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2011-020
i Indian River County Purchasing Division q 1800 27t" Street Vero Beach , FL 32960 '�LOR1�A Phone (772) 226 - 1416 Fax (772) 770 -5140 Invitati ® n to Bid Project Name : VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS Bid # : 2011025 Bid Bond Required : Yes Public Construction Bond Required : Yes Pre Bid Meeting , Yes Non -Mandatory Date : JANUARY 5 , 201. 1 Time : 2 : 00 P . M. Location : Indian River County Administration Building Building A , Conference Room Al -303 Refer Technical Specifications Questions to : Name/Title Christopher J . Kafer, Jr . , P . E . , County Engineer Vero Beach , Florida 32960 Phone : (772) 226 - 1221 Fax : (772) 778-9391 Refer General Terms & Conditions Questions to : Purchasing Manager : Jerry Davis Phone : (772 ) 226 - 1416 Fax : (772) 770 -5140 Email , purchasingAirczov.com Bid Opening Date : JANUARY 21 , 2011 Bid Opening Time : 2 : 00 P . M . ALL BIDS SHOULD BE DELIVERED TO PURCHASING DIVISION , 1800 27TH STREET, VERO BEACH, FLORIDA 32960 , PRIOR TO TIIE DATE AND TIME SHOWN ABOVE . LATE BIDS WILL BE RETURNED UNOPENED . PLEASE SUBMIT ONE (1 ) SIGNED ORIGINAL AND TWO (2) COPIES OF YOUR BID . 1 FAI?Ublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . doe 41VER colo ► / II � C� Indian River County Purchasing Division 1800 27th Street °�D / ( — � a ✓ Vero Beach , FL 32960 FLORI��' Phone (772) 226 - 1416 Fax (772) 770-5140 Invitation to Bid Project Name : VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS Bid # : 2011025 Bid Bond Required : Yes Public Construction Bond Required : Yes Pre Bid Meeting : Yes Non-Mandatory Date : JANUARY 5 , 2011 Time : 2 : 00 P .M. Location : Indian River County Administration Building Building A, Conference Room Al -303 Refer Technical Specifications Questions to : Name/Title Christopher J Kafer, Jr P E County Engineer Vero Beach , Florida 32960 Phone : (772) 2264221 Fax : (772) 778 - 9391 Refer General Terms & Conditions Questions to : Purchasing Manager : Jerry Davis Phone : (772) 226 - 1416 Fax : (772) 770- 5140 Email : purchasing(& iregov. com Bid Opening Date : JANUARY 219 2011 Bid Opening Time : 2 : 00 P . M . ALL BIDS SHOULD BE DELIVERED TO PURCHASING DIVISION , 1800 27 FII STREET , VERO BEACH , FLORIDA 329603 PRIOR TO THE DATE AND TIME SHOWN ABOVE , LATE BIDS WILL BE RETURNED UNOPENED . =PLEASE SUBMIT ONE (1) SIGNED ORIGINAL AND TWO (2) COPIES OF YOUR BID . 1 FAPublic Works\ENGINEERING DIVISION PROJEC'T'S\ 1042 V13 Sports d Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised TABLE OF CONTENTS Page No . Title 00001 Cover Sheet 00002 Table of Contents BIDDING DOCUMENTS 00003 Advertisement for Bids 00004 Instructions to Bidders 00005 Bid Package Contents 00006 Bid Form & Itemized Bid Schedule 00013 Bid Bond 00014 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00016 Sworn Statement under the Florida Trench Safety Act 00018 Bidders Questionnaire 00020 List of Subcontractors CONTRACT FORMS 00021 Agreement 00023 Public Construction Bond 00026 Sample Certificate of Liability Insurance 00027 Contractor' s Application for Payment 00032 Certificate of Substantial Completion 00034 Contractor' s Final Certification of the Work 0036 TECHNICAL PROVISIONS CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions APPENDIX A 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\laid Docs V13SV Lighting revised 12- 13 - 10 . doc TABLE OF CONTENTS Page No . Title 00001 Cover Sheet 00002 Table of Contents BIDDING DOCUMENTS 00003 Advertisement for Bids 00004 Instructions to Bidders 00005 Bid Package Contents 00006 Bid Form & Itemized Bid Schedule 00013 Bid Bond 00014 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00016 Sworn Statement under the Florida Trench Safety Act 00018 Bidders Questionnaire 00020 List of Subcontractors CONTRACT FORMS 00021 Agreement 00023 Public Construction Bond 00026 Sample Certificate of Liability Insurance 00027 Contractor' s Application for Payment 00032 Certificate of Substantial Completion 00034 Contractor' s Final Certification of the Work 0036 TECHNICAL PROVISIONS CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions APPENDIX A 2 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\laid Docs V13SV Lighting revised 12- 13 - 10 . doc ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following : Indian River County Bid # 2011025 Indian River County is accepting sealed bids to/for Vero Beach Sports Village Snorts Lighting System Proiect includes design build for Snorts Lighting to 2 (two) baseball fields Detailed specifications for the above may be obtained from DemandStar . com at : 800 - 711 - 1712 or downloaded from their web site at : www. demandstar. com (or other as applicable) There is a Non-Mandatory Pre-Bid conference scheduled for Wednesday , January 5 , 2011 at 2 : 00 P . M . at the IRC Administration Complex , 1800 27t1i Street, Building B , B1 - 501 . Deadline for receipt of bids has been set for 2 : 00 P . M. on Friday , January 21 , 2011 . Only bids received on or before the time and date listed will be considered . The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part with or without cause ; to waive all informalities or technicalities ; reject any and all Bids which are incomplete, conditional , or non-responsive , and accept the Bid which best serves Indian River County . Jerry Davis PURCHASING MANAGER INDIAN RIVER COUNTY Publish : Date : December 15 , 2010 For Publication in the Press Journal Please furnish Tear Sheet , Affidavit of Publication, and Invoice to : Indian River County Purchasing Division 1800 27t1i Street Vero Beach , FL 32960 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\13id Docs VBSV Lighting revised 12 - 13 - 10 . doe ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following : Indian River County Bid # 2011025 Indian River County is accepting sealed bids to/for Vero Beach Sports Village Snorts Lighting System Proiect includes design build for Snorts Lighting to 2 (two) baseball fields Detailed specifications for the above may be obtained from DemandStar . com at : 800 - 711 - 1712 or downloaded from their web site at : www. demandstar. com (or other as applicable) There is a Non-Mandatory Pre-Bid conference scheduled for Wednesday , January 5 , 2011 at 2 : 00 P . M . at the IRC Administration Complex , 1800 27t1i Street, Building B , B1 - 501 . Deadline for receipt of bids has been set for 2 : 00 P . M. on Friday , January 21 , 2011 . Only bids received on or before the time and date listed will be considered . The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part with or without cause ; to waive all