Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2012-091A
A � �Lo i�A R CONTRACT DOCUMENTS AND SPECIFICATIONS FOR MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS AT 7TH AVENUE SW SOUTH OF 17TH LANE SW 15TH AVENUE & 8TH STREET 13TH AVENUE & 8TH STREET 11TH AVENUE & 4TH STREET 25TH STREET SW & 17TH AVENUE SW BID NO . 2012037 PROJECT NO . 1142 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA GARY C . WHEELER , CHAIRMAN PETER D . OBRYAN , VICE CHAIRMAN COMMISSIONER JOSEPH E . FLESCHER COMMISSIONER BOB SOLARI COMMISSIONER WESLEY S . DAVIS JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT r : 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 - F. \Public Works\ENGINEERING DIVISION PROJECTS\1142-Mist Culvert Replace, nents\Ad ,; Pni mid documents\00001 - Project Title - REV 04-07. doc TABLE OF CONTENTS Section No . Title DIVISION 0 - BIDDING DOCUMENTS CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010- 1 F: \Public Works\ENGINEERING DIVISION PROJECTS\ 1142 - Misc Culvert Replacements\Admim \bid documents\00010 - Table of Contents - REV 04-07 . doc DIVISION 1 = GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS APPENDIX B - MAINTAIN OF TRAFFIC PLAN + + END OF TABLE OF CONTENTS + + 00010-2 FAPublic Works\ENGINEERING DIVISION PROJECTS \1142-Misc Culvert Replacements\Admim \bid documents\00010 - Table of Contents - REV 04-07 . doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801270 Street Vero Beach, Florida 32960 � gIVER � A � ORi Telephone : ( 772 ) 567 - 8000 FAX : ( 772 ) 770 -5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 P . M . on Wednesday , April 25 , 2012 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " Miscellaneous Drainage Culvert Replacement and Bid No . 2012037 . 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. 1142 INDIAN RIVER COUNTY BID NO. 2012037 PROJECT DESCRIPTION: The project consists of replacing failed culverts and storm drainage pipes at the following (5) five locations : 7th Avenue SW south of 17th Lane SW, 15th Avenue & 8th Street, 13th Avenue & 8th Street, 11th Avenue & 4th Street and 25th Street SW and 17th Avenue SW. Also included in this project will be incidentals such as pavement replacement, signing and marking, landscape, curb and gutter. 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 ircgov . com . All bidders shall submit one ( 1 ) original and one ( 1 ) copy of the Bid Proposal forms provided within the specifications . BID SECURITY must accompany each Bid , and must be in the form of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety , or a certified check or a cashier' s check , drawn on any bank authorized to do business in the 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 1 F: \Public Works\ENGINEER ING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00100 - Advertisement for Bids REV 04-07. doc State of Florida . Bid Security must be in the sum of not less than Five Percent ( 5 % ) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100 % Public Construction Bond within the timeframe set by the County . If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as penalty . Please note that the questionnaire must be filled out completely including the financial statement . The County reserves the right to delay awarding of the Contract for a period of ninety ( 90 ) days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that , in its judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid preparation costs . INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : March 21 , 2012 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building " B " Vero Beach , FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07 . doc 00100 - 2 F: \Public Works\ENGINEER ING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00100 - Advertisement for Bids REV 04-07 . doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No . - Title Page ARTICLE 1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . . . . . . . . . . . . . 0 . . . 4 . 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 - PRE - BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 8 on BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 to, LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . " , , , , , ' ' , , , . ' ' we 6 ARTICLE 13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 15 to, SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 to, OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 19 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 to, SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 00200 - Instructions to Bidders REV 04-07 . doc 00200 - i F: \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07. doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Su——Jett Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a19 . . . . . . . . . . . . . . . . . . . . . Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . , , , , , , , ' ' , , ' ' , , . . . 4 6 * a a a 0 1 1 1 9 1 1 a 0 a I I I a a a I I 1 0 0 1 1 a 9 0 1 a 4 0 1 1 1 1 a a I I F 0 * I I a a I I 1 0 & I I I a a I 1 9 a 120 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Copies of Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site , a * I I I a a & I 1 1 4 b I I I 1 0 4 1 1 1 9 a I I 1 0 0 1 1 1 1 0 1 1 1 4 a I I 1 0 04 Interpretations and Addenda . I Go a a 0 0 0 a a 0 0 0 a 9 0 . . . 7 LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Pre- Bid Conference . I I 1 0 0 * I I I I P 0 a 0 0 0 a a a a 0 0 0 a 0 0 0 5 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or " Or- Equal " Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to Bidders REV 04-07 . doc 00200 - ii IF Tublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07. doc SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A . Bidder--The individual or entity who submits a Bid directly to OWNER . B . Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER ' s evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2001 Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office , 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder' s qualifications to perform the Work , within five days of OWNER ' s request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below . A . Bidder must have at least five years ' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR , at least three projects similar in scope to this project . C . Bidder must have good recommendations from at least three clients similar to the OWNER . D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 3 . 02 Each bid must contain evidence of Bidder' s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 1 F. \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsV\dmim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE 4 . 01 Subsurface and Physical Conditions A . The Supplementary Conditions identify : 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents , B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A . Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER , or others . 4 . 03 Hazardous Environmental Condition A . The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any , that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 .A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any , and possible changes in 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 2 F :\Public Works\ ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions , 4 . 05 Upon a request directed to the ENGINEER (Arjuna D . Weragoda , P . E . 772-226- 1931 ) 1 OWNER will provide Bidder access to the Sites 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 Sites to there former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 Reference is made to Article 7 of the General Conditions for the identification of any other work that is to be performed at the Sites 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 ; Be VISIT THE SITES AFTER CONTACTING THE ENGINEER (ARJUNA D . WERAGODA, P . E . , ( 772 ) 226=1931 ) TO MAKE ARRANGEMENTS IN ADVANCE , AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL , LOCAL , AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS , AND PERFORMANCE OF THE WORK , C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost , progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions ( overhead , surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Ksc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 doc Rev. 05/01 H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE - BID CONFERENCE 5 . 01 THERE WILL BE NO PRE-BID CONFERENCE FOR THIS PROJECT. ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Sites are identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment , or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect . 7 . 02 Addenda may be issued to clarify , correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 4 F :\ Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev . 05/01 ARTICLE 8 - BID SECURITY 8 . 01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder' s maximum base bid price and in the form of a certified check ; cashier's check ; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 01 of the General Conditions . The Bid Bond shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies " as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury . The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney- in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person ' s authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the Successful Bidder shall for all Bonds , provide a copy of the Surety' s current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions , 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 90 days after the Bid opening , whereupon Bid Security furnished by such Bidders will be returned . 8 . 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be (a ) Substantially Completed and ( b) also completed and ready for final payment are set forth in the Agreement . ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any , are set forth in the Agreement . ARTICLE 11 - SUBSTITUTE AND " OR - EQUAL" ITEMS 11 . 01 The Contract , if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or " or-equal " items . Whenever it is specified or described in the Bidding Documents that a substitute or " or- 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 5 F. \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07. doc Rev . 05/01 equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER , application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement . The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements . ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement , the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER . If OWNER or ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity , OWNER may , before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable " entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary . The corporate address and state of incorporation shall be shown below the signature . 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 . 00200 - Instructions to Bidders REV 04-07. doc 00200 - 6 F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev . 05/01 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 . 06 A Bid by an individual shall show the Bidder' s name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13 . 11 The Bid shall contain evidence of Bidder' s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract . Bidder' s state contractor license number or county registration number for the state or county of the Project , if any , shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS 14 . 01 Unit Price A . Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any , named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . 14 . 03 The Bidder' s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere , is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated 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 . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 7 F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 ARTICLE 15 - SUBMITTAL OF BID 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . B . Sworn Statement under the Florida Trench Safety Act , C . Qualifications Questionnaire . D . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the Bid Number, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County , Purchasing Division , 1800 27th Street , Vero Beach , Florida , 32960 , ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work . ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non- responsive , read aloud publicly . An abstract of the amounts of the base Bids and major alternates , if any , will be made available to Bidders after the opening of Bids . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 8 F. \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev. 05/01 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may , in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non - responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted , the Bidder, by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest . 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OWNER ' s intent to accept alternates ( if any are accepted ) in the order in which they are listed on the Bid form , but OWNER may accept them in any order or combination . 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions , 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility , qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents , 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 9 F'. \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 . doc Rev 05101 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER ' s requirements as to Public Construction Bond and insurance . When the Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bond , unless the Bond has been waived due to the total contract being less than $ 100 , 000 . ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15 ) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder, 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . * * END OF SECTION 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 10 F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00200 - Instructions to Bidders REV 04-07 , doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 04-07 . doc 003001 F. \Public Works\ENGINEERING DIVISION PROJECTSM42-Misc Culvert Replacements\Admim\bid documents\00300 - Bid Package Contents - REV 04-07. doc F I SECTION 00310 - Bid Form y. - oy PROJECT IDENTIFICATION : Project Name : Miscellaneous Drainage Culvert Replacements County Project Number: 1142 Bid Number: 2012037 Project Address : Indian River County , Florida 7th Avenue SW South of 17th Lane SW 15th Avenue & 8th Street 13th Avenue & 8th Street 11th Avenue & 4th Street 25th Street SW & 17th Avenue SW Project Description : The project consists of replacing failed culverts and storm drainage pipes at the following (5) five locations: 7th Avenue SW south of 17th Lane SW, 15th Avenue & 8th Street, 13th Avenue & 8th Street, 11th Avenue & 4th Street and 25th Street SW and 17th Avenue SW, Also included in this project will be incidentals such as pavement replacement, signing and marking, landscape, curb and gutter, THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 180027 th Street VERO BEACH , FLORIDA 32960 1901 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 . 2001 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security . The Bid will remain subject to acceptance for 90 days after the Bid opening , or for such longer period of time that ' 9 p Bidder may agree to in writing upon request of OWNER . j 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement , that : A . Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . Addendum Date Addendum Number 1 ;z Mali B . Bidder has visited the Site and become familiar with and is satisfied as to the general , 00310 - Bid Form REV 04-07 . doc 00310 - 1 ' FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacemenlsWdmim\bid documents\00310 - Bid Form REV 04-07.doc Rev. 05116/01 local and Site conditions that may affect cost , progress , and performance of the Work . C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost , progress and performance of the Work . D . . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in 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 . f the general nature of work to be performed b OWNER and others at G . Bidder is aware o g p y 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 i OWNER . [The remainder of page intentionally left blank] 00310 - Bid Form REV 04-07 . doc 00310 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00310 - Bid Form REV 04-07 .doc Rev. 05/16/01 ITEMIZED BID SCHEDULE ADDENDUM # 1 4- 16 - 12 PROJECT NAME : MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS PROJECT NOA 142/BID NO . 2012037 BIDDER ' S NAME : r , Item No Description Unit PrICG ' Amount 7th AVENUE SW SOUTH OF 17TH LANE - 1142A 101 - 1 MOBILIZATION LS 1 `ij b(x + . (x ! Cfx1 , CY 102- 1 MAINTENANCE OF TRAFFICLS 1 ( �� OC c, � t ci 104- 1 EROSION AND WATER POLLUTION CONTROL LS 108- 1 RECORD DRAWINGS/AS-BUILT DRAWINGS LS 1 j �' uv . c- 3 cc, . ock) 108-2 SURVEY CONTROL INSTALL/RE-ESTABLISH LS 1 I oftl . 06 Dcl, 'A , () 0 108-4 N . P . D . E . S . PERMITTING LS 00 110- 1 - 1 CLEARING AND GRUBBING LS 1 'C C� , (JL 110-7- 1 MAILBOX (RELOCATE) EA 3 cite (-K•) 120 - 1 EXCAVATION REGULAR LS 1 r (oQ . Db C' 120 -6- 1 EMBANKMENT LS 160 -4- 1 TYPE " B" STABILIZATION 12" SUBGRADE LBR 40 SY 489 285-706 8" CEMENTED COQUINA SHELL BASE 2 LIFTS OPTIONAL BASE GROUP 6 SY 379 (T). �3 327-70-8 MILLING OF EXISTING ASPHALT PAVEMENT 2 1 /2 " AVERAGE SY 244 334- 1 - 13A SUPERPAVE ASPHALTIC CONCRETE 1 - 1 /2" SP- 12 . 5 SY 340 U $C , ( +C7 334- 1 - 13B SUPERPAVE ASPHALTIC CONCRETE 1 " SP-9 . 5 SY 340 , 6e,) 425-2-551 INLET TYPE 'E' EA 5 1 , 9vo . (� U 430- 174- 130 ALUMINIZED CORRUGATED METAL PIPE (3011) LF 20 bC) ko G • tui 430- 175- 118 CONCRETE PIPE CULVERT CLASS III 18" LF 44 ,,5, q0 + 36 , 90 430- 175- 124 CONCRETE PIPE CULVERT CLASS III 24" LF 873 33. 5U , � ' L r , J(} 430- 175- 130 CONCRETE PIPE CULVERT CLASS III 30" LF 419 � 3 : r' � G �'� � , L 520- 1 -8 CONCRETE CURB & GUTTER MIAMI CURB LF 399 U !5 � ? j 520-3 VALLEY GUTTER CONCRETE 3' WIDTH LF 93 17. 49C, 522- 1 CONCRETE FOR DRIVES 6" THICK SY 109 3 f . vCz ?> 570- 1 -2 PERFORMANCE TURF SOD BAHIA SY 13457 711 - 11 - 125 SOLID TRAFFIC STRIPE (WHITE) 24 " SY 28 7th AVENUE SW SOUTH OF 17TH LANE SUBTOTAL 15TH AVENUE & 8TH STREET - 1142B 101 - 1 MOBILIZATION LS 1 000 , t'G nOt� . C%C 102- 1 MAINTENANCE OF TRAFFIC SEE APPENDIX " B " LS 1 104- 1 EROSION AND WATER POLLUTION CONTROL LS 1 SOC) . LSO 5bc c. o 108- 1 RECORD DRAWINGS/AS-BUILT DRAWINGS LS 1 t9 ,OD C F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\Hddendums\ 1142 Itemized Bid Schedule.xls 00310-3 * ADDENDUM # 1 4- 16 - 12 ITEMIZED BID SCHEDULE PROJECT NAME : MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS PROJECT NO , 1142/ BID NO . 2012037 BIDDER' S NAME : Item No. Description ' : Unit Quantity Unit Price Amount 108 -2 SURVEY CONTROL ( INSTALURE- ESTABLISH ) LS 1 - x 108-4 N . P . D . E . S . PERMITTING LS 1 G' 110- 1 - 1 CLEARING AND GRUBBING LS 1 1 v( ( ;cix Li 120- 1 EXCAVATION REGULAR LS 1 4 Ccv , c? c ( I pcn ( > , CCS 120 -6- 1 EMBANKMENT LS 1 (vC� ' • c' G (� ': , LL ' 160-4- 1 TYPE " B" STABILIZATION 12" SUBGRADE LBR 40 SY 164 (o . ( '' C c ) , Ci' 285 -706 8" CEMENTED COQUINA SHELL BASE 2 LIFTS OPTIONAL BASE GROUP 6 SY 113 334- 1 - 13A SUPERPAVE ASPHALTIC CONCRETE 1 - 1 /2" SP- 12 . 5 SY 103 �, c"� U G 4� , f1b 334- 1 - 13B SUPERPAVE ASPHALTIC CONCRETE 1 " SP-9 . 5 SY 103 5 , C 400-2-2 CLASS II CONCRETE FOR HEADWALLS CY 33 . 8 1 401 oG 415- 1 - 1 REINFORCING STEEL (ROADWAY) LBS 3 , 598 430- 175- 166 CONCRETE PIPE CULVERT CLASS III (661f) LF 56 U . L'(:) U , G( i * 570- 1 -2 PERFORMANCE TURF (SOD) (BAHIA) SY 234 706-3 R . P . M . BI -DIRECTIONAL AMBER/AMBER EA 4 O • G' U Lt QitL3 711 - 11 - 125 SOLID TRAFFIC STRIPE HITE) (2411) SY 13 I� . CD 711 - 11 -221 ISOLID TRAFFIC STRIPE DOUBLE YELLOW) (611) LF 50 © C � ` J �/ • cx) P- 1 TEMPORARY BY-PASS SYSTEM - HYDRAULIC PUMP 15000 GPM LS 1 UGv , vr bGc> . oc 15TH AVENUE & 8TH STREET SUBTOTAL yq 13TH AVENUE & 8TH STREET - 1142C 101 - 1 MOBILIZATION LS 1 f) GYr , c (? ( d�>p , E)o 102- 1 MAINTENANCE OF TRAFFIC SEE APPENDIX "B" LS 1 ` �' Vin , Lx� t) 0 , OCA 104- 1 EROSION AND WATER POLLUTION CONTROL LS 108- 1 AS-BUILT DRAWINGS LS 1 5(X� . DO vat : C>C1 108-2 SURVEY CONTROL INSTALURE-ESTABLISH LS 1 5CY3 , DU Jbb, Oft 108-4 N . P . D . E . S , PERMITTING LS 1 � fl . © 0 110- 1 - 1 CLEARING AND GRUBBING LS 1 G(7, l r? ` O C1 . UO 120- 1 EXCAVATION REGULAR LS 1 " 600 , 06 fi60 . CsO 120-6- 1 EMBANKMENT LS 1 OD , E_ v f�C?� On 160-4 - 1 TYPE " B" STABILIZATION 12 " SUBGRADE LBR 40 SY 164 . �'�' �1 4f". C)o 285-706 8" CEMENTED COQUINA SHELL BASE 2 LIFTS OPTIONAL BASE GROUP 6 SY 113 . �� • ( ' C � 3 , C >� 334- 1 - 13A SUPERPAVE ASPHALTIC CONCRETE 1 - 1 /2 " SP- 12 . 5 SY 103 C (,, , r7c' 334- 1 - 13B SUPERPAVE ASPHALTIC CONCRETE 1 " SP-9 . 5 SY 103 �// �> , a .� ✓ G 400-2-2 CLASS 11 CONCRETE FOR HEADWALLS CY 34 . 6 k7 9a. to ai y - 415- 1 - 1 REINFORCING STEEL ROADWAY LBS 31598 � 5 ✓ �� �5 �rC FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Mist Culvert Replacements\Ndmim\bid documents\Addendums\ 1142 Itemized Bid Schedule .xls 00310-4 ADDENDUM # 1 4- 16 - 12 ITEMIZED BID SCHEDULE PROJECT NAME : MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS PROJECT NOA 142/BID NO_ , 2012037 BIDDER ' S NAME : i �� .� Item No.f ; " Description " Unit Quantity ` Unit Price-% ' Amount 430- 174- 112 ALUMINIZED CURRUGATED METAL PIPE 12 " LF 48 L , 430- 175- 166 CONCRETE PIPE CULVERT CLASS III 66 " LF 56 !- * 570- 1 -2 PERFORMANCE TURF - SOD ( BAHIA) SY 231 ' 706-3 R . P . M . BI- DIRECTIONAL AMBER/AMBER EA 4 bbl 711 - 11 - 125 SOLID TRAFFIC STRIPE (WHITE) 24" SY 13 711 - 11 -221 SOLID TRAFFIC STRIPE DOUBLE YELLOW 6 " LF 50 ` , �' J50 , 0Z' 13TH AVENUE & 8TH STREET SUBTOTAL 11TH AVENUE & 4TH STREET - 1142D 101 - 1 MOBILIZATION LS 1 6rt) . 00 102- 1 MAINTENANCE OF TRAFFIC SEE APPENDIX " B" LS 104- 1 EROSION AND WATER POLLUTION CONTROL LS 1 06 108- 1 AS-BUILT DRAWINGS LS 1 FUO . ' G" GU , or 108-2 SURVEY CONTROL INSTALL/RE- ESTABLISH LS 1 rfX>, C) O Soo . oo 108-4 N . P . D . E . S . PERMITTING LS 110- 1 - 1 CLEARING AND GRUBBING LS 1 � L� ,bl�� � '� UCS . 4)G 120- 1 EXCAVATION REGULAR LS 1 b(X> , vC U/UG' , or 120-6- 1 EMBANKMENT LS 1 (9G t�- tC� • E'C 160-4- 1 TYPE " B" STABILIZATION 12" SUBGRADE LBR 40 SY 180 ))�7 6s C) 285-706 8" CEMENTED COQUINA SHELL BASE 2 LIFTS OPTIONAL BASE GROUP 6 SY 125 1 bG ' 2 �7 C , or 334- 1 - 13A SUPERPAVE ASPHALTIC CONCRETE 1 - 1 /2" SP- 12 . 5 SY 114 ��yy 334- 1 - 13B SUPERPAVE ASPHALTIC CONCRETE 1 " SP-9 . 5 SY 114 400-2-2 CLASS II CONCRETE FOR HEADWALLS CY 24 . 6 O , 00 bp( , cr) 415- 1 - 1 REINFORCING STEEL ROADWAY LBS 11820 430- 174- 115 ALUMINIZED CORRUGATED METAL PIPE ( 1511) LF 56 oe) r 60 430- 175- 142 CONCRETE PIPE CULVERT CLASS III (4211) LF 56 5 GCS 00 * 570- 1 -2 PERFORMANCE TURF - SOD (BAHIA) 706-3 R . P . M . BI -DIRECTIONAL AMBER/AMBER EA 4 10600 - Iy7U, GO 711 - 11 - 125 SOLID TRAFFIC STRIPE (WHITE) 24" SY 17 i� �, ob '? l � . 711 - 11 -221 SOLID TRAFFIC STRIPE DOUBLE YELLOW) (601) LF 50 ` � . w �SC� , OCI 11TH AVENUE & 4TH STREET SUBTOTAL F :APublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\Addendums\ 1142 Itemized Bid Schedule. xls 00310-5 * ADDENDUM # 1 4 - 16 - 12 ITEMIZED BID SCHEDULE PROJECT NAME : MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS PROJECT NO , 114_2/ BID NO . 2012037 BIDDER ' S NAME :_ Item No. . 113escription t7nft Quantity Unit Price Amount 25TH STREET SW & 17TH AVENUE SW - 1142E 101 - 1 MOBILIZATION LS 102 - 1 MAINTENANCE OF TRAFFIC LS 1 Lite c C - oO [„t, 104- 1 EROSION AND WATER POLLUTION CONTROL LS 108- 1 AS-BUILT DRAWINGS 108-2 SURVEY CONTROL INSTALURE- ESTABLISH LS 1 108-4 N . P . D . E . S . PERMITTING LS 1 110- 1 - 1 CLEARING AND GRUBBING �ryry LS 120- 1 EXCAVATION ( REGULAR) LS 1 120-6- 1 EMBANKMENT LS 1 430- 174- 124 ALUMINIZED CORRUGATED METAL PIPE (241) LF 126 570- 1 -2 PERFORMANCE TURF - SOD BAHIA SY - U 25TH STREET SW & 17TH AVENUE SW SUBTOTAL a C L do� p 800- 1 PUBLIC CONSTRUCTION BOND LS 1 _ � U ` , ✓, L Go( , FA- 1 FORCE ACCOUNT LS 1 20 , 000 . 00 20 , 000 . 00 MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS PROJECT TOTAL c3 '''G J 11 PROJECT TOTAL ( IN WORDS ) Lk VL_ ` ” � f IFic� Gtri✓� LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard LBS = Pounds CY = Cubic Yard F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Mist Culvert Replacements\Admim\bid documents\Addendums\1142 Itemized Bid Schedule .xls 00310-6 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 . i B . The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so , no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D . Unit Prices have been computed in accordance with paragraph 11 . 03 . 13 of the General Conditions , 6 . 01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14 . 07 . 13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement . 6 . 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement . 7 . 01 The following documents are attached to and made a condition of this Bid : A . Itemized Bid Schedule B . Required Bid security in the form of 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 ; 00310 - Bid Form REV 04-07 . doc 00310 - 7 TO,* F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00310 - Bid Form REV 04-07.doc 8 . 01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders , the General Conditions , and the Supplementary Conditions . SUBMITTED on ` 20 [ State Contractor License No . If Bidder is : An Individual Name (typed or printed ) : By: (SEAL) (Individual 's signature) Doing business as : Business address : Phone No . : FAX No . : r A Partnership Partnership Name : (SEAL) By : (Signature of general partner -- ach evidence of authority to sign) Name (typed or printed) : Business address : Phone No . : FAX No . : A Corporation Corporation Name: I 1 vvLat S aS-�e, co-)k &Ckc - t` v� ttic , ( SEAL) State of Incorporation : FA Type (General Business , Professional , Service , Limited Liability) : (Signature -- attach evidence oo n) Name (typed or printe V" AZ70 cz Title : � � � V Attest ( iYua __ _ (CORPORATE SEAL) (Signature of Corporate Secretary) Busines address : 1 ,3 & o ,. �o 01c .p i , P , k" ) 41?. I 0 (; Phone No . : 17 ');:Z - - FAX No . : `1log -:S/2� - 17 00310 - Bid Form REV 04-07 .doc 00310 - 8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Mist Culvert Replacements\Admim\bid documents\00310 - Bid Form REV 04-07 .doc Date of Qualification to do business is A Joint Venture Joint Venture Name : (SEAL) By : (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed ) : Title : Business address : Phone No . : F , o . : Joint Venture Name : (SEAL) By : (Signature -- attach evidence of authority to sign) Name (typed or printed ) : Title : Business address : Phone No . : FAX No . : Phone and FAX Number, and Address for receipt of official communications : ( Each joint venturor must sign . The manner of signing for each individual , partnership , and corporation that is a party to the joint venture should be in the manner indicated above . ) * * * * END OF SECTION 00310 - Bid Form REV 04-07 . doc 00310 - 9 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00310 - Bid Form REV 04-07.doc THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # BB03365 KNOW ALL MEN BY THESE PRESENTS, thatwe Timothy Rose Contracting , Inc . 1360 SW Old Dixie Hwy . , Ste 106 (ttoelnsenfidlmm AMaddre or )cotitieorcontmctor) Vero Beach , FL 32962 asPnncipal, hereinaflercalledthe Principal, and Developers Surety and Indemnity Company a corporation duly organized under the laws of the State of :Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County 1801 27 Street , Vero Beach , FL (aero frorrt fnp cone xxi addnxe or teaal tide orowua) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bld -Dollars ($ 50%) , 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. NAgUREAS, the Principal has submitted abid for Miscellaneous Drainage Culver Replacements Bid No . 2012037 Project No . 1142 (Hae haat fog ftme, atddres¢ and description of project) NOW, THEREFORE, ifthe Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contua and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the faihm 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. Sio ed d sealed this 6 day of Apr i 1 2012 _ Timothy Ro n - racting , Inc . (Principal (Seal) (witness) 1 e y Rose Pr &s er ve o e s Surety and Indemnity Company } (Seal) (Witness) (Title)Robert Barra Attorney In Fact AIA DOCUMENT A310 BIDBORD A1A Ail FEBRUARY 19701U) THE AMERICAN INSTITUTE OF ARCHITtEC'I:S, 1735 N.Y. AVE., N .W. WASHINGTON, D.C. 20006 1 1VARN ING: Unlicensed photocopying violates US. copyright laws and is subject to legal prosecutim. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE , CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: *** Robert Barra*** as its true and lawful Attorney(s)Jn-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 the Board, the President, any Executive Vice-President, Senior Vice-President or Vice-President of the corpo- ration be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the 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 may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond , undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary orAssistant Secre- tary this January 1 st, 2008. , D By: f.C/7 •"•"•,,,,•SAND "" "F' Daniel Young , Vice-President . �Q`�j t ~' '^•�yO � "cJ,,`QVLPOR4r�`� r ' a OCT. By: moo 1040 Stephen T Pate , Senior Vice-President tp> `• 1936 ;' �7 /OWN OWP *4 aia State of California ''.�,Q 4,* •••o V %*a County of OrangeMot On January 31 2011 before me, Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ANTONIO ALVARADO capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of comma M 1860M which the person(s) acted , executed the instrument. NO URY PU9tJC UJFOFVM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. ' $, 2013 VW4r"VWVPV IV WITNESS my hand and official seal. Place Notary Seal Above Signature ' Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate isexecutedin the City of Irvine , California , this 6 day of April 2012 By: at /( r regg Okun , istant Secretary ID- 1438(Rev.01 /11 ) SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond . " END OF SECTION 00430 00430 - Bid Bond REV 04-07 . doc - 1 17APublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents100430 - Bid Bond REV (W07. doc Rev. 05/01 SWORN STATEMENT UNDER SECTION ] 05 . 08 , INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS , 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No . 2012037 for Miscellaneous Drainage Culvert Replacements 2 . This sworn statement is submitted by : (Name of entity submitting Statement) whose business address is : 3 (oG S �� U lC ►ccs ��� • , L� 5 2 `l to , z, 3 . My name is \ EO S , (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 entitysubmitting 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00452 Disclosure of Name of Affiliate Name of County Commissioner Relationship or entity or employee L ( Signature) � ) � :2 (Date) STATE OF idot2 `Ckav COUNTY OF � � r }� � The foregoing instrument was acknowledged before me this 95 day of , 20 by% T u S <' , who is personally known to me or who has produced Nh as identification. r- PUBLIC SIGN : PRINT : U 4,L vNotPublic, State at la e My Commission Expires : p (Seal) w •o VICKIE LEE WRiGHT Notary P ublic Slat of Florida My sionEx ► arc016 Commssion111452 td!0 00452-2 FAIDublic Works\ENGINEERING DIVISION PROJECTS\1142Wisc Culvert Replacements\Admim\bid documents\00452 Disclosure of SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ( " BIDDER" ) , OR ITS AUTHORIZED REPRESENTATIVE , IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Project No . 1142 for Miscellaneous Drainage Culvert Replacements 2 . This Sworn Statement is submitted by _ r V v �/t v ru 4 (Legal Nam f ntity Sub itting Sworn Statement) VVA CI) hereinafter " B DDER" . The IDDE 's addrQss is _ 13 S4� D i % v �' �, ► c �'. ,� ,. ��'j BIDDER ' s Federal Employer lk*nfificlaition Number ( FEIN ) is 3 . My name is AA � and my relationship to the BIDDER (Pr a of Individual Signing) e > . is �t'c ► Gk QM)r (Position or Title) 1 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 comply with the applicable Trench Safety Standards . 6 . The BIDDER has allocated and included in its bid the total amount of $ ( �. b0 • oto based on the linear feet of trench to be excavated over five (5 ) feet deep , for compliance t 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 $ 196-0 & as based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s ) of compliance on this Project : 00454 - Florida Trench Safety Act - REV 04-07 . doc 00454 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Mist Culvert Replacemenls\Ndmim\bid documents\00454 - Florida Trench Safety Act - REV 04-07.doc The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER . Such methods will not be checked by the OWNER or ENGINEER for accuracy , completeness or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards , 8 , The BIDDER , in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that , based on such information and the BIDDER ' s own information , the BIDDER has sufficient knowledge of the Project ' s surface and subsurface site conditions and characteristics to assure BIDDER ' s compliance with the applicable Trench Safety Standards in designing the trench safety system (s) for the Project . BIDDER : t VV i a e II By : "T^ ;,,,k Position or Title : Date : t V5 Lz, STATE OF L12k� COUNTY OF ,_.�C f Ct i� e _u Personally appeared before me , the undersigned authority , wafter first being worn by me , affixed his/her signature in the space provided above on this D-day of , 20th K4*t eVICKIELEE WRICHTA6 Notary Public-state of 1`106 ao Pu lie , Stat at large "; My Commission Exit March 11 , 2016My Commission Expires : tj 3 p I4 Commission No . EE 111452� * * END OF SECTION dddd 00454 - Florida Trench Safety Act - REV 04-07 . doc 00454 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Mise Culvert ReplacementslAdmim\bid documents\00454 - Florida Trench Safety Act - REV 04-07. doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS , UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder . Attach additional sheets as required . Documentation Submitted with Project No : 1142 Project Name : Miscellaneous Drainage Culvert Replacements 1 , Bidder' s Name / Address : „ 1J0 Sfi � 4A e 2 . Bidder's Telephone & FAX Numbers : 17V12z 56 1-1 - "T gnb ke� 3 . Licensing and Corporate Status : a . Is Contractor License current ? S b . Bidder's Contractor License No : License to the bid ] C_ Of: FD [Attach a copy of Contractor' s 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 : cvn rLs=_ 5 . What is the last project OF THIS NATURE that the firm has completed ? & Has the firm ever failed to complete work awarded to you ? NO [ If your answer is " yes " , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which the firm failed to complete the work . ] 7 . Has - the firm ever been assessed liquidated damages ? No [ If your answer is " yes " , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which liquidated damages have been assessed . ] & 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 . ] 00456 - 1 00456 - Qualifications Questionnaire . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Mist Culvert ReplacementsWdmim\bid 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 ? trJ [ 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 : 1 1 wA e 5_� - Date of Inspections : 14 . Name of on -site Project Foreman : "UL n Number of years of experience with similar projects as a Project Foreman : 19i.LYIS - 15 . Name of Project Manager: _ J l v0 D `� �- Number of years of experience with similar projects as a Project Manager: A5602 5; 16 . State your total bonding capacity : k A, to , c ! 17 . State your bonding capacity per job : � e � �; �� � �C 18 . Please provide name , address , telephone number, and contact person of your bonding company : � X� [The remainder of this page was left blank intentionally] ILA 00456 - Qualifications Questionnaire . doc 00456 - 2 F1Public WorksIENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00456 - Qualifications Questionnaire. doc JVXIF 19 . Complete the following table for SIMILAR projects : Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount actryi Lavin _ _ � , o � • , ( ' Q r7q q • V. Q�1 0 j. ) Z o ( Z V L \ W i 00456 3 00456 - Qualifications Questionnaire . doc [NOTE : If requested by the County , the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contractor. ] By : . �'�---- ( Signature ) 1 I ( Position or Title ) (ji � 1 �� � I �� * * END OF SECTION ( Date ) 00456 - Qualifications Questionnaire . doc 00456 - 4 F1Public Works\ENGINEERING DIVISION PROJECTS\1142-Mist Culvert Replacements\Admim\bid documents\00456 - Qualifications Questionnaire. doc SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one - half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request . Subcontractors must be properly licensed and hold a valid Certificate of Competency . Documentation Submitted with Project No . 1142 for Miscellaneous Drainage Culvert Replacements . Work to be Performed Subcontractor' s Name/Address 2 . fit.AA 4 . 5 . 6 . 7 . 9 . 3 L} 332' Av. 100 11 . 12 . 13 . 14 . 15 . 16 . 17 . Note : Attach additional sheets if required . * * END OF SECTION 00458 - List of Subcontractors REV 04-07 . doc 00458 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Ndmim\bid documents\00458 - List of Subcontractors REV 04 -07.doc loss. ck a! J I H I C ur rLVKIUA too s DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION & CONSTRUCTION INDUSTRY LICENSING BOARD OF - .� 1940 NORTH MONROE STREET ( 850 ) 4871395 TALLAHASSEE FL 32399 - 0783 ROSE , TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC 1360 SW OLD DIXIE HIGHWAY # 106 VERO BEACH FL 32962 Congratulations ! With this license you become one of the nearly one million STA 41 OF L 11 111 AC# 5 �, Q 6 2 7 L Floridians licensed by the Department of Business and Professional Regulation , DEPAi;TM I ' I OF BUSINESS" AND Our professionals and businesses range from architects to yacht brokers , from rAROES; I 04 1 12EGIIT,ATON boxers to barbeque restaurants , and they keep Florida 's economy strong . III r ' CIG05IF ,2Q4Q � S / 19� U ., 097061186 Every day we work to improve the way we do business in order to serve you better . y For information about our services , please log onto www. myfloridalicene . com . " ` ALr There you can find more information about our divisions and the regulations that RAIF C 'OR impact you , subscribe to department newsletters and learn more about the ROSE " L � '411, IF It Department' s initiatives . TYMQIL ' (� 1. II� G C Our mission at the Department is : License Efficiently , Regulate Fairly . We I lo ' ` 11 constantly strive to serve you better so that you can serve your customers . F'4 ��` Thank you for doing business in Florida , and congratulations on your new " is license ! , �� Txi, = 1i unser tie provisions af : -ch . 489 Fs szp ratton . dnte : AUQ 3 � i 12012 L100819Q1821 , DETACH HERE I IFFee FIL loll •d 1 is Ac# 102 41 xi�l YgF7 x �! . FV7L� f%+ �AS ��IVAL1.`I �R \7V L{�� � �N "F � � ', CONt( GGN ,INDT ST Y � L . ; I . II � GNS NG � AAR K 7 1 v .' I i JL I 11 ,4 IF $ E"itQ# z� 10081910 21 LIGE�IS - z'ex4 ZrFe r ? 7jet IFIt 1 I Fee IF—III IFk, 46 1 III, IF b97 � 6hI � `86 „ CG � 4� 2 � 4' t� � . � x � l J Irh hl Ti 11 Y i ti N — 1 I � F � . b R ERAiJI Ir� LL �' , � It iy ii f If tet IF S f _ � L lo 1 1 ' ail b . d i t L IIIa d _ III I � u � e IF IF L r Qe $ ; ' � {)' � + *? , �Ca:{rK ' x1D " ; F. _ / _ � rti1 ' Ill fj IF I Fie 41 e '' 1 Nlat eek lo I °' IaI — ' � — udgr , tIF he, the tpr� sIL tivolt, Yan :or a ,t� jOF , FL) IIII -l ' IF I i _ � ' rt r I IF t€ f. � � I IF i rt . ; Nr to ° x to i f � a = �y , ir IF' IF �, � ,� , � � t rl ( ti 17 ti lo OI)VN () , I IF J /1 (,+ l � b 1��� T W� 'MY, P t 1 11 111 I 11 1 F rI I it kix� Fi 7 f '� 14MO':1'R'1Y 1 .1. 4 . 11^ �.