, the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; (b) have not within athree-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property (c) are not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) have not within athree-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, orvoluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." Company Name: Authorized By: (Sign) Title: P-18 Date: (Print Name) 1/12/2011 12:56:14 PM DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are underthis bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain adrug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidders Signature Date P-19 1/12/2011 12:56:14 PM APPENDIX `C' FHWA 1273 Appendix B -Permits F:\Public Works\ENGINEERING DIVISION PROJECTS\1024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\APPENDDC C - FHWA ] 273.doc REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 1. General ..................................... 1 it. Nondiscrimination ............................. 1 III. Nonsegregated Facilities ........................ 3 IV. Payment of Predetermined Minimum Wage ......... 3 V. Statements and Payrolls ........................ 5 VI. Record of Materials, Supplies, and Labor ...... I .... 5 VII. Subletting or Assigning the Contract .... a .......... 5 VIII. Safety: Accident Prevention .......... 1 .......... 6 IX. False Statements Concerning Highway Projects ...... 6 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ...................... 6 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ............... 6 XII, Certification Regarding Use of Contract Funds for Lobbying .................................... 8 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) ,GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superinten- dence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the perf ormance of this contract, the contractor shall not: a. discriminate against laborfrom any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor perf ormed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. EqualEmploymentOpportunity: Equalemploymentopportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities underthis contract. The Equal Opportu- nity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, out regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibili- ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination bythe EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to imple- ment such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opport unity Employer." All such advertisements will be placed Form FHWA-1273 (Rev. 3-94) Page 1 in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consider- ation. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefitss a e established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- natory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whetherthere is evidence of discrimina- tion. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees n each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promo- tion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opport unities for Page 2 minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coopera- tion with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procure- ment of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractorwill use his best effort s to ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and effort s being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and effort s being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA Form FHWA-1273 (Rev. 3-94) each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construc- tion contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. K. As used in this cert ification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. V. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt. ) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)j the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination")which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcon- tractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. bI Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officershall approve an additional classifica- tion, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifica- tion requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contract - officer within the 30 -day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, oran authorized representative, will issue a determina- tion within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract fora class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Form FHWA-1273 (Rev. 3-94) Page 3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employ- ment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employ- ment as an apprentice. (2) The allowable ratio ofapprentices tojourneyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a programwhich has received priorapproval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees tojourneyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour sion determines that there is an apprenticeship program associ- ated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administra- tion withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates forapprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontrac- torthe full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each vidual laborer, mechanic, watchman, or guard employyed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permit- ted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: Page 4 Form FHWA-1273 (Rev. 3-94) The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractorand each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is perf ormed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superin- tendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "State- ment of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and " supplies contained in Form FHWA-47, Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of Form FHWA-1273 (Rev. 3-94) Page 5 a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, orequipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of Lite SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the perf ormance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surround- ings or under conditions which are unsanitary, hazardous or danger- ous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). X. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, t is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false state- ment, false representation, orfalse report as to the character, quality, quantify, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representa- tion, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoeverknowinglymakessny false statement orfalse representa- tion as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 orimprisoned no[ more than 5 years or both. ' X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the perf ormance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et sec., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seg., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, cating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of part icipation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the depart ment or agency determined to enter into this transaction. If it is later deter- minedthat the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this Pages Form FHWA-1273 (Rev. 3-94) transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that iIs certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction,"' principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant furt her agrees by submitting this proposal that it will include the clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicita- tions for lower tier covered transactions. h. A part icipant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a part icipant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtain - attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3 -year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - LowerTier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the depart- ment, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immedi- ate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," ligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitt ing this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Cert ifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and Form FHWA-1273 (Rev. 3-94) Page 7 frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant cert ifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a ember of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This cert ification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitt ing his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Form FHWA-1273 (Rev. 3-94) ATTACHMENTPRENCE APPALACHIAN CONTRACTS AFOR (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor under- taking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, Form FHWA-1273 (Rev. 3-94) (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employ- ment Service to complete the job order form. The lob order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1 c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Page 9