informalities or technicalities ; reject any and all Bids which are incomplete, conditional , or non-responsive , and accept the Bid which best serves Indian River County . Jerry Davis PURCHASING MANAGER INDIAN RIVER COUNTY Publish : Date : December 15 , 2010 For Publication in the Press Journal Please furnish Tear Sheet , Affidavit of Publication, and Invoice to : Indian River County Purchasing Division 1800 27t1i Street Vero Beach , FL 32960 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\13id Docs VBSV Lighting revised 12 - 13 - 10 . doe INSTRUCTIONS TO BIDDERS 1 . DEFINITION OF TERMS Addenda : Any interpretations or revisions in a written or graphic form to any of the Contract Documents received by Bidders before the opening of bids . Addenda will become part of the Contract Documents when the Contract is executed . Bidder : Any person, firm, corporation , organization or agency submitting a bid for the work proposed or a duly authorized representative . Bonds : Bid, performance , maintenance, payment or any other instruments of security furnished by the CONTRACTOR and his authorized Surety in accordance with the Contract Documents . Contract or Agreement : The written agreement executed by the OWNER and the CONTRACTOR for the performance of the work . The contract shall be substantially in the form included in this Bid Package . CONTRACTOR : The person, firm, corporation , organization or agency with whom the OWNER has executed a contract for performance of the work or supply of equipment or materials or his duly authorized representative . Architect : (If applicable) OWNER or County : Board of County Commissioners , INDIAN RIVER COUNTY or its authorized representative . Surety : The corporate body which is bound with and for the CONTRACTOR, and which contracts responsibility for his acceptable bid, performance and maintenance of the Project and for his payment of all obligations pertaining thereto . Work : All labor, materials and incidentals required for the construction of the improvement for which the contract is made , including superintendents , use of equipment, and tools , and all services and responsibilities prescribed or implied , which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract . Unless otherwise specified in the Contract, all costs of liability and of performing the work shall be at the Contractor ' s expense . 2 . QUESTIONS ; ADDENDA There will be no oral interpretations of the Contract Documents . Any bidders/proposers in doubt as to the true meaning of any part of the Contract Documents may submit a written request to the Purchasing Manager for interpretation thereof. The Purchasing Manager shall receive all requests for interpretation or corrections no later than ten ( 10) calendar days prior to the deadline for submitting bids . Any interpretation to a bidder will be made only by a written addendum duly issued and a copy of such addendum will be mailed and delivered to each bidder receiving a set of Contract Documents . Addenda issued by the County prior to the bid opening shall be binding as if written into the Contract Documents . Bidders shall acknowledge receipt of all addenda as indicated on the bid form . 4 R\Public Works\ENGINEER ING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid dOCLlments0d Docs VBSV Lighting revised 12 - 13 - 10 . doc INSTRUCTIONS TO BIDDERS 1 . DEFINITION OF TERMS Addenda : Any interpretations or revisions in a written or graphic form to any of the Contract Documents received by Bidders before the opening of bids . Addenda will become part of the Contract Documents when the Contract is executed . Bidder : Any person, firm, corporation , organization or agency submitting a bid for the work proposed or a duly authorized representative . Bonds : Bid, performance , maintenance, payment or any other instruments of security furnished by the CONTRACTOR and his authorized Surety in accordance with the Contract Documents . Contract or Agreement : The written agreement executed by the OWNER and the CONTRACTOR for the performance of the work . The contract shall be substantially in the form included in this Bid Package . CONTRACTOR : The person, firm, corporation , organization or agency with whom the OWNER has executed a contract for performance of the work or supply of equipment or materials or his duly authorized representative . Architect : (If applicable) OWNER or County : Board of County Commissioners , INDIAN RIVER COUNTY or its authorized representative . Surety : The corporate body which is bound with and for the CONTRACTOR, and which contracts responsibility for his acceptable bid, performance and maintenance of the Project and for his payment of all obligations pertaining thereto . Work : All labor, materials and incidentals required for the construction of the improvement for which the contract is made , including superintendents , use of equipment, and tools , and all services and responsibilities prescribed or implied , which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract . Unless otherwise specified in the Contract, all costs of liability and of performing the work shall be at the Contractor ' s expense . 2 . QUESTIONS ; ADDENDA There will be no oral interpretations of the Contract Documents . Any bidders/proposers in doubt as to the true meaning of any part of the Contract Documents may submit a written request to the Purchasing Manager for interpretation thereof. The Purchasing Manager shall receive all requests for interpretation or corrections no later than ten ( 10) calendar days prior to the deadline for submitting bids . Any interpretation to a bidder will be made only by a written addendum duly issued and a copy of such addendum will be mailed and delivered to each bidder receiving a set of Contract Documents . Addenda issued by the County prior to the bid opening shall be binding as if written into the Contract Documents . Bidders shall acknowledge receipt of all addenda as indicated on the bid form . 4 R\Public Works\ENGINEER ING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid dOCLlments0d Docs VBSV Lighting revised 12 - 13 - 10 . doc 3 . BOND REQUIREMENTS 3 . 1 . Bid Security : Each bid must be accompanied by a cashier' s check, certified check or bid bond in the form attached to these specifications payable to INDIAN RIVER COUNTY in the amount of five ( 5 ) percent of the bid submitted . Bid security will be retained if the successful bidder fails to execute a contract with the County substantially in the form attached hereto within fifteen (15 ) days after notification of award of the contract . The OWNER shall within twenty (20) business days after the opening of the bids , return the bid securities of all bidders except those posted by the three lowest responsive bidders, whose bid securities will be returned upon the final award and execution of the contract between the successful bidder and the OWNER, and after proof of insurance and the Public Construction Bond as specified in the Contract Documents has been received by OWNER. 