+ L' , X11 r r , For .4 ' � I � I' 11 f 4 '{ MKOTHX ` RQ$ E � IGI;bI'R �1 .1 It ' Nty " �;� IF 1 41 r' r It +�a V aI .lCD� t �IFA It �, W S b. , ' F ti ill I �2 CJ.k {( s rr , I CL i �� ��pp ppyyo� 14 �y+� yyy� pIF IL i It e ' #? }tit '. - 1 � ' � 2 '"�� I �.I III I I I �' IF ` x AIL it x j I I 1 1'Ll r IFi _ YIF 1 t 7 tit l 4r I III: 11 r , GHA�RI� ht I I11 R S ' I IF LFL 11 l ' ,GIF LL d, bIF� FR�ifJR " t ' ;�� C11RTi . Ef ` hIk' Y �A� RRU � fEQ 'Y LAW 'I E � SRG' R R 2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT # S75343 Jan 09 , 2012 Entity Name : TIMOTHY ROSE CONTRACTING , INC . Secretary of State Current Principal Place of Business : New Principal Place of Business : 1360 OLD DIXIE HWY SW STE 106 VERO BEACH , FL 32962 US Current Mailing Address : New Mailing Address : 1360 OLD DIXIE HWY SW STE 106 VERO BEACH , FL 32962 US FEI Number: 65-0284242 FEI Number Applied For ( ) FEI Number Not Applicable PP ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent : Name and Address of New Registered Agent : ROSE , TIMOTHY W . 1360 OLD DIXIE HIGHWAY SW 106 VERO BEACH , FL 32962 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both , in the State of Florida . SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS : Title : P Name : ROSE , TIMOTHY W. Address : 1360 OLD DIXIE HWY SUITE 106 City-St-Zip : VERO BEACH, FL 32962 Title : SEC Name : ROSE , RONALD Address : 1360 SW OLD DIXIE HWY #106 City-St-Zip : VERO BEACH, FL 32962 Title: TREA Name : ROSE , LISA Address : 1360 SW OLD DIXIE HWY #106 City-St-Zip : VERO BEACH , FL 32962 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath ; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607 , Florida Statutes ; and that my name appears above , or on an attachment with all other like empowered . SIGNATURE : TIMOTHY W ROSE PRIES 01 /09/2012 Electronic Signature of Signing Officer or Director Date bbb 10 Unce Bob Ba ) va Bonds , Inc . To Whom It May Concern, 1 RE : Timothy Rose Contracting, Inc . . Dm Gentlemen , Please be advised that Timothy Rose Contracting, Inc. , is bonded by Developers Surety and Indemnity Company. We have bonded the principal since 2003 . We consider the principal to be a valued and respected contractor who has completed all of their projects in a timely and professional. manner , Currently Tui nothy Rose Contracting , lne, , has a $5 ,000,000 .00 single bond guideline and a $ 10 , 000,000 . 00 aggregate . We do not anticipate a problem providing bonds for the principal subject to our receipt and review of a written. contract and the bond terns . Tbm request must come from our client and be accompanied by our normal, underwriting information. We reserve our .right to base our decision to provide bonding at the t ' a of the bond request. Our association with Timothy Rose Contracting, Inc., has been extremely favorable and we are confident that you will find theta to be highly qualified and responsive to your needs . If you have any questiorus please call . Si cerely, Robert Barra President Bob Barra Bonds; Inc . 9373 W . Sample Road, W206, Coral Springs, FL 33065 (954)255-9855 Fax (954)x55-9857 Indian River County Purchasing Division y 1800 27t'' Street ,r Vero Beach , FL 32960dd, Phone (772) 2264416 Fax (772 ) 770-5140 LOR1�A ADDENDUM NO , 1 Date : April 16 , 2012 Project Name : Miscellaneous Drainage Culvert Replacement BID NO . 2012037 PROJECT NO . 1142 Bid Opening Date : Wednesday, April 25 , 2012 at 2 : 00 p . m . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify , correct , or change the Bidding Requirements of the Contract Documents . Therefore , it hereby supersedes anything to the contrary in the Bidding Requirements or Contract Documents , This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . All Bids must be received by the Purchasing Division office located at 1800 27th Street , Vero Beach , FL 32960 prior to the date and time shown above . Late bids will be returned unopened . Addenda may be issued to clarify, correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . PLEASE NOTE THAT ANY FURTHER QUESTIONS RECEIVED PRIOR TO THE DATE OF OPENING BIDS WILL NOT BE ANSWERED . The subject addendum was generated from questions/clarifications raised by plan holders : Q1 . Project 1142A : The water mains are shown on the plan but are not shown in the profile . How deep are the mains? Please clarify . Al . The profile was created to only indicate the proposed drainage pipe. The proposed improvement is replacing the existing CMP along the west side of 7t" Avenue SW. It will be the responsibility of the contractor to locate the existing pipe and keep the existing water main in service. If the watermain is in conflict IRC Utilities will address the issue during construction . Page I of 4 F: I Public Worksl ENGINEERING DIVISION PROJECTS11142-Misc Culvert ReplacementslAdmimlbid documentslAddendumslAddendum No. 1 0442- 12. doc Mm Q2 . Excavation and Embankment is shown in all Projects on the bid schedule is there a need for these items ? Please clarify . A2 . Yes. Our interpretation of the FDOT speciflication 430- 12 (Basis of Payment), will only cover excavation if existing pipe is removed and replaced with new pipe approximately at the same location. The proposed culvert work entails work beyond the limits of the existing culvert and also some canal excavation. A contractor can elect to price excavation under clearing and grubbing and embankment under the contract unit price for pipe culvert. Please note that no additional payments will be made for excavation/embankment for the proposed work within the limits of the project if the contractor elects to price excavation/embankment under clearing and grubbing and the contract unit price for pipe culvert respectively, Q3 . Project 11426 - There is a water main shown on the plans and in the profile . Is this going to conflict with the culvert installation ? Please clarify . A3 . According to the pot hole information the existing 6-inch water main is above the existing 48-inch CMP. Per cross-section A - 1 on Sheet 7 of 9 we do not anticipate any conflicts. Please note that the contractor is to support the existing water main during culvert installation. Q4 . Project 1142C , D- There is an aerial water main crossing at this culvert replacement . Based on the existing elevations it appears that the water main will be out of the ground / Pavement . Please clarify . A4 . Indian River County Utilities Department will address the water main adjustment during construction. Q5 . All Headwall installation locations — How far back on each side of the headwalls do you want to re-grade the existing swale to transition to the new invert elevation ? Is this area to be sodded ? A5 . The toe of the canal will have to be graded 50-feet to the west and east of the proposed headwalls in all three culvert installation projects (1142B-D) since the new inverts are lower than the existing canal bottom. The area to be re- graded will not be required to be sodded. Q6 . It appears that all areas to be sodded ( Performance Turf) are under stated . Please clarify . A6 . The quantities for Performance Turf-Sod (Bahia) pay item 570= 1 =2 have been changed in the revised Itemized Bid Schedule for Projects 1142B, 1142C and 1142D. Q7 . Is there a soils report for the project? If so can it be provided ? Page 2 of 4 F:IPublic WorkMENGINEERING DIVISION PROJECTS11142-Misc Culvert ReplacementslAdmimlbid documentslAddendumslAddendum No. 1 04421 12. doc A7 . No, IRC did not perform any soil borings for the design phase. The insitu soil above the existing culvert can be used as backfill material, but any soil excavated from the canal bottom will not be used as backfill material. Q8 . Project 1142B — This project has an item ( P- 1 ) Temporary By- Pass Pump 15000 GPM . Will Project No . 1142C , & 1142D be required to have a by- pass pump ? If so it needs to be added to the bid form for those projects . A8 . The contractor is allowed to have only one road closed at a time, which means they cannot work on 11426, 1142C and 1142D at the same time, but the contractor is allowed to work on 1142A or 1142E while working on the culvert replacements (11426, 1142C and 1142D) . Also, attached with the subject addendum is the MOT (detour) plan that will be required by Indian River County Traffic Division during the construction of the culverts. Attachments . Maintenance of Traffic Plan Exhibit for 11428 , 1142C and 1142D Revised Itemized Bid Schedule Dated April 16 , 2012 Plan Sheet 6 of 9 for projects 1142B , 1142C and 1142D Page 3 of 4 FAPublic Public Worksl ENGINEERING DIVISION PROJECTSI 1142-Misc Culvert ReplacementslAdmim l bid docum entslAddendumslAddendum No. 1 0442- 12. doc * * * * * * This Addendum MUST be Com ned with our Bid * � * *eeand retur ADDENDUM NO . 1 is submitted by , Arjuna W , P. E . , Project Engineer Jerry s , P cha ng Manager Company Name w� u�L1 >'L �' t kt ? �G1_C_ . Name : ILA b S Title : / I c7 e S t— ed (Type / Printed) Authorized Signature * Date : Telephone : �� ; q — '7 � 1 Fax : / 7 ,.2 — 56 y - It Page 4 of 4 F: Wublic WorkAENGINEERING DIVISIONPROJECTS11142-Mist Culvert ReplacementsL4dmimlbid documentsl4ddendumsL4ddendum No. 1 04-12- IZdoc l,) V111V1/ Vl' l VVI V l I L V/ Yl1Yl1 � J1 VI VL' IBJ VER c o Z Z I=q *FLORIDA May 8 , 2012 Timothy Rose Contracting , Inc . Attn : Mr. Timothy Rose 1360 SW Old Dixie Hwy , Suite 106 Vero Beach , FL 32962 NOTICE OF AWARD Reference : Indian River County Bid No. 2012037 Miscellaneous Drainage Culvert Replacements Dear Mr . Rose : I am pleased to inform you that on May 8 , 2012 , the Board of County Commissioners awarded the above - referenced project to your company . In accordance with section 255 . 05 ( 1 )(a) , Florida Statutes , you are required to execute a Public Construction Bond for the above referenced project . The following documents are required before the applicable County department can issue a "Notice to Proceed " letter : 1 . Public Construction Bond in the amount of 100 % of the contract amount . ($380 , 594 . 95) . 2 . Certificate of Insurance , must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 3 . Two Signed Copies of Enclosed Agreement . Please execute both copies of the enclosed Agreement and return them together with the required Bond and Certificate of Insurance to this office at the address provided below no later than May 23 , 2012 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . Thank you for your prompt attention and if you have any questions , please do not hesitate to contact this office . Sicerely , erry Davis , Purchasing Manager cc: Michael D. Nixon, P. E. , Roadway Production Manager, Engineering Office of Management and Budget • Purchasing Division 1800 27 'h Street , Vero Beach , Florida 329609(772 ) 226- 1416 • Fax : (772 ) 770-5140 E- mail : purchasingna ircgov . com SECTION 00520 - Agreement ( Public Works ) THIS AGREEMENT is by and between INDIAN RIVER COUNTY , a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER ) and % It � u C - oh {� Q � �. . ( hereinafter called CONTRACTOR) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 - WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents . The Work is generally described as follows : The project consists of replacing failed culverts and storm drainage pipes at the following (5) five locations : 74h Avenue SW south of 17th Lane SW, 15th Avenue & 8tn Street, 13th Avenue & 8th Street, 11th Avenue & 4th Street and 25`h Street SW and 17th Avenue SW. Also included in this project will be incidentals such as pavement replacement, signing and marking, landscape, curb and gutter. 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 : Miscellaneous Drainage Culvert Replacements County Project Number : 1142 Project Address : Indian River County , Florida 7th Avenue SW south of 17th Lane SW 15th Avenue & 8th Street 13th Avenue & 8th Street 11th Avenue & 4th Street 25th Street SW & 17th Avenue SW ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER ' s representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ARTICLE 4 - CONTRACT TIMES 4 . 01 Time of the Essence A . All time limits for Milestones , if any , Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520 - Agreement (Public Works) REV 04-07 (2 ) 00520 - 2 C ' \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07 (2 ). doc A . The Work will be substantially completed on or before the 901h day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions , and completed and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 120th day after the date when the Contract Times commence to run . B . The Work will be fully completed ( Final Completion ) and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 120th 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 $ 566 . 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 $ 566 . 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 . B , below : A . For all Work , at the prices stated in CONTRACTOR ' s Bid , attached hereto as an exhibit . B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : : ¢S Numerical Amount : $ 754L, S 1 Y Written Amount : 7`7 V9C hv., 0�— ea%�f2 , ARTICLE 6 - PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments 00520 - Agreement ( Public Works) REV 04-07 (2) 00520 - 3 C : \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LXB\00520 - Agreement (Public Works) REV 04-07 (2) . doc A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents , 6 . 02 Progress Payments. A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50 % ) completion of the work . After fifty percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent ( 5 % ) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 (8 ) ( b) , fifty percent ( 50 % ) completion means the point at which the County as OWNER has expended fifty percent ( 50 % ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents , 6 . 03 Pay Requests, A . Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR ' S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor , services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c) ( 2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 6 . 04 Paragraphs 6 . 02 and 6 . 03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 00520 - Agreement ( Public Works) REV 04-07 (2) 00520 - 4 C \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8\00520 - Agreement ( Public Works) REV 04-07 (2 ). doc 6 . 05 Acceptance of Final Payment as Release . A . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however, final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond , ARTICLE 7 = INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions to the Construction Contract , ARTICLE 8 - CONTRACTOR ' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A . CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents , B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost , progress , and performance of the Work . D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site ( except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions and ( 2 ) reports and drawings of a Hazardous Environmental Condition , if any , at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions ( surface , subsurface , and Underground Facilities) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any , expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the 00520 - Agreement (Public Works) REV 04-07 (2) 00520 - 5 C \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8\00520 - Agreement (Public Works) REV 04-07 (2 ). doc Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents , G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents , I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 9 - CONTRACT DOCUMENTS 9 . 01 Contents A . The Contract Documents consist of the following : 1 . This Agreement ( pages 00520- 1 to 0052-9 , inclusive ) ; 2 . Notice to Proceed ( page 00550- 1 ) 3 , Public Construction Bond ( pages 0061 - 1 to 00610-3 , inclusive ) ; 4 . General Conditions ( pages 00700- 1 to 0070042 , 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 the following : 1142A sheets numbered 1 through 13 , 1142B sheets numbered 1 through 9 , 1142C sheets numbered 1 through 9 , 1142D sheets numbered 1 through 9 , 1142E sheets numbered 1 through 6 inclusive , with each sheet bearing the following general title : Culvert Replacement ; 8 . Addenda ( numbers to inclusive) ; 9 . Appendices to this Agreement (enumerated as follows ) : Appendix A — Permits Appendix B — Maintenance of Traffic Plan 10 , CONTRACTOR ' S BID ( pages 00310- 1 to 00310-9 , inclusive) 11 . Bid Bond ( pages 00430- 1 to 004304 , inclusive) , 12 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 00452 - 1 to 00452 -2 , inclusive ) 00520 - Agreement ( Public Works) REV 04-07 (2) 00520 - 6 C .\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX8\00520 - Agreement ( Public Works) REV 04-07 (2). doc 13 . Sworn Statement Under the Florida Trench Safety Act ( pages 00454- 1 to 00454 -2 , inclusive ) 14 . Qualifications Questionnaire ( page 00456- 1 to 004564 , inclusive) , 15 . List of Subcontractors ( page 00458- 1 inclusive) . 16 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a ) Written Amendments ; b ) Work Change Directives ; c) Change Order(s ) . 17 . Contractor' s Final Certificate of the Work ( page 00632 — 1 & 2 of the Specifications ) ARTICLE 10 - MISCELLANEOUS 10 . 01 Terms A . Terms used in this Agreement will have the meanings indicated in the General Conditions . 10 . 02 Assignment of Contract A . No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment , no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents , 10 . 03 Successors and Assigns A . OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . 10 . 04 Severability A . Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 00520 - Agreement ( Public Works) REV 04-07 (2) 00520 - 7 C \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook\24026LX6\00520 - Agreement (Public Works) REV 04-07 (2). doc 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 . [This page was left blank intentionally] 00520 - Agreement ( Public Works) REV 04-07 (2) 00520 - 8 C .\Documents and SettingslmmclaughlinlLocal Settings\Temporary Internet Files\Content. Outlook\24026LX8100520 - Agreement (Public Works) REV 04-07 (2).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 N20.a (the date the Contract is approved by the Indian River County Board of Coun Commissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR . INDIAN RIVER COUNTY i�, Q � i c�o ot 1 rete f V C By . i• � .• B* y�* y f Gary C . eeler, Chairman ( Contractor) a CODe By : ' _ * ; :o ( CORPORATE SEAL) l0 seph A . Baird , County AdministraAr •. 4owe �+ '•.;pyo ; �`•��'�N R NER APPROVED AS TO FORM AND LEGAL SUFFICIENCY . i By � (4 for giving notices :� Alan S . Polackwich , Sr. , County Attorney Address� t tie k Oko Jeffrey K . Barton , Clerk of Court 6 Q Z L yL -3 Zc, Q9 0: L 01 License No . S _� a q SIO Attest (Where applicable ) Deputy Clerk ( SEAL) Agent for service of process : s Designated Representative : Name : Christopher J . Kafer Jr. , P . E . Designated Representative : Title : County Engineer Name : 1801 27th Street Title : Vero Beach , Florida 32960 Address : ( 772 ) 226- 1221 Facsimile : ( 772 ) 778-9391 Phone : Facsimile : ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) * * END OF SECTION * * 00520 - Agreement ( Public Works) REV 04-07 (2) 00520 - 9 C . \Documents and Settmgslmmclaughlin\Local Settings\Temporary Internet Files\Content. Outlook124026LX8100520 - Agreement ( Public Works) REV 04-07 (2). doc SECTION 00550 - Notice to Proceed [Certified Mail -- Return Receipt Requested ] Dated TO : (BIDDER)BIDDER) Contract For: Miscellaneous Drainage Culvert Replacements IRC Project No : 1142 IRC Bid No . 2012037 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 90 days for Substantial Completion of this project and 120 days for Final Completion . In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . Also , before you may start any Work at the Site , you must : (add other requirements , if applicable) INDIAN RIVER COUNTY (OWNER) By : (AUTHORIZED SIGNATURE ) (TITLE) 00550 - Notice to Proceed REV 1 -4- 11 . doc 00550 - 1 F: \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00550 - Notice to Proceed REV 1 -4-11 . doc Rev. 05/01 00610 - PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla . Stat . 255 . 05 ( 1 ) (a ) , and be substantially in the format shown on the first page following this instruction . The Public Construction Bond shall be in the form suggested by Fla . Stat . 255 . 05 ( 3 ) as shown on the second page following this instruction . A Power of Attorney from a surety insurer authorized to do business in Florida , authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond . 00610 - 1 00610 - Public Construction Bond . doc F : \PublicWorks\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00610 - Public Construction Bond . doc 2210785 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 2575 PG : 591 . Pdgel of 3 05 / 14/2012 dt 02 : 42 PM , Public Work F . S. Chapter 255.05 (1 ) (a) JEFFREY K BARTON , CLERK OF Cover Page COURT THIS BOND IS GIVEN TO COMPLY WITH 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 LIMITA11ON PROVISIONS IN SECTION 2SS.05(2) OR SECTION 713,23 FLORIDA STATUTES. BOND NO: 47921 7 P CONTRACTOR NAME: Timothy Rose Contracting , Inc . CONTRACTORAunRESS: 1360 SW Old Dixie Hwy , Vero Beach , FL 32962 CONTRACTOR PIIONE NO: 772 - 564 - 780. 0 SUR13TYCOMPANY NAME: Developers Surety and Indemnity Com any SURETY PRINCIPAL 100 Second Avenue South , Ste 7045 BUSINESSADDRESS: St . Petersburg , FL 33701 SURETY PHONE NO: 727 - 822 - 5610 OWNER NAME: _ Indian River County OWNER ADDRESS: 1801 27 Street Vero Beach , FL 32962 OWNER PHONE NO* 772 - 226 - 1416 _ OBLIGEE NAME: (If tootmeting entity Is diffeml: from the owner, the contracting public entity) OBLIGEE AT)DRESSt s- OSLIGEE PHONE NO: FOND AMOUNTt $ 3 8 0 , 5 9 4 . 9 5 CONTRACT NO: 2012037 +- ' 0fappunbW nBSCRr171ON OF WORK: Miscellaneous Drainage Culvert Replacements x PII0) EC11LOCATION: Vero Beach , FL .. LEGAL DESCRIPTION: �i`: (If applicablel >; FRONT PAGE All other bond page(s) are daeuied ibli tfluent to this lmKe trx ramm orany lake somber(s) 16al may be pridted lhereaL 00610 . 2 ' 00610 a Public Construction Bond.doC h F:1Public WorksIENGINEERING DIVISION PROJECTS11142-Mise Culvert ReplacementsAdmim bld docurnentst00810 • Public r Construction Sond.doa PUBLIC CONSTRUCTION BOND Bond No . 479217P (enter bond number) BY THIS BOND , We Timothy Rose Contracting , Incas Principal and Developers Suretv & Indemnit cQa corporation , as Surety, are bound tolndian River County herein called Owner, in the sum of $ 3 8 0 , 5 9 4 . 9 5 , for payment of which we bind ourselves , our heirs , personal representatives, successors , and assigns , jointly and severally. THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated , 2A ► Z , between Principal and owner for construction of Miscellaneous D ai. nage Culvert Rep 1ace *heiContract 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 N 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 limitation provisions In Section 255 . 05 (2) , Florida Stat , y Any changes in or under the contract documents and compliance or nonIiianc _ ^ . r- with any formalities connected with the contract or the changes does not afY .ii0s#y�g obligation under this bond . '{, ,y, o-` f ' ? ' • � ' f ''� DATED ON May 9 . 2012 wr , a,ez�� •t - Timothy Rose ContraL. ff. '4'� �. �. Name of Prin � K >` .���"((( rn . By t IF Timothy Rose P w . erntc, velopers urety and Inde , me of Sure a ` 1 r s ; Robert Barra Attorney '% , ac , rr . ? ' 00610 3 00610 - Public Construction Bond.doc FVublic workMENGINEERING ONISION PR0JECTS11142-M1sc Culvort Ropl000monts%Mmimkbid docunlents10000 - Public Construction Bond doe q_�r, 479217P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited , DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: "' Robert Barra "' as its true and lawful Attomey(s)ArrFaa to make, execute, deliver and aclax edge , for and on behalf of said corporation, as surely, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)An-Fad 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 Attcormy(sWaclI pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by audwrity of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1 st, 2008 . RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice-President, Senior Vice-President or Vice-President of the corpo- ration be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behaB of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be , and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED , FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsirn ile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January 1st, 2008. \ / • 615 „1• By. Daniel Young, Vice-President JQ11%weelie ovate y •rj ASF a �-�- uusi ; OOT. � ? By: ca : o = Stephen T Pate, Senior Vce-President > :01936 :a = State of California * ,o•"� County of Orange On January 31 , 2011 before me, Anbio Alvarado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/ hey executed the same in hislherttheir authorized ANTONIO ALVARADO capaaty(nes), and that by hist herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument COMM. • 1880643 1 NOMW PUBLIC CALIFORNIA S I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct amy comm. expbw Aug. 8, 2013 WITNESS my hand and official seal Place Notary Seal Above Signature __ Antonio Alvarado, Notary Public c yl a :� h . A f , RP 5 z ' . " ' aJill "G CERTIFICATE \t "" '`}" 'h ; ell The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the •P. , t ;„f remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set fprgh o lk a�gBf�Bf� ' force as of the date of this Certificate. t • : t r .r h This Certificate is executed in the City of Irvine, California, this 9 day of May 2 01 2v ” ° , �c e v 'By: 01 regg Oku stent Secretary ID- 1438(Rev.01 /11 ) ;a From . Sarah FaXID . STUINS- FAX01 Page 1 of 1 Date : 5/ 102012 10 : 22 AM Page -1 of 1 ACORL7 ' I ID : SB �- CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYYY) 05/10/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER , THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERi AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER , IMPORTANT: If the certlflcate holder Is an ADDITIONAL INSURED, the pollcy( lesy must be endorsed . If SUBROGATION IS WAIVED, subject to certificate holder In lieu of such endorsemenfls % the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlflcaIt does not confer rights to the PRODUCER 772 -286-4334 Stuart Insurance , Inc, 772w2864334 3070 S W Mapp 772 -286 -9389 PHONE : FAX Palm City, FL 34990 EMAIL AIC No) : Rick Halcomb , CIC , ARM AD011 CUSTOMER ID / : TIMOR- 1 INSURED INSURER S AFFORDING COVERAGE NAIC 1 Timothy Rose INSURER A : Westfield Insurance Contracting , Inc . 24112 1360 Old Dixie Hwy SW INSURER 8 : Vero Beach , FL 32962 INSURER C : INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . TRIM LTR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY MMIDDIYYYY) JMMIDDIYYYYI LIMITS A dXA COMMERCIAL GENERAL LIABILITY X CMM6079889 06/06/11 06/06/12 EACH OCCURRENCE $ 1 , 000, QQPREMISESEaoocccurrence $ 100, 00CLAIMSMADE OCCUR MED EXP ( Any one person ) $ 5, 00Contractual Liab PERSONAL 8 ADV INJURY $ 1 , 000, 00Incl XCU GENERAL AGGREGATE $ 21000100 GEN'L AGGREGATE LIMIT APPLIES PER PRO- PRODUCTS - COMP/OP AGG $ 21000, 00 POLICY X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000, 00 A X ANY AUTO CMM6079889 06/06/11 06/06/12 ( Ea accident) ALL OWNED AUTOS BODILY INJURY ( Per person ) $ SCHEDULED AUTOS BODILY INJURY ( Per accident ) $ X HIRED AUTOS PROPERTY DAMAGE $ ( Per accident ) X NON- OWNEDAUTOS $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3 , 000, 00 EXCESS LIAB CLAIMS - MADE AGGREGATE— $ 31000, 00A CMM6079889 06/06/11 06 /06/1200 DEDUCTIBLE 5 RETENTION $ WORKERS COMPENSATION $ i/PW' C STATU - 0TH . I AND EMPLOYERS' LIABILITY YIN TORY LIMITS CT ANY PROPRIETORARTNERIEXECUTIVE g OFFICERIMEMBER EXCLUDED N f A ' E L EACH ACCIDENT ( Mandatory In NH) ----I- If yes , describe under j E L DISEASE - EA EMPLOYEE ' $ DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT I $ A ontractors Equip CMM6079889 I 06! 06111 06!06112 Rented 50,00 Equipment $ 1000 de DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, it more space Is required) Grading of Land/ Site Prep - State of Florida REF : Misc . Drainage Culvert Replacements ' Certificate holder is Additional Insured with respect to General Liability CERTIFICATE HOLDER CANCELLATION INDRC-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS, 772-770 -5333 1801 27th St AUTHORIZED REPRESENTATIVE Vero Beach , FL 32960 O 1988-2009 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2009 /09) The ACORD name and logo are registered marks of ACORD .I��L7 DAVE (MY/ptYYVYV) 1 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, TWS 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 H C-ERTIFICATEH IMPORTANT : H the cerficate holder Is an ADDITIONAL INSURED, the policy(fes) 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 riot confar rights to the certhleate holder in lieu of such endorsemen(s ) . PRODuceR orr+,�, w^e Bighpoint R1Ak servic9e :.LC raeNewo. no. nm 1WO172a-Ixty r^rO� D (Y2) 40"3O 5 ' 10 :- H Freeway , Suite 120C .aA< Aaeaee{I Dallas , TX 75290 XVUREAS OFORDNO RAOE NAICa INSURE !k comarien property end c+. unity rn. uce ^ ee - wRURED p pS i ' c ' : : INSURER B. INSURER C � INSURER 1). INSURER E: PE - d _ ,l1 Fnr. INSURER F * COVERAGES CERTIFICATE NUMBER : AC12 - 18900165 - 1 ' i5657 REVISION NUMBER : THIS 16 TC CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THF. INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED I ANDWG ANY REOUIREMENT , TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EF ISSJEO OR MAY PERTA N THE INSURANCE AFFORDED BY THE POLICIES UESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIF, S . LIMITS SHOWN SR Type OF INSURANCE IWC Uw POLICY NUMBI!R E F POLICY L(WrS GENERALLIABI ; ITY EACNOCCURRENCE S �t'u ^:nN.tEQC'AI. GENERA , LIA8IUT' FMAIdle � barrr�o� � f CuIuS wcr t--J rW,CUR El MED EXP (Any one pNwn) S L—J LJ PERSONAL C. ADV INL URY f GENERAL AOOREGATE GENL A j EaATE LIIXT APOLIE6 PER PRODUCTS • COMPIOP AGG S poo! 'i JECT F1 LOC S AJTON OBILE LIABILITY COMBINED SINGLE UM(T ANY AUTO (FJ Roddam) = . �.._ L C' ANEO A14MOS (� ❑ BODILY INJURY (Par ) f a^, HEDJLEr AUTOS �J BODILY INURY tPer f FRED AUTOS PROPERTY DAMAGE S NDN-OWNED ALrtGS IPar kcdantl f UMBR£I.LA Ll4B G�.IMS-unDE EACH OCCURRENCE f E%cE96LPe OCCUR ❑ ❑ AGGREGATE f DEDuc TIBLE f RE*EN '10N f .�_ ANDS C PE ATl AND EMPLOYPRS' LIABILITY x T j cNY DROPERIET�CR/E,YECUTIvE YIN OPf .GER MEMBER EXCLUDED) N N14 E L. EACH ACCIDENT f .� (Wnd�lory InNNI u OPE0012C99G ; 6a G - / 0i / 2G12 'J � i � ). / < G : 'J N Yaa, dalc•Ilre tinder E. LDISEASE . EgEMPLOYEE S SPECIAL PROV1810N t»lour E. L DISEASE . POLICY LIM(T f iC � CC � G 0 DE9CRY0T{pN OF OPE RATID NSA.OGA TIONBWE IMGL EB(A1teaMd ACORD101 , AddM61/M RAMfr1u 9chWule, MTMa a eh M D nqulnd c : ee �. s j' r pyo } �e� '- re3 _ n effec ro• ' ded h C ' len s cCOtnt is r ar, Y etq Q or4ty IydL np � g >z OOd sCaandir. �7 w � CT2 � . em 0 geC3 OF Y � � eDS d O TI �1C"' HYIR 9E � �11' ItA YI + TNC . wAP L . PP : e �r.SU . ed i aY _ draaed w ers C ec ' v plo _ ees ease Lr. on ompEnsation s mpl0yers f1aizty a4 a co - er.nfDye ur. rier CERTIFICATE HOLDER CANCELLATION 6HOULD ANY OF THE ABOVE DESCRIBE70ELN�EREU LED BEFORE THF EXPIRATION DATE THEREOF, NOTICE WCCORDANCE vvlr.N THEPOLICY PROVISIONS . A17TNOR12ED REPRrICSeeATTVP ACURD 25 (2010106) - - (P1988-2010 ACORD CORPORATION . All right rugerved SECTION 00622 - Contractor's Application for Payment MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS For Work Accom lished through the period of Application for Payment No . throu h To : Indian River County (OWNER) From : (CONTRACTOR) Bid No : 2012037 Project No : 1142 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or 3 . Current Contract Price ( 1 plus 2 ) : 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : of completed Work : $ of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7 ) : $ CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; (2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , below ; (3 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance) ; (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective ; and (5 ) If this Periodic Estimate is for a Final Payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , ( Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Attached to or submitted with this form are : 1 . Signed release of lien forms ( partial or final as applicable ) from all subcontractors , laborers , materialmen and suppliers except as listed on Attachment A , together with an explanation as to why any release of lien form is not included ; 00622 - Contractor's Application for Payment - 03- 10 rev. doc 00622 - 1 05/01 F :\Public WorksIENGINEERING DIVISION PROJECTS11142-Misc Culvert Replacements\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev. doc Rev. Page 2 of 6 2 . Updated Construction Schedule per Specification Section 01310 , and Dated By : (CONTRACTOR — must be signed by an Officer of the Corporation ) STATE OF FLORIDA Print Name and Title COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared who being by me first duly sworn upon oath , says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it , and that he/she executed the above Contractor' s Application for Payment and Contractor' s Certification statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct , and complete . Subscribed and sworn to before me this day of 20 is personally known to me or has produced as identification . NOTARY PUBLIC : (SEAL) Printed name : Commission No . : Commission Expiration : [The remainder of this page was left blank intentionally] 00622 - 2 00622 - Contractor's Application for Payment - 03- 10 rev. doc F1Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00622 - Contractor's Application for Payment - 03-10 rev. doc Rev. 05/01 Page 3of6 SURETY ' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , corporation , in accordance with Public Construction Bond Numbera hereb consents to payment by the OWNER to the CONTRACTOR , for the amounts specified my this CONTRACTOR ' s APPLICATION FOR PAYMENT , TO BE EXECUTED BY CORPORATE SURETY: Attest : Secretary Corporate Surety Business Address BY : Print Name : Title : STATE OF FLORIDA (Affix Corporate SEAL) COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared to me well known or who produced as identification , who being by me first duly sworn upon oath , says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment . Subscribed and sworn to before me this day of 20 Notary Public , State of My Commission Expires : [The remainder of this page was left blank intentionally] 00622 - Contractor' s Application for Payment - 03- 10 rev. doc 00622 . 3 F: 1Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00622 - Contractor' 05/01 s Application for Payment - 03- 10 rev doc Rev. Page 4 of 6 CERTIFICATION OF ENGINEER : 1 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\1142-Misc Culvert Replacements\Admim\bid documents\00622 - Contractor's Application for Payment - 03-10 rev. doc Rev 05/01 Page 5 of 6 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release of lien form ( partial or final as applicable ) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary) : 00622 - Contractor's Application for Payment - 03- 10 rev . doc 00622 - 5 F: \Public WorksIENGINEERING DIVISION PROJECTS11142-Misc Culvert Replacements\Admim\bid documents\00622 - Contractor's Application for Payment - 03- 10 rev. doc Rev. 05/01 J O „ o 0 0 0 0 0 0 O FINE 0AAAC O O O O C O FOOD A- O ' d9 Ef3 69 Vi Y3 69 W 2 L U U) O Z Z } " AAA J LLAAA O Z „ , k m Q ^ O W rip pi ; q C7 U a Hz a AAAw a- 0) a Q a J p -R. a w 4A L i2 cc 0 W O o U U to ”FEWo Z 11 Nn d q c c " I " AA AAAN w W U A AAA A F FO a N FTF1Met Ile C q q H O H p J " a O Alu iO z W V¢ F— W o f o 'AAA g F d d C4 w w O j'A O wa o w �' CHC c J I- o w GL' W o F- d z 41 a " a O H w 0. 0 U U O d U } .�.1 W yaj a Fmi ~- .r.111� �- A , 11 E. Q E,,, Q U W q 't3 O~ Z z CLO z z ;O H H ? le W F, w Q d 0. � O "dd A CC W J .a d Q o -'s Q FINEAAAui 0 C7 O N Q • ZA , Az NOISOMENESS4J Z a , ; ' E Q C: to - ,s," V O .O • = Z le ro G Z a c` a Vf U ,U N cy Q .:. O O ow i a gZ v 0 or v U) a Ill0 H F-- s . . U AAA U >, O Q en _N m g a a I- c.l as z a aA A A,&LU " .1 a ar N Z IMOMMOM c U �- w w o " ' o o O O j a „ F: o o a CL w 11 Z CL JAll V J 0 AAA A LU a o a > 0 _ ~ " o � cnAAA, 111� N ~ v Z z E rLLJ 11 N Ill X ry - J ^ Z LLJ a i �-+ Vd"" - ID IIJ Z v w CAAA V "e A L O L J N Q F U c I- o Z a o. jyjA o zInom m U OLos A Z � rip p 00 LLQ c7 do . " Z PAGE 00622-6 SECTION 00630 = Certificate of Substantial Completion Date of Issuance : 20 OWNER : Indian River County CONTRACTOR : Project : Miscellaneous Drainage Culvert Replacements Bid No . 2012037 ENGINEER ' s Project No , 1142 CONTRACT FOR : Miscellaneous Drainage Culvert Replacements This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To * OWNER And To * CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 days of the above date of Substantial Completion . 00630 - 1 00630 - Certificate of Substantial Completion REV 04-07 . doc F:\Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00630 - Certificate of Substantial Completion REV 04-07. doc The responsibilities between OWNER and CONTRACTOR for security , operation , safety , maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows : OWNER : CONTRACTOR : The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR ' s obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on : ( Date) . ENGINEER : By : (Authorized Signature ) CONTRACTOR accepts this Certificate of Substantial Completion on (date) . CONTRACTOR : By : (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date ) . OWNER : INDIAN RIVER COUNTY By : (Authorized Signature ) * * END OF SECTION 00630 - 2 00630 - Certificate of Substantial Completion REV 04-07 . doc PiPublic Works\ENGINEERING DIVISION PROJECTS11142-Misc Culvert Replacements\Admim\bid documents100630 - Certificate of Substantial Completion REV 04-07 . doc SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT) PROJECT NAME : MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS IRC PROJECT NO : 1142 STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 20 enter into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents , 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents , 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents , 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632 - 1 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00632 - Contractor$s Final Certification REV 04 -07. doc 5 . The Work is complete and ready for final acceptance by the OWNER . 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . (Corporate Seal ) (Contractor) By : Subscribed and sworn to before me this _ day of 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632 -2 F1Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00632 - Contractor's Final Certification REV 04-07 . doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER ' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by : ( Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project : PROJECT NAME : Miscellaneous Drainage Culvert Replacements INDIAN RIVER COUNTY PROJECT # 1142 1 FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below. [Attach additional sheets as necessary] ( SURVEYOR ' S SEAL) CERTIFIED BY : Printed Name : Florida Professional Surveyor and Mapper Registration Number : Date Signed and Sealed by Professional Surveyor and Mapper: Company Name : Company Address : Telephone Number: 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07 . doc 00634 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07.doc Rev. 06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright © 1996 National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N . W. , Washington , DC 20005 American Society of Civil Engineers 345 East 47th Street, New York , NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 02 Terminology, , , , , . " , , , , " " , , , , , a E . Ganum . abl , I a a & 0 & d 0 a a a & a 4 17 erminology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 2 - PRELIMINARY MATTERS . , . , " on 2 . 01 Delivery of Bonds . , " , ' , , ' , ' , , 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . 1111 . . . . . . 1111 . . 2 . 03 Commencement of Contract Times; Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . 04 Starting the Work. . . . 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . 8 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . 01Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 . 01 Availability of Lands , , , . " , , . , I ' Ma . ps smeams VMS * 4 . 02 Subsurface and Physical Conditions , , , , , . , 4 . 03 Differing Subsurface or Physical Conditions. 1 1 1 1 1 1 a a a a a a d a a a a 11 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . . . I I I 1 0 1 1 1 1 1 1 1 1 . 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 02 Licensed Sureties and Insurers111111 . 1114 " , * Ed 664 % 111 . 1 14 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 04 CONTRACTOR 's Liability Insurance . , , . . " , . " " " , as , 14 5 . 05 OWNER 's Liability Insurance . . , , , . , , , , I I appeal , ' . , , , " I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . 5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 09 Acceptance of Bonds and Insurance; Option to Replace , , 1 11 10 , " 1 1 1 1 1 adds . ME & & . planes ' , " I ' ll " , " Is 17 5 . 10 Partial Utilization, Acknowledgment of Property Insurers , , I 1 11 1 " 1 1101 , 111 , 111 , 1101 , 1110DE4 , fam . upsh . 4111 " I 1q , 1111111 I ' ll 18 ARTICLE 6 - CONTRACTOR 'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 02 Labor, Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 05 Substitutes and "Or-Equals ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 00700 - General Conditions REV 04-07 . doe 00700 - 2 F . APublic Works\ENGINEERING DIVISION PROJECTSVI I42-Mist Culvert ReplacementsVAdmimVbid docun entsV00700 - General Conditions REV 04-07_ doc 6 . 08 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6 . 10 Taxes . . . . . . . . . . . . .. . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 14 Safety Representative . . . . . . . . . . . . . . . 22 Memnon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 16 Emergencies. . . . * pd . a noun ' s Magadan ONE * , , " I ' ll , 11 . 1116 a6 . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Shop Drawings and Samp/es. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 18 Continuing the Work, . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 19 CONTRACTOR 's General Warranty and Guarantee . , , , , , , , , , , , Named , no , I on noun I " Imosumb moss Munson , " 111401124 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE 7 - OTHER WORK , . , , , , , . , , , . , I la . muss ' Donaldson " I , . , , 111011 ' s a sued 101 , . , a Samoan . Ina a 0111 . 0125 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE 8 - OWNER 'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 01 Communications to Contractor . . . . . . . a ' 41 , 111 , 11 . 1 1 buffisaM26 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . 05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 . 08 Inspections, Tests, and Approvals ' . , " , , . , , , " " a aosessomps dam V111111114111 Imemom . mobb , MEN . . . . . . . . . . . . . . . . 26 8 . 09 Limitations on OWNER 's Responsibilities . . . . 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 11 Evidence of Financial Arrangements . , , , , , , , , , . , ARTICLE 9 No, ENGINEER ' S STATUS DURING CONSTRUCTION , , . , , " . . " , " , . . . . . . . . . . . . . . . a u V 6 a a q . I a p a q , & a . . . . . . " . . 27 9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 04 Clarifications and Interpretations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . 05 Authorized Variations in Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 . 06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 01 Authorized Changes in the Work , , , , . , , III . . . . . . . . . . . . . . . 29 10 . 02 Unauthorized Changes in the Work , 4 1 1 1 1 1 . I I I I I I I I I I 1 1 4 . I I I I I I I I I I W I I I I I I I I I I I I I I I I I I I I I I I I I I I . . . . . . 4 . . . . . . . . 29 10 . 03 Execution of Change Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 . 04 Notification to Surety " , , , , " " , , , , " I ' llumomb . 0 PD . . . . . . . . . . . . . . . 29 10 . 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 11 - COST OF THE WORK ; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 11 . 01 Cost of the Work" . . I Sam Do * * & . Imam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 11 . 02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 00700 - General Conditions REV 04-07 . doc 00700 - 3 F:APublic Works\ENGINEERING DIVISION PROJECTSV ] 142- Misc Culvert Replacements\AdmimVbid documentsV00700 - General Conditions REV 04-07 . doc 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . 12 . 03 Delays Beyond CONTRACTOR 's Control. , . , , , . , , , . , , mass WOMEN a me d . fampme - mass 11 , 41 . 111 , 00F 12 . 04 Delays Within CONTRACTOR 's Controls . . . . . . , . . . . . . . . . . a . . . * Gomm * poommull " 110 " I ' ll . , Iacocca 11 11 pamwmm . pm 12 . 06 Delay Damages . , 1 1 4 1 1 1 . I I I I I I I I I a a 4 a a a a a a a 6 a a a I I I 1 0 1 1 a I I I 1 1 4 1 0 a 0 a a a a a a a a a a a a I I I I I I I I I I I I I I 1 0 a a 0 1 a a 0 a 0 a a a a a I I I . I I I I I I . I I I I a a I am a a a a a 0 a 0 4 a 4 . . . . 34 amages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . , , , , . 111411 ' embs * ME mammmemps , a mass & man 11 . 111 . 1134 ORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 01 Notice of Defects . . " , . , , , , , , , 11II . Mbb * & & m bE444 ME message DOWNS * ma ' ml . w % m . w * Ego . . . 34 efects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 03 Tests and Inspections , . , , , , , , , , . . . . . . . . . . . . . . . . a a 1 4 a a a a a a a a a a . . . . . . . . . . . . . . . 34 nspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 07 Correction Period . . . 01 . 11 . . . . . . 35 call 13 . 08 Acceptance of Defective Work, . , , , , Success . . . on a 1111 . 36 13 . 09 OWNER May Correct Defective Work. . , , , 1 , 1 11 " , ' , won 6 at " I " P111111136 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 14 . 02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION , ' , , . . , 11 . 1 " Ilqomo . . Gma a . famaloll , on 11 " a , , , . . . . . . . . . . . . . . . a . a a a a . r a a a a P a a . . . . . . 40 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 15 . 03 OWNER May Terminate For Convenience . " , ' , , ' , , . , , , ban " ' * . . . . . . . . . . . . a a a 0 a a a . a a a a a 0 a . . . . . . . . . 41 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 ARTICLE16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 16 . 01 Methods and Procedures . . , 1114111101111 01 , 11 , 11 , 111 , 11 0 . . . . 42 ARTICLE17 we, MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 17 . 01 Giving Notice . , , , , , . . , 111 . PlIm . . mmm sm . plamew . . . . . . . . . . . . . . . 00 . . . . . . . . . . . . . obeffibasoffis Seem I I " , 111114momme4a ammewas . 1111 . 1 11 , 42 17 . 02 Computation of Times . , 14 . 1111 . 11 , 1111 , a as . a Gael , mass all , 1 . 11 , . . . . . . . . . . . U42 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 17 . 04 Survival of Obligations. , " I ' s , message mamuffis " 1111 . 1 11 , 42 17 . 05 Controlling Law. . . 6madam " ' I ' ll 11141111 a I a a a 0 0 a a a a 0 a a a . . . . . . . . 4 . . . . . . I I q I I I I . I I I I I I a a a 0 a a a a . a a a a . 0 142 00700 - 4 00700 - General Conditions REV 04-07 . doe F . APublic Works\ENGINEER ING DIVISION PROJECTSV1142-Misc Culvert Replacements\AdminVbid documentsV00700 - General Conditions REV 04-07. doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment 1 . 01 Defined Terms of Contract Price or Contract Times , or both , or other relief respect A. Wherever used in the Contract Documents demand t or money oor service by a third party the terms ther sct.not a and printed with initial or all capital letters , the terms Claim . listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 11 . Contract--The entire and integrated written agreement between the OWNER and 1 . Addenda--Written or graphic instruments CONTRACTOR concerning the Work . The Contract issued prior to the opening of Bids which clarify , supersedes prior negotiations , representations , or correct, or change the Bidding Requirements or the agreements , whether written or oral . Contract Documents . 12 . Contract Documents—The Contract 2 . Agreement--The written instrument which Documents establish the rights and obligations of the is evidence of the agreement between OWNER and parties and include the Agreement, Addenda (which CONTRACTOR covering the Work . pertain to the Contract Documents) , CONTRACTOR ' s Bid ( including documentation 3 . Application for Payment--The form accompanying the Bid and any post Bid documenta- acceptable to ENGINEER which is to be used by tion submitted prior to the Notice of Award ) when CONTRACTOR during the course of the Work in attached as an exhibit to the Agreement, the Notice to requesting progress or final payments and which is to Proceed , the Bonds , these General Conditions , the be accompanied by such supporting documentation Supplementary Conditions, the Specifications and the as is required by the Contract Documents . Drawings as the same are more specifically identified in the Agreement, together with all Written Amend- 4 . Asbestos--Any material that contains ments , Change Orders , Work Change Directives , more than one percent asbestos and is friable or is Field Orders , and ENGINEER 's written interpretations releasing asbestos fibers into the air above current and clarifications issued on or after the Effective Date action levels established by the United States of the Agreement. Approved Shop Drawings and the Occupational Safety and Health Administration , reports and drawings of subsurface and physical conditions are not Contract Documents . Only printed 5 . Bid--The offer or proposal of a bidder or hard copies of the items listed in this paragraph are submitted on the prescribed form setting forth the Contract Documents . Files in electronic media format prices for the Work to be performed . of text, data , graphics , and the like that may be furnished by OWNER to CONTRACTOR are not 6 . Bidding Documents--The Bidding Contract Documents . Requirements and the proposed Contract Documents ( including all Addenda issued prior to receipt of Bids) . 13 , Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the 7 . Bidding Requirements--The Work in accordance with the Contract Documents as Advertisement or Invitation to Bid , Instructions to stated in the Agreement ( subject to the provisions of Bidders , Bid security form , if any, and the Bid form paragraph 11 . 03 in the case of Unit Price Work) , with any supplements . 14 . Contract Times--The number of days or 8 . Bonds-- Performance and payment the dates stated in the Agreement to : ( i ) achieve bonds and other instruments of security. Substantial Completion ; and ( ii) complete the Work so that it is ready for final payment as evidenced by 9 . Change Order--A document ENGINEER ' s written recommendation of final pay- recommended by ENGINEER which is signed by ment. CONTRACTOR and OWNER and authorizes an addition , deletion , or revision in the Work or an adjust- 15 . CONTRACTOR--The individual or entity ment in the Contract Price or the Contract Times , with whom OWNER has entered into the Agreement. issued on or after the Effective Date of the Agreement. 00700 - General Conditions REV 04 -07 . doc 00700 - 5 F\Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admin\bid documents\00700 - General Conditions REV 04-07 doe 16 . Cost of the Work--See paragraph completion date or time prior to Substantial Comple- 11 . 01 . A for definition . tion of all the Work . 17 . Drawings--That part of the Contract 28 . Notice of Award--The written notice by Documents prepared or approved by ENGINEER OWNER to the apparent successful bidder stating which graphically shows the scope , extent, and that upon timely compliance by the apparent character of the Work to be performed by successful bidder with the conditions precedent listed CONTRACTOR . Shop Drawings and other therein , OWNER will sign and deliver the Agreement. CONTRACTOR submittals are not Drawings as so defined . 29 . Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on 18 . Effective Date of the Agreement--The which the Contract Times will commence to run and date indicated in the Agreement on which it becomes on which CONTRACTOR shall start to perform the effective , but if no such date is indicated , it means the Work under the Contract Documents . date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 30 . OWNER--The individual , entity, public body, or authority with whom CONTRACTOR has 19 . ENGINEER--The individual or entity entered into the Agreement and for whom the Work is named as such in the Agreement, to be performed , n cNGIA -ER C a d id l 31 . Partial Utilization--Use by OWNER of a GF entity having a contract with ENGIN EE rnish substantially completed part of the Work for the pur- services as ENGINEER ' s ind ent professional pose for which it is intended (or a related purpose) associate or consu i respect to the Project prior to Substantial Completion of all the Work , and who n ified as such in the Supplementary 32 . PCBs--Polychlorinated biphenyls . 21 . Field Order--A written order issued by 33 . Petroleum--Petroleum , including crude oil ENGINEER which requires minor changes in the or any fraction thereof which is liquid at standard Work but which does not involve a change in the conditions of temperature and pressure (60 degrees Contract Price or the Contract Times . Fahrenheit and 14 . 7 pounds per square inch absolute) , such as oil , petroleum , fuel oil , oil sludge , 22 . General Requirements--Sections of oil refuse , gasoline , kerosene , and oil mixed with Division 1 of the Specifications . The General other non - Hazardous Waste and crude oils . Requirements pertain to all sections of the Specifica- tions . 34 . Project--The total construction of which the Work to be performed under the Contract 23 . Hazardous Environmental Condition-- Documents may be the whole , or a part as may be The presence at the Site of Asbestos , PCBs , Petro- indicated elsewhere in the Contract Documents . leum , Hazardous Waste , or Radioactive Material in such quantities or circumstances that may present a 35 . Project Manual--The bound documentary substantial danger to persons or property exposed information prepared for bidding and constructing the thereto in connection with the Work . Work . A listing of the contents of the Project Manual , which may be bound in one or more volumes , is 24 . Hazardous Waste--The term Hazardous contained in the table(s) of contents . Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC 36 . Radioactive Material--Source , special Section 6903) as amended from time to time, nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et 25 . Laws and Regulations; Laws or Regulat- seq . ) as amended from time to time . ions--Any and all applicable laws , rules , regulations , ordinances , codes , and orders of any and all govern - 37 . Resident Project Representative--The mental bodies , agencies , authorities , and courts authorized representative of ENGINEER who may be having jurisdiction , assigned to the Site or any part thereof. 26 . Liens--Charges , security interests , or 38 . Samples--Physical examples of encumbrances upon Project funds , real property, or materials , equipment, or workmanship that are personal property, representative of some portion of the Work and which establish the standards by which such portion of the 27 . Milestone--A principal event specified in Work will be judged . the Contract Documents relating to an intermediate 00700 - 6 00700 - General Conditions REV 04-07 . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 39 . Shop Drawings--All drawings , diagrams , quired to be provided under the Contract Documents . illustrations , schedules , and other data or information Work includes and is the result of performing or which are specifically prepared or assembled by or for providing all labor, services , and documentation CONTRACTOR and submitted by CONTRACTOR to necessary to produce such construction , and illustrate some portion of the Work . furnishing , installing , and incorporating all materials equipent such 40 . Site--Lands or areas indicated in the bydthe Contract Documentsment onstruction , all as required Contract Documents as being furnished by OWNER upon which the Work is to be performed , including 49 . Work Change Directive--A written rights-of-way and easements for access thereto , and statement to CONTRACTOR issued on or after the such other lands furnished by OWNER which are Effective Date of the Agreement and signed by designated for the use of CONTRACTOR . OWNER and recommended by ENGINEER ordering an addition , deletion , or revision in the Work , or 41 . Specifications--That part of the Contract responding to differing or unforeseen subsurface or Documents consisting of written technical physical conditions under which the Work is to be descriptions of materials , equipment, systems , stan - performed or to emergencies . A Work Change dards , and workmanship as applied to the Work and Directive will not change the Contract Price or the certain administrative details applicable thereto . Contract Times but is evidence that the parties expect that the change ordered or documented by a Work 42 . Subcontractor--An individual or entity Change Directive will be incorporated in a subse- having a direct contract with CONTRACTOR or with quently issued Change Order following negotiations any other Subcontractor for the performance of a part by the parties as to its effect, if any, on the Contract of the Work at the Site . Price or Contract Times . 43 . Substantial Completion--The time at 50 . Written Amendment--A written statement which the Work (or a specified part thereof) has modifying the Contract Documents , signed by progressed to the point where , in the opinion of OWNER and CONTRACTOR on or after the ENGINEER , the Work (or a specified part thereof) is Effective Date of the Agreement and normally dealing sufficiently complete , in accordance with the Contract with the non -engineering or nontechnical rather than Documents , so that the Work (or a specified part strictly construction -related aspects of the Contract thereof) can be utilized for the purposes for which it is Documents . intended . The terms "substantially complete" and "substantially completed " as applied to all or part of 1 . 02 Terminology the Work refer to Substantial Completion thereof. A. Intent of Certain Terms or Adjectives 44 , Supplementary Conditions--That part of the Contract Documents which amends or 1 . Whenever in the Contract Documents supplements these General Conditions . the terms " as allowed , " "as approved , " or terms of like effect or import are used , or the adjectives 45 . Supplier--A manufacturer, fabricator, " reasonable , " " suitable , " "acceptable , " " proper, " supplier, distributor, materialman , or vendor having a " satisfactory , " or adjectives of like effect or import direct contract with CONTRACTOR or with any are used to describe an action or determination of Subcontractor to furnish materials or equipment to be ENGINEER as to the Work, it is intended that incorporated in the Work by CONTRACTOR or any such action or determination will be solely to Subcontractor, evaluate , in general , the completed Work for compliance with the requirements of and 46 . Underground Facilities--All underground information in the Contract Documents and pipelines , conduits , ducts , cables , wires , manholes , conformance with the design concept of the com - vaults , tanks , tunnels , or other such facilities or pleted Project as a functioning whole as shown or attachments , and any encasements containing such indicated in the Contract Documents ( unless there facilities , including those that convey electricity , is a specific statement indicating otherwise) . The gases , steam , liquid petroleum products , telephone or use of any such term or adjective shall not be other communications , cable television , water, effective to assign to ENGINEER any duty or wastewater, storm water, other liquids or chemicals , authority to supervise or direct the performance of or traffic or other control systems . the Work or any duty or authority to undertake responsibility contrary to the provisions of 47 . Unit Price Work--Work to be paid for on paragraph 9 . 10 or any other provision of the the basis of unit prices . Contract Documents . 48 . Work--The entire completed construction B . Day or the various separately identifiable parts thereof re- 00700 - General Conditions REV 04-07. doc 00700 - 7 F :\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacemenWtAdmim\bid documents\00700 - General Conditions REV 04-07. doc 1 . The word "day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. C . Defective 2 . 01 Delivery of Bonds A . When CONTRACTOR delivers the executed 1 . The word " defective , " when Agreements to OWNER , CONTRACTOR shall also modifying the word "Work , " refers to Work that deliver to OWNER such Bonds as CONTRACTOR is unsatisfactory , faulty, or deficient in that it may be required to furnish . does not conform to the Contract Documents or does not meet the requirements of any 2 . 02 Copies of Documents inspection , reference standard , test, or approval referred to in the Contract Docu - A. OWNER shall furnish to CONTRACTOR up ments , or has been damaged prior to to ten copies of the Contract Documents . Additional ENGINEER 's recommendation of final copies will be furnished upon request at the cost of payment ( unless responsibility for the reproduction , protection thereof has been assumed by OWNER at Substantial Completion in accor- 2 . 03 Commencement of Contract Times, Notice dance with paragraph 14 . 04 or 14 . 05 ) . to Proceed D . Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- 1 ment or, if a Notice to Proceed is given , on the day indicated in the Notice to Proceed . A Notice to Pro- equipment, shall meaR to supply and delive 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, h cQ� whichever date is earlier, p The werd " install " .,, � AIn 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 44 to the date on which the Contract Times commence to run . 2 . 05 Before Starting Construction aad —install — said — services , materials , er A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work , CONTRACTOR shall carefully study and compare the 4 . When " furnish , " " install " " perform or Contract Documents and check and verify pertinent " provide" is not used in connection with services , figures therein and all applicable field measurements , materials , or equipment in a context clearly CONTRACTOR shall promptly report in writing to requiring an obligation of CONTRACTOR , ENGINEER any conflict, error, ambiguity, or " provide" is implied , discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from E . Unless stated otherwise in the Contract ENGINEER before proceeding with any Work Documents , words or phrases which have a well- affected thereby ; however, CONTRACTOR shall not known technical or construction industry or trade be liable to OWNER or ENGINEER for failure to meaning are used in the Contract Documents in report any conflict, error, ambiguity , or discrepancy in accordance with such recognized meaning . 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: 00700 - 8 00700 - General Conditions REV 04-07 . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 1 . The progress schedule will be 1 . a preliminary progress schedule acceptable to ENGINEER if it provides an indicating the times ( numbers of days or dates ) orderly progression of the Work to completion for starting and completing the various stages within any specified Milestones and the of the Work , including any Milestones specified Contract Times . Such acceptance will not in the Contract Documents ; impose on ENGINEER responsibility for the progress schedule , for sequencing , scheduling , 2 , a preliminary schedule of Shop or progress of the Work nor interfere with or Drawing and Sample submittals which will list relieve CONTRACTOR from CONTRACTOR ' s each required submittal and the times for sub- full responsibility therefor, mitting , reviewing , and processing such submittal ; and 2 . CONTRACTOR ' s schedule of Shop Drawing and Sample submittals will be 3 , a preliminary schedule of values for acceptable to ENGINEER if it provides a all of the Work which includes quantities and workable arrangement for reviewing and prices of items which when added together processing the required submittals . equal the Contract Price and subdivides the Work into component parts in sufficient detail 3 . CONTRACTOR ' s schedule of values to serve as the basis for progress payments will be acceptable to ENGINEER as to form during performance of the Work . Such prices and substance if it provides a reasonable will include an appropriate amount of overhead allocation of the Contract Price to component and profit applicable to each item of Work , parts of the Work. the Site is started , CONTRACTOR and OW NE all AMENDING ,NG , RECLE 3 OUSEACT DOCUMENTS : INTENT , each deliver to the other, with cop o each additional insured identified in t upplementary Conditions , certificates of urance (and other 3 . 01 Intent evidence of insurance ich either of them or any additional insureay reasonably request) which A. The Contract Documents are comple- CONTRA and OWNER respectively are mentary; what is called for by one is as binding as if t9 D r9hase and maintain annerdanne with called for by all . B . It is the intent of the Contract Documents to 2 . 06 Preconstruction Conference describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents . Any labor, documentation , to run , but befwom ' ore any Work at the Site i rted , a services , materials , or equipment that may j nference attended by CONT OR , ENGI - reasonably be inferred from the Contract Documents ER , and others as appr a will be held to or from prevailing custom or trade usage as being tablish a 9. required to produce the intended result will be te-the Work a discuss the schedules referred provided whether or not specifically called for at no in para r 2 . 05 . 13 , procedures for handling Shop additional cost to OWNER . aw and other submittals , processing Applica- ns for C . Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER 2 . 07 Initial Acceptance of Schedules as provided in Article 9 . A. Unless otherwise provided in the Contract 3 . 02 Reference Standards Documents , at least ten days before submission of the first Application for Payment a conference A. Standards, Specifications, Codes, Laws, and attended by CONTRACTOR , ENGINEER , and others Regulations as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules 1 . Reference to standards , specifica- submitted in accordance with paragraph 2 . 05 . 131 tions , manuals , or codes of any technical CONTRACTOR shall have an additional ten days to society, organization , or association , or to Laws make corrections and adjustments and to complete or Regulations , whether such reference be and resubmit the schedules . No progress payment specific or by implication , shall mean the stan - shall be made to CONTRACTOR until acceptable dard , specification , manual , code , or Laws or schedules are submitted to ENGINEER . Regulations in effect at the time of opening of Bids (or on the Effective Date of the 00700 9 00700 - General Conditions REV 04-07 . doc - FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert ReplacementsV%dmim\bid documents\00700 - General Conditions REV 04-07. doc Agreement if there were no Bids) , except as b . the provisions of any Laws or may be otherwise specifically stated in the Regulations applicable to the performance Contract Documents , of the Work ( unless such an interpretation of the provisions of the Contract 2 . No provision of any such standard , Documents would result in violation of such specification , manual or code , or any Law or Regulation ) , instruction of a Supplier shall be effective to change the duties or responsibilities of 3 . 04 Amending and Supplementing Contract OWNER , CONTRACTOR , or ENGINEER , or Documents any of their subcontractors , consultants, agents , or employees from those set forth in A. The Contract Documents may be amended the Contract Documents , nor shall any such to provide for additions , deletions , and revisions in the provision or instruction be effective to assign to Work or to modify the terms and conditions thereof in OWNER , ENGINEER , or any of ENGINEER ' s one or more of the following ways : ( i ) a Written Consultants , agents , or employees any duty or Amendment; ( ii) a Change Order; or ( iii ) a Work authority to supervise or direct the performance Change Directive . of the Work or any duty or authority to undertake responsibility inconsistent with the B . The requirements of the Contract Documents provisions of the Contract Documents , may be supplemented , and minor variations and deviations in the Work may be authorized , by one or 3 . 03 Reporting and Resolving Discrepancies more of the following ways : ( i) a Field Order; ( ii ) ENGINEER ' s approval of a Shop Drawing or Sample ; A. Reporting Discrepancies or ( iii ) ENGINEER Is written interpretation or clarifi- cation . 1 . If, during the performance of the Work , CONTRACTOR discovers any conflict, 3 . 05 Reuse of Documents error, ambiguity , or discrepancy within the Con - tract Documents or between the Contract A. CONTRACTOR and any Subcontractor or Documents and any provision of any Law or Supplier or other individual or entity performing or Regulation applicable to the performance of furnishing any of the Work under a direct or indirect the Work or of any standard , specification , contract with OWNER : ( i ) shall not have or acquire manual or code , or of any instruction of any any title to or ownership rights in any of the Drawings , Supplier, CONTRACTOR shall report it to Specifications , or other documents (or copies of any ENGINEER in writing at once . CONTRAC- thereof) prepared by or bearing the seal of TOR shall not proceed with the Work affected ENGINEER or ENGINEER ' s Consultant, including thereby (except in an emergency as required electronic media editions ; and ( ii ) shall not reuse any by paragraph 6 . 16 . A) until an amendment or of such Drawings , Specifications , other documents , or supplement to the Contract Documents has copies thereof on extensions of the Project or any been issued by one of the methods indicated in other project without written consent of OWNER and paragraph 3 . 04 ; provided , however, that ENGINEER and specific written verification or CONTRACTOR shall not be liable to OWNER adaption by ENGINEER . This prohibition will survive or ENGINEER for failure to report any such final payment, completion , and acceptance of the conflict , error, ambiguity, or discrepancy unless Work , or termination or completion of the Contract. CONTRACTOR knew or reasonably should Nothing herein shall preclude CONTRACTOR from have known thereof, retaining copies of the Contract Documents for record purposes . B . Resolving Discrepancies 1 . Except as may be otherwise ARTICLE 4 - AVAILABILITY OF LANDS ; specifically stated in the Contract Documents , SUBSURFACE AND PHYSICAL CONDITIONS ; the provisions of the Contract Documents shall REFERENCE POINTS take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and : 4 . 01 Availability of Lands a . the provisions of any standard , specification , manual , code , or instruction A . OWNER shall furnish the Site . OWNER (whether or not specifically incorporated by shall notify CONTRACTOR of any encumbrances or reference in the Contract Documents ) ; 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 00700 - General Conditions REV 04-07. doc 00700 - 10 F :\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsWdmim\bid documents\00700 - General Conditions REV 04-07 doc obtain in a timely manner and pay for easements for 2 , other data , interpretations , opinions , permanent structures or permanent changes in and information contained in such reports or existing facilities . If CONTRACTOR and OWNER are shown or indicated in such drawings ; or unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price 3 . any CONTRACTOR interpretation of or Contract Times , or both , as a result of any delay in or conclusion drawn from any "technical data " OWNER ' s furnishing the Site , CONTRACTOR may or any such other data , interpretations , make a Claim therefor as provided in paragraph opinions , or information . 10 . 05 . 4 . 03 Differing Subsurface or Physical Conditions B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement A. Notice: If CONTRACTOR believes that any of record legal title and legal description of the lands subsurface or physical condition at or contiguous to upon which the Work is to be performed and the Site that is uncovered or revealed either: OWNER ' s interest therein as necessary for giving notice of or filing a mechanic' s or construction lien 1 . is of such a nature as to establish against such lands in accordance with applicable that any "technical data " on which CONTRAC. Laws and Regulations . TOR is entitled to rely as provided in paragraph C . CONTRACTOR shall provide for all 4 . 02 is materially inaccurate ; or additional lands and access thereto that may be 2 , is of such a nature as to require a required for temporary construction facilities or change in the Contract Documents ; or storage of materials and equipment. 3 , differs materially from that shown or 4 . 02 Subsurface and Physical Conditions indicated in the Contract Documents ; or A. Reports and Drawings: The Supplementary 4 . is of an unusual nature, and differs Conditions identify: materially from conditions ordinarily encountered and generally recognized as 1 , those reports of explorations and inherent in work of the character provided for in tests of subsurface conditions at or contiguous the Contract Documents ; to the Site that ENGINEER has used in preparing the Contract Documents; and then CONTRACTOR shall , promptly after becoming aware thereof and before further disturbing the 2 , those drawings of physical subsurface or physical conditions or performing any conditions in or relating to existing surface or Work in connection therewith (except in an subsurface structures at or contiguous to the emergency as required by paragraph 6 . 16 . A) , notify Site (except Underground Facilities) that ENGI - OWNER and ENGINEER in writing about such NEER has used in preparing the Contract condition . CONTRACTOR shall not further disturb Documents , such condition or perform any Work in connection therewith (except as aforesaid ) until receipt of written B . Limited Reliance by CONTRACTOR on order to do so . Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" B . ENGINEER 's Review: After receipt of written contained in such reports and drawings , but such notice as required by paragraph 4 . 03 . A, ENGINEER reports and drawings are not Contract Documents . will promptly review the pertinent condition , determine Such "technical data " is identified in the Supplementa- the necessity of OWNER 's obtaining additional ry Conditions . Except for such reliance on such exploration or tests with respect thereto , and advise " technical data , " CONTRACTOR may not rely upon or OWNER in writing (with a copy to CONTRACTOR ) of make any Claim against OWNER , ENGINEER , or ENGINEER ' s findings and conclusions . any of ENGINEER ' s Consultants with respect to : 1 , the completeness of such reports C . Possible Price and Times Adjustments and drawings for CONTRACTOR ' s purposes , 1 . The Contract Price or the Contract including , but not limited to , any aspects of the Times , or both , will be equitably adjusted to the means , methods , techniques , sequences , and extent that the existence of such differing procedures of construction to be employed by subsurface or physical condition causes an in - CONTRACTOR , and safety precautions and crease or decrease in CONTRACTOR ' s cost programs incident thereto , or of, or time required for, performance of the Work , subject, however, to the following : 00700 - General Conditions REV 04-07. doc 00700 - 11 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Mise Culvert Replacements\Hdmim\bid documents\00700 - General Conditions REV 04-07 . doc a . such condition must meet any one or more of the categories described in para. 1 . OWNER and ENGINEER shall not graph 4 . 03 . A; and be responsible for the accuracy or com - pleteness of any such information or data ; and b . with respect to Work that is paid for on a Unit Price Basis , any adjustment in 2 , the cost of all of the following will be Contract Price will be subject to the included in the Contract Price , and CONTRAC. provisions of paragraphs 9 . 08 and 11 . 03 . TOR shall have full responsibility for: 2 . CONTRACTOR shall not be entitled a . reviewing and checking all such to any adjustment in the Contract Price or information and data , Contract Times if: b . locating all Underground Facilities a . CONTRACTOR knew of the shown or indicated in the Contract existence of such conditions at the time Documents , CONTRACTOR made a final commitment to OWNER in respect of Contract Price and c, coordination of the Work with the Contract Times by the submission of a Bid owners of such Underground Facilities , or becoming bound under a negotiated including OWNER , during construction , and contract; or d . the safety and protection of all such b , the existence of such condition could Underground Facilities and repairing any reasonably have been discovered or damage thereto resulting from the Work , revealed as a result of any examination , investigation , exploration , test, or study of B . Not Shown or Indicated the Site and contiguous areas required by the Bidding Requirements or Contract 1 . If an Underground Facility is Documents to be conducted by or for CON - uncovered or revealed at or contiguous to the TRACTOR prior to CONTRACTOR 's Site which was not shown or indicated , or not making such final commitment; or shown or indicated with reasonable accuracy in the Contract Documents , CONTRACTOR c . CONTRACTOR failed to give the shall , promptly after becoming aware thereof written notice within the time and as re- and before further disturbing conditions quired by paragraph 4 . 03 . A. affected thereby or performing any Work in connection therewith (except in an emergency 3 . If OWNER and CONTRACTOR are as required by paragraph 6 . 16 . A) , identify the unable to agree on entitlement to or on the owner of such Underground Facility and give amount or extent, if any, of any adjustment in written notice to that owner and to OWNER the Contract Price or Contract Times , or both , and ENGINEER . ENGINEER will promptly a Claim may be made therefor as provided in review the Underground Facility and determine paragraph 10 . 05 . However, OWNER , the extent, if any, to which a change is required ENGINEER , and ENGINEER ' s Consultants in the Contract Documents to reflect and shall not be liable to CONTRACTOR for any document the consequences of the existence claims , costs , losses , or damages ( including or location of the Underground Facility. During but not limited to all fees and charges of such time , CONTRACTOR shall be engineers , architects , attorneys , and other responsible for the safety and protection of professionals and all court or arbitration or such Underground Facility . other dispute resolution costs ) sustained by CONTRACTOR on or in connection with any 2 . If ENGINEER concludes that a other project or anticipated project, change in the Contract Documents is required , a Work Change Directive or a Change Order 4 . 