3 . 2 . Public Construction Bond : For Bids exceeding $ 100 , 000 . 00 the CONTRACTOR shall furnish a Public Construction Bond in the form attached to these Instructions to Bidders in an amount of 100 % of the lump sum amount bid as security for the frill and complete performance of the contract . The Public Construction Bond shall remain in effect for one ( 1 ) year after final payment under this Contract . The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . Contractor shall require the attorney-in-fact, who executed the Performance 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 Contractor shall 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 Public Construction Bond shall be submitted in the form specified by the Owner . 4 . PREPARATION OF BIDS One signed, original Bid and two (2) copies shall be submitted on the prescribed form provided in these specifications . All copies must be plainly marked by the bidder who will be responsible for their correctness . All blank spaces must be filled in as noted in ink or type . Bids having erasures or corrections must be initialed in ink by the bidder . Only one bid from any individual firm, corporation, organization or agency under the same or different name shall be considered . Should it appear to the OWNER that any bidder is interested in more than one bid , all bids in which such bidder has interest would be rejected . If SUBCONTRACTORS are allowed , bids shall be accompanied by a list of all SUBCONTRACTORS that the bidder proposes to employ ; subcontractors shall not be changed without approval of the OWNER, as set forth in the Contract Documents . A bidder is expected to fully inform himself as to the requirements of the specifications and failure to do so will be at his own risk. A bidder shall not expect to secure relief on the plea of error. No alternate bids shall be submitted unless specifically requested in the Invitation to Bid documents . Bidders are notified that the bids are for complete installation of sports lighting per ball field and includes all items of Work and materials . The 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. 5 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\Bid Does V13SV Lighting revised 12- 13 - IO . doc 3 . BOND REQUIREMENTS 3 . 1 . Bid Security : Each bid must be accompanied by a cashier' s check, certified check or bid bond in the form attached to these specifications payable to INDIAN RIVER COUNTY in the amount of five ( 5 ) percent of the bid submitted . Bid security will be retained if the successful bidder fails to execute a contract with the County substantially in the form attached hereto within fifteen (15 ) days after notification of award of the contract . The OWNER shall within twenty (20) business days after the opening of the bids , return the bid securities of all bidders except those posted by the three lowest responsive bidders, whose bid securities will be returned upon the final award and execution of the contract between the successful bidder and the OWNER, and after proof of insurance and the Public Construction Bond as specified in the Contract Documents has been received by OWNER. 3 . 2 . Public Construction Bond : For Bids exceeding $ 100 , 000 . 00 the CONTRACTOR shall furnish a Public Construction Bond in the form attached to these Instructions to Bidders in an amount of 100 % of the lump sum amount bid as security for the frill and complete performance of the contract . The Public Construction Bond shall remain in effect for one ( 1 ) year after final payment under this Contract . The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . Contractor shall require the attorney-in-fact, who executed the Performance 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 Contractor shall 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 Public Construction Bond shall be submitted in the form specified by the Owner . 4 . PREPARATION OF BIDS One signed, original Bid and two (2) copies shall be submitted on the prescribed form provided in these specifications . All copies must be plainly marked by the bidder who will be responsible for their correctness . All blank spaces must be filled in as noted in ink or type . Bids having erasures or corrections must be initialed in ink by the bidder . Only one bid from any individual firm, corporation, organization or agency under the same or different name shall be considered . Should it appear to the OWNER that any bidder is interested in more than one bid , all bids in which such bidder has interest would be rejected . If SUBCONTRACTORS are allowed , bids shall be accompanied by a list of all SUBCONTRACTORS that the bidder proposes to employ ; subcontractors shall not be changed without approval of the OWNER, as set forth in the Contract Documents . A bidder is expected to fully inform himself as to the requirements of the specifications and failure to do so will be at his own risk. A bidder shall not expect to secure relief on the plea of error. No alternate bids shall be submitted unless specifically requested in the Invitation to Bid documents . Bidders are notified that the bids are for complete installation of sports lighting per ball field and includes all items of Work and materials . The 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. 5 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\Bid Does V13SV Lighting revised 12- 13 - IO . doc Furthermore, the OWNER reserves the right : 1 ) to omit in its entirety any one or more items of the Work without forfeiture of the Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omission ; 2) to add to the construction of any portion of the Work shown in the Contract Documents ; and 3 ) and to adjust the price in accordance with the unit prices in the Bid Form . 5 . QUALIFICATIONS OF BIDDERS The County reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any bidder to perform the work. If, after the investigation , the evidence of competency and financial ability is not satisfactory, the County reserves the right to reject the bid . 6 . SUBMITTAL , RECEIPT, AND OPENING OF BIDS 6 . 