04 Underground Facilities will be issued to reflect and document such consequences . An equitable adjustment shall A. Shown or Indicated: The information and be made in the Contract Price or Contract data shown or indicated in the Contract Documents Times , or both , to the extent that they are with respect to existing Underground Facilities at or attributable to the existence or location of any contiguous to the Site is based on information and Underground Facility that was not shown or data furnished to OWNER or ENGINEER by the indicated or not shown or indicated with owners of such Underground Facilities , including reasonable accuracy in the Contract OWNER , or by others . Unless it is otherwise Documents and that CONTRACTOR did not expressly provided in the Supplementary Conditions : know of and could not reasonably have been 00700 - General Conditions REV 04-07. doc 00700 - 12 F:\Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc expected to be aware of or to have anticipated . 3 . any CONTRACTOR interpretation of If OWNER and CONTRACTOR are unable to or conclusion drawn from any "technical data " agree on entitlement to or on the amount or or any such other data , interpretations , extent, if any, of any such adjustment in opinions or information . Contract Price or Contract Times , OWNER or CONTRACTOR may make a Claim therefor as C . CONTRACTOR shall not be responsible for provided in paragraph 10 . 05 . any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or 4 . 05 Reference Points indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the A. OWNER shall provide engineering surveys to Work . CONTRACTOR shall be responsible for a establish reference points for construction which in Hazardous Environmental Condition created with any ENGINEER 's judgment are necessary to enable materials brought to the Site by CONTRACTOR , CONTRACTOR to proceed with the Work. CON . Subcontractors , Suppliers, or anyone else for whom TRACTOR shall be responsible for laying out the CONTRACTOR is responsible . Work , shall protect and preserve the established reference points and property monuments , and shall D . If CONTRACTOR encounters a Hazardous make no changes or relocations without the prior Environmental Condition or if CONTRACTOR or written approval of OWNER . CONTRACTOR shall anyone for whom CONTRACTOR is responsible report to ENGINEER whenever any reference point or creates a Hazardous Environmental Condition , property monument is lost or destroyed or requires CONTRACTOR shall immediately: ( i ) secure or relocation because of necessary changes in grades otherwise isolate such condition ; ( ii) stop all Work in or locations , and shall be responsible for the accurate connection with such condition and in any area replacement or relocation of such reference points or affected thereby (except in an emergency as required property monuments by professionally qualified by paragraph 6 . 16) ; and ( iii) notify OWNER and personnel . ENGINEER (and promptly thereafter confirm such notice in writing ) . OWNER shall promptly consult with 4 . 06 Hazardous Environmental Condition at Site ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or A. Reports and Drawings: Reference is made take corrective action , if any. to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous E . CONTRACTOR shall not be required to Environmental Condition identified at the Site , if any, resume Work in connection with such condition or in that have been utilized by the ENGINEER in the any affected area until after OWNER has obtained preparation of the Contract Documents . any required permits related thereto and delivered to CONTRACTOR written notice : ( i ) specifying that such B . Limited Reliance by CONTRACTOR on condition and any affected area is or has been Technical Data Authorized: CONTRACTOR may rely rendered safe for the resumption of Work ; or ( ii ) upon the general accuracy of the " technical data" specifying any special conditions under which such contained in such reports and drawings , but such Work may be resumed safely. If OWNER and reports and drawings are not Contract Documents . CONTRACTOR cannot agree as to entitlement to or Such " technical data" is identified in the on the amount or extent, if any, of any adjustment in Supplementary Conditions . Except for such reliance Contract Price or Contract Times , or both , as a result on such "technical data , " CONTRACTOR may not of such Work stoppage or such special conditions rely upon or make any Claim against OWNER , under which Work is agreed to be resumed by ENGINEER or any of ENGINEER 's Consultants with CONTRACTOR , either party may make a Claim respect to : therefor as provided in paragraph 10 . 05 . 1 . the completeness of such reports F . If after receipt of such written notice and drawings for CONTRACTOR ' s purposes , CONTRACTOR does not agree to resume such including , but not limited to , any aspects of the Work based on a reasonable belief it is unsafe , or means , methods , techniques , sequences and does not agree to resume such Work under such procedures of construction to be employed by special conditions , then OWNER may order the CONTRACTOR and safety precautions and portion of the Work that is in the area affected by programs incident thereto ; or such condition to be deleted from the Work . If OWNER and CONTRACTOR cannot agree as to 2 , other data , interpretations , opinions entitlement to or on the amount or extent, if any , of an and information contained in such reports or adjustment in Contract Price or Contract Times as a shown or indicated in such drawings ; or 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 00700 - General Conditions REV 04-07. doc 00700 - 13 F \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc portion of the Work performed by OWNER 's own forces or others in accordance with Article 7 , BORds shall rernain on after the d;; tp m A"g I hen final payment beGemels due-, G . To the fullest extent permitted by Laws and Regulations , OWNER shall indemnify and hold harmless CONTRACTOR , Subcontractors , ENGI - NEER , ENGINEER ' s Consultants and the officers , directors , partners , employees , agents , other consultants , and subcontractors of each and any of B . All Bonds shall be in the form prescribed by them from and against all claims , costs , losses , and the Contract Documents except as provided other- damages ( including but not limited to all fees and wise by Laws or Regulations , and shall be executed charges of engineers , architects , attorneys , and other by such sureties as are named in the current list of professionals and all court or arbitration or other " Companies Holding Certificates of Authority as dispute resolution costs) arising out of or relating to a Acceptable Sureties on Federal Bonds and as Hazardous Environmental Condition , provided that Acceptable Reinsuring Companies" as published in such Hazardous Environmental Condition : ( i ) was not Circular 570 (amended ) by the Financial Management shown or indicated in the Drawings or Specifications Service , Surety Bond Branch , U . S . Department of the or identified in the Contract Documents to be included Treasury. All Bonds signed by an agent must be within the scope of the Work , and ( ii) was not created accompanied by a certified copy of such agent' s by CONTRACTOR or by anyone for whom authority to act. CONTRACTOR is responsible . Nothing in this para - graph 4 . 06 . E shall obligate OWNER to indemnify any C . If the surety on any Bond furnished by CON - individual or entity from and against the conse- TRACTOR is declared bankrupt or becomes quences of that individual ' s or entity' s own negli - insolvent or its right to do business is terminated in gence . any state where any part of the Project is located or it ceases to meet the requirements of paragraph H . To the fullest extent permitted by Laws and 5 . 01 . 8 , CONTRACTOR shall within 20 days Regulations , CONTRACTOR shall indemnify and thereafter substitute another Bond and surety, both of hold harmless OWNER , ENGINEER , ENGINEER ' s which shall comply with the requirements of para- Consultants , and the officers , directors , partners , graphs 5 . 01 . 8 and 5 . 02 , employees , agents , other consultants , and subcontractors of each and any of them from and 5 . 02 Licensed Sureties and Insurers against all claims , costs , losses , and damages ( including but not limited to all fees and charges of A. All Bonds and insurance required by the engineers , architects , attorneys , and other Contract Documents to be purchased and maintained professionals and all court or arbitration or other by OWNER or CONTRACTOR shall be obtained dispute resolution costs) arising out of or relating to a from surety or insurance companies that are duly Hazardous Environmental Condition created by licensed or authorized in the jurisdiction in which the CONTRACTOR or by anyone for whom Project is located to issue Bonds or insurance policies CONTRACTOR is responsible. Nothing in this for the limits and coverages so required . Such surety paragraph 4 . 06 . F shall obligate CONTRACTOR to and insurance companies shall also meet such addi- indemnify any individual or entity from and against the tional requirements and qualifications as may be consequences of that individual 's or entity' s own provided in the Supplementary Conditions . negligence . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and 5 . 03 Certificates of Insurance 4 . 04 are not intended to apply to a Hazardous A. CONTRACTOR shall deliver to OWNER , Environmental Condition uncovered or revealed at the with copies to each additional insured identified in the Site . Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWW ER or any other additional insured ) which CON . ARTICLE 5 - BONDS AND INSURANCE TRACTOR is required to purchase and maintain . OWNER shall deliver to GONT- RAGTOR , with G I I to eaGh add V toonal 4nGLIFed identified an the Supple 5 . 01 Performance, Payment, and Other Bonds other ey ' denGe of n6UMFIGe requested by CON A. CONTRACTOR 5; h ;; " TRACTOR or any other additional insured ) whiGh and payment Bonds , each in at least equal 5 . 04 CONTRACTOR 's Liability Insurance ayment of all C., QN11TRACT-OR 00700 - General Conditions REV 04-07 . doc 00700 - 14 F . \Public Works\ENGINEE RING DIVISION PROJECTS\1142-Misc Culvert Replacement s\Admim\bid documents\00700 - General Conditions REV 04-07. doc A. CONTRACTOR shall purchase and maintain to these additional insureds shall provide such liability and other insurance as is appropriate for primary coverage for all claims covered the Work being performed and as will provide thereby; protection from claims set forth below which may arise out of or result from CONTRACTOR ' s 2 , include at least the specific performance of the Work and CONTRACTOR ' s other coverages and be written for not less than the obligations under the Contract Documents , whether it limits of liability provided in the Supplementary is to be performed by CONTRACTOR , any Subcon- Conditions or required by Laws or Regulations , tractor or Supplier, or by anyone directly or indirectly whichever is greater; employed by any of them to perform any of the Work , or by anyone for whose acts any of them may be 3 , include completed operations liable : insurance , 1 , claims under workers ' compensa- 4 , include contractual liability insurance tion , disability benefits , and other similar covering CONTRACTOR 's indemnity employee benefit acts ; obligations under paragraphs 6 . 07 , 6 . 11 , and 2 , claims for damages because of 6 . 20 ; bodily injury , occupational sickness or disease , 5 , contain a provision or endorsement or death of CONTRACTOR ' s employees ; that the coverage afforded will not be canceled , materially changed or renewal refused until at 3 , claims for damages because of least thirty days prior written notice has been bodily injury, sickness or disease , or death of given to OWNER and CONTRACTOR and to any person other than CONTRACTOR ' s each other additional insured identified in the employees ; Supplementary Conditions to whom a certifi- cate of insurance has been issued (and the 4 , claims for damages insured by certificates of insurance furnished by the CON - reasonably available personal injury liability TRACTOR pursuant to paragraph 5 . 03 will so coverage which are sustained : ( i ) by any provide) ; person as a result of an offense directly or indirectly related to the employment of such 6 , remain in effect at least until final person by CONTRACTOR , or ( ii) by any other payment and at all times thereafter when CON - person for any other reason ; TRACTOR may be correcting , removing , or replacing defective Work in accordance with 5 , claims for damages , other than to paragraph 13 . 07 ; and the Work itself, because of injury to or destruc- tion of tangible property wherever located , 7 , with respect to completed operations including loss of use resulting therefrom ; and insurance , and any insurance coverage written on a claims-made basis , remain in effect for at 6 , claims for damages because of least two years after final payment (and bodily injury or death of any person or property CONTRACTOR shall furnish OWNER and damage arising out of the ownership , mainte- each other additional insured identified in the nance or use of any motor vehicle . Supplementary Conditions , to whom a certificate of insurance has been issued , B . The policies of insurance so required by this evidence satisfactory to OWNER and any such paragraph 5 . 04 to be purchased and maintained additional insured of continuation of such shall : insurance at final payment and one year thereafter) . 1 . with respect to insurance required by paragraphs 5 . 04 . A. 3 through 5 . 04 . A. 6 inclu - 5 . 05 OWNER 's Liability Insurance sive , include as additional insureds (subject to any customary exclusion in respect of A, in addition tc) the onsuFanGe real jr�A be professional liability) OWNER , ENGINEER , provided by CONTRACTOR under par 5 . 041 ENGINEER ' s Consultants , and any other OWNER , at OWNER ' s opn purchase and individuals or entities identified in the Supple- maintain at OWNER ' tiopense OWNER 's own mentary Conditions , all of whom shall be listed liability insura s will protect OWNER against as additional insureds , and include coverage claims from eperatilGIRG under the for the respective officers , directors , partners , Itrap.t. Bests- employees , agents , and other consultants and subcontractors of each and any of all such additional insureds , and the insurance afforded 00700 - General Conditions REV 04-07 doc 00700 - 15 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Mise Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 . doc TOP AT — AT — Er I 1 01 . . dirM up IT - _ MAT Ifin N ME I IF WE EI avalm, — _ ! � M � _ w WE My GET AT • _ _ Par — — — _ — . am 121 1111111 Th, blilip" AT AW a M a am AT 112RITEN, 0101061 AT • — — _ — M TIP WE WE WE . .I TIE • • • • • • • - — am M WE TO IF TV II an AM ME 1 0 WE MET M TEE a WE ME II FEEITI &Idmlwj WET FAR 1111= !m TIP INNEVAILWALIAM &M Jig 111 WONM, up TIP • — — • • . _ • . • 1 • • • • — — • • • • • — • • • • — • — • — • — • — • - — — _ .' J Er Ogg w TEE — �_ 1 WE 1WE I Or • • ME - - - _ • 0 . M up ED TIP MET as • • ' ♦ / 1 11 1 1 • 1 • I / • • • ' • ram mw �w Ar AN, vor � • _ w ON WE ME Or A� RMA� sm 24 WE am 11�0131 MANAGER ME W WE w door w - - 1 ! _ Ar an�Wass �MA MR ROOM tAMNNLWAM� AL VIA A, WE OF A�AT&I AN or OF AD or W WE ow WE RE AIR IND OF TAT= - - AR A on, STAR AR Aft AS, WE MMS - - . MMILERAMAMSEDIWEN 1 A TI M ME WE do - - - - - � • � RE Aft _ - - WE - AS . • - AMEMEWSM &REAM WE WE IS11111146 IF IF OR WE a ERA OR MR w w WE � •WE / • i1 • 1 � I • _ _ _ • ' 1ED we WE Er w MR Ma VIA AREA IF 0 or w vp a & WE IND AMMRW - - 1 - . w RE ME AIR w _WE aXoAlmfiVwQWvwlll ' Alp OF villa WA WAMIMFEWA id ME W WmT2W*9=`o Ir WE • - - - ME ME WE or W- 1�—lumm is WE loll ARE. A ME / . _ lVjA - ' or ■ . I ALONG, IN KWAMON WAVE WE AIR Mi EMMA MR _ _ - - _ _ _ • - - - - _ _ WE WE lomi • Al a OF ARA Row - WE AIR WE ME WE ME WE WE M ME WE Er WE • � � � a a • • • • - • � � � � B . Except as otherwise required for the safety or 5 . 10 Partial Utilization, Acknowledgment of protection of persons or the Work or property at the Property Insurer Site or adjacent thereto , and except as otherwise stated in the Contract Documents , all Work at the Site A. If OWNER finds it necessary to occupy or shall be performed during regular working hours , and use a portion or portions of the Work prior to Substan - CONTRACTOR will not permit overtime work or the tial Completion of all the Work as provided in para- performance of Work on Saturday, Sunday, or any graph 14 . 05 , no such use or occupancy shall legal holiday without OWNER ' s written consent commence before the insurers providing the property (which will not be unreasonably withheld ) given after insurance pursuant to paragraph 5 . 06 have prior written notice to ENGINEER . acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall 6 . 03 Services, Materials, and Equipment consent by endorsement on the policy or policies , but the property insurance shall not be canceled or A. Unless otherwise specified in the General permitted to lapse on account of any such partial use Requirements , CONTRACTOR shall provide and or occupancy. assume full responsibility for all services , materials , equipment, labor, transportation , construction equipment and machinery, tools , appliances , fuel , ARTICLE 6 - CONTRACTOR ' S RE- power, light, heat, telephone , water, sanitary facilities , SPONSIBILITIES temporary facilities , and all other facilities and incidentals necessary for the performance , testing , 6 . 01 Supervision and Superintendence start-up , and completion of the Work . B . All materials and equipment incorporated into A. CONTRACTOR shall supervise , inspect, and the Work shall be as specified or, if not specified , direct the Work competently and efficiently, devoting shall be of good quality and new, except as otherwise such attention thereto and applying such skills and provided in the Contract Documents . All warranties expertise as may be necessary to perform the Work and guarantees specifically called for by the in accordance with the Contract Documents . CON - Specifications shall expressly run to the benefit of TRACTOR shall be solely responsible for the means , OWNER . If required by ENGINEER , CONTRACTOR methods , techniques , sequences , and procedures of shall furnish satisfactory evidence ( including reports construction , but CONTRACTOR shall not be of required tests) as to the source , kind , and quality of responsible for the negligence of OWNER or materials and equipment. All materials and ENGINEER in the design or specification of a specific equipment shall be stored , applied , installed , means , method , technique , sequence , or procedure connected , erected , protected , used , cleaned , and of construction which is shown or indicated in and conditioned in accordance with instructions of the expressly required by the Contract Documents . applicable Supplier, except as otherwise may be CONTRACTOR shall be responsible to see that the provided in the Contract Documents . completed Work complies accurately with the Contract Documents , 6 . 04 Progress Schedule B . At all times during the progress of the Work , A. CONTRACTOR shall adhere to the progress CONTRACTOR shall assign a competent resident schedule established in accordance with paragraph superintendent thereto who shall not be replaced 2 . 07 as it may be adjusted from time to time as without written notice to OWNER and ENGINEER provided below. except under extraordinary circumstances . The superintendent will be CONTRACTOR' s 1 . CONTRACTOR shall submit to representative at the Site and shall have authority to ENGINEER for acceptance (to the extent indi- act on behalf of CONTRACTOR . All communications cated in paragraph 2 . 07 ) proposed given to or received from the superintendent shall be adjustments in the progress schedule that will binding on CONTRACTOR . not result in changing the Contract Times (or Milestones) . Such adjustments will conform 6 . 02 Labor, Working Hours generally to the progress schedule then in effect and additionally will comply with any A. CONTRACTOR shall provide competent, provisions of the General Requirements suitably qualified personnel to survey, lay out, and applicable thereto . construct the Work as required by the Contract Docu - ments . CONTRACTOR shall at all times maintain 2 . Proposed adjustments in the good discipline and order at the Site , progress schedule that will change the Contract Times (or Milestones) shall be 00700 - General Conditions REV 04-07 . doc 00700 - 18 FAPublic Works\ENGINEER ING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc submitted in accordance with the requirements b . CONTRACTOR shall submit suffi- of Article 12 . Such adjustments may only be cient information as provided below to allow made by a Change Order or Written Amend - ENGINEER to determine that the item of ment in accordance with Article 12 , material or equipment proposed is essentially equivalent to that named and an 6 . 05 Substitutes and "Or-Equals " acceptable substitute therefor. Requests for review of proposed substitute items of A. Whenever an item of material or equipment material or equipment will not be accepted is specified or described in the Contract Documents by ENGINEER from anyone other than by using the name of a proprietary item or the name CONTRACTOR , of a particular Supplier, the specification or description is intended to establish the type , function , c. The procedure for review by ENGI - appearance , and quality required . Unless the NEER will be as set forth in paragraph specification or description contains or is followed by 6 . 05 . A. 2 . d , as supplemented in the General words reading that no like , equivalent, or " or-equal" Requirements and as ENGINEER may item or no substitution is permitted , other items of decide is appropriate under the material or equipment or material or equipment of circumstances . other Suppliers may be submitted to ENGINEER for review under the circumstances described below. d . CONTRACTOR shall first make written application to ENGINEER for review 1 . "Or-Equal" Items: If in ENGINEER 's of a proposed substitute item of material or sole discretion an item of material or equip- equipment that CONTRACTOR seeks to ment proposed by CONTRACTOR is function - furnish or use . The application shall certify ally equal to that named and sufficiently similar that the proposed substitute item will so that no change in related Work will be perform adequately the functions and required , it may be considered by ENGINEER achieve the results called for by the general as an "or-equal" item , in which case review and design , be similar in substance to that approval of the proposed item may , in specified , and be suited to the same use as ENGINEER ' s sole discretion , be accomplished that specified . The application will state the without compliance with some or all of the extent, if any, to which the use of the pro- requirements for approval of proposed substi- posed substitute item will prejudice tute items . For the purposes of this paragraph CONTRACTOR ' s achievement of Substan - 6 . 05 . A. 1 , a proposed item of material or tial Completion on time , whether or not use equipment will be considered functionally equal of the proposed substitute item in the Work to an item so named if: will require a change in any of the Contract Documents (or in the provisions of any a . in the exercise of reasonable other direct contract with OWNER for work judgment ENGINEER determines that: ( i ) it on the Project) to adapt the design to the is at least equal in quality, durability, proposed substitute item and whether or appearance , strength , and design not incorporation or use of the proposed characteristics ; ( ii ) it will reliably perform at substitute item in connection with the Work least equally well the function imposed by is subject to payment of any license fee or the design concept of the completed royalty . All variations of the proposed Project as a functioning whole , and ; substitute item from that specified will be identified in the application , and available b . CONTRACTOR certifies that: ( i) engineering , sales , maintenance , repair, there is no increase in cost to the OWNER ; and replacement services will be indicated . and ( ii) it will conform substantially, even The application will also contain an with deviations , to the detailed requirements itemized estimate of all costs or credits that of the item named in the Contract will result directly or indirectly from use of Documents . such substitute item , including costs of redesign and claims of other contractors 2 . Substitute Items affected by any resulting change , all of which will be considered by ENGINEER in a . If in ENGINEER ' s sole discretion an evaluating the proposed substitute item , item of material or equipment proposed by ENGINEER may require CONTRACTOR to CONTRACTOR does not qualify as an furnish additional data about the proposed "or-equal " item under paragraph 6 . 05 . A. 11 it substitute item , will be considered a proposed substitute item . B . Substitute Construction Methods or Proce- dures: If a specific means , method , technique , se- 00700 - General Conditions REV 04-07 . doc 00700 - 19 F' \Public Works\ENGINEERING DIVISION PROJECTS\1142-Mise Culvert ReplacementsMrnim\bid documents\00700 - General Conditions REV 04-07 . doc quence , or procedure of construction is shown or B . If the Supplementary Conditions require the indicated in and expressly required by the Contract identity of certain Subcontractors , Suppliers , or other Documents , CONTRACTOR may furnish or utilize a individuals or entities to be submitted to OWNER in substitute means , method , technique , sequence , or advance for acceptance by OWNER by a specified procedure of construction approved by ENGINEER . date prior to the Effective Date of the Agreement, and CONTRACTOR shall submit sufficient information to if CONTRACTOR has submitted a list thereof in allow ENGINEER , in ENGINEER ' s sole discretion , to accordance with the Supplementary Conditions , determine that the substitute proposed is equivalent OWNER 's acceptance (either in writing or by failing to to that expressly called for by the Contract Docu - make written objection thereto by the date indicated ments . The procedure for review by ENGINEER will for acceptance or objection in the Bidding Documents be similar to that provided in subparagraph 6 . 05 . A. 2 . or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so C . Engineer's Evaluation: ENGINEER will be identified may be revoked on the basis of reasonable allowed a reasonable time within which to evaluate objection after due investigation . CONTRACTOR each proposal or submittal made pursuant to para- shall submit an acceptable replacement for the graphs 6 . 05 . A and 6 . 05 . 8 . ENGINEER will be the rejected Subcontractor, Supplier, or other individual or sole judge of acceptability. No "or-equal " or substitute entity, and the Contract Price will be adjusted by the will be ordered , installed or utilized until ENGINEER ' s difference in the cost occasioned by such review is complete , which will be evidenced by either replacement, and an appropriate Change Order will a Change Order for a substitute or an approved Shop be issued or Written Amendment signed . No accep- Drawing for an or equal . " ENGINEER will advise tance by OWNER of any such Subcontractor, CONTRACTOR in writing of any negative Supplier, or other individual or entity, whether initially determination , or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective D . Special Guarantee: OWNER may require Work . CONTRACTOR to furnish at CONTRACTOR ' s ex- pense a special performance guarantee or other C . CONTRACTOR shall be fully responsible to surety with respect to any substitute. OWNER and ENGINEER for all acts and omissions of the Subcontractors , Suppliers , and other individuals E . ENGINEER's Cost Reimbursement: or entities performing or furnishing any of the Work ENGINEER will record time required by ENGINEER just as CONTRACTOR is responsible for and ENGINEER ' s Consultants in evaluating substitute CONTRACTOR 's own acts and omissions . Nothing proposed or submitted by CONTRACTOR pursuant in the Contract Documents shall create for the benefit to paragraphs 6 . 05 . A . 2 and 6 . 05 . 13 and in making of any such Subcontractor, Supplier, or other changes in the Contract Documents (or in the individual or entity any contractual relationship be- provisions of any other direct contract with OWNER tween OWNER or ENGINEER and any such for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, Whether or not ENGINEER approves a substitute nor shall it create any obligation on the part of item so proposed or submitted by CONTRACTOR , OWNER or ENGINEER to pay or to see to the CONTRACTOR shall reimburse OWNER for the payment of any moneys due any such Subcontractor, charges of ENGINEER and ENGINEER ' s Consul- Supplier, or other individual or entity except as may tants for evaluating each such proposed substitute , otherwise be required by Laws and Regulations . F . CONTRACTOR's Expense: CONTRACTOR D . CONTRACTOR shall be solely responsible shall provide all data in support of any proposed for scheduling and coordinating the Work of Subcon - substitute or "or-equal" at CONTRACTOR ' s expense . tractors , Suppliers , and other individuals or entities performing or furnishing any of the Work under a 6 . 06 Concerning Subcontractors, Suppliers, direct or indirect contract with CONTRACTOR . and Others E . CONTRACTOR shall require all Subcontrac- A. CONTRACTOR shall not employ any tors , Suppliers , and such other individuals or entities Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work to commu - ( including those acceptable to OWNER as indicated nicate with ENGINEER through CONTRACTOR . in paragraph 6 . 06 . B ) , whether initially or as a replacement, against whom OWNER may have F . The divisions and sections of the Specifica- reasonable objection . CONTRACTOR shall not be tions and the identifications of any Drawings shall not required to employ any Subcontractor, Supplier, or control CONTRACTOR in dividing the Work among other individual or entity to furnish or perform any of Subcontractors or Suppliers or delineating the Work the Work against whom CONTRACTOR has reason - to be performed by any specific trade , able objection . 00700 - General Conditions REV 04-07 . doc 00700 - 20 FAIDublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsMrnim\bid documents\00700 - General Conditions REV 04-07. doc G . All Work performed for CONTRACTOR by a 6 . 08 Permits Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and A. Unless otherwise provided in the Supple- the Subcontractor or Supplier which specifically binds mentary Conditions , CONTRACTOR shall obtain and the Subcontractor or Supplier to the applicable terms pay for all construction permits and licenses . OWN . and conditions of the Contract Documents for the ER shall assist CONTRACTOR , when necessary, in benefit of OWNER and ENGINEER . Whenever any obtaining such permits and licenses . CONTRACTOR such agreement is with a Subcontractor or Supplier shall pay all governmental charges and inspection who is listed as an additional insured on the property fees necessary for the prosecution of the Work which insurance provided in paragraph 5 . 06 , the agreement are applicable at the time of opening of Bids , or, if between the CONTRACTOR and the Subcontractor there are no Bids , on the Effective Date of the or Supplier will contain provisions whereby the Agreement. CONTRACTOR shall pay all charges of Subcontractor or Supplier waives all rights against utility owners for connections to the Work , and OWNER , CONTRACTOR , ENGINEER , OWNER shall pay all charges of such utility owners ENGINEER ' s Consultants , and all other individuals or for capital costs related thereto, such as plant entities identified in the Supplementary Conditions to investment fees, be listed as insureds or additional insureds (and the officers , directors , partners , employees , agents , and 6 . 09 Laws and Regulations other consultants and subcontractors of each and any of them ) for all losses and damages caused by, A. CONTRACTOR shall give all notices and arising out of, relating to, or resulting from any of the comply with all Laws and Regulations applicable to perils or causes of loss covered by such policies and the performance of the Work. Except where any other property insurance applicable to the Work, otherwise expressly required by applicable Laws and If the insurers on any such policies require separate Regulations , neither OWNER nor ENGINEER shall waiver forms to be signed by any Subcontractor or be responsible for monitoring CONTRACTOR 's Supplier, CONTRACTOR will obtain the same. compliance with any Laws or Regulations . 6 . 07 Patent Fees and Royalties B . If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to A. CONTRACTOR shall pay all license fees and Laws or Regulations , CONTRACTOR shall bear all royalties and assume all costs incident to the use in claims , costs , losses , and damages ( including but not the performance of the Work or the incorporation in limited to all fees and charges of engineers , the Work of any invention , design , process , product, architects , attorneys , and other professionals and all or device which is the subject of patent rights or court or arbitration or other dispute resolution costs) copyrights held by others . If a particular invention , arising out of or relating to such Work ; however, it design , process , product, or device is specified in the shall not be CONTRACTOR 's primary responsibility Contract Documents for use in the performance of to make certain that the Specifications and Drawings the Work and if to the actual knowledge of OWNER are in accordance with Laws and Regulations , but this or ENGINEER its use is subject to patent rights or shall not relieve CONTRACTOR of CONTRACTOR ' s copyrights calling for the payment of any license fee obligations under paragraph 3 . 03 . or royalty to others , the existence of such rights shall be disclosed by OWNER in the Contract Documents . C . Changes in Laws or Regulations not known To the fullest extent permitted by Laws and Regula- at the time of opening of Bids (or, on the Effective tions , CONTRACTOR shall indemnity and hold Date of the Agreement if there were no Bids) having harmless OWNER , ENGINEER , ENGINEER ' s an effect on the cost or time of performance of the Consultants , and the officers , directors , partners , Work may be the subject of an adjustment in Contract employees or agents , and other consultants of each Price or Contract Times , If OWNER and and any of them from and against all claims , costs , CONTRACTOR are unable to agree on entitlement to losses , and damages ( including but not limited to all or on the amount or extent, if any , of any such fees and charges of engineers , architects , attorneys , adjustment, a Claim may be made therefor as and other professionals and all court or arbitration or provided in paragraph 10 . 05 . other dispute resolution costs) arising out of or relating to any infringement of patent rights or 6 . 10 Taxes copyrights incident to the use in the performance of the Work or resulting from the incorporation in the A. CONTRACTOR shall pay all sales , consum- Work of any invention , design , process , product, or er, use , and other similar taxes required to be device not specified in the Contract Documents , 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 . 00700 - General Conditions REV 04-07 . doc 00700 - 21 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc B . OWNER qualifies for state and local sales equipment and machinery, and surplus materials and tax exemption in the purchase of all material shall restore to original condition all property not and equipment . designated for alteration by the Contract Documents , 6 . 11 Use of Site and Other Areas D . Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be A. Limitation on Use of Site and Other Areas loaded in any manner that will endanger the structure , nor shall CONTRACTOR subject any part of the 1 . CONTRACTOR shall confine Work or adjacent property to stresses or pressures construction equipment, the storage of that will endanger it, materials and equipment, and the operations of workers to the Site and other areas permitted 6 . 12 Record Documents by Laws and Regulations , and shall not unreasonably encumber the Site and other A. CONTRACTOR shall maintain in a safe areas with construction equipment or other place at the Site one record copy of all Drawings , materials or equipment. CONTRACTOR shall Specifications , Addenda , Written Amendments , assume full responsibility for any damage to Change Orders , Work Change Directives , Field any such land or area , or to the owner or Orders , and written interpretations and clarifications in occupant thereof, or of any adjacent land or good order and annotated to show changes made areas resulting from the performance of the during construction . These record documents Work , together with all approved Samples and a counterpart of all approved Shop Drawings will be available to 2 . Should any claim be made by any ENGINEER for reference . Upon completion of the such owner or occupant because of the Work, these record documents , Samples , and Shop performance of the Work , CONTRACTOR Drawings will be delivered to ENGINEER for shall promptly settle with such other party by OWNER . negotiation or otherwise resolve the claim by arbitration or other dispute resolution 6 . 13 Safety and Protection proceeding or at law. A. CONTRACTOR shall be solely responsible 3 . To the fullest extent permitted by for initiating , maintaining and supervising all safety Laws and Regulations , CONTRACTOR shall precautions and programs in connection with the indemnify and hold harmless OWNER , Work . CONTRACTOR shall take all necessary ENGINEER , ENGINEER ' s Consultant, and the precautions for the safety of, and shall provide the officers , directors , partners , employees , necessary protection to prevent damage, injury or agents , and other consultants of each and any loss to : of them from and against all claims , costs , losses , and damages ( including but not limited 1 . all persons on the Site or who may to all fees and charges of engineers , architects , be affected by the Work ; attorneys , and other professionals and all court or arbitration or other dispute resolution costs) 2 , all the Work and materials and arising out of or relating to any claim or action , equipment to be incorporated therein , whether legal or equitable , brought by any such owner in storage on or off the Site ; and or occupant against OWNER , ENGINEER , or any other party indemnified hereunder to the 3v other property at the Site or adjacent extent caused by or based upon thereto , including trees , shrubs , lawns , walks , CONTRACTOR 's performance of the Work . pavements , roadways , structures , utilities , and Underground Facilities not designated for B . Removal of Debris During Performance of removal , relocation , or replacement in the the Work: During the progress of the Work CON - course of construction . TRACTOR shall keep the Site and other areas free from accumulations of waste materials , rubbish , and B . CONTRACTOR shall comply with all applica- other debris . Removal and disposal of such waste ble Laws and Regulations relating to the safety of materials , rubbish , and other debris shall conform to persons or property, or to the protection of persons or applicable Laws and Regulations . property from damage , injury, or loss ; and shall erect and maintain all necessary safeguards for such safety C . Cleaning: Prior to Substantial Completion of and protection . CONTRACTOR shall notify owners of the Work CONTRACTOR shall clean the Site and adjacent property and of Underground Facilities and make it ready for utilization by OWNER . At the com - other utility owners when prosecution of the Work pletion of the Work CONTRACTOR shall remove may affect them , and shall cooperate with them in the from the Site all tools , appliances , construction protection , removal , relocation , and replacement of 00700 - 22 00700 - General Conditions REV 04-07. doc F'\Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc their property. All damage , injury, or loss to any property referred to in paragraph 6 . 13 . A. 2 or 6 . 13 . A. 3 6 . 17 Shop Drawings and Samples caused , directly or indirectly , in whole or in part, by CONTRACTOR , any Subcontractor, Supplier, or any A. CONTRACTOR shall submit Shop Drawings other individual or entity directly or indirectly employed to ENGINEER for review and approval in accordance by any of them to perform any of the Work , or anyone with the acceptable schedule of Shop Drawings and for whose acts any of them may be liable, shall be Sample submittals . All submittals will be identified as remedied by CONTRACTOR (except damage or loss ENGINEER may require and in the number of copies attributable to the fault of Drawings or Specifications specified in the General Requirements . The data or to the acts or omissions of OWNER or ENGINEER shown on the Shop Drawings will be complete with or ENGINEER 's Consultant, or anyone employed by respect to quantities , dimensions , specified perfor- any of them , or anyone for whose acts any of them mance and design criteria , materials , and similar data may be liable , and not attributable , directly or to show ENGINEER the services , materials , and indirectly, in whole or in part, to the fault or negligence equipment CONTRACTOR proposes to provide and of CONTRACTOR or any Subcontractor, Supplier, or to enable ENGINEER to review the information for the other individual or entity directly or indirectly employed limited purposes required by paragraph 6 . 17 . E . by any of them ) . CONTRACTOR 's duties and responsibilities for safety and for protection of the B . CONTRACTOR shall also submit Samples to Work shall continue until such time as all the Work is ENGINEER for review and approval in accordance completed and ENGINEER has issued a notice to with the acceptable schedule of Shop Drawings and OWNER and CONTRACTOR in accordance with Sample submittals . Each Sample will be identified paragraph 14 . 07 . 13 that the Work is acceptable clearly as to material , Supplier, pertinent data such as (except as otherwise expressly provided in connection catalog numbers , and the use for which intended and with Substantial Completion ) , otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 6 . 14 Safety Representative purposes required by paragraph 6 . 17 . E . The numbers of each Sample to be submitted will be as specified in A. CONTRACTOR shall designate a qualified the Specifications . and experienced safety representative at the Site whose duties and responsibilities shall be the C . Where a Shop Drawing or Sample is required prevention of accidents and the maintaining and by the Contract Documents or the schedule of Shop supervising of safety precautions and programs . Drawings and Sample submittals acceptable to ENGI - NEER as required by paragraph 2 . 07 , any related 6 . 15 Hazard Communication Programs Work performed prior to ENGINEER ' s review and approval of the pertinent submittal will be at the sole A. CONTRACTOR shall be responsible for expense and responsibility of CONTRACTOR . coordinating any exchange of material safety data sheets or other hazard communication information D . Submittal Procedures required to be made available to or exchanged be- tween or among employers at the Site in accordance 1 . Before submitting each Shop with Laws or Regulations . Drawing or Sample , CONTRACTOR shall 6 . 16 Emergencies have determined and verified : a , all field measurements , quantities , A . In emergencies affecting the safety or protel dimensions , specified performance criteria , tion of persons or the Work or property at the Site or installation requirements , materials , catalog adjacent thereto , CONTRACTOR is obligated to act numbers , and similar information with to prevent threatened damage , injury, or loss , respect thereto , CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant b . all materials with respect to intended changes in the Work or variations from the Contract use , fabrication , shipping , handling , Documents have been caused thereby or are storage, assembly , and installation required as a result thereof. If ENGINEER pertaining to the performance of the Work ; determines that a change in the Contract Documents is required because of the action taken by c . all information relative to means , CONTRACTOR in response to such an emergency, a methods , techniques , sequences , and Work Change Directive or Change Order will be procedures of construction and safety issued , precautions and programs incident thereto ; and 00700 - 23 00700 - General Conditions REV 04-07 . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc d . CONTRACTOR shall also have NEER has given written approval of each such reviewed and coordinated each Shop variation by specific written notation thereof Drawing or Sample with other Shop incorporated in or accompanying the Shop Drawings and Samples and with the Drawing or Sample approval ; nor will any requirements of the Work and the Contract approval by ENGINEER relieve CON - Documents . TRACTOR from responsibility for complying with the requirements of paragraph 6 . 17 . D . 1 . 2 . Each submittal shall bear a stamp or specific written indication that CONTRACTOR F . Resubmittal Procedures has satisfied CONTRACTOR ' s obligations under the Contract Documents with respect to 1 . CONTRACTOR shall make correc- CONTRACTOR ' s review and approval of that tions required by ENGINEER and shall return submittal . the required number of corrected copies of Shop Drawings and submit as required new 3 . At the time of each submittal , CON - Samples for review and approval . CON - TRACTOR shall give ENGINEER specific TRACTOR shall direct specific attention in written notice of such variations , if any , that the writing to revisions other than the corrections Shop Drawing or Sample submitted may have called for by ENGINEER on previous from the requirements of the Contract submittals . Documents , such notice to be in a written com- munication separate from the submittal ; and , in 6 . 18 Continuing the Work addition , shall cause a specific notation to be made on each Shop Drawing and Sample sub- A. CONTRACTOR shall carry on the Work and mitted to ENGINEER for review and approval adhere to the progress schedule during all disputes or of each such variation , disagreements with OWNER . No Work shall be delayed or postponed pending resolution of any E . ENGINEER 's Review disputes or disagreements , except as permitted by paragraph 15 . 04 or as OWNER and CONTRACTOR 1 . ENGINEER will timely review and may otherwise agree in writing . approve Shop Drawings and Samples in accordance with the schedule of Shop 6 . 19 CONTRACTOR 's General Warranty and Drawings and Sample submittals acceptable to Guarantee ENGINEER . ENGINEER 's review and approval will be only to determine if the items A. CONTRACTOR warrants and guarantees to covered by the submittals will , after installation OWNER , ENGINEER , and ENGINEER ' s Consultants or incorporation in the Work , conform to the that all Work will be in accordance with the Contract information given in the Contract Documents Documents and will not be defective . and be compatible with the design concept of CONTRACTOR ' s warranty and guarantee hereunder the completed Project as a functioning whole excludes defects or damage caused by: as indicated by the Contract Documents . 1 . abuse , modification , or improper 2 . ENGINEER 's review and approval maintenance or operation by persons other will not extend to means , methods , techniques , than CONTRACTOR , Subcontractors , sequences , or procedures of construction Suppliers , or any other individual or entity for (except where a particular means , method , whom CONTRACTOR is responsible ; or technique , sequence, or procedure of con - struction is specifically and expressly called for 2 , normal wear and tear under normal by the Contract Documents) or to safety usage . precautions or programs incident thereto . The review and approval of a separate item as B . CONTRACTOR 's obligation to perform and such will not indicate approval of the assembly complete the Work in accordance with the Contract in which the item functions . Documents shall be absolute . None of the following will constitute an acceptance of Work that is not in 3 . ENGINEER ' s review and approval of accordance with the Contract Documents or a release Shop Drawings or Samples shall not relieve of CONTRACTOR ' s obligation to perform the Work in CONTRACTOR from responsibility for any accordance with the Contract Documents : variation from the requirements of the Contract Documents unless CONTRACTOR has in 1 . observations by ENGINEER , writing called ENGINEER ' s attention to each such variation at the time of each submittal as required by paragraph 6 . 17 . D . 3 and ENGI - 00700 - General Conditions REV 04-07 . doc 00700 - 24 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 2 . recommendation by ENGINEER or B . In any and all claims against OWNER or payment by OWNER of any progress or final ENGINEER or any of their respective consultants , payment; agents , officers , directors , partners , or employees by any employee (or the survivor or personal 3 , the issuance of a certificate of Sub- representative of such employee) of CONTRACTOR , stantial Completion by ENGINEER or any any Subcontractor, any Supplier, or any individual or payment related thereto by OWNER ; entity directly or indirectly employed by any of them to perform any of the Work , or anyone for whose acts 4 , use or occupancy of the Work or any any of them may be liable , the indemnification part thereof by OWNER ; obligation under paragraph 6 . 20 . A shall not be limited in any way by any limitation on the amount or type of 5 , any acceptance by OWNER or any damages , compensation , or benefits payable by or for failure to do so , CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers ' compen - 6 , any review and approval of a Shop sation acts , disability benefit acts , or other employee Drawing or Sample submittal or the issuance benefit acts , of a notice of acceptability by ENGINEER ; C . The indemnification obligations of CON - 7 . any inspection , test, or approval by TRACTOR under paragraph 6 . 20 . A shall not extend others ; or to the liability of ENGINEER and ENGINEER ' s Consultants or to the officers , directors , partners , 8 , any correction of defective Work by employees , agents , and other consultants and OWNER , subcontractors of each and any of them arising out of: 6 . 20 Indemnification 1 , the preparation or approval of, or the failure to prepare or approve , maps , Drawings , A. To the fullest extent permitted by Laws and opinions , reports , surveys , Change Orders , Regulations , CONTRACTOR shall indemnify and designs , or Specifications ; or hold harmless OWNER , ENGINEER , ENGINEER 's Consultants , and the officers , directors , partners , 2 , giving directions or instructions , or employees , agents , and other consultants and failing to give them , if that is the primary cause subcontractors of each and any of them from and of the injury or damage , against all claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , architects , attorneys , and other ARTICLE 7 - OTHER WORK 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 7 . 01 Related Work at Site claim , cost, loss , or damage : A. OWNER may perform other work related to 1 . is attributable to bodily injury, the Project at the Site by OWNER ' s employees , or let sickness , disease , or death , or to injury to or other direct contracts therefor, or have other work destruction of tangible property (other than the performed by utility owners . If such other work is not Work itself) , including the loss of use resulting noted in the Contract Documents , then : therefrom ; and 1 . written notice thereof will be given to 2 , is caused in whole or in part by any CONTRACTOR prior to starting any such other negligent act or omission of CONTRACTOR , work ; and any Subcontractor, any Supplier, or any individual or entity directly or indirectly 2 . if OWNER and CONTRACTOR are employed by any of them to perform any of the unable to agree on entitlement to or on the Work or anyone for whose acts any of them amount or extent, if any, of any adjustment in may be liable , regardless of whether or not the Contract Price or Contract Times that caused in part by any negligence or omission should be allowed as a result of such other of an individual or entity indemnified hereunder work , a Claim may be made therefor as or whether liability is imposed upon such provided in paragraph 10 . 05 , indemnified party by Laws and Regulations regardless of the negligence of any such B . CONTRACTOR shall afford each other individual or entity , 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 ) 00700 - 25 00700 - General Conditions REV 04 -07. doc F : \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc proper and safe access to the Site and a reasonable ARTICLE 8 - OWNER ' S RESPONSIBILITIES opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work 8 . 01 Communications to Contractor with theirs . Unless otherwise provided in the Contract Documents , CONTRACTOR shall do all cutting , A. Except as otherwise provided in these fitting , and patching of the Work that may be required General Conditions , OWNER shall issue all to properly connect or otherwise make its several communications to CONTRACTOR through parts come together and properly integrate with such ENGINEER . other work. CONTRACTOR shall not endanger any work of others by cutting , excavating , or otherwise 8 . 02 Replacement of ENGINEER altering their work and will only cut or alter their work with the written consent of ENGINEER and the others A. In case of termination of the employment of whose work will be affected . The duties and ENGINEER , OWNER shall appoint an engineer to responsibilities of CONTRACTOR under this whom CONTRACTOR makes no reasonable paragraph are for the benefit of such utility owners objection , whose status under the Contract and other contractors to the extent that there are Documents shall be that of the former ENGINEER , comparable provisions for the benefit of CONTRACTOR in said direct contracts between 8 . 03 Furnish Data OWNER and such utility owners and other contractors . A. OWNER shall promptly furnish the data C . If the proper execution or results of any part required of OWNER under the Contract Documents . of CONTRACTOR 's Work depends upon work per- 8 . 04 Pay Promptly When Due formed by others under this Article 7 , CONTRACTOR shall inspect such other work and promptly report to A. OWNER shall make payments to ENGINEER in writing any delays , defects , or deficien - CONTRACTOR promptly when they are due as cies in such other work that render it unavailable or provided in paragraphs 14 . 02 . 0 and 14 . 07 . C , unsuitable for the proper execution and results of CONTRACTOR ' s Work . CONTRACTOR 's failure to 8 . 05 Lands and Easements; Reports and Tests so report will constitute an acceptance of such other work as fit and proper for integration with A. OWNER 's duties in respect of providing CONTRACTOR ' s Work except for latent defects and lands and easements and providing engineering deficiencies in such other work , surveys to establish reference points are set forth in paragraphs 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to 7 . 02 Coordination OWNER 's identifying and making available to COW TRACTOR copies of reports of explorations and tests A . If OWNER intends to contract with others for of subsurface conditions and drawings of physical the performance of other work on the Project at the conditions in or relating to existing surface or Site, the following will be set forth in Supplementary subsurface structures at or contiguous to the Site that Conditions : have been utilized by ENGINEER in preparing the 1 . the individual or entity who will have Contract Documents . authority and responsibility for coordination of 8 . 06 Insurance the activities among the various contractors will be identified ; A. OWNER ' s responsibilities , if any , in respect to purchasing and maintaining liability and property 2 , the specific matters to be covered by insurance are set forth in Article 5 , such authority and responsibility will be itemized ; and 8 . 07 Change Orders 3 , the extent of such authority and A. OWNER is obligated to execute Change responsibilities will be provided . Orders as indicated in paragraph 10 . 03 . B . Unless otherwise provided in the 8 . 08 Inspections, Tests, and Approvals Supplementary Conditions , OWNER shall have sole authority and responsibility for such coordination . A. OWNER ' s responsibility in respect to certain inspections , tests , and approvals is set forth in paragraph 13 . 03 . 13 . 00700 - General Conditions REV 04-07 . doc 00700 - 26 F :\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementMAdmim\bid documents\00700 - General Conditions REV 04-07. doc 8 . 09 Limitations on OWNER 's Responsibilities greater degree of confidence that the completed Work will conform generally to the Contract A . The OWNER shall not supervise , direct, or Documents . On the basis of such visits and have control or authority over, nor be responsible for, observations , ENGINEER will keep OWNER CONTRACTOR ' s means , methods , techniques , se- informed of the progress of the Work and will endeav- quences , or procedures of construction , or the safety or to guard OWNER against defective Work . precautions and programs incident thereto , or for any failure of CONTRACTOR to comply with Laws and B . ENGINEER 's visits and observations are Regulations applicable to the performance of the subject to all the limitations on ENGINEER ' s authority Work. OWNER will not be responsible for and responsibility set forth in paragraph 9 . 10 , and CONTRACTOR ' s failure to perform the Work in particularly, but without limitation , during or as a result accordance with the Contract Documents . of ENGINEER's visits or observations of CONTRACTOR 's Work ENGINEER will not 8 . 10 Undisclosed Hazardous Environmental supervise , direct, control , or have authority over or be Condition responsible for CONTRACTOR 's means , methods , techniques , sequences , or procedures of construc- A. OWNER 's responsibility in respect to an tion , or the safety precautions and programs incident undisclosed Hazardous Environmental Condition is thereto , or for any failure of CONTRACTOR to set forth in paragraph 4 . 06 , comply with Laws and Regulations applicable to the 8 . 11 Evidence of Financial Arrangements performance of the Work . A. If and to the extent OWNER has agreed to 9 . 03 Project Representative furnish CONTRACTOR reasonable evidence that A. If OWNER and ENGINEER agree , ENGI - financial arrangements have been made to satisfy NEER will furnish a Resident Project Representative OWNER 's obligations under the Contract Documents , to assist ENGINEER in providing more extensive OWNER ' s responsibility in respect thereof will be as observation of the Work. The responsibilities and set forth in the Supplementary Conditions , authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9 . 10 and in the Supplementary ARTICLE 9 - ENGINEER ' S STATUS DURING Conditions . If OWNER designates another represen- CONSTRUCTION tative or agent to represent OWNER at the Site who is not ENGINEER ' s Consultant, agent or employee , the responsibilities and authority and limitations 9 . 01 OWNER 'S Representative thereon of such other individual or entity will be as A. ENGINEER will be OWNER ' s representative provided in the Supplementary Conditions . during the construction period . The duties and 9 . 04 Clarifications and Interpretations responsibilities and the limitations of authority of ENGINEER as OWNER Is representative during A. ENGINEER will issue with reasonable construction are set forth in the Contract Documents promptness such written clarifications or interpreta- and will not be changed without written consent of tions of the requirements of the Contract Documents OWNER and ENGINEER . as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably 9 . 02 Visits to Site inferable from the Contract Documents . Such written clarifications and interpretations will be binding on A. ENGINEER will make visits to the Site at OWNER and CONTRACTOR . If OWNER and CON - intervals appropriate to the various stages of TRACTOR are unable to agree on entitlement to or construction as ENGINEER deems necessary in on the amount or extent, if any, of any adjustment in order to observe as an experienced and qualified the Contract Price or Contract Times , or both , that design professional the progress that has been made should be allowed as a result of a written clarification and the quality of the various aspects of or interpretation , a Claim may be made therefor as CONTRACTOR ' s executed Work . Based on provided in paragraph 10 . 05 . information obtained during such visits and observations , ENGINEER , for the benefit of OWNER , 9 . 05 Authorized Variations in Work will determine , in general , if the Work is proceeding in accordance with the Contract Documents , A. ENGINEER may authorize minor variations in ENGINEER will not be required to make exhaustive the Work from the requirements of the Contract or continuous inspections on the Site to check the Documents which do not involve an adjustment in the quality or quantity of the Work . ENGINEER ' s efforts Contract Price or the Contract Times and are compat- will be directed toward providing for OWNER a ible with the design concept of the completed Project 00700 - General Conditions REV 04-07 . doc 00700 - 27 F: \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 . doc as a functioning whole as indicated by the Contract the Contract Documents pertaining to the Documents . These may be accomplished by a Field performance of the Work , and Claims seeking Order and will be binding on OWNER and also on changes in the Contract Price or Contract Times will CONTRACTOR , who shall perform the Work involved be referred initially to ENGINEER in writing , in promptly. If OWNER and CONTRACTOR are unable accordance with the provisions of paragraph 10 . 05 , to agree on entitlement to or on the amount or extent, with a request for a formal decision , if any , of any adjustment in the Contract Price or Contract Times , or both , as a result of a Field Order, B . When functioning as interpreter and judge a Claim may be made therefor as provided in under this paragraph 9 . 09 , ENGINEER will not show paragraph 10 . 05 . partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or 9 . 06 Rejecting Defective Work decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to A. ENGINEER will have authority to disapprove this paragraph 9 . 09 with respect to any such Claim , or reject Work which ENGINEER believes to be dispute , or other matter (except any which have been defective , or that ENGINEER believes will not waived by the making or acceptance of final payment produce a completed Project that conforms to the as provided in paragraph 14 . 07) will be a condition Contract Documents or that will prejudice the integrity precedent to any exercise by OWNER or of the design concept of the completed Project as a CONTRACTOR of such rights or remedies as either functioning whole as indicated by the Contract may otherwise have under the Contract Documents Documents . ENGINEER will also have authority to or by Laws or Regulations in respect of any such require special inspection or testing of the Work as Claim , dispute , or other matter. provided in paragraph 13 . 04 , whether or not the Work is fabricated , installed , or completed . 9 . 10 Limitations on ENGINEER 's Authority and 9 . 07 Shop Drawings, Change Orders and Responsibilities Payments A. Neither ENGINEER ' s authority or respon - sibility under this Article 9 or under any other provision A. In connection with ENGINEER 's authority as of the Contract Documents nor any decision made by to Shop Drawings and Samples , see paragraph 6 . 17 . ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the B . In connection with ENGINEER ' s authority as undertaking , exercise , or performance of any to Change Orders , see Articles 10 , 11 , and 12 . authority or responsibility by ENGINEER shall create , impose , or give rise to any duty in contract, tort, or C . In connection with ENGINEER ' s authority as otherwise owed by ENGINEER to CONTRACTOR , to Applications for Payment, see Article 14 . any Subcontractor, any Supplier, any other individual or entity , or to any surety for or employee or agent of 9 . 08 Determinations for Unit Price Work any of them . A. ENGINEER will determine the actual quanti- B . ENGINEER will not supervise , direct, control , ties and classifications of Unit Price Work performed or have authority over or be responsible for by CONTRACTOR . ENGINEER will review with CONTRACTOR ' s means , methods , techniques , se- CONTRACTOR the ENGINEER ' s preliminary quences , or procedures of construction , or the safety determinations on such matters before rendering a precautions and programs incident thereto , or for any written decision thereon ( by recommendation of an failure of CONTRACTOR to comply with Laws and Application for Payment or otherwise) . ENGINEER ' s Regulations applicable to the performance of the written decision thereon will be final and binding Work. ENGINEER will not be responsible for (except as modified by ENGINEER to reflect changed CONTRACTOR ' s failure to perform the Work in factual conditions or more accurate data ) upon accordance with the Contract Documents . OWNER and CONTRACTOR , subject to the provisions of paragraph 10 . 05 . C . ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any 9 . 09 Decisions on Requirements of Contract Subcontractor, any Supplier, or of any other individual Documents and Acceptability of Work or entity performing any of the Work. A. ENGINEER will be the initial interpreter of the D . ENGINEER ' s review of the final Application requirements of the Contract Documents and judge of for Payment and accompanying documentation and the acceptability of the Work thereunder. Claims , all maintenance and operating instructions , disputes and other matters relating to the acceptability schedules , guarantees , Bonds , certificates of of the Work , the quantities and classifications of Unit inspection , tests and approvals , and other documen - Price Work , the interpretation of the requirements of tation required to be delivered by paragraph 14 . 07 . A 00700 - General Conditions REV 04-07 . doc 00700 - 28 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc will only be to determine generally that their content parties , including any undisputed sum or complies with the requirements of, and in the case of amount of time for Work actually performed in certificates of inspections , tests , and approvals that accordance with a Work Change Directive ; and the results certified indicate compliance with , the Contract Documents . 3 , changes in the Contract Price or Contract Times which embody the substance E . The limitations upon authority and responsi- of any written decision rendered by bility set forth in this paragraph 9 . 10 shall also apply to ENGINEER pursuant to paragraph 10 . 05 ; ENGINEER ' s Consultants , Resident Project Repre- provided that, in lieu of executing any such sentative , and assistants . Change Order, an appeal may be taken from any such decision in accordance with the ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS provisions of the Contract Documents and applicable Laws and Regulations , but during any such appeal , CONTRACTOR shall carry 10 . 01 Authorized Changes in the Work on the Work and adhere to the progress A. Without invalidating the Agreement and schedule as provided in paragraph 6 . 18 . A. without notice to any surety, OWNER may, at any 10 . 04 Notification to Surety time or from time to time , order additions , deletions , or revisions in the Work by a Written Amendment, a A. If notice of any change affecting the general Change Order, or a Work Change Directive. Upon scope of the Work or the provisions of the Contract receipt of any such document, CONTRACTOR shall Documents ( including , but not limited to, Contract promptly proceed with the Work involved which will be Price or Contract Times) is required by the provisions performed under the applicable conditions of the of any Bond to be given to a surety , the giving of any Contract Documents (except as otherwise specifically such notice will be CONTRACTOR 's responsibility. provided ) . The amount of each applicable Bond will be adjusted B . If OWNER and CONTRACTOR are unable to reflect the effect of any such change . to agree on entitlement to, or on the amount or extent , 10 . 05 Claims and Disputes if any, of an adjustment in the Contract Price or Contract Times , or both , that should be allowed as a A. Notice: Written notice stating the general result of a Work Change Directive , a Claim may be nature of each Claim , dispute , or other matter shall be made therefor as provided in paragraph 10 . 05 . delivered by the claimant to ENGINEER and the other party to the Contract promptly ( but in no event later 10 . 02 Unauthorized Changes in the Work than 30 days) after the start of the event giving rise thereto . Notice of the amount or extent of the Claim , A. CONTRACTOR shall not be entitled to an dispute , or other matter with supporting data shall be increase in the Contract Price or an extension of the delivered to the ENGINEER and the other party to the Contract Times with respect to any work performed Contract within 60 days after the start of such event that is not required by the Contract Documents as ( unless ENGINEER allows additional time for amended , modified , or supplemented as provided in claimant to submit additional or more accurate data in paragraph 3 . 04 , except in the case of an emergency support of such Claim , dispute , or other matter) . A as provided in paragraph 6 . 16 or in the case of Claim for an adjustment in Contract Price shall be uncovering Work as provided in paragraph 13 . 04 . 13 , prepared in accordance with the provisions of paragraph 12 . 01 . 13 . A Claim for an adjustment in 10 . 03 Execution of Change Orders Contract Time shall be prepared in accordance with the provisions of paragraph 12 . 02 . 13 . Each Claim A. OWNER and CONTRACTOR shall execute shall be accompanied by claimant's written statement appropriate Change Orders recommended by ENGI - that the adjustment claimed is the entire adjustment NEER (or Written Amendments) covering : to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any 1 . changes in the Work which are : ( i ) response to ENGINEER and the claimant within 30 ordered by OWNER pursuant to paragraph days after receipt of the claimant' s last submittal 10 . 01 . A, ( ii ) required because of acceptance of ( unless ENGINEER allows additional time) . defective Work under paragraph 13 . 08 . A or OWNER ' s correction of defective Work under B . ENGINEER 's Decision: ENGINEER will paragraph 13 . 09 , or ( iii ) agreed to by the render a formal decision in writing within 30 days after parties ; receipt of the last submittal of the claimant or the last submittal of the opposing party , if any . ENGINEER ' s 2 , changes in the Contract Price or written decision on such Claim , dispute , or other Contract Times which are agreed to by the 00700 General Conditions REV 04-07. doc 00700 - 29 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc matter will be final and binding upon OWNER and 1 . Payroll costs for employees in the CONTRACTOR unless : direct employ of CONTRACTOR in the perfor- mance of the Work under schedules of job 1 . an appeal from ENGINEER 's classifications agreed upon by OWNER and decision is taken within the time limits and in CONTRACTOR . Such employees shall accordance with the dispute resolution include without limitation superintendents , procedures set forth in Article 16 ; or foremen , and other personnel employed full time at the Site . Payroll costs for employees 2 , if no such dispute resolution not employed full time on the Work shall be procedures have been set forth in Article 16 , a apportioned on the basis of their time spent on written notice of intention to appeal from the Work . Payroll costs shall include , but not ENGINEER 's written decision is delivered by be limited to, salaries and wages plus the cost OWNER or CONTRACTOR to the other and to of fringe benefits , which shall include social ENGINEER within 30 days after the date of security contributions , unemployment, excise , such decision , and a formal proceeding is and payroll taxes , workers' compensation , instituted by the appealing party in a forum of health and retirement benefits , bonuses , sick competent jurisdiction within 60 days after the leave , vacation and holiday pay applicable date of such decision or within 60 days after thereto. The expenses of performing Work Substantial Completion , whichever is later outside of regular working hours , on Saturday , ( unless otherwise agreed in writing by OWNER Sunday, or legal holidays , shall be included in and CONTRACTOR) , to exercise such rights the above to the extent authorized by OWNER . or remedies as the appealing party may have with respect to such Claim , dispute , or other 2 . Cost of all materials and equipment matter in accordance with applicable Laws and furnished and incorporated in the Work, includ- Regulations, ing costs of transportation and storage thereof, and Suppliers ' field services required in C . If ENGINEER does not render a formal connection therewith . All cash discounts shall decision in writing within the time stated in paragraph accrue to CONTRACTOR unless OWNER 10 . 05 . 13 , a decision denying the Claim in its entirety deposits funds with CONTRACTOR with which shall be deemed to have been issued 31 days after to make payments , in which case the cash receipt of the last submittal of the claimant or the last discounts shall accrue to OWNER . All trade submittal of the opposing party , if any, discounts , rebates and refunds and returns from sale of surplus materials and equipment D . No Claim for an adjustment in Contract Price shall accrue to OWNER , and CONTRACTOR or Contract Times (or Milestones) will be valid if not shall make provisions so that they may be submitted in accordance with this paragraph 10 . 05 . obtained . 3 . Payments made by CONTRACTOR ARTICLE 11 - COST OF THE WORK; CASH to Subcontractors for Work performed by ALLOWANCES ; UNIT PRICE WORK Subcontractors . If required by OWNER , COW TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and 11 . 01 Cost of the Work CONTRACTOR and shall deliver such bids to OWNER , who will then determine , with the A . Costs Included: The term Cost of the Work advice of ENGINEER , which bids , if any, will be means the sum of all costs necessarily incurred and acceptable . If any subcontract provides that paid by CONTRACTOR in the proper performance of the Subcontractor is to be paid on the basis of the Work . When the value of any Work covered by a Cost of the Work plus a fee , the Change Order or when a Claim for an adjustment in Subcontractor' s Cost of the Work and fee shall Contract Price is determined on the basis of Cost of be determined in the same manner as the Work , the costs to be reimbursed to CONTRACTOR ' s Cost of the Work and fee as CONTRACTOR will be only those additional or provided in this paragraph 11 . 01 . incremental costs required because of the change in the Work or because of the event giving rise to the 4 . Costs of special consultants Claim . Except as otherwise may be agreed to in ( including but not limited to engineers , writing by OWNER , such costs shall be in amounts architects , testing laboratories , surveyors , no higher than those prevailing in the locality of the attorneys , and accountants) employed for Project, shall include only the following items , and services specifically related to the Work. shall not include any of the costs itemized in para- graph 11 . 01 . 13 . 5 . Supplemental costs including the following : 00700 - General Conditions REV 04-07. doc 00700 - 30 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert ReplacementsWdmim\bid documents\00700 - General Conditions REV 04-07. doc . The cost a . The proportion of necessary trans- facil ties at he Site . of utilities , fuel , and sanitary portation , travel , and subsistence expenses of CONTRACTOR ' s employees incurred in dis- h . Minor expenses such as telegrams , charge of duties connected with the Work , long distance telephone calls , telephone service at the Site , expressage , and similar b. Cost, including transportation and petty cash items in connection with the Work. maintenance , of all materials , supplies , equip- ment , machinery , appliances , office , and i . When the Cost of the Work is used temporary facilities at the Site , and hand tools to determine the value of a Change Order or of not owned by the workers , which are a Claim , the cost of premiums for additional consumed in the performance of the Work , Bonds and insurance required because of the and cost, less market value , of such items changes in the Work or caused by the event used but not consumed which remain the giving rise to the Claim , property of CONTRACTOR . j . When all the Work is performed on the C, Rentals of all construction equip- basis of cost-plus , the costs of premiums for all ment and machinery , and the parts thereof Bonds and insurance CONTRACTOR is whether rented from CONTRACTOR or others required by the Contract Documents to in accordance with rental agreements purchase and maintain , approved by OWNER with the advice of ENGINEER , and the costs of transportation , B . Costs Excluded: The term Cost of the Work loading , unloading , assembly, dismantling , and shall not include any of the following items : removal thereof. All such costs shall be in accordance with the terms of said rental agree- 1 . Payroll costs and other ments . The rental of any such equipment, ma- compensation of CONTRACTOR 's officers , chinery , or parts shall cease when the use executives , principals (of partnerships and sole thereof is no longer necessary for the Work, proprietorships) , general managers , engineers , architects , estimators , attorneys , auditors , d . Sales , consumer, use , and other accountants , purchasing and contracting similar taxes related to the Work, and for which agents , expediters , timekeepers , clerks , and CONTRACTOR is liable , imposed by Laws other personnel employed by CONTRACTOR , and Regulations , whether at the Site or in CONTRACTOR Is principal or branch office for general e . Deposits lost for causes other than administration of the Work and not specifically negligence of CONTRACTOR , any Sub- included in the agreed upon schedule of job contractor, or anyone directly or indirectly classifications referred to in paragraph employed by any of them or for whose acts any 11 . 01 . AA or specifically covered by paragraph of them may be liable , and royalty payments 11 . 01 . A. 4 , all of which are to be considered and fees for permits and licenses , administrative costs covered by the f. Losses and damages (and related CONTRACTOR ' s fee . expenses) caused by damage to the Work, not 2 . Expenses of CONTRACTOR ' s compensated by insurance or otherwise , sus- principal and branch offices other than tained by CONTRACTOR in connection with CONTRACTOR ' s office at the Site , the performance of the Work (except losses and damages within the deductible amounts of 3 . Any part of CONTRACTOR ' s capital property insurance established in accordance expenses , including interest on with paragraph 5 . 06 . D ) , provided such losses CONTRACTOR ' s capital employed for the and damages have resulted from causes other Work and charges against CONTRACTOR for than the negligence of CONTRACTOR , any delinquent payments . Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any 4 . Costs due to the negligence of CON - of them may be liable . Such losses shall TRACTOR , any Subcontractor, or anyone include settlements made with the written directly or indirectly employed by any of them consent and approval of OWNER . No such or for whose acts any of them may be liable , losses , damages , and expenses shall be including but not limited to , the correction of included in the Cost of the Work for the defective Work , disposal of materials or purpose of determining CONTRACTOR ' s fee . equipment wrongly supplied , and making good any damage to property. 