1 Submission of Bids . All bids must be submitted in a sealed envelope , addressed and mailed or delivered as stated in the Invitation to Bid, marked with the Project title and name and address of the BIDDER and accompanied by a completed Sworn Statement Under the Florida Trench Safety Act (if applicable) , sworn statement under Section 105 . 08 , Indian River County Code , the Bid Security and other required documents which are included in the Contract Documents . If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation " BID ENCLOSED " on the face thereof. 6 . 2 . Any bidder may withdraw his bid either personally or by telegraphic or written communication at any time prior to the scheduled closing time for the bid . The bidder shall submit his bid on the form furnished along with all information indicated on the form . Bids shall be in the units specified for each item . The bidder shall enter the company name wherever the bid form so indicates . Bids shall be opened and publicly read at the time and place indicated in the Invitation to Bid . Once bids are opened, they become the property of the County and will not be returned . The bids become "public records " and are subject to disclosure pursuant to Florida Statutes section 1 ] 9 . 07 (m) within 10 days after bid opening . 7 . CONSIDERATION OF BIDS AND AWARD OF CONTRACT The contract will be awarded to the lowest responsible and responsive bidder whose bid , conforming to the specifications and/or instructions to bidder, will be the most advantageous to the County, price and other factors considered . The OWNER reserves the right to award the contract to other than the low bidder for such reasons as acceptability of specific products or designs , delivery times , warranties, past performance , unacceptable deviations or exceptions taken to the Contract Documents specifications or degree of compliance with any other requirement of the Contract Documents specifications . Further, OWNER shall have the right to consider price , quality, time required for performance and qualifications of the bidder in making the award . The OWNER reserves the right to waive any and all irregularities and to reject any or all bids in the best interest of the OWNER and award the contract to the responsible bidder whose bid is determined to be in the best interest of the County . 6 FAPublic Works\ ENGINEERING DIVISION PROJECTS\ 1042 VI3 Sports Village Lighting\Admim\bid documents\I3id Docs V13SV Lighting revised 12 - 13 - IO . doc Furthermore, the OWNER reserves the right : 1 ) to omit in its entirety any one or more items of the Work without forfeiture of the Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omission ; 2) to add to the construction of any portion of the Work shown in the Contract Documents ; and 3 ) and to adjust the price in accordance with the unit prices in the Bid Form . 5 . QUALIFICATIONS OF BIDDERS The County reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any bidder to perform the work. If, after the investigation , the evidence of competency and financial ability is not satisfactory, the County reserves the right to reject the bid . 6 . SUBMITTAL , RECEIPT, AND OPENING OF BIDS 6 . 1 Submission of Bids . All bids must be submitted in a sealed envelope , addressed and mailed or delivered as stated in the Invitation to Bid, marked with the Project title and name and address of the BIDDER and accompanied by a completed Sworn Statement Under the Florida Trench Safety Act (if applicable) , sworn statement under Section 105 . 08 , Indian River County Code , the Bid Security and other required documents which are included in the Contract Documents . If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation " BID ENCLOSED " on the face thereof. 6 . 2 . Any bidder may withdraw his bid either personally or by telegraphic or written communication at any time prior to the scheduled closing time for the bid . The bidder shall submit his bid on the form furnished along with all information indicated on the form . Bids shall be in the units specified for each item . The bidder shall enter the company name wherever the bid form so indicates . Bids shall be opened and publicly read at the time and place indicated in the Invitation to Bid . Once bids are opened, they become the property of the County and will not be returned . The bids become "public records " and are subject to disclosure pursuant to Florida Statutes section 1 ] 9 . 07 (m) within 10 days after bid opening . 7 . CONSIDERATION OF BIDS AND AWARD OF CONTRACT The contract will be awarded to the lowest responsible and responsive bidder whose bid , conforming to the specifications and/or instructions to bidder, will be the most advantageous to the County, price and other factors considered . The OWNER reserves the right to award the contract to other than the low bidder for such reasons as acceptability of specific products or designs , delivery times , warranties, past performance , unacceptable deviations or exceptions taken to the Contract Documents specifications or degree of compliance with any other requirement of the Contract Documents specifications . Further, OWNER shall have the right to consider price , quality, time required for performance and qualifications of the bidder in making the award . The OWNER reserves the right to waive any and all irregularities and to reject any or all bids in the best interest of the OWNER and award the contract to the responsible bidder whose bid is determined to be in the best interest of the County . 6 FAPublic Works\ ENGINEERING DIVISION PROJECTS\ 1042 VI3 Sports Village Lighting\Admim\bid documents\I3id Docs V13SV Lighting revised 12 - 13 - IO . doc If the contract is awarded, the OWNER will accept the bid and award the contract to the successful bidder within sixty (60) days after the opening of the bids , by written notice to the successful bidder . The award of the contract will be made to one CONTRACTOR only for all work to be done . Failure on the part of the successful bidder to execute a contract within fifteen (15 ) days after the notice of acceptance shall be just cause for annulment of award . The OWNER may then accept the bid of the next best- evaluated bid or re -advertise for bid . For and in consideration of the County considering Bids submitted, the Bidder, by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever, in the event the County exercises its right to cancel the award in accordance herewith . Furthermore , the County reserves the right : to omit in its entirety any one or more items of the Work without forfeiture of the Contract or claims for loss of anticipated profits or any claims by the successful Bidder as Contractor on account of such omission ; and to add to the construction of any portion of the Work shown on the Specifications . 