00700 - General Conditions REV 04-07 . doc 00700 - 31 F: \Public Works\ENGINEERING DIVISION PROJECTS\1142-Mise Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 5 . Other overhead or general expense as indicated in the Agreement. The estimated costs of any kind and the costs of any item not quantities of items of Unit Price Work are not guaran - specifically and expressly included in teed and are solely for the purpose of comparison of paragraphs 11 . 01 . A and 11 . 01 . 6 . Bids and determining an initial Contract Price . Deter- minations of the actual quantities and classifications C . CONTRACTOR 's Fee: When all the Work is of Unit Price Work performed by CONTRACTOR will performed on the basis of cost-plus , be made by ENGINEER subject to the provisions of CONTRACTOR 's fee shall be determined as set forth paragraph 9 . 08 , in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an B . Each unit price will be deemed to include an adjustment in Contract Price is determined on the amount considered by CONTRACTOR to be ade- basis of Cost of the Work, CONTRACTOR ' s fee shall quate to cover CONTRACTOR 's overhead and profit be determined as set forth in paragraph 12 . 01 . C . for each separately identified item . D . Documentation: Whenever the Cost of the C . OWNER or CONTRACTOR may make a Work for any purpose is to be determined pursuant to Claim for an adjustment in the Contract Price in paragraphs 11 . 01 . A and 11 . 01 . 6 , CONTRACTOR will accordance with paragraph 10 . 05 if: establish and maintain records thereof in accordance with generally accepted accounting practices and 1 . the quantity of any item of Unit Price submit in a form acceptable to ENGINEER an Work performed by CONTRACTOR differs itemized cost breakdown together with supporting materially and significantly from the estimated data . quantity of such item indicated in the 11 . 02 Cash Allowances Agreement; and 2 , there is no corresponding adjustment A. It is understood that CONTRACTOR has in - with respect any other item of Work ; and cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work 3 . if CONTRACTOR believes that so covered to be performed for such sums as may be CONTRACTOR is entitled to an increase in acceptable to OWNER and ENGINEER . Contract Price as a result of having incurred CONTRACTOR agrees that: additional expense or OWNER believes that OWNER is entitled to a decrease in Contract 1 . the allowances include the cost to Price and the parties are unable to agree as to CONTRACTOR ( less any applicable trade the amount of any such increase or decrease . discounts) of materials and equipment required by the allowances to be delivered at the Site , and all applicable taxes ; and ARTICLE 12 - CHANGE OF CONTRACT PRICE , CHANGE OF CONTRACT TIMES 2 . CONTRACTOR ' s costs for unloading and handling on the Site , labor, installation costs, overhead , profit, and other 12 . 01 Change of Contract Price expenses contemplated for the allowances have been included in the Contract Price and A. The Contract Price may only be changed by not in the allowances , and no demand for ad & a Change Order or by a Written Amendment. Any tional payment on account of any of the forego- Claim for an adjustment in the Contract Price shall be ing will be valid . based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the B . Prior to final payment, an appropriate Change Contract in accordance with the provisions of para- Order will be issued as recommended by ENGINEER graph 10 . 05 , to reflect actual amounts due CONTRACTOR on account of Work covered by allowances , and the B . The value of any Work covered by a Change Contract Price shall be correspondingly adjusted . Order or of any Claim for an adjustment in the Contract Price will be determined as follows : 11 . 03 Unit Price Work 1 . where the Work involved is covered A. Where the Contract Documents provide that by unit prices contained in the Contract all or part of the Work is to be Unit Price Work , initially Documents , by application of such unit prices the Contract Price will be deemed to include for all to the quantities of the items involved ( subject Unit Price Work an amount equal to the sum of the to the provisions of paragraph 11 . 03 ) ; or unit price for each separately identified item of Unit Price Work times the estimated quantity of each item 00700 - General Conditions REV 04-07 . doc 00700 - 32 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsWdmim\bid documents\00700 - General Conditions REV 04-07. doc 2 . where the Work involved is not cov. f. when both additions and credits are ered by unit prices contained in the Contract involved in any one change , the adjustment Documents , by a mutually agreed lump sum in CONTRACTOR ' s fee shall be computed (which may include an allowance for overhead on the basis of the net change in and profit not necessarily in accordance with accordance with paragraphs 12 . 01 . C . 2 . a paragraph 12 . 01 . C . 2 ) ; or through 12 . 01 . C . 2 . e , inclusive . 3 , where the Work involved is not cov- 12 . 02 Change of Contract Times ered by unit prices contained in the Contract Documents and agreement to a lump sum is A. The Contract Times (or Milestones) may only not reached under paragraph 12 . 01 . 8 . 2 , on the be changed by a Change Order or by a Written basis of the Cost of the Work (determined as Amendment. Any Claim for an adjustment in the provided in paragraph 11 . 01 ) plus a Contract Times (or Milestones) shall be based on CONTRACTOR ' s fee for overhead and profit written notice submitted by the party making the claim (determined as provided in paragraph to the ENGINEER and the other party to the Contract 12 . 01 . C ) , in accordance with the provisions of paragraph 10 . 05 . C . CONTRACTOR 's Fee: The B . Any adjustment of the Contract Times (or CONTRACTOR ' s fee for overhead and profit shall be Milestones ) covered by a Change Order or of any determined as follows : Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the 1 . a mutually acceptable fixed fee ; or provisions of this Article 12 . 2 , if a fixed fee is not agreed upon , then 12 . 03 Delays Beyond CONTRACTOR 's Control a fee based on the following percentages of the various portions of the Cost of the Work : A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract a , for costs incurred under para- Times (or Milestones ) due to delay beyond the control graphs 11 . 01 . A. 1 and 11 . 01 . A. 2 , the of CONTRACTOR , the Contract Times (or CONTRACTOR 's fee shall be 15 percent; Milestones ) will be extended in an amount equal to the time lost due to such delay if a Claim is made b , for costs incurred under paragraph therefor as provided in paragraph 12 . 02 . A. Delays 11 . 01 . A . 3 , the CONTRACTOR 's fee shall beyond the control of CONTRACTOR shall include , be five percent; but not be limited to , acts or neglect by OWNER , acts or neglect of utility owners or other contractors C, where one or more tiers of subcon- performing other work as contemplated by Article 7 , tracts are on the basis of Cost of the Work fires , floods , epidemics , abnormal weather conditions , plus a fee and no fixed fee is agreed upon , or acts of God , the intent of paragraph 12 . 01 . C . 2 . a is that the Subcontractor who actually performs 12 . 04 Delays Within CONTRACTOR 's Control the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such A. The Contract Times (or Milestones) will not Subcontractor under paragraphs 11 . 01 . AA be extended due to delays within the control of and 11 . 01 . A. 2 and that any higher tier CONTRACTOR . Delays attributable to and within the Subcontractor and CONTRACTOR will control of a Subcontractor or Supplier shall be each be paid a fee of five percent of the deemed to be delays within the control of CONTRAC. amount paid to the next lower tier Subcon- TOR . tractor; 12 . 05 Delays Beyond OWNER 's and d . no fee shall be payable on the CONTRACTOR 's Control basis of costs itemized under paragraphs 11 . 01 . A. 4 , 11 . 01 . A. 5 , and 11 . 01 . B ; A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract e , the amount of credit to be allowed Times (or Milestones) due to delay beyond the control by CONTRACTOR to OWNER for any of both OWNER and CONTRACTOR , an extension change which results in a net decrease in of the Contract Times (or Milestones) in an amount cost will be the amount of the actual net equal to the time lost due to such delay shall be decrease in cost plus a deduction in CONTRACTOR ' s sole and exclusive remedy for such CONTRACTOR 's fee by an amount equal delay . to five percent of such net decrease ; and 00700 - General Conditions REV 04-07. doc 00700 - 33 F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc 12 . 06 Delay Damages B . OWNER shall empley and pay fGF the A . In no event shall OWNER or ENGINEER be Ges of an independent testing labaratery to liable to CONTRACTOR , any Subcontractor, any Supplier, or any other person or organization , or to by the Q0RtFaGt DOGUFAents eXiGept. any surety for or employee or agent of any of them , for damages arising out of or resulting from : Govered by paragraphs 13 , 03 , G and 13 , 03 , D 1 . delays caused by or within the below; control of CONTRACTOR ; or 2 , that Gc) stG ' RGUFred in Gennel3tion we 2 . delays beyond the control of both OWNER and CONTRACTOR including but not paFagraph 13 . 04 . 13 shall be paid as provided in limited to fires , floods , epidemics , abnormal said paFagFaph 13 . 04 . 13 ; and weather conditions , acts of God , or acts or neglect by utility owners or other contractors performing other work as contemplated by the Gontral3t DOGUrnentls , Article 7 , C . If Laws or Regulations of any public body B . Nothing in this paragraph 12 . 06 bars a having jurisdiction require any Work (or part thereof) change in Contract Price pursuant to this Article 12 to specifically to be inspected , tested , or approved by an compensate CONTRACTOR due to delay, employee or other representative of such public body, interference , or disruption directly attributable to CONTRACTOR shall assume full responsibility for actions or inactions of OWNER or anyone for whom arranging and obtaining such inspections , tests , or OWNER is responsible . approvals , pay all costs in connection therewith , and furnish ENGINEER the required certificates of inspec- ARTICLE 13 - TESTS AND INSPECTIONS ; tion or approval . CORRECTION , REMOVAL OR ACCEPTANCE OF D . CONTRACTOR shall be responsible for DEFECTIVE WORK arranging and obtaining and shall pay all costs in connection with any inspections , tests , or approvals required for OWNER Is and ENGINEER ' s acceptance 13 . 01 Notice of Defects of materials or equipment to be incorporated in the Work; or acceptance of materials , mix designs , or A. Prompt notice of all defective Work of which equipment submitted for approval prior to OWNER or ENGINEER has actual knowledge will be CONTRACTOR ' s purchase thereof for incorporation given to CONTRACTOR . All defective Work may be in the Work . Such inspections , tests , or approvals rejected , corrected , or accepted as provided in this shall be performed by organizations acceptable to Article 13 . OWNER and ENGINEER . 13 . 02 Access to Work E . If any Work (or the work of others) that is to be inspected , tested , or approved is covered by LON - A. OWNER , ENGINEER , ENGINEER ' s Con - TRACTOR without written concurrence of ENGk sultants , other representatives and personnel of NEER , it must, if requested by ENGINEER , be uncov- OWNER , independent testing laboratories , and ered for observation . governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable F . Uncovering Work as provided in paragraph times for their observation , inspecting , and testing . 13 . 03 . E shall be at CONTRACTOR ' s expense unless CONTRACTOR shall provide them proper and safe CONTRACTOR has given ENGINEER timely notice conditions for such access and advise them of of CONTRACTOR ' s intention to cover the same and CONTRACTOR ' s Site safety procedures and ENGINEER has not acted with reasonable prompt- programs so that they may comply therewith as ness in response to such notice . applicable . 13 . 04 Uncovering Work 13 . 03 Tests and Inspections A. If any Work is covered contrary to the written A . CONTRACTOR shall give ENGINEER timely request of ENGINEER , it must , if requested by ENGk notice of readiness of the Work for all required NEER , be uncovered for ENGINEER ' s observation inspections , tests , or approvals and shall cooperate and replaced at CONTRACTOR ' s expense . with inspection and testing personnel to facilitate required inspections or tests . 00700 - General Conditions REV 04-07 doc 00700 - 34 F \Public Warks\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documenls\00700 - General Conditions REV 04-07 doc B . If ENGINEER considers it necessary or 13 . 06 Correction or Removal of Defective Work advisable that covered Work be observed by ENGI . NEER or inspected or tested by others , CONTRAC - A. CONTRACTOR shall correct all defective TOR , at ENGINEER ' s request, shall uncover, expose , Work , whether or not fabricated , installed , or or otherwise make available for observation , inspec- completed , or, if the Work has been rejected by tion , or testing as ENGINEER may require , that ENGINEER , remove it from the Project and replace it portion of the Work in question , furnishing all neces- with Work that is not defective . CONTRACTOR shall sary labor, material , and equipment. If it is found that pay all Claims , costs , losses , and damages ( including such Work is defective , CONTRACTOR shall pay all but not limited to all fees and charges of engineers , Claims , costs , losses , and damages ( including but not architects , attorneys , and other professionals and all limited to all fees and charges of engineers , court or arbitration or other dispute resolution costs) architects , attorneys , and other professionals and all arising out of or relating to such correction or removal court or arbitration or other dispute resolution costs) ( including but not limited to all costs of repair or arising out of or relating to such uncovering , replacement of work of others) , exposure , observation , inspection , and testing , and of satisfactory replacement or reconstruction ( including 13 . 07 Correction Period but not limited to all costs of repair or replacement of work of others) ; and OWNER shall be entitled to an A. If within one year after the date of Substantial appropriate decrease in the Contract Price . If the Completion or such longer period of time as may be parties are unable to agree as to the amount thereof, prescribed by Laws or Regulations or by the terms of OWNER may make a Claim therefor as provided in any applicable special guarantee required by the paragraph 10 . 05 . If, however, such Work is not found Contract Documents or by any specific provision of to be defective , CONTRACTOR shall be allowed an the Contract Documents , any Work is found to be increase in the Contract Price or an extension of the defective , or if the repair of any damages to the land Contract Times (or Milestones ) , or both , directly or areas made available for CONTRACTOR ' s use by attributable to such uncovering , exposure , OWNER or permitted by Laws and Regulations as observation , inspection , testing , replacement, and contemplated in paragraph 6 . 11 . A is found to be reconstruction . If the parties are unable to agree as defective , CONTRACTOR shall promptly, without to the amount or extent thereof, CONTRACTOR may cost to OWNER and in accordance with OWNER ' s make a Claim therefor as provided in paragraph written instructions : ( i ) repair such defective land or 10 . 05 , areas , or ( ii ) correct such defective Work or, if the defective Work has been rejected by OWNER , 13 . 05 OWNER May Stop the Work remove it from the Project and replace it with Work that is not defective , and ( iii ) satisfactorily correct or A, if the VVGFk is defBiGtive , 9F CONTRACTOR, repair or remove and replace any damage to other Work, to the work of others or other land or areas materials 9F equipment, oF fails to peFforirn the WoF resulting therefrom . If CONTRACTOR does not +e GUGh a way that the GGITIpleteed Work Will GonfGrm to promptly comply with the terms of such instructions , the GentFaGt DOGUMeRtS , OWNER may erder CON or in an emergency where delay would cause serious risk of loss or damage , OWNER may have the until until the Ga se fnr S inh nrdeF has been el ' m ' + di defective Work corrected or repaired or may have the i urc hewever, this right of OWNER to step the Work shall rejected Work removed and replaced , and all Claims , not give rose to any duty on the part of UAINFR to costs , losses , and damages ( including but not limited exeFGi6e this right for the benefit of CONTRACTOR , to all fees and charges of engineers , architects , aRy SublGentraGtOF, any SupplieF, any other individual attorneys , and other professionals and all court or 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 , 00700 - General Conditions REV 04-07 . doc 00700 - 35 F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Mist Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 doc the correction period hereunder with respect to such related thereto , take possession of CONTRACTOR ' s Work will be extended for an additional period of one tools , appliances , construction equipment and year after such correction or removal and re- machinery at the Site , and incorporate in the Work all placement has been satisfactorily completed , materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which D . CONTRACTOR ' s obligations under this are stored elsewhere . CONTRACTOR shall allow paragraph 13 . 07 are in addition to any other obligation OWNER , OWNER ' s representatives , agents and or warranty . The provisions of this paragraph 13 . 07 employees , OWNER Is other contractors , and ENGI - shall not be construed as a substitute for or a waiver NEER and ENGINEER ' s Consultants access to the of the provisions of any applicable statute of limitation Site to enable OWNER to exercise the rights and or repose . remedies under this paragraph . 13 . 08 Acceptance of Defective Work C . All Claims , costs , losses , and damages ( including but not limited to all fees and charges of A. If, instead of requiring correction or removal engineers , architects , attorneys , and other and replacement of defective Work , OWNER (and , professionals and all court or arbitration or other prior to ENGINEER ' s recommendation of final pay- dispute resolution costs) incurred or sustained by ment, ENGINEER ) prefers to accept it, OWNER may OWNER in exercising the rights and remedies under do so . CONTRACTOR shall pay all Claims , costs , this paragraph 13 . 09 will be charged against CON . losses , and damages ( including but not limited to all TRACTOR , and a Change Order will be issued fees and charges of engineers , architects , attorneys , incorporating the necessary revisions in the Contract and other professionals and all court or arbitration or Documents with respect to the Work ; and OWNER other dispute resolution costs) attributable to shall be entitled to an appropriate decrease in the OWNER ' s evaluation of and determination to accept Contract Price . If the parties are unable to agree as such defective Work (such costs to be approved by to the amount of the adjustment, OWNER may make ENGINEER as to reasonableness) and the a Claim therefor as provided in paragraph 10 . 05 . diminished value of the Work to the extent not Such claims , costs , losses and damages will include otherwise paid by CONTRACTOR pursuant to this but not be limited to all costs of repair, or replacement sentence . If any such acceptance occurs prior to of work of others destroyed or damaged by ENGINEER 's recommendation of final payment, a correction , removal , or replacement of Change Order will be issued incorporating the CONTRACTOR 's defective Work, necessary revisions in the Contract Documents with respect to the Work , and OWNER shall be entitled to D . CONTRACTOR shall not be allowed an an appropriate decrease in the Contract Price , extension of the Contract Times (or Milestones) reflecting the diminished value of Work so accepted . because of any delay in the performance of the Work If the parties are unable to agree as to the amount attributable to the exercise by OWNER of OWNER 's thereof, OWNER may make a Claim therefor as rights and remedies under this paragraph 13 . 09 . provided in paragraph 10 . 05 . If the acceptance occurs after such recommendation , an appropriate amount will be paid by CONTRACTOR to OWNER . ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 13 . 09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable 14 . 01 Schedule of Values time after written notice from ENGINEER to correct defective Work or to remove and replace rejected A. The schedule of values established as Work as required by ENGINEER in accordance with provided in paragraph 2 . 07 . A will serve as the basis paragraph 13 . 06 . A, or if CONTRACTOR fails to for progress payments and will be incorporated into a perform the Work in accordance with the Contract form of Application for Payment acceptable to ENGI - Documents , or if CONTRACTOR fails to comply with NEER . Progress payments on account of Unit Price any other provision of the Contract Documents , Work will be based on the number of units completed . OWNER may, after seven days written notice to CONTRACTOR , correct and remedy any such 14 . 02 Progress Payments deficiency. B . In exercising the rights and remedies under A. Applications for Payments this paragraph , OWNER shall proceed expeditiously. 1 . At least 20 days before the date In connection with such corrective and remedial established for each progress payment ( but not action , OWNER may exclude CONTRACTOR from more often than once a month ) , all or part of the Site , take possession of all or part of CONTRACTOR shall submit to ENGINEER for the Work and suspend CONTRACTOR 's services review an Application for Payment filled out 00700 - General Conditions REV 04-07. doc 00700 - 36 F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsMmim\bid documents\00700 - General Conditions REV 04-07 . doc and signed by CONTRACTOR covering the b , the quality of the Work is generally in Work completed as of the date of the accordance with the Contract Documents Application and accompanied by such sup- ( subject to an evaluation of the Work as a porting documentation as is required by the functioning whole prior to or upon Contract Documents . If payment is requested Substantial Completion , to the results of on the basis of materials and equipment not any subsequent tests called for in the incorporated in the Work but delivered and Contract Documents , to a final deter- suitably stored at the Site or at another location mination of quantities and classifications for agreed to in writing , the Application for Unit Price Work under paragraph 9 . 08 , and Payment shall also be accompanied by a bill of to any other qualifications stated in the sale , invoice , or other documentation recommendation ) ; and warranting that OWNER has received the materials and equipment free and clear of all c . The conditions precedent to Liens and evidence that the materials and CONTRACTOR 's being entitled to such equipment are covered by appropriate property payment appear to have been fulfilled in so insurance or other arrangements to protect far as it is ENGINEER ' s responsibility to OWNER 's interest therein , all of which must be observe the Work , satisfactory to OWNER . 3 . By recommending any such 2 . Beginning with the second payment ENGINEER will not thereby be Application for Payment, each Application shall deemed to have represented that: ( i ) inspec- include an affidavit of CONTRACTOR stating tions made to check the quality or the quantity that all previous progress payments received of the Work as it has been performed have on account of the Work have been applied on been exhaustive , extended to every aspect of account to discharge CONTRACTOR ' s the Work in progress, or involved detailed legitimate obligations associated with prior inspections of the Work beyond the responsi- Applications for Payment, bilities specifically assigned to ENGINEER in the Contract Documents ; or ( ii) that there may 3 . The amount of retainage with not be other matters or issues between the respect to progress payments will be as parties that might entitle CONTRACTOR to be stipulated in the Agreement, paid additionally by OWNER or entitle OWNER B . Review of Applications to withhold payment to CONTRACTOR . 4 . Neither ENGINEER Is review of 1 . ENGINEER will , within 10 days after CONTRACTOR ' s Work for the purposes of receipt of each Application for Payment, either recommending payments nor ENGINEER Is indicate in writing a recommendation of recommendation of any payment, including payment and present the Application to final payment, will impose responsibility on OWNER or return the Application to ENGINEER to supervise , direct, or control the CONTRACTOR indicating in writing Work or for the means , methods , techniques , ENGINEER 's reasons for refusing to sequences , or procedures of construction , or recommend payment. In the latter case , CON - the safety precautions and programs incident TRACTOR may make the necessary thereto , or for CONTRACTOR ' s failure to corrections and resubmit the Application , comply with Laws and Regulations applicable to CONTRACTOR 's performance of the Work . 2 . ENGINEER ' s recommendation of Additionally , said review or recommendation any payment requested in an Application for will not impose responsibility on ENGINEER to Payment will constitute a representation by make any examination to ascertain how or for ENGINEER to OWNER , based on what purposes CONTRACTOR has used the ENGINEER 's observations on the Site of the moneys paid on account of the Contract Price , executed Work as an experienced and qualk or to determine that title to any of the Work , fied design professional and on ENGINEER' s materials , or equipment has passed to review of the Application for Payment and the OWNER free and clear of any Liens . accompanying data and schedules , that to the best of ENGINEER 's knowledge , information 5 . ENGINEER may refuse to recom- and belief: mend the whole or any part of any payment if, in ENGINEER ' s opinion , it would be incorrect a . the Work has progressed to the point to make the representations to OWNER indicated ; referred to in paragraph 14 . 02 . 6 . 2 . ENGk NEER may also refuse to recommend any such payment or, because of subsequently 00700 37 00700 - General Conditions REV 04-07. doc - F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 . doc discovered evidence or the results of subse- a copy to ENGINEER ) stating the reasons for quent inspections or tests , revise or revoke any such action and promptly pay CONTRACTOR such payment recommendation previously any amount remaining after deduction of the made , to such extent as may be necessary in amount so withheld . OWNER shall promptly ENGINEER ' s opinion to protect OWNER from pay CONTRACTOR the amount so withheld , loss because : or any adjustment thereto agreed to by OWNER and CONTRACTOR , when a . the Work is defective , or completed CONTRACTOR corrects to OWNER 's Work has been damaged , requiring satisfaction the reasons for such action , correction or replacement; 3 . If it is subsequently determined that b . the Contract Price has been reduced OWNER 's refusal of payment was not justified , by Written Amendment or Change Orders ; the amount wrongfully withheld shall be treated as an amount due as determined by paragraph c . OWNER has been required to 14 , 02 , C . 1 , correct defective Work or complete Work in accordance with paragraph 13 . 09 ; or 14 . 03 CONTRACTOR 's Warranty of Title d . ENGINEER has ant, 1p , I Knowle A. CONTRACTOR warrants and guarantees the GGGUrFenGe of any of the events that title to all Work , materials , and equipment cov- enurnemte ered by any Application for Payment, whether incor- porated in the Project or not, will pass to OWNER no C . Payment Becomes Due later than the time of payment free and clear of all Liens . 1 , Ten da s after presentation of th AppliGatiGR foF Payment te OWN 7R with 14 . 04 Substantial Completion ENGIN € € R ' s- reEommendatien , the rnount A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall due will be paid by CANNER to GONTRAG notify OWNER and ENGINEER in writing that the TSR- entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incom- D . Reduction in Payment plete) and request that ENGINEER issue a certificate of Substantial Completion . Promptly thereafter, 1 . OWNER may refuse to make OWNER , CONTRACTOR , and ENGINEER shall payment of the full amount recommended by make an inspection of the Work to determine the ENGINEER because : status of completion . If ENGINEER does not consider the Work substantially complete , a . claims have been made against ENGINEER will notify CONTRACTOR in writing OWNER on account of CONTRACTOR 's giving the reasons therefore . If ENIGI ^IFFR% ^ n ider performance or furnishing of the Work ; b . Liens have been filed in connection of SubstaRtial Completion ;.Aihip- h sh �all fix- the date of with the Work, except where +^ ^ tial Completion There .; hallbe attaGhed to CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the OF GOFFeGted befGFe final payment, CANNFR shall satisfaction and discharge of such Liens ; have 6eveR days after reGeipt of the tentative Pertifi bjeGtiGn to. c, there are other items entitling OWN - ENGINEER as to aRY nrrmv' soons of the .+'F t ER to a set-off against the amount mwo 'recommended ; or -EAIGINEER n^ nGi Irl s th t the WG L Is F k tially GOMplete , ENGINEER well withiR 14 days after d . OWNER has actual knowledge of submis6ion of the tentative G. ertifip.`ate to OWNER the occurrence of any of the events notify CONTRAICTOR a n writing , stating the reasons enumerated in paragraphs 14 . 02 . B . 5 . a therefor If after oensideratien of OWNER ' s through 14 . 02 . B . 5 . c or paragraph 15 . 02 . A. ohjol3+i^ ns ENGINEER .d the , � , , 2 . If OWNER refuses to make payment exeGlUte and delivpr to OWNER ;; nd CONTRACTOR of the full amount recommended by ENGINEER , OWNER must give CONTRACTOR immediate written notice (with 00700 38 00700 - General Conditions REV 04-07. doc - F: \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementMAdmim\bid documents\00700 - General Conditions REV 04-07 . doc will notify OWNER and CONTRACTOR in nons .. ration of any objel3tiORS 40M OWNER Atthe time of deliveFy of the tentative 000eFtifiG ;#P A writing giving the reasons therefor. If ENGINEER considers that part of the Work to -ibgtan +ial Completion ENG- lNrr . i' ll ,_- m� ftz � 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 Safety, and preteGtiGn responsibility in respect thereof and access of the WoFk , maintenairil heat, utilities , insuicanGe , thereto. and wawanties and guarantees , Unless OWNER and GONTRACTOR agree othenvoi.; LQ on writing and see ww 2 . No occupancy or separate operation wow ^ E= GnIn a .+ eF + C G4ilrrn of part of the Work may occur prior to compliance with the requirements of paragraph 5 . 10 regarding property insurance . biRdiRg on " AINIER and " al IM MM,,,, rM lbaMoNAMMI CONTRACTOR mint fin ;; ' paymefiwt, 14 . 06 Final Inspection B . OWNER shall have the right to exclude A. Upon written notice from CONTRACTOR CONTRACTOR from the Site after the date of that the entire Work or an agreed portion thereof is Substantial Completion , but OWNER shall allow complete, ENGINEER will promptly make a final CONTRACTOR reasonable access to complete or inspection with OWNER and CONTRACTOR and will correct items on the tentative list. notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is 14 . 05 Partial Utilization incomplete or defective . CONTRACTOR shall immediately take such measures as are necessary to A. Use by OWNER at OWNER 's option of any complete such Work or remedy such deficiencies . substantially completed part of the Work which has specifically been identified in the Contract Docu - 14 . 07 Final Payment ments , or which OWNER , ENGINEER , and CON - TRACTOR agree constitutes a separately functioning A. Application for Payment and usable part of the Work that can be used by OWNER for its intended purpose without significant 1 . After CONTRACTOR has , in the interference with CONTRACTOR ' s performance of opinion of ENGINEER , satisfactorily completed the remainder of the Work , may be accomplished all corrections identified during the final prior to Substantial Completion of all the Work subject inspection and has delivered , in accordance to the following conditions , with the Contract Documents , all maintenance and operating instructions , schedules , guaran - 1 . OWNER at any time may request tees , Bonds , certificates or other evidence of CONTRACTOR in writing to permit OWNER to insurance certificates of inspection , marked -up use any such part of the Work which OWNER record documents (as provided in paragraph believes to be ready for its intended use and 6 . 12 ) , and other documents , CONTRACTOR substantially complete . If CONTRACTOR may make application for final payment follow. agrees that such part of the Work is ing the procedure for progress payments , substantially complete , CONTRACTOR will certify to OWNER and ENGINEER that such 2 . The final Application for Payment part of the Work is substantially complete and shall be accompanied (except as previously request ENGINEER to issue a certificate of delivered ) by: ( i) all documentation called for in Substantial Completion for that part of the the Contract Documents , including but not Work. CONTRACTOR at any time may notify limited to the evidence of insurance required by OWNER and ENGINEER in writing that subparagraph 5 . 04 . B . 7 ; ( ii ) consent of the CONTRACTOR considers any such part of the surety, if any, to final payment; and ( iii ) Work ready for its intended use and substan- complete and legally effective releases or tially complete and request ENGINEER to waivers (satisfactory to OWNER ) of all Lien issue a certificate of Substantial Completion for rights arising out of or Liens filed in connection that part of the Work . Within a reasonable with the Work , time after either such request, OWNER , CONTRACTOR , and ENGINEER shall make 3 . In lieu of the releases or waivers of an inspection of that part of the Work to Liens specified in paragraph 14 . 07 . A . 2 and as determine its status of completion . If approved by OWNER , CONTRACTOR may ENGINEER does not consider that part of the furnish receipts or releases in full and an Work to be substantially complete , ENGINEER affidavit of CONTRACTOR that: ( i ) the 00700 - General Conditions REV 04-07 . doc 00700 - 39 F .Tublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Hdmim\bid documents\00700 - General Conditions REV 04-07. doc releases and receipts include all labor, Agreement, and if Bonds have been furnished as services , material , and equipment for which a required in paragraph 5 . 01 , the written consent of the Lien could be filed ; and ( ii ) all payrolls , material surety to the payment of the balance due for that and equipment bills , and other indebtedness portion of the Work fully completed and accepted connected with the Work for which OWNER or shall be submitted by CONTRACTOR to ENGINEER OWNER 's property might in any way be with the Application for such payment. Such payment responsible have been paid or otherwise satis- shall be made under the terms and conditions Pied . If any Subcontractor or Supplier fails to governing final payment, except that it shall not furnish such a release or receipt in full , CON - constitute a waiver of Claims . TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify 14 . 09 Waiver of Claims OWNER against any Lien . A. The making and acceptance of final payment B . Review of Application and Acceptance will constitute : 1 . If, on the basis of ENGINEER ' s 1 . a waiver of all Claims by OWNER observation of the Work during construction against CONTRACTOR , except Claims arising and final inspection , and ENGINEER Is review from unsettled Liens , from defective Work of the final Application for Payment and appearing after final inspection pursuant to accompanying documentation as required by paragraph 14 . 06 , from failure to comply with the Contract Documents , ENGINEER is the Contract Documents or the terms of any satisfied that the Work has been completed special guarantees specified therein , or from and CONTRACTOR ' s other obligations under CONTRACTOR 's continuing obligations under the Contract Documents have been fulfilled , the Contract Documents ; and ENGINEER will , within ten days after receipt of the final Application for Payment, indicate in 2 , a waiver of all Claims by CONTRAC- writing ENGINEER' s recommendation of TOR against OWNER other than those payment and present the Application for previously made in writing which are still Payment to OWNER for payment. At the unsettled . same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provi- ARTICLE 15 - SUSPENSION OF WORK AND sions of paragraph 14 . 09 . Otherwise , TERMINATION ENGINEER will return the Application for Payment to CONTRACTOR , indicating in writing the reasons for refusing to recommend 15 . 01 OWNER May Suspend Work final payment, in which case CONTRACTOR shall make the necessary corrections and A. At any time and without cause , OWNER may resubmit the Application for Payment, suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in C . Payment Becomes Due writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - 1 . Thirty daysfter thc�e6eRtat& tG TRACTOR shall resume the Work on the date so QW, IF�= R of the AppliGatilen foF Payment and fixed . CONTRACTOR shall be allowed aR adpast� aGGIGIMpanying the aFnGLIRt ment On the nntrant Drinc ln extension of th tz rornmmeRde J by ENGINEER wdue. (�ill bcnn r! and , when due , will be paid by OWNER te 61JGh 6uspen6ffion if CONTRACTOR =* P1,; 14 . 08 Final Completion Delayed 15 . 02 OWNER May Terminate for Cause A. If, through no fault of CONTRACTOR , final A. The occurrence of any one or more of the completion of the Work is significantly delayed , and if following events will justify termination for cause : ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR ' s final Application for Payment and 1 . CONTRACTOR ' s persistent failure recommendation of ENGINEER , and without to perform the Work in accordance with the terminating the Agreement, make payment of the Contract Documents ( including , but not limited balance due for that portion of the Work fully to , failure to supply sufficient skilled workers or completed and accepted . If the remaining balance to suitable materials or equipment or failure to be held by OWNER for Work not fully completed or adhere to the progress schedule established corrected is less than the retainage stipulated in the 00700 - General Conditions REV 04-07. doc 00700 - 40 F: \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc under paragraph 2 . 07 as adjusted from time to cause and without prejudice to any other right or time pursuant to paragraph 6 . 04 ) ; remedy of OWNER , elect to terminate the Contract. In such case , CONTRACTOR shall be paid (without 2 . CONTRACTOR ' s disregard of Laws duplication of any items) : or Regulations of any public body having jurisdiction ; 1 , for completed and acceptable Work executed in accordance with the Contract 3 . CONTRACTOR 's disregard of the Documents prior to the effective date of authority of ENGINEER ; or termination , including fair and reasonable sums for overhead and profit on such Work ; 4 . CONTRACTOR 's violation in any substantial way of any provisions of the 2 , for expenses sustained prior to the Contract Documents , effective date of termination in performing services and furnishing labor, materials , or B . If one or more of the events identified in equipment as required by the Contract paragraph 15 . 