8 . ACCEPTANCE OF OFFER The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon completion of all steps in the purchasing process and issuance by the County of a contractual document . 9 . TRENCH SAFETY (If applicable) Florida Statutes Sections 553 . 60 through 553 . 64 , known as the " Trench Safety Act " , requires all contractors engaged by Indian River County, Florida to comply with the Occupational Safety and Health Administration ' s excavation safety standards , found in 29 C . F . R. Subpart P , sections 1926 . 650 - 1926 . 652 . All prospective contractors are required to complete and sign the Trench Safety Act Compliance Statement and provide compliance cost information where indicated . The costs for compliance with the Trench Safety Act must be incorporated into this Project' s base Bid . IO . CONFLICT OF INTEREST The bidder, by signing his bid , certifies that to the best of his knowledge or belief, no elected/appointed official or employee of the County is financially interested, directly or indirectly, in the purchase of the goods or services specified on this order . 1 LINSURANCE : The types and amounts of insurance coverage ' s required for this Project are set forth in the Contract Documents , 12 , PERMITS AND LICENSES : The CONTRACTOR shall procure all permits and licenses , pay all charges and fees and give all notice necessary and incidental to the performance of the Work . In accordance with Florida Statutes Section 218 . 80 , the "Public Bid Disclosure Act " , Indian River County as OWNER is obligated to disclose all license , permit, impact or inspection fees that are payable to Indian River County as OWNER in connection with the construction of the Work by the accepted Bidder. 13 . PUBLIC ENTITY CRIMES : Pursuant to Florida Statutes Section 287 . 133 (2) (a) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public 7 17 :\Public Works\ENG ]NEE RING DIVISION PROJECTS\ 1042 V13 Sports Village LightingWdmim\bid documents\laid Does VBSV Lighting revised 12 - 13 - 10 . doe If the contract is awarded, the OWNER will accept the bid and award the contract to the successful bidder within sixty (60) days after the opening of the bids , by written notice to the successful bidder . The award of the contract will be made to one CONTRACTOR only for all work to be done . Failure on the part of the successful bidder to execute a contract within fifteen (15 ) days after the notice of acceptance shall be just cause for annulment of award . The OWNER may then accept the bid of the next best- evaluated bid or re -advertise for bid . For and in consideration of the County considering Bids submitted, the Bidder, by submitting its Bid , expressly waives any claim to damages , of any kind whatsoever, in the event the County exercises its right to cancel the award in accordance herewith . Furthermore , the County reserves the right : to omit in its entirety any one or more items of the Work without forfeiture of the Contract or claims for loss of anticipated profits or any claims by the successful Bidder as Contractor on account of such omission ; and to add to the construction of any portion of the Work shown on the Specifications . 8 . ACCEPTANCE OF OFFER The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon completion of all steps in the purchasing process and issuance by the County of a contractual document . 9 . TRENCH SAFETY (If applicable) Florida Statutes Sections 553 . 60 through 553 . 64 , known as the " Trench Safety Act " , requires all contractors engaged by Indian River County, Florida to comply with the Occupational Safety and Health Administration ' s excavation safety standards , found in 29 C . F . R. Subpart P , sections 1926 . 650 - 1926 . 652 . All prospective contractors are required to complete and sign the Trench Safety Act Compliance Statement and provide compliance cost information where indicated . The costs for compliance with the Trench Safety Act must be incorporated into this Project' s base Bid . IO . CONFLICT OF INTEREST The bidder, by signing his bid , certifies that to the best of his knowledge or belief, no elected/appointed official or employee of the County is financially interested, directly or indirectly, in the purchase of the goods or services specified on this order . 1 LINSURANCE : The types and amounts of insurance coverage ' s required for this Project are set forth in the Contract Documents , 12 , PERMITS AND LICENSES : The CONTRACTOR shall procure all permits and licenses , pay all charges and fees and give all notice necessary and incidental to the performance of the Work . In accordance with Florida Statutes Section 218 . 80 , the "Public Bid Disclosure Act " , Indian River County as OWNER is obligated to disclose all license , permit, impact or inspection fees that are payable to Indian River County as OWNER in connection with the construction of the Work by the accepted Bidder. 13 . PUBLIC ENTITY CRIMES : Pursuant to Florida Statutes Section 287 . 133 (2) (a) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public 7 17 :\Public Works\ENG ]NEE RING DIVISION PROJECTS\ 1042 V13 Sports Village LightingWdmim\bid documents\laid Does VBSV Lighting revised 12 - 13 - 10 . doe entity crime may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies , or any political subdivision) ; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids , proposals , or replies on leases of real property to a public entity ; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $ 25 , 0001 for a period of 36 months from the date of being placed on the convicted vendor list . A " public entity crime " means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to , any bid , proposal , reply , or contract for goods or services , any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud , theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation . 14 . PUBLIC DISCLOSURE STATEMENT Conflict of Interest : Any entity submitting a bid or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or County employee . The relationship with either that must be disclosed is as follows : Father, mother, son daughter, brother, sister, uncle, aunt, first cousin, nephew, niece , husband, wife , father-in- law, mother- in- law, daughter- in- law, son-in- law, brother- in -law, sister- in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, half brother, half sister, grandparent, or grandchild . The term " affiliate" includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . The disclosure of relationships shall be a sworn statement made on a County approved form . (Form provided in the Forms Section of this Bid) . Failure to submit form may be cause for rejection of bid . 8 P :\Public Works\ENG IN EER ING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12 - 13 - IO. doe entity crime may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies , or any political subdivision) ; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids , proposals , or replies on leases of real property to a public entity ; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $ 25 , 0001 for a period of 36 months from the date of being placed on the convicted vendor list . A " public entity crime " means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to , any bid , proposal , reply , or contract for goods or services , any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud , theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation . 14 . PUBLIC DISCLOSURE STATEMENT Conflict of Interest : Any entity submitting a bid or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or County employee . The relationship with either that must be disclosed is as follows : Father, mother, son daughter, brother, sister, uncle, aunt, first cousin, nephew, niece , husband, wife , father-in- law, mother- in- law, daughter- in- law, son-in- law, brother- in -law, sister- in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, half brother, half sister, grandparent, or grandchild . The term " affiliate" includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . The disclosure of relationships shall be a sworn statement made on a County approved form . (Form provided in the Forms Section of this Bid) . Failure to submit form may be cause for rejection of bid . 8 P :\Public Works\ENG IN EER ING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12 - 13 - IO. doe BID PACKAGE CONTENTS THIS PACKAGE CONTAINS : TITLE PAGE NUMBER Bid Form 10 Bid Bond 13 Sworn Statement on Disclosure of Relationships 14 Sworn Statement Under the Florida Trench Safety Act 16 Bidders Questionnaire 18 List of Subcontractors 20 SUBMIT ONE ( 1 ) ORIGINAL. AND TWO (2) COPIES Of THIS COMPLETE PACKAGE WRTH YOUR BID 9 p :\Purchasing\Bids\2010-201 I FY (2011 000)\2011025 Vero Beach Sports Village Sports Lighting System\Bid Does VBSV Lightinu ; revised Seclion I aloe BID PACKAGE CONTENTS THIS PACKAGE CONTAINS : TITLE PAGE NUMBER Bid Form 10 Bid Bond 13 Sworn Statement on Disclosure of Relationships 14 Sworn Statement Under the Florida Trench Safety Act 16 Bidders Questionnaire 18 List of Subcontractors 20 SUBMIT ONE ( 1 ) ORIGINAL. AND TWO (2) COPIES Of THIS COMPLETE PACKAGE WRTH YOUR BID 9 p :\Purchasing\Bids\2010-201 I FY (2011 000)\2011025 Vero Beach Sports Village Sports Lighting System\Bid Does VBSV Lightinu ; revised Seclion I aloe BID FORM Bidder Electrical Contracting SErvice , Inc . (Bidder ' s Name) hereafter called "CONTRACTOR " , hereby submits TO : INDIAN RIVER County Purchasing Division 1800 27th Street Vero Beach , Florida 32960 Project : Indian River County Bid # 201. 1025 Project Name VERO BEACH SPORTS VILLAGE SPORTS LIGHUNG SYSTEMS Indian River County, Florida Bid : VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS The Bidder, having carefully and to its full satisfaction examined the Contract Documents and the Project site, for that Project known as : VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS and being familiar with all of the conditions surrounding the construction for the proposed Work, including the availability of materials and labor, hereby proposes tofurnish and pay for all related labor, equipment, materials, supplies, service,:,, and fees, required fully to complete all Work for the Project in accordance with all requirements of the Contract Documents, and to construct the Work in accordance with the Contract Documents, within the time set forth therein and at the prices stated in this Bid Form . Proposed Contract Sum : Bse Bid Amount /of: T J1_ �_ 11r� �/► rf� 1 " '` r rUr. 1 ^ � In � A 'b� O � � I � AS If 41A15 Base laid Price Written Performance : If the Contract amount exceeds $ 100,000 . 00 please identify the cost of the Public Construction Bond included in your bid . Cost of Bond$ g 200 Addenda : The following Addenda have been received and are included in the Base Bid : Addendum No . 1 Yes _✓ Date �a � '"j _ a.b 11 Addendum No. 2 Yes ,/ Date so, a tie a,011 Addendum No . 3 Yes 7 Date 7ra �i r) , a61 j Addendum No. 4 Yes Date 10 P:1PurchasinglRids\2010-2011 FY (2011000)\201 1025 Vero Reach Sports Village Sports Lighting SystemlBid Does VBSV Lighting revised Section 1 .doc BID FORM Bidder Electrical Contracting SErvice , Inc . (Bidder ' s Name) hereafter called "CONTRACTOR " , hereby submits TO : INDIAN RIVER County Purchasing Division 1800 27th Street Vero Beach , Florida 32960 Project : Indian River County Bid # 201. 1025 Project Name VERO BEACH SPORTS VILLAGE SPORTS LIGHUNG SYSTEMS Indian River County, Florida Bid : VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS The Bidder, having carefully and to its full satisfaction examined the Contract Documents and the Project site, for that Project known as : VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS and being familiar with all of the conditions surrounding the construction for the proposed Work, including the availability of materials and labor, hereby proposes tofurnish and pay for all related labor, equipment, materials, supplies, service,:,, and fees, required fully to complete all Work for the Project in accordance with all requirements of the Contract Documents, and to construct the Work in accordance with the Contract Documents, within the time set forth therein and at the prices stated in this Bid Form . Proposed Contract Sum : Bse Bid Amount /of: T J1_ �_ 11r� �/► rf� 1 " '` r rUr. 1 ^ � In � A 'b� O � � I � AS If 41A15 Base laid Price Written Performance : If the Contract amount exceeds $ 100,000 . 00 please identify the cost of the Public Construction Bond included in your bid . Cost of Bond$ g 200 Addenda : The following Addenda have been received and are included in the Base Bid : Addendum No . 1 Yes _✓ Date �a � '"j _ a.b 11 Addendum No. 2 Yes ,/ Date so, a tie a,011 Addendum No . 