02 . A occur, OWNER may, after giving Documents in connection with uncompleted CONTRACTOR (and the surety, if any) seven days Work , plus fair and reasonable sums for written notice , terminate the services of overhead and profit on such expenses ; CONTRACTOR , exclude CONTRACTOR from the Site , and take possession of the Work and of all 3 , for all claims , costs , losses , and CONTRACTOR 's tools , appliances , construction damages ( including but not limited to all fees equipment, and machinery at the Site , and use the and charges of engineers , architects , same to the full extent they could be used by attorneys , and other professionals and all court CONTRACTOR (without liability to CONTRACTOR or arbitration or other dispute resolution costs) for trespass or conversion ) , incorporate in the Work incurred in settlement of terminated contracts all materials and equipment stored at the Site or for with Subcontractors , Suppliers , and others ; which OWNER has paid CONTRACTOR but which and are stored elsewhere , and finish the Work as OWNER may deem expedient. In such case , 4 , for reasonable expenses directly CONTRACTOR shall not be entitled to receive any attributable to termination . further payment until the Work is finished . If the unpaid balance of the Contract Price exceeds all B . CONTRACTOR shall not be paid on account claims , costs , losses , and damages ( including but not of loss of anticipated profits or revenue or other eco- limited to all fees and charges of engineers , nomic loss arising out of or resulting from such architects , attorneys , and other professionals and all termination , court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to 15 . 04 CONTRACTOR May Stop Work or completing the Work , such excess will be paid to Terminate CONTRACTOR . If such claims , costs , losses , and damages exceed such unpaid balance , A. If, through no act or fault of CONTRACTOR , CONTRACTOR shall pay the difference to OWNER . the Work is suspended for more than 90 consecutive Such claims , costs , losses , and damages incurred by days by OWNER or under an order of court or other OWNER will be reviewed by ENGINEER as to their public authority , or ENGINEER fails to act on any reasonableness and , when so approved by Application for Payment within 30 days after it is ENGINEER , incorporated in a Change Order. When submitted , 9F OWNER fails for 30 days to pay QQN� exercising any rights or remedies under this TRACTOR any sum finally deteFrnined tG be due, paragraph OWNER shall not be required to obtain the then CONTRACTOR may, upon seven days written lowest price for the Work performed , notice to OWNER and ENGINEER , and provided OWNER or ENGINEER do not remedy such suspen- C . Where CONTRACTOR 's services have been sion or failure within that time , terminate the Contract so terminated by OWNER , the termination will not and recover from OWNER payment on the same affect any rights or remedies of OWNER against terms as provided in paragraph 15 . 03 . In lieu of CONTRACTOR then existing or which may thereafter terminating the Contract and without prejudice to any accrue . Any retention or payment of moneys due other right or remedy, if ENGINEER has failed to act CONTRACTOR by OWNER will not release CON - on an Application for Payment within 30 days after it is TRACTOR from liability . submitted , oF OWNER has failed for 30 days tG pay CONTRACTOR any surn finally determined to be 15 . 03 OWNER May Terminate For Convenience due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER , stop the Work A. Upon seven days written notice to CON - until payment is made of all such amounts due TRACTOR and ENGINEER , OWNER may , without CONTRACTOR , including interest thereon . The 00700 - General Conditions REV 04-07. doc 00700 - 41 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc provisions of this paragraph 15 . 04 are not intended to particular duty, obligation , right, and remedy to which preclude CONTRACTOR from making a Claim under they apply . paragraph 10 . 05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or 17 . 04 Survival of Obligations damage directly attributable to CONTRACTOR 's stopping the Work as permitted by this paragraph . A. All representations , indemnifications , warran - ties , and guarantees made in , required by, or given in accordance with the Contract Documents , as well as ARTICLE 16 - DISPUTE RESOLUTION all continuing obligations indicated in the Contract Documents , will survive final payment, completion , and acceptance of the Work or termination or completion of the Agreement. 16 . 01 Methods and Procedures 17 . 05 Controlling Law A. Dispute resolution methods and procedures , if any , shall be as set forth in the Supplementary A . This Contract is to be governed by the law of Conditions . If no method and procedure has been set the state in which the Project is located , forth , and subject to the provisions of paragraphs 9 . 09 and 10 . 05 , OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute . ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A . Whenever any provision of the Contract Documents requires the giving of written notice , it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known to the giver of the notice . 17 . 02 Computation of Times A. When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and include the last day of such period . If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction , such day will be omitted from the computation . 17 . 03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avaik able hereunder to the parties hereto are in addition to , and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee , or by other provisions of the Contract Documents , and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each 00700 - General Conditions REV 04-07 . doc 00700 - 42 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacemenls\Admim\bid documents\00700 - General Conditions REV 04-07 . doc SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC — 1 . 01 Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Performance , Payment and Other Bonds SC — 5 . 01 Certificates of Insurance SC — 5 . 03 CONTRACTOR ' s Liability Insurance SC — 5 . 04 OWNER ' s Liability Insurance SC — 5 . 05 Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor ; Working Hours SC — 6 . 02 Permits SC — 6 . 06 Test and Inspections SC — 13 . 03 Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 Arbitration SC — 16 . 03 Liens SC — 17 . 06 00800-i 00800 - Supplementary Conditions 06-09 rev . doc 00800 IF \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacemenWAdmim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC - 1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910-8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below . All provisions , which are not so amended or supplemented , remain in full force and effect . The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC - 1 . 01 Defined Terms SC- 1 . 01 . A . 20 . Delete paragraph GC 1 . 01 . A . 20 in its entirety. SC - 1 . 02 Terminology SC - 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC4 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place: D . Furnish, Install, Perform, Provide 1 . The word "furnish " shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install' shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform " or " provide" shall mean to furnish and install services , materials , or equipment complete and ready for intended use . SC -2 . 05 Before Starting Construction SC-2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 , SC -2 . 06 Preconstruction Conference SC-2 . 06 Delete paragraph GC-2. 06. A in its entirety and insert the following paragraph in its place: A . Immediately after awarding the contract , but before the CONTRACTOR begins work , the Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in 00800- 1 00800 - Supplementary Conditions 06-09 rev. doc 00800 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid 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 SC-3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 05: SC - 3 . 06 Coordination of Plans, Specifications, and Special Provisions A . In case of discrepancy , the governing order of the documents shall be as follows : 1 . Written Interpretations 2 , Addenda 3 . Specifications 4 , Supplementary Conditions to the General Conditions 5 , General Conditions 6 , Approved Shop Drawings 7 , Drawings 8 , Referenced Standards . B . Written/computed dimensions shall govern over scaled dimensions . SC -4 . 02 Subsurface and Physical Conditions SC 4 . 02 Add the following new paragraphs immediately after paragraph GC 4. 02. B: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER ' s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : D . Reports and drawings itemized in 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 Documents for execution , the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price . 1 . In lieu of the Public Construction Bond , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check , cashier' s check , irrevocable letter of credit or a security as listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER . 2 . Such Bond shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER . 00800-2 00800 - Supplementary Conditions 06-09 rev. doc 00800 2F :\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacemenWAdmim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc 3 . The CONTRACTOR shall record , the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after it is recorded . The CONTRACTOR shall pay all costs . SC -5 . 03 Certificates of Insurance SC-5 . 03 Delete the second sentence of paragraph GC-5. 03 in its entirety. SC -5 . 04 CONTRACTOR ' s Liability Insurance SC - 5 . 04 Add the following new paragraphs immediately after paragraph GC- 5. 04. 8 : C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker' s Compensation : To meet statutory limits in compliance with the Worker' s Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident , $500 , 000 disease ( policy limit) and $ 100 , 000 disease (each employee ) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee (s ) of the CONTRACTOR . 2 . Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations c . Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C , Non -Owned Autos . 4 . CONTRACTOR ' s "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk" insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER ' s Risk Manager for review and approval . b . " Indian River County Florida " will be named as "Additional Insured " on both the General Liability , Auto Liability and Builder' s Risk "All Risk" Insurance . 00800-3 00800 - Supplementary Conditions 06-09 rev . doc 00800 3F \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid 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 . MEN RNMENEEN 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 paragraphs in their place: A . CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 , include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER 's Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 20 be written on a Builder' s Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . 3 , include expenses incurred in the repair or replacement of any insured property ( including but not limited to fees and charges of engineers and architects) ; 00800-4 00800 - Supplementary Conditions 06-09 rev . doc 00800 41FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert ReplacementsVldmim\bid documents\00800 - Supplementary Conditions 06-09 rev doc 4 . cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 50 allow for partial utilization of the Work by OWNER ; 6 , include testing and startup ; and 7 , be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self- insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions , SC-5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : 1 . The following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR ' s property insurance policies : a . Indian River County , Florida b . Indian River Farms Water Control District C , SC -5. 07 Waiver of Rights SC-5 . 07 Delete GC-5. 07 (paragraphs A, B, and C) in its entirety. SC -5 . 08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. SC-5 . 09 Delete GC-5. 09(paragraph A) in its entirety. SC -6 . 02 Labor ; Working Hours SC -6 . 02 , B . Add the following paragraphs immediately after paragraph GC- 6. 02. B : 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year' s Day , Good Friday , Memorial Day , Independence Day , Labor Day , Veterans Day , Thanksgiving Day , Friday after 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 00800-5 00800 - Supplementary Conditions 06-09 rev . doc 00800 5F \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc 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 9s employees and costs of ENGINEER ' s Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m , except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC-6 . 06 . C . Add the following sentence at the end of paragraph GC-6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity . SC -6 . 08 Permits SC -6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : 1 . The OWNER has obtained the following permits ( copies of these permits are contained in Appendix "A" ) : A . Indian River Farms Water Control District — Permit no . xx -xx 2 . The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER . 3 , The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SCA 103 Test and Inspections SC - 13 . 03 . 6 . 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 00800-6 00800 - Supplementary Conditions 06-09 rev. doc 00800 6F \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert ReplacementsMmim\bid documents\00800 - Supplementary Conditions 06-09 rev doc following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below ; 29 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 GG13. 05. A in its entirety and insert the following paragraph in its place: A . If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment , or fails to comply with permit requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work , or any portion thereof, until the cause for such order has been eliminated ; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR , any Subcontractor, any Supplier, any other individual or entity , or any surety for, or employee or agent of any of them . 14 . 02 Progress Payments SC- 14 . 02 . 13 . 5 . Delete paragraph GG14. 02. B. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A ; or SC- 14 . 02 . 13 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: e . OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . SC- 14 . 02 . C . 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place : C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act , F . S . 218 . 70 et . seq . SC- 14 . 04A . After the third sentence in paragraph GG14. 04A of the General Conditions, delete the remainder of paragraph 14 . 04A in its entirety and replace with the following: 00800-7 00800 - Supplementary Conditions 06-09 rev . doc 00800 7FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev doc " If Engineer considers the Work substantially complete , Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735 ( 7 ) ( a) (2005) , upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete , satisfactory , and acceptable under this Agreement ( herein the " Statutory List " ) . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion . The Owner and Contractor acknowledge and agree that : 1 ) the failure to include any corrective work , or pending items that are not yet completed , on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement ; 2 ) upon completion of all items on the Statutory List , the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement ; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement . After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project . " SC - 14 . 04B Add the following new paragraph immediately after paragraph GC 14. 048: C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security , operation , safety , and protection of the Work , maintenance , heat , utilities , insurance , and warranties and guarantees SC - 14 . 07 Final Payment SC- 14 . 07 . C . 1 . Delete paragraph GG14. 07. C. 1 in its entirety and insert the following paragraph in its place : C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218 . 70 , et . seq . SC -15 . 01 OWNER May Suspend Work SC- 15 . 01 . A Delete the last sentence in paragraph GC45. 01 . A and insert the following in its place : CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension . SC - 15 . 02 OWNER May Terminate For Cause 00800-8 00800 - Supplementary Conditions 06-09 rev. doc 00800 8F :\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc SC - l5 . 02 . A . 5 and SC - l5 . 02 . A . 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4: 5 . CONTRACTOR ' s violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR ' s failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC -15. 04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GG15. 04. A : or OWNER fails foF 30 days to pay CONTRACTOR any sum finally determined to be due , SC- 15 . 04 Delete the following text from the second sentence of paragraph GG15. 04. A : oF OWNER has failed for 30 days to pay GONTRAGTOR any sum f a Rally determined to be due 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 . 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: 00800-9 00800 - Supplementary Conditions 06-09 rev. doc 00800 9F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev. doc " 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 ursuant to Cha ter 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 OF \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\00800 - Supplementary Conditions 06-09 rev.doc SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No . 2012037 Project : Miscellaneous Drainage Culvert Replacements OWNER' s Project No . 1142 ENGINEER Indian River County You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order: Attachments : ( List documents supporting change) CHANGE IN CONTRACT PRICE : Feo CONTRACT TIMES Description Amount Time Original Contract Price $ tract Time : ( days or dates) ubstantial Completion : Final Completion : rNetcrease ( Decrease) from $ Net change from previous Change us Change Orders No . Orders No . to (days ) to Substantial Completion : Final Completion : Contract Price prior to this $ Contract Time prior to this Change Change Order: Order: ( days or dates ) Substantial Completion : Final Completion : Net increase ( decrease ) of this $ Net increase (decrease) this Change Order: Change Order: ( days or dates ) Substantial Completion : Final Completion : Contract Price with all approved $ Contract Time with all approved Change Orders : Change Orders : (days or dates ) Substantial Completion : Final Completion : ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature ) ENGINEER ( Signature) OWNER ( Signature) Date : Date : Date : EEEEEEEEE 00942 - Change Order Form REV 04-07. doc 00942 - 1 F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacemenWAdmim\bid documents\00942 - Change Order Form REV 04-07 . doc Rev. 05/01 SECTION 00946 - Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Bid No , 2012037 Project : Miscellaneous Drainage Culvert Replacements OWNER ' s Project No , 1142 ENGINEER : Indian River Countv Field Activity Description : Reason for Change : Recommended Disposition : Field Operations Officer / Engineer ( Signature ) Date Disposition : Contractor' s Onsite Supervisor ( Signature ) Date Distribution : Field Operations Officer Others as Required : On -site Supervisor Project File * * END OF SECTION 00946 - Field Order Form REV 04-07 . doc FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert ReplacementsWdmim\bid documents\00946 - Field Order Form REV 04-07 . doc SECTION 00948 - Work Change Directive No , DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR : Bid No . 2012037 Project : Miscellaneous Drainage Culvert Replacements OWNER' s Contract No . 1142 ENGINEER : lindian River County You are directed to proceed promptly with the following changes : Description : Purpose of Work Change Directive : Attachments : ( List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents . Method of determining change in Method of determining change in Contract Prices : Contract Times II Unit Prices II Contractor' s Records ❑ Lump Sum ❑ Engineer' s Records ❑ Other: ❑ Other: ❑ By Change Order: II By Change Order: Estimated increase ( decrease ) in Contract Price : Estimated increase ( decrease) in Contract Times : $ Substantial Completion : days ; Ready for Final Completion : days . If the change involves an increase , the estimated If the change involves an increase , the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . ACCEPTED : RECOMMENDED : APPROVED : By : By : By : CONTRACTOR ( Signature) ENGINEER ( Signature) OWNER ( Signature) Date : Date : Date : * * END OF SECTION FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert ReplacementsWdmim \bid documents\00948 - Work Change Directive REV 04-07 . doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO . SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS , PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\DIVISION 1 GENERAL REQUIREMENTS . doc SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Contractor shall 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 , Army Corps of Engineers , Indian River Farms Water Control District , and all other applicable State or Federal agencies ' specifications and permits . In the event of a conflict , the more stringent specification or requirement shall govern . E . Before performing any work outside the designated limits of the work site , Contractor shall 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 F1Public Works\ENGINEERING DIVISION PROJECTS\1142- Misc Culvert Replacements\Admim\bid documents\01009 - Special Provisions . doc SECTION 01024 FORCE ACCOUNT 1 . 1 General CONTRACTOR shall furnish all labor , materials , equipment and incidentals necessary to perform additional work not covered on the Contract Drawings . The force Account is intended as a contingency for unforeseen work . 1_1 PAYMENT A . Lump sum amount for force account work is included in the bid schedule . The value of force account work will be determined in accordance with Article 12 of the General Conditions . + + END OF SECTION + + 01024- 1 F :APublic Works\ENGINEERING DIVISION PROJECTS\ I 142-Misc Culvert Replacements\Admim\bid documents\01024 - Force Account. doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor . Be Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . C . Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work . D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . F . Safeguard all points , stakes , grademarks , monuments and benchmarks made or established on the Work , and reestablish same , if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR . Do no excavation or embankment work until all cross -sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental . No separate payment will be made for surveying or engineering . 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A . Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR ' s acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . 1050 - 1 ri50 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacemenWAdmim\bid documents\01050 - Field Engineering . 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 5 -7 of FDOT Standard Specifications . k + + END OF SECTION + + 1050-2 ri FAPublic Works\ENGINEER ING DIVISION PROJECTSM42-Misc Culvert ReplacementsWdmimlbid documents101050 - Field Engineering. dO Field Engineering 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 PROJECTS\1142 -Misc Culvert Replacements\Admim\bid 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Ndmim\bid documents\01091 - Reference Standards. doc SECTION 01215 GENERAL QUALITY CONTROL 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Specific quality control requirements for the work are indicated throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term " Quality Control ' includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A . Residual OWNER Responsibility : The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests . Be CONTRACTORS General Responsibility : No failure of test agencies , whether engaged by the OWNER or CONTRACTOR , to perform adequate inspections of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR , OWNER , ENGINEER , and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work . The program is not intended to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . 1 . 3 QUALITY ASSURANCE A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre-qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . 1A PRODUCT DELIVERY- STORAGE - HANDLING Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses ( and resulting delays ) , thereby ensuring highest quality results as the performance of the work progresses . Control delivery schedules so as to minimize unnecessary long -term storage at the project site prior to installation . 01215- 1 01215 General Quality Control FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim \bid documents\01215 General Quality .doc 1 . 5 PROJECT PHOTOGRAPHSNIDEOS A . The CONTRACTOR shall make provisions , at his expense , for photographs and video tapes of all work areas just prior to construction , and for unusual conditions during construction . The photographs and videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . B . Pre-Construction Photographs and Video : 1 . Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction . These photographs and videos shall be a standard DVD format and shall be narrated . 2 . The photographs and video shall include , but not be limited to , the following items shown in a clear manner : 1 ) All existing features within the right-of-way . 2 ) All existing features within the temporary construction easement . 3 ) All existing features within permanent easements . 4 ) All existing features adjacent to any construction . 3 . Detail of the photographs and video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . 2 ) Condition of fencing . 3 ) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7 ) Conditions of lighting and associated wiring . 8 ) Significant detail of any pre -existing damages physical features shall be shown . The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers . 9 ) These photographs and video record shall be presented and approved by the Owner prior to the Notice to Proceed . A copy shall be kept in the Contractor' s field office . 10 ) Payment — No additional payment will be made for this work . + + END OF SECTION + + 01215-2 01215 General Quality Control FAPublic Works\ENGINEERING DIVISION PROJECTS\1142 - Misc Culvert ReplacementsWdmim\bid documents\01215 General Quality. doc SECTION 01220 PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . B . Place : CONTRACTOR ' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR B . SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . CONSTRUCTION COORDINATION MANAGER D . OWNER ' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders , 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off-site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220 - 1 01220 Progress Meetings F : \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\01220 - Progress Meetings . doc SECTION 01310 CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . Be Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR ' s schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised ( updated ) progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . Be Show changes occurring since the previous submission listing : 1 . Major changes in scope . 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt . If required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for payment . 01310- 1 01310 Construction Schedule F : \PublicWorks\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Rep lacements\Admim\bid documents\01310 - Construction Schedule . doc 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions ( updated ) to : 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies ) . 5 . ENGINEER B . In the cover letter , instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . + + END OF SECTION + + 01310-2 01310 Construction Schedule F : \PublicWorks\ENGINEERING DIVISION PROJECTS\1142- Misc Culvert Replacements\Admim\bid documents\01310 - Construction Schedule . doc 01340 — Submittal of Shop Drawings 1 . 1 SCOPE A . Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Article 6 . 17 of the General Conditions , Section 00700 , and as described in this Section . 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor , supplier , or distributor , which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Article 6 . 17 , Section 00700 . 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 SAMPLES Samples are physical examples to illustrate materials , equipment , or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Article 6 . 17 , Section 00700 . 01340 - Submittal of Shop Drawings . doc 01340- 1 1= : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert ReplacementsWdmim\bid 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 submittals with the ENGINEER ' s stamp and initials or signature indicating the submittal has been reviewed . 01340 - Submittal of Shop Drawings . doc 01340-2 FAPublic WorksIENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER ' S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Engineering Division 1801 27th Street Vero Beach , FL 32960 Be A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER' S Name 2 . Project Name 3 . Contract Number 4 . Transmittal Number 5 . Section Number D . All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings . doc 01340-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements�Admim\bid documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO . Contractor : Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name : Miscellaneous Drainage Culvert Replacements Project No . : 1142 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description : Sub- Contractor : Remarks : Reviewing Agency : (As checked below) Date Received Date Returned No . Copies Ret' d ❑ I R C Engineering Div . ❑ I R C Utilities Services Remarks : IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No . Copies Ret' d Vero Beach , FI . 32960 Remarks : Distribution of Copies : IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings . doc 01340-4 1= : \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence 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 F1Pub1ic Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\01340 - Submittal of Shop Drawings . doc 01340 — Submittal of Shop Drawings M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P . ENGINEER will review and process all submittals promptly , but a reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved Shop Drawings to CONTRACTOR . Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other items requiring approval , will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER ' S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR . + + END OF SECTION + + 01340 - Submittal of Shop Drawings . doc 01340-6 F \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\01340 - Submittal of Shop Drawings . doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . B . All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses , etc . , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all temporary water lines . 01520 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142- Misc Culvert Replacements\Admim\bid documents\01520 - Construction Facilities . doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Be TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather, spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + 01520-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\01520 - Construction Facilities . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . Be In order to prevent damage , injury or loss , CONTRACTOR ' S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly , safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather , theft , breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately- owned land with men , tools , materials or equipment , except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway , right-of-way , or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset to sunrise , furnish and 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 : \ Public Works\ENGINEERING DIVISION PROJECTS \ 1142 - Misc Culvert Replacements\Admim \bid documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . Be Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run -off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality . I . Coordinate Work in this Section with requirements of other sections herein . 1 . 4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2 ) days . Irrigation systems partially within the right-of-way of 7th Avenue SW , 15th Avenue , 13 h Avenue , 11th Avenue , 25th Street SW and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality . The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right- of-way . 01541 -2 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142 - Misc Culvert Replacements\Admim \bid documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer, water , gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service connections for water , sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR ' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR Is failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR ' s operations in the vicinity of existing utilities or structures , nor for temporary 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 01541 -3 FAPublic Works\ ENGINEERING DIVISION PROJECTS\ 1142 -Misc Culvert Replacements\Admim \bid documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY shall obtain permission from their owner , or shall make suitable arrangement for their disconnection by their owner . 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , restore it to original condition at CONTRACTOR ' s expense . 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the Work , which shall be paid for under the provisions of Article 11 of the General Conditions . Be Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any extension below the surface . Surface structures include , but are not limited to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs , markers , curbs , walks and all other facil - ities that are visible above the ground surface . C . Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury , all underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully , and as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work . CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work , to the satisfaction of the OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR ' S expense . 01541 -4 F : \Public Works\ ENGINEERING DIVISION PROJECTS\ 1142 - Misc Culvert ReplacementsWdmim \bid documents\01541 - Protection of Property . doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may be encountered , whether or not shown on the Drawings . Be Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer . This information is not guaranteed , however , and it shall be this CONTRACTOR ' s responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS , COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . Be The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + 01541 -5 F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142 - Misc Culvert Replace ments\Admim \bid 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 . Be Prevent interference with traffic and the OWNER 's operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR 's operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner . 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . Be All trucks carrying earth shall be covered while moving with an 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 \1142-Misc Culvert Rep lacements\Admim\bid documents\01550 - Access Roads .doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER ' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . 01610- 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\01610 - Transportation and Handling of Materials and Equipment. doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly . G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging . B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment . + + END OF SECTION + + 01610-2 FAPublic Works\ENGINEER ] NG DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\01610 - Transportation and Handling of Materials and Equipment. doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material F :\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsWdmim\bid documents\01611 - Storage of Materials . doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor, equipment , appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . Be Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR 's operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project , unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway , roadside , and landscaping work within any right- of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710- 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsWdmim\bid documents\01710 - Site Cleanup . doc G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer' s directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and /or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710 -2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Hdmim\bid 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 . Be 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\1142-Misc Culvert Replacements\Admim\bid documents\001820 - Post Final Inspection. doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO , 00001 Technical Specifications SECTION NO , 00004 Scope of Work SECTION NO , 00101 Mobilization SECTION NO , 00102 Maintenance of Traffic SECTION NO , 00104 Erosion and Water Pollution Control SECTION NO , 00108 Record Drawings/As- Built Drawings SECTION NO , 00110 Clearing and Grubbing SECTION NO , 00120 Excavation and Embankment SECTION NO . 00160 Stabilization SECTION NO , 00285 Cemented Coquina Shell Base SECTION NO , 00327 Milling Existing Asphaltic Pavement SECTION NO , 00334 Superpave Asphaltic Concrete SECTION NO , 00400 Concrete SECTION NO , 00425 Inlets , Manholes and Junction Boxes SECTION NO , 00430 Pipe Culverts and Storm Sewers SECTION NO . 00520 Concrete Curb & Gutter SECTION NO , 00570 Performance Turf SECTION NO , 00700 Signing and Pavement Markings F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim\bid documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08 . doc SECTION 1 - Technical Specifications STANDARD SPECIFICATIONS A . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2010 , and Supplemental Specification , Special Provisions and addenda thereto , except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc . may refer to the " Owner" , " Department" , " State of Florida Department of Transportation " , or words relating to offices of State Government , such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word " Owner' s Engineer" , " District Engineer" , " Engineer" , " Project Engineer" , etc . , appears , it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department , Engineering Division acting directly or through duly authorized representatives . Wherever the word " Resident Engineer" appears , it shall be taken to mean an authorized representative of the Owner's Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County , assigned to observe the progress quantity and quality of the work . The work to be performed per sheet Bid item 1643 - 700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of Utility Services , Water , Wastewater, Utility Standards Dated September, 2011 . The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings , Signing & Geometrics Dated July , 2011 . SECTION 4- SCOPE OF WORK Section 4 - 3 . 