3 Yes 7 Date 7ra �i r) , a61 j Addendum No. 4 Yes Date 10 P:1PurchasinglRids\2010-2011 FY (2011000)\201 1025 Vero Reach Sports Village Sports Lighting SystemlBid Does VBSV Lighting revised Section 1 .doc The Bidder agrees, if it is awarded the Contract, to commence Work under the Contract upon receipt of the Notice 'To Proceed from the Owner. Bidder further agrees to pay to Indian River County the amount of Five Hundred Dollars ($500.00) per calendar day, not as a penalty but as liquidated damages, as set forth in the Contract Documents , for each consecutive calendar day after the date of substantial completion that the Work is not completed as provided in the Contract Documents . Time of Completion : The Work shall commence immediately upon receipt of the Notice To Proceed from the Owner and shall be substantially complete on or before 150 consecutive calendar days thereafter. Final completion shall be 30 calendar days thereafter. Acceptance of Bid : The CONTRACTOR understands and agrees that the Owner reserves the right to accepi: or reject any or all Bids submitted within 60 calendar days from the date of the Bid opening . CONTRACTOR acknowledges that it shall be bound by the terms of this Bid and agrees that it will not withdraw its Bid for said period of time . Owner anticipates award of bid within 60 calendar clays from bid opening . Time : Time is of the essence. The undersigned bidder agrees, that if awarded a contract, to execute an agreement within 15 days after notification of award ; to furnish the Public Construction Bond ( if applicable) ; and provide all required insurance certificates in the same time frame . Respectfully Submitted , Electrical Contracting Service , Inc , 2375 Weast 77th Street- Name treet Name of Address Hialeah , FL 33016 Y Authorize Signature City, State, Zip Code President ( 305 , 556 - 0041 Title Phone Date Signed (Corporate Seal) E-mail : ECSINC25@AOL . COM Business Receipt Number : ?J FEIN Number : 59 - 2552102 F: Ttit chasing\Bids\2010-201 1 FY (2011000)\201 1025 Vero Bench Sports Village Sports Lighting System\Bid Docs VBSV Lighting revised Section I I .doc The Bidder agrees, if it is awarded the Contract, to commence Work under the Contract upon receipt of the Notice 'To Proceed from the Owner. Bidder further agrees to pay to Indian River County the amount of Five Hundred Dollars ($500.00) per calendar day, not as a penalty but as liquidated damages, as set forth in the Contract Documents , for each consecutive calendar day after the date of substantial completion that the Work is not completed as provided in the Contract Documents . Time of Completion : The Work shall commence immediately upon receipt of the Notice To Proceed from the Owner and shall be substantially complete on or before 150 consecutive calendar days thereafter. Final completion shall be 30 calendar days thereafter. Acceptance of Bid : The CONTRACTOR understands and agrees that the Owner reserves the right to accepi: or reject any or all Bids submitted within 60 calendar days from the date of the Bid opening . CONTRACTOR acknowledges that it shall be bound by the terms of this Bid and agrees that it will not withdraw its Bid for said period of time . Owner anticipates award of bid within 60 calendar clays from bid opening . Time : Time is of the essence. The undersigned bidder agrees, that if awarded a contract, to execute an agreement within 15 days after notification of award ; to furnish the Public Construction Bond ( if applicable) ; and provide all required insurance certificates in the same time frame . Respectfully Submitted , Electrical Contracting Service , Inc , 2375 Weast 77th Street- Name treet Name of Address Hialeah , FL 33016 Y Authorize Signature City, State, Zip Code President ( 305 , 556 - 0041 Title Phone Date Signed (Corporate Seal) E-mail : ECSINC25@AOL . COM Business Receipt Number : ?J FEIN Number : 59 - 2552102 F: Ttit chasing\Bids\2010-201 1 FY (2011000)\201 1025 Vero Bench Sports Village Sports Lighting System\Bid Docs VBSV Lighting revised Section I I .doc ITEMIZED BID SCHEDULE PROJECT NAME : VERO BEACH SPORTS VILLAGE LIGHTING INDIAN RIVER COUNTY PROJECT NO. 1042 BID NUMBER : 2011025 BIDDER ' S NAME : Electrical contracting Service , Inc . rnk � •. a r ��' � � � Ir�`jr� 1•^ S+ n t r� � xrN i 4 �rt } Y h rt � t r � vs�3s` 3'+'� :s Syi nM' �°F'fl �t R f �r l i �,+k £' N Ui'liII hs '� b'ir m s s ' .tr n Y r y ri ? � killf : ` SPORTS LIGHTING (COMPLETE) FOR " 1 BASEBALL FIELD # 1 ( INCLUDING 1 LS BULLPEN 3>a , `,1b0 — 31-A . gbU — SPORTS LIGHTING (COMPLETE ) FOR 2 BASEBALL FIELD #2 1 LS 3) ;z , Li Doz 84-i UU- 3 PUBLIC CONSTRUCTION BOND 1 LS � � '� pD _ � , �) 60 - 4 RECORD DRAWINGS/AS BUILT DRAWINGS 1 LS 560 - 500 - TOTAL. b39 , v 00 — LS = Lump Scam TOTAL BID AMOUNT : $ > 1 , 000 _ TOTAL BID AMOUNT ( IN WORDS ) : .S � � !� LAJCrQrt �� or `� IZ� r. ,i�� uw, •. � � b � � orS �(7 F:\Purchasing\f3ids\201 0-201 1 FY (201 1000)12011025 Vero Beach Sports Village Sports Lighting SystemlBid Docs VBSV Lighting revised Section 2 l . doe ITEMIZED BID SCHEDULE PROJECT NAME : VERO BEACH SPORTS VILLAGE LIGHTING INDIAN RIVER COUNTY PROJECT NO. 1042 BID NUMBER : 2011025 BIDDER ' S NAME : Electrical contracting Service , Inc . rnk � •. a r ��' � � � Ir�`jr� 1•^ S+ n t r� � xrN i 4 �rt } Y h rt � t r � vs�3s` 3'+'� :s Syi nM' �°F'fl �t R f �r l i �,+k £' N Ui'liII hs '� b'ir m s s ' .tr n Y r y ri ? � killf : ` SPORTS LIGHTING (COMPLETE) FOR " 1 BASEBALL FIELD # 1 ( INCLUDING 1 LS BULLPEN 3>a , `,1b0 — 31-A . gbU — SPORTS LIGHTING (COMPLETE ) FOR 2 BASEBALL FIELD #2 1 LS 3) ;z , Li Doz 84-i UU- 3 PUBLIC CONSTRUCTION BOND 1 LS � � '� pD _ � , �) 60 - 4 RECORD DRAWINGS/AS BUILT DRAWINGS 1 LS 560 - 500 - TOTAL. b39 , v 00 — LS = Lump Scam TOTAL BID AMOUNT : $ > 1 , 000 _ TOTAL BID AMOUNT ( IN WORDS ) : .S � � !� LAJCrQrt �� or `� IZ� r. ,i�� uw, •. � � b � � orS �(7 F:\Purchasing\f3ids\201 0-201 1 FY (201 1000)12011025 Vero Beach Sports Village Sports Lighting SystemlBid Docs VBSV Lighting revised Section 2 l . doe AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "ATA Document A310 Biel Bond " END OF SECTION 13 F-Winehasin& ids\2010-201 1 rY (201 1000)\2011025 Vero Beach Sports Village Sports Lighting System\Bid Docs VBSV Lighting., revised Section l .doc AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "ATA Document A310 Biel Bond " END OF SECTION 13 F-Winehasin& ids\2010-201 1 rY (201 1000)\2011025 Vero Beach Sports Village Sports Lighting System\Bid Docs VBSV Lighting., revised Section l .doc TI-IF. MAIN STREF_T AMERICA GROUP NGM Insrirance Company • Old Dominion Insurance Company Main Sheat Arnorica Assurance Company • MSA Insurance Company Information Systems and Services Corporation Bid Bond KNOW ALL MEN BY THESE PRESENTS , that we ( Here insert full name and address of legal title of Contractor) Electrical Contracting Service Inc 2375 W 77 St, Hialeah , FI 33016 as Principal , hereinafter called the Principal , and ( Here insert full name and address or legal title of Surety) NGM Insurance Company 4601 Touchton Rd . East #3300 Jacksonville , FL 32246 a corporation dilly organized under the laws of the State of Florida as Surety , hereinafter called the Surety , are held and firmly bound unto ( Here insert full name and address or legal title of Owner) Indian River County Purchasing Dept 1800 27 St , Vero Beach , FI 32960 as Obligee , hereinafter called the Obligee , in the sum of 5 % of Bid not to exceed Sixty Thousand Dollars ($60 , 000 . 