9 Value Engineering Incentive is deleted in its entirety . SECTION - 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . (2010 Edition ) Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 101 - 1 - Mobilization - Lump Sum 01025- 1 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142- Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc SECTION - 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 Edition ) , except as modified herein . A . GENERAL PROVISIONS - DESCRIPTION The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period , including any temporary suspensions of the work . It shall include the construction and maintenance of any necessary detour facilities ; the providing of necessary facilities for access to residences , businesses , etc . , along the project ; the furnishing , installing and maintaining of traffic control and safety devices during construction , the control of dust through the use of calcium chloride if necessary , and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans . The term , Maintenance of Traffic , as used herein , shall include all of such facilities , devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . B . BEGINNING DATE OF CONTRACTOR ' S RESPONSIBILITY : The Contractorshall present his Maintenance of Traffic Plan at the pre-construction conference . The Maintenance of Traffic Plan shall indicate the type and location of all signs , lights , barricades , striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen . The plan will indicate conditions and setups for each phase of the Contractor' s activities . When the project plans include or specify a specific Maintenance of Traffic Plan , alternate proposals will be considered when they are found to be equal to or better than the plan specified . In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing . Except in an emergency , no changes to the approved plan will be allowed until approval to change such plan has been received . The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic . The Contractor shall be responsible for performing daily inspections , including weekends and holidays , with some inspections at nighttime , of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection . The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary . 01025-2 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142- Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc C . TRAFFIC CONTROL - STANDARDS : The FDOT Design Standards For Design Construction , Maintenance and Utility Operations On The State Highway System , Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design , application , installation , maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits . The standards established in the aforementioned manual constitute the minimum requirements for normal conditions , and additional traffic control devices warning devices , barriers or other safety devices will be required where unusual , complex or particularly hazardous conditions exist . The above referenced standards were developed using F . H . W . A . , U . S . D . O . T . Manual on Uniform Traffic Control Devices ( MUTCD ) . D . TRAFFIC CONTROL DEVICES WARNING DEVICES AND BARRIERS - INSTALLATION : The responsibility for installation and maintenance of adequate traffic control devices , warning devices and barriers , for the protection of the travel in public and workmen , as well as to safeguard the work area in general shall rest with the Contractor . Consideration shall be given to recommendations of the Engineer. The required traffic control devices , warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re- routing of traffic . The Contractor shall immediately remove , turn or cover any devices or barriers which do not apply to existing conditions . All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged . Damaged devices diminishing legibility and recognition , during either night or day conditions , are not acceptable for use . E . NO WAIVER OF LIABILITY : The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article , and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety . F . Contractor' s Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 7th Avenue SW and 25th Street SW at all times . The Contractor may close the following roads during culvert replacement for no longer than 2 weeks ; 15th Avenue , 13th Avenue and 11th Avenue . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 102 - 1 - Maintenance of Traffic - Lump Sum 01025-3 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\1142- Misc Culvert ReplacemenWAdmim\bid documents\Technical Specifications . doc SECTION — 104 - EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE PART 1 — GENERAL 1 . 1 SCOPE A . This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area , to undeveloped portions of the site or off-site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area . C . The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project ' s construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted . If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary , in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector' s Manual , and other references as may be required by regulatory permits . ( http : //www . dep . state . fl . us . /water/nonpoint/docs/erosion/erosion - inspectors- manual . pdo D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section . Alternatively , the OWNER may halt the CONTRACTOR ' s operations until the CONTRACTOR is in full compliance with this Section . If the OWNER halts the CONTRACTOR ' s work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with Chapter 4 - " Best Management Practices for Erosion and Sedimentation Control " and Chapter 5 — " Best Management Practices for Dewatering " of the Florida Erosion and Sediment Control Inspector' s Manual . In the event of a conflict between the referenced Chapters and these Specifications , the more stringent requirement shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A . The OWNER has obtained certain permits for this project and they are listed in paragraph SC -6 . 08 of the Supplementary Conditions . Per paragraph SC -6 . 08 . 0 of the Supplementary Conditions , the CONTRACTOR shall apply for , obtain , and pay for all other required permits , licenses , sampling , and tests . Permits the 01025-4 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS \1142-Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc CONTRACTOR may need to secure may include but not be limited to : 1 . Long -term and/or short-term dewatering permit as required by the St . Johns River Water Management District ( SJRWMD) . Generally, only the short-term permit is required . Contact SJRWMD at ( 321 ) 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/nndes/ 4 . FDEP ' s Uncontaminated Groundwater Release Permit ( required if dewatering occurs) . This permit requires water quality testing by a State certified laboratory . B . Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER . If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall govern . C . In addition to paying for all permit fees , CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit . 1 . 3 GENERAL A . Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities . B . From time to time , the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER . If at any time , the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not in compliance , and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications . Co Schedule construction to minimize erosion and stormwater runoff from the construction site . Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . In addition to other temporary erosion control measures that may be implemented , application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased , unless final landscaping has been installed . Polyacrylamide application shall be as specified herein . 01025-5 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS\1142- Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc D . Inspect each pollution control system at least once per day and after each rainfall event . Clean and maintain each pollution control system as required by its manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property , nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable owner , regulatory agency , and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 . 4 SUBMITTALS A . Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340 , B . Stormwater Pollution Prevention Plan . 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION AND MAINTENANCE A . State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance : Installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices . After installation , this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER ' s sole opinion , the devices are no longer necessary ( such time not to extend past the date the OWNER formally accepts the project as complete ) . Before beginning construction , submit to Indian River County for review and approval , a Stormwater Pollution Prevention Plan ( SWPPP ) , prepared by the certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County . Submit the approved SWPPP to the ENGINEER before beginning construction . Include in the SWPPP , the " Contractor' s Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site ( located at the end of this Section ) . 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A . With respect to this Section and as may be further defined in paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D , " pollution " is the presence in off-site waters of any substances , contaminants , or manmade or human - induced impairment of off-site waters or alteration of the chemical , physical , biological , or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to 01025-6 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsWdmim\bid documents\Technical Specifications . doc 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 Existinq Water Body Pollution Occurs When An existing water body ( including ditches and canals) is defined to be polluted by the CONTRACTOR ' s operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR ' s discharge point(s) is at least 29 nephelometric turbidity units ( NTUs) higher than the turbidity of the background water upstream of the 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 Discharae is not Directly Into an Existinq Water Body , Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly , such as after traveling through pipes or by overland flow . Before construction commences , the Contractor will measure background levels of total suspended solids (TSS ) and turbidity , in the immediate vicinity of the discharge water' s ultimate discharge point into the receiving water body . If the discharge water' s TSS and turbidity measurements exceed these pre-construction background values by 20 percent for TSS and 29 NTUs for turbidity , then the discharge from the CONTRACTOR ' s operations is defined to be polluted . D . Pollution Always Occurs When The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6 . 5 or greater than 8 . 5 , or whenever any of the following is present in the discharge water: ( 1 ) Hazardous waste or hazardous materials in any quantity , (2 ) Any petroleum product or by- product in any quantity , ( 3 ) Any chemical in any quantity , or (4 ) Concentrated pollutants . E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the types of conditions in which pollution may be determined to occur . 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A . In addition to the OWNER ' s specific remedies , if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site , the OWNER will immediately report the violations to the Indian River County Code Enforcement Board , SJRWMD , FDEP , Indian River Farms Water Control District ( or other F . S . Chapter 298 Drainage District , as appropriate ) , and other pertinent regulatory or enforcement agencies . 01025-7 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142- Misc Culvert ReplacementsWdmim\bid documents\Technical Specification s .doc PART 2 - MATERIALS AND INSTALLATION 2 . 1 GENERAL A . Polyacrylamide : As required in Paragraph 1 . 3 . C , place polyacrylamide ( PAM ) on bare ground to reduce the potential for erosion . PAM may also be used in water bodies to remove turbidity . Use the anionic form of polyacrylamide that does not stick to fish gills . For PAM information and its proper application , contact Applied Polymer Systems , Inc . , (678 ) 494 -5998 , www. siltstop . com . Be Staked Silt Fences : 1 . General : Use silt fences to control runoff from the construction site where the soil has been disturbed . 2 . Installation : Install per the manufacture ' s recommendations and as specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric . All supporting posts shall be on the down -slope side of the fencing . Place the bottom of the fabric 6 - inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Place silt fences away from the toe of slopes . Otherwise , install in accordance with FDOT Index No . 102 , 3 , Product : All material shall be new and unused . Use FDOT Types II through IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal ) or steeper , or as directed by the ENGINEER ; otherwise use FDOT Type III silt fence . (a ) For FDOT Type III Silt Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence . U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre-attached to 48- inch long stakes on 6 -foot centers . ( 1 - 800-448 - 3636 ) . ( b ) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No . 102 . ( c) Or equivalent . C . _Turbidity Barriers : 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc . 2 . Installation : Install per the manufacturer' s recommendations and per FDOT Index No . 103 unless directed otherwise by the ENGINEER . 3 . Product : All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. a . Parker Systems , Inc . ( 1 -866 -472 -7537) , model Type II or Type I b . Or equivalent . D . Sedimentation Control From Dewatering or Pumping Operations Using Filter Baas : 1 . Remove silt , sediment , and other particles from dewatering or pumping applications using a filter bag . The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double - needle machine , using a high strength nylon thread . The bag shall have a fill spout large 01025-8 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc enough to accommodate a 4 - inch pump discharge hose . Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many filter bags as required , at no additional cost to the OWNER . Legally dispose of the bags offsite , at no cost to the OWNER . If the bags are placed on aggregate to facilitate filtration efficiency , do not use limerock aggregate . 3 . Product : The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , Inc . ( 1 -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 2 -feet longer than the curb inlet opening . a . " GUTTERBUDDY , " supplied by ACF Environmental , Inc . ( 1 -800-448- 3636 ) . b . Or equivalent . F . Catch Basin Protection : 1 . Filter stormwater before it enters catch basins (drop inlets) . The filter " sack " shall be manufactured from woven polypropylene geotextile and sewn by a double- needle machine , using a high strength nylon thread . The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features : two dump straps attached at the bottom to facilitate emptying ; lifting loops as an integral part of the system to be used to lift the sack from the basin ; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls . The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Product : All materials shall be new and unused . a . " SILTSACK" ( regular flow) , supplied by ACF Environmental , Inc . ( 1 . 800-448 - 3636 ) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc . ( 1 - 800. 579 . 8819 ) . c . Or equivalent . G . Construction Site Egress Driveways : Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels . Construct a crushed rock driving surface at the vehicle exit point(s) . Provide an area large enough to remove 01025-9 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area . Provide wash -down stations as required to wash vehicle tires and retain all washwater on -site . Do not use limerock . H . Rock and Stone for Erosion Control and Pollution Control and Treatment : 1 . Crushed Limerock : Crushed limerock shall not be used under any circumstance . 2 . Acceptable Material : FDOT #4 non -calcareous aggregate ( usually granite ) , washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction , Section 901 . I . Hay Bales : Hay bales shall not be used . PART 3 - EXECUTION A . Design , construct , and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities . Be Apply polyacrylamide only as directed by the polyacrylamide manufacturer/supplier. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 104 - 1 — Erosion & Water Pollution Control - Lump Sum [The remainder of this page was left blank intentionally] 01025- 10 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim \bid 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 . 1142 for MISCELLANEOUS DRAINAGE CULVERT REPLACEMENTS STATE OF COUNTY OF Personally before me the undersigned authority , appeared administered , stated as follows : who upon oath duly 1 . This sworn statement is submitted by the CONTRACTOR , whose business address is and ( if applicable ) its Federal Identification No . ( FEIN ) is If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement : 2 . My name is and my relationship to the entity named above is 3 . 1 understand and agree that in addition to the Stormwater Management System Permit issued by Indian River County , CONTRACTOR is responsible for complying with the terms and conditions of the following as applicable to the site : a . State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger) , b . Stormwater Pollution Prevention Plan ( regardless of project size ) , c . St . Johns River Water Management District permit( s) ( regardless of project size ) , d . Florida Department of Environmental Protection permit (s ) ( regardless of project size) , e . All other permits required for this project not specifically listed herein , and f. All Codes and Ordinances of Indian River County . 4 . 1 understand that " pollution " as defined by Florida Statutes Chapter 403 . 031 ( 7 ) means : " . . . the presence in the outdoor atmosphere or waters of the state of any substances , contaminants , noise , or manmade or human - induced impairment of air or waters or alteration of the chemical , physical , biological , or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property or which unreasonably interfere with the enjoyment of life or property , including outdoor recreation unless authorized by applicable law . " 5 . 1 understand that in addition to the definition set forth in Item 5 above , " pollution " is also defined by paragraph 1 . 6 of Section 02225 of the Technical Specifications for this Project . 01025- 11 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142 -Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc 6 . 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes Ch . 403 . 141 and Ch . 403 . 161 and that there are other penalties listed in these Technical Specifications . I understand that CONTRACTOR may be liable for these and other penalties if pollution occurs as a result of CONTRACTOR ' s activities associated with the Project . Under penalty of perjury , I declare that I have read the foregoing affidavit and the facts stated in it are true . FURTHER AFFIANT SAYETH NAUGHT Signature : Date : Printed Name : The foregoing instrument was subscribed and sworn to before me this day of , 20_ by , who is personally known to me and who did take oath . Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 01025- 12 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS \1142-Misc Culvert Rep lacements\Adm im\bid 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 A . During the entire construction operation , the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare there from " record " drawings showing correctly and accurately all changes and deviations from the work , made during construction to reflect the work as it was actually constructed . B . 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 forthattype of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida accordingly . The following items are required to be shown on County project Record /As- Built drawings submitted to ENGINEER : As per Chapter 472 , Florida Statutes and Chapter 61G17 -6 . 007 Florida Administrative Code As- Built — Record — Specific Purpose Surveys : 01025- 13 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS \1142 - Misc Culvert ReplacemenWAdmim\bid documents\Technical Specifications . doc A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record /As- Built survey as it relates to the regulations and standards established for said surveys . AND Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans . Clearly shows by symbols , notations , or delineations , those constructed improvements located by the survey . 1 . Right- of-way Swale/ Drainage — All culvert inverts , elevations and station offsets ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows along top of bank . Size of swale . 2 . Pipe Culvert/PVC Sleeves — All inverts , stations and offsets . 3 . Outfalls — All pipe inverts , elevations and station offsets , weir box elevations , weir elevation , and sizes . 4 . Roadway/Off Site Drainage — All inverts , elevations and station offsets ; manhole top elevation ; grate top elevations . 5 . Retention Ponds — Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . 6 . Roadway : a . Stations and offset related to controlling baseline and elevations of all structures , side street and major driveway radius returns (edge of pavement) , bends and /or change in direction of roadway alignment , OR minimum at 1000 ' intervals along roadway alignment . b . Elevations along Profile Grade Line ( PGL) , of all edge of pavements either side of Profile Grade Line ( PGL ) , at medians at the high/low and PVI points along Profile Grade Line ( PGL) . c . All final Elevations to be plotted on PGL AND Plan - Profile sheets as applicable . d . Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets . SURVEY CONTROL 1 . Install/re-establish : It shall be the contractor' s responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472 , Florida Statutes , to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction . 2 . New roadway alignment control points ( Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion . Include all intersections and side streets . State Plane Coordinates and elevations for all control points . 3 . Either if shown on plans or not : Any Public Land Corner or Governmental Survey Control point ( s ) , vertical control ( bench marks ) , property corners 01025- 14 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Misc Culvert Replacements\Admim \bid documents\Technical Specifications . doc destroyed and/or disturbed during the scope of the project shall be properly re - established as per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments . RECORD/AS - BUILTS DRAWINGS FORMAT one SUBMITTALL A . ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As- Built information . Be 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,,, surveys . D . All Record /As- Built drawings are subject to review and approval by County Surveyor . ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As- Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR . COMPLETION OF WORK Upon Substantial Completion of the Work , deliver Record Drawings/As - Built Drawings to ENGINEER . Final payment will not be made until satisfactory record documents are received and approved by ENGINEER . Item of Payment Payment for the work specified in this item shall be made under : Bid Item 108 - 1 — Record Drawings/As- Built Drawings - Lump Sum Bid Item 108 -2 — Survey Control ( install/Re- Establish ) — Lump Sum Bid Item 108 -4 — N . P . D . E . S . Permitting — Lump Sum 01025- 15 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS\1142 - Misc Culvert ReplacemenWAdmim\bid documents\Technical Specifications . doc (THIS PAGE WAS INTENTIONALLY LEFT BLANK) 01025- 16 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142- Misc Culvert ReplacementsWdmim \bid documents\Technical Specifications . doc Board of Professional Surveyors and Mappers As - Built Record Survey Checklist Project Name : Miscellaneous Drainage Culvert Replacements Project No . . 1142 Lic . Name Date : Chapter 61G17 =6 Minimum Technical Standards F .A . C . 61G17-6 . 003 General Survey , Map , and Report Content Requirements ❑ ( 1 ) REGULATORY OBJECTIVE : The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective , surveyors and mappers must achieve the following minimum standards of accuracy , completeness , and quality : ❑ (a ) Accuracy of survey measurements based on the type of survey and expected use . ❑ ( b) Measurements made in accordance with the United States standard , feet or meters . ❑ ( c ) Records of measurements maintained for each survey ( check field notes . ) ❑ (d ) Measurement and computation records dated . ❑ ( e ) Measurement and computation records substantiate the survey map . ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements , if applicable . ) ( 2 ) Other More Stringent Requirements : ❑ ( a ) Met more stringent requirements set by federal , state , or local governmental agencies . ( 3 ) Other Standards and/or Requirements that Apply to All Surveys , Maps , and/or Survey Products . ❑ ( a ) REGULATORY OBJECTIVE : In order to avoid misuse of a survey and map , the surveyor and mapper must adequately communicate the survey results to the public through a map , report, or report with an attached map . ( b ) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective , surveyors and mappers must meet the following minimum standards of accuracy , completeness , and quality . ❑ ( c ) Type survey stated on map and report : As -Built Survey Mean High Water Line Survey Boundary Survey Quantity Survey Condominium Survey Record Survey Construction Layout Survey Specific or Special Purpose Survey Control Survey Topographic Survey Hydrographic Survey ❑ ( d ) Name , certificate of authorization number, and street and mailing address of the business entity on the map and report. ❑ ( e ) Name and license number of the surveyor and mapper in responsible charge . ❑ (f) Name , license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. ❑ ( g ) Survey date ( date of data acquisition . ) ❑ ( h ) Revision date for any graphic revisions (when survey date does not change . ) 01025- 17 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\1142 - Misc Culvert Replacements\Admim \bid documents\Technical Specifications . doc ❑ ( 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. " ❑ 0 ) Insurance statement in 1/4" high letters " The survey depicted here is not covered by professional liability insurance " if there is no professional liability insurance . ❑ ( k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties . ❑ ( 1 ) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise . ❑ ( m ) Bearings , distances , coordinates , and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise . ❑ ( n ) Bearing reference (well established and monumented line ) ❑ ( o ) A designated " north arrow" ❑ ( p) Stated scale or graphic scale ❑ ( q ) Abbreviations in legend or notes . ❑ ( r) Special conditions and any necessary deviation from the standards noted upon the map or report. ❑ (s ) Responsibility for all mapped features stated on the map or report ❑ (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others . ( u ) Map Accuracy . ( 1 ) Vertical Feature Accuracy : ❑ ( a ) Vertical Control : Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark . ❑ ( b) Closure in feet must be accurate to a standard of plus or minus . 05 ft. times the square root of the distance in miles . ❑ ( c ) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s ) upon which the survey is based . ❑ ( d ) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum . ( 2 ) Horizontal Feature Accuracy : ❑ ( a ) Horizontal Control : All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based . ❑ ( b ) Minor coordinate data may be obtained and used on an assumed datum provided the 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 61G17m 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" . 01025- 18 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\1142 - Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc 61G17 -6 . 004 Specific Survey , Map , and Report Requirements ( 1 ) As -Built/ Record 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- 19 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142Wisc Culvert Replacements\Admim\bid 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 Engineerwhich are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade . No stumps , roots , or perishable matter of any description shall remain under concrete slabs or footing , including pavement and sidewalks . B . No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved , after a review of the project site with the Contractor' s representative . C . Where the final pavement or structural work will be close to existing trees , the Contractor shall exercise care in the vicinity of the trees . Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer or where shown on the drawings , work shall be done by hand in order to protect the trees . D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull hair or major root structures . All severed roots shall be sawn clean and paint with pruning paint . Stumps , roots , etc . , shall be completely removed and disposed of by the Contractor. Undesirable , dead , and /or damaged trees ( as so designated by the Engineer) shall be removed . E . All trees to be removed shall be disposed off site ; burning will be strictly prohibited . F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required , this work shall be done in cooperation with the Owner and at no additional expense to the Owner . G . All items to be removed shall be excavated to their full depth . All culverts removed from residential driveway entrances within the right- of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge . ( See Paragraph C , Special Provisions ) The Contractor shall transport the culverts to the County' s storage yard . All metal castings for catch basins , manholes , or other structures shall be carefully removed and stored in the County ' s Storage Yard if they are deemed salvageable by the 01025 -20 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1142- Misc Culvert Replacements\Admim \bid documents\Technical Specifications . doc 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 - EXCAVATION AND EMBANKMENT A . Earthwork , including earthwork for drives outside the right-of-way limits , shall be paid for as embankment . Cost shall include all work specified in this section and Section 120 of the Standard Specifications . Such price and payment shall specifically include all cost of any roadway , lateral ditch or canal , and final dressing operations . Be Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , isolated swale bottom locations , isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation . Approximately 2 . 0 ft of subsoil excavation is required in sublateral canals . Cost of replacement embankment shall be included in cost of subsoil excavation . Contractor shall coordinate with county representative prior to any subsoil excavation . D . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120 -7 . 2 : Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following . 01025-21 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142- Misc Culvert Replacements\Admim \bid documents\Technical Specifications . doc Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner . Backfill material containing more than 2 . 0 % by weight of organic material , as determined by FM 1 -T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material , shall not be used in construction of the reinforced volume . If an individual test value of the three samples exceeds 3 . 0 % , the stratum or stockpile will not be suitable for construction of the reinforced volume . No A-8 material permitted in embankment . E . Payment shall be made under : Bid Item No . 120 - 1 — Excavation , Regular ( Roadway) — Per Lump Sum Bid Item No . 120 -6 - 1 - Embankment ( Compacted in Place ) - Per Lump Sum SECTION — 160 - STABILIZATION A . Sub Article 160 - 5 . 1 is modified by the addition of the following : "The stabilization thickness indicated on plans shall be considered a minimum thickness . Thickness will vary to conform to the lines , and grades shown in the plans . " Minimum L . B . R . = 40 - No under-tolerance . B . Payment shall be made under: Bid Item No . 1604 - 1 - Type B Stabilization LBR40 ( 12 " ) - Per Square Yard SECTION — 285 - CEMENTED COQUINA SHELL BASE A . Sub Article 2854 is modified by the addition of the following : Base material , thickness and requirements are described in the construction plans . Only one type of alternate base material shall be used . No additional payment will be made for base thickness in excess of the specified thickness 3 . B . Payment shall be made under : Bid Item No . 285 -706 — Cemented Coquina Shell Base Group 6 ( 8 " ) Two Lifts - Per Square Yard 01025-22 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142- Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc SECTION — 327 - MILLING OF EXISTING ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 327-70 - 8 — Milling Existing Asphalt Pavement ( 2 Y2 " Avg . ) — Per Square Yard SECTION — 334 - SUPERPAVE ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 334 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 2010 ) . Sub article 334 - 8 . 1 through 334 - 8 . 3 — Basis of Payment shall be deleted in its entirety . Sub article 334 - 8 . 4 — Payment shall be amended as follows : Bid Item No . 334 - 1 - 13A — Superpave Asphaltic Concrete — 1 '/2" SP 1205 — Per Square Yard . Bid Item No . 334- 1 - 13B — Superpave Asphaltic Concrete — 1 " SP 9 . 5 — Per Square Yard . SECTION — 400 - CONCRETE The work specified in this item shall conform to Section 400 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 400-2 -2 — Class II Concrete for Headwalls - Per Cubic Yard SECTION - 425 — INLETS , MANHOLES AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 425 -2 - 551 — Inlets (Type ' E ' ) - Per Each 01025-23 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc SECTION - 430 — PIPE CULVERTS AND STORM SEWERS The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 430 - 174- 112 Aluminized Corrugated Metal Pipe 12 — Per Linear Foot Bid Item No , 430 - 174 - 115 Aluminized Corrugated Metal Pipe 15 — Per Linear Foot Bid Item No . 430- 174 - 124 Aluminized Corrugated Metal Pipe 24 — Per Linear Foot Bid Item No . 430- 174 - 130 Aluminized Corrugated Metal Pipe 30 — Per Linear Foot Bid Item No . 430 - 175 - 118 Concrete Pipe Culvert Class III 18 " — Per Linear Foot Bid Item No . 430 - 175- 124 Concrete Pipe Culvert Class 11124 — Per Linear Foot Bid Item No . 430 - 175- 124 Concrete Pipe Culvert Class 11130 — Per Linear Foot Bid Item No , 430- 175 - 142 Concrete Pipe Culvert Class 11142 '1 — Per Linear Foot Bid Item No , 430- 175 - 166 Concrete Pipe Culvert Class 11166 " — Per Linear Foot SECTION - 520 - CONCRETE CURB AND GUTTER The work specified in this item shall conform to Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . Item of Payment Payment for the work specified in this item shall be made under : Bid Item No . 520- 1 - 8 Miami Curb ( Concrete ) — Per Linear Foot Bid item No . 520 - 3 Valley Gutter ( Concrete ) ( 3 ' Width ) — Per Linear Foot SECTION - 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010 ) . A . Description : Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer . This work shall also include mowing in accordance with Section 104 - 7 . 2 , to be mowed at 6 " height with a mulching mower . B . Work Included : Scope of Work : The work specified in this section consists of the establishing of a stand of grass , within the project , right-of-way , easements , and other areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required to assure a healthy stand of grass . Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed " . C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . 01025-24 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\1142Wisc Culvert Replacements\Admim\bid documents\Technical Specifications . doc Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square ) indication of probable non survival or lack of health and vigor , or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer . All replacement sod shall be furnished /installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws . The numerical designations for fertilizer indicate the minimum percentages ( respectively) of ( 1 ) total nitrogen , (2 ) available phosphoric acid and ( 3 ) water-soluble potash contained in the fertilizer . The chemical designation of the fertilizer shall be 164- 8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570 - 5 and 2 . 34 . 8 . F . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner, at his discretion , may authorize the elimination of ground preparation . G . Application of Fertilizer: Before applying fertilizer , the soil pH shall be brought to a 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 . 01025-25 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow . Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits , the outer pieces of sod shall be tamped so as to produce a featheredge effect . Where sodding is placed abutting paved shoulder , the contractor is to ensure that the finished sod elevation is 1 Y2 ' 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 . Article 570 - 9 . The first two paragraphs under this Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod , fertilizer (2 applications ) , sidewalk sweeping after mowing , mowing , pegging disposal of clippings , water , tools , equipment , labor and all other incidentals necessary . Item of Payment Payment shall be made under : Bid Item No . 570 - 1 -2 — Performance Turf ( Sod ) ( Bahia ) - Per Square Yard 01025-26 Technical Specifications F :\Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Rep lacements\Adm im\bid documents\Technical Specifications . doc SECTION - 700 - SIGNING AND PAVEMENT MARKINGS A . Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2010) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer' s specifications . B . Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner' s Engineer or Resident Construction Inspector , the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4 " x 4 " . Item of Payment Payment shall be made under : Bid Item No . 706 - 3 — R . P . M . Bi - Directional Amber/Amber - Per Each Bid Item No . 711 - 11 - 125 — Solid Traffic Stripe (White ) 24 — Per Linear Foot Bid Item No . 711 - 11 -221 — Solid Traffic Stripe ( Double Yellow) 6 " — Per Linear Foot + + END OF SECTION + + 01025-27 Technical Specifications F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142 - Misc Culvert Replacements\Admim\bid documents\Technical Specifications . doc APPENDIX ` A ' PERMITS Appendix A-Permits F : APublic Works\ENGINEERING DIVISION PROJECTS\ 1142-Mise Culvert Replacements\Admim\bid documentsWPENDIX A - Permits . doc APPENDIX ` B ' Maintenance of Traffic Plans Appendix A-Permits F :APublic Works\ENGINEERING DIVISION PROJECTS\ I 142 - Misc Culvert Replacements\Admim\bid documents\APPENDIX D - MOT . doc �� _ = iii► :arlox _ - vu Air '4 trwiIIIIIIII Alp b i .� AI +�► ' �# a v . �K qP E.: � 'FRAIIIII00 milli WWI dw . -. i _ r7 ` Aff Aw As CA, 0 _ . � , hIIr e MAINTENANCE OF TRAFFIC PLAN TRAFFIC ENGINEERING REG . . . - LOCATION : I Ith Avenue , south of 4th Street REGULATIONS THIS PLAN DRAWN BY: Geoffrey Bass • • - Determined � Daylight operations PROJECT DATE : To Be . • - . r `` a �•. *44r _ ©.�...�. ot jak AV AMW r �:_ - -•mss -.r+� �e _ . a ...�. F m m _ Y are, a s, 1 s 2012 Googse b bo�I 4 � eerttz PP MAINTENANCE OF • LOCATION: .1 3th Avenue , south of 8th Street REGULATIONS INDICATED BY X ARE IN AFFECT . THIS PLAN - ® DRAWN• • Determined � Daylight operations PROJECT DATE : To Be Determined • _ lane of trafficat _ Ce 11 . . te_nrtala: ..� .� 17 m a ml ':. . • y LI LL ;a..D s fi As "f r$«• 0 IP — kAt ++ a 14 a II lawdol e aft s # i r Latta ' ,.. a — o. - O thESt .�... , e yy gem Y qL Iz ' f. ��L•j� aj 42=4 Ak It s � i Ova mtopt at 11. a � oo a ! + lull vp - . lot 4