00 ) , 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 . WHEREAS , the Principal has submitted a bid for ( Here insert full name , address and description of project) Vero Beach Sports Village Sports Lighting Systems , Bid # 2011025 NOW , THEREFORE , if the 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 Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure cf 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 Olaligee may in good faith contract with another party to perform the Work covered by said bid , then this obligation shall be null and void , otherwise to remain in full force and effect . Signed and sealed this 21 day of January , 2011 C Electrical Contracting Service Inc - --- — - - - - ( Pri cid ( Seal ) -- (Witness ) ( Title ) Charles Floyd , Pres �-- NGM-- Insurance Company (Sur�tY). (Witness ) Charlotte Floyd ' (Title ) Attorney-in -fact dd ;.�. Printed in cooperation with the American Institute of Architects (AIA) by the NGM IrsUrarice- Compet" of 4601 Touchton Rd . Fast #3300 , Jacksonville , FL 32246 904-642-3000 . The language in this document r :onforrns exactly to the language used in AIA Document A310 , Febru ;. ry , 1970 edition . 68 -5302 ( 11 /00 ) TI-IF. MAIN STREF_T AMERICA GROUP NGM Insrirance Company • Old Dominion Insurance Company Main Sheat Arnorica Assurance Company • MSA Insurance Company Information Systems and Services Corporation Bid Bond KNOW ALL MEN BY THESE PRESENTS , that we ( Here insert full name and address of legal title of Contractor) Electrical Contracting Service Inc 2375 W 77 St, Hialeah , FI 33016 as Principal , hereinafter called the Principal , and ( Here insert full name and address or legal title of Surety) NGM Insurance Company 4601 Touchton Rd . East #3300 Jacksonville , FL 32246 a corporation dilly organized under the laws of the State of Florida as Surety , hereinafter called the Surety , are held and firmly bound unto ( Here insert full name and address or legal title of Owner) Indian River County Purchasing Dept 1800 27 St , Vero Beach , FI 32960 as Obligee , hereinafter called the Obligee , in the sum of 5 % of Bid not to exceed Sixty Thousand Dollars ($60 , 000 . 00 ) , 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 . WHEREAS , the Principal has submitted a bid for ( Here insert full name , address and description of project) Vero Beach Sports Village Sports Lighting Systems , Bid # 2011025 NOW , THEREFORE , if the 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 Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure cf 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 Olaligee may in good faith contract with another party to perform the Work covered by said bid , then this obligation shall be null and void , otherwise to remain in full force and effect . Signed and sealed this 21 day of January , 2011 C Electrical Contracting Service Inc - --- — - - - - ( Pri cid ( Seal ) -- (Witness ) ( Title ) Charles Floyd , Pres �-- NGM-- Insurance Company (Sur�tY). (Witness ) Charlotte Floyd ' (Title ) Attorney-in -fact dd ;.�. Printed in cooperation with the American Institute of Architects (AIA) by the NGM IrsUrarice- Compet" of 4601 Touchton Rd . Fast #3300 , Jacksonville , FL 32246 904-642-3000 . The language in this document r :onforrns exactly to the language used in AIA Document A310 , Febru ;. ry , 1970 edition . 68 -5302 ( 11 /00 ) SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No . 2011025 for - _ Vero Beach Sports Village Sport Li hting Systems 2 . This sworn statement is submitted by: Electrical Contracting Service , Inc (blame of entity submitting Statement) whose business address is : 2375 West 77th Street , Hialeah , FL 33016 And its Federal Employer Identification Number (FEIN) is 59 - 2552102 3 . Mynalne is Charles H . Floyd (Please print name of individual signing) and my relationship to the entity named above is President 4 . 1 understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code, means : The term "affiliate" includes those officers, directors, executives, partners, shareholders , employees, members, and agents who are active in the management of the entity. 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son , daughter, brother, sister, uncle, aunt, first cousin , nephew, niece, husband, wife, father-in - law, mother- in - law, daughter- in - law, son - in-law, brother-in - law, sister- in-law, stepfather, stepmother, stepson , stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild . 6 . Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement . [Please indicate which statement applies . ] XX Neither the entity submitting this sworn statement, nor any offict°rs, 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 . 1.1 :\Purchasing\Bids\2010-201 1 FY (2011 000)\2011025 Vero Beach Sports Village Sports Lighting System\Bid Docs VBSV Lighting revised Sectioln4 l .drn; L SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No . 2011025 for - _ Vero Beach Sports Village Sport Li hting Systems 2 . This sworn statement is submitted by: Electrical Contracting Service , Inc (blame of entity submitting Statement) whose business address is : 2375 West 77th Street , Hialeah , FL 33016 And its Federal Employer Identification Number (FEIN) is 59 - 2552102 3 . Mynalne is Charles H . Floyd (Please print name of individual signing) and my relationship to the entity named above is President 4 . 1 understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code, means : The term "affiliate" includes those officers, directors, executives, partners, shareholders , employees, members, and agents who are active in the management of the entity. 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son , daughter, brother, sister, uncle, aunt, first cousin , nephew, niece, husband, wife, father-in - law, mother- in - law, daughter- in - law, son - in-law, brother-in - law, sister- in-law, stepfather, stepmother, stepson , stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild . 6 . Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement . [Please indicate which statement applies . ] XX Neither the entity submitting this sworn statement, nor any offict°rs, 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 . 1.1 :\Purchasing\Bids\2010-201 1 FY (2011 000)\2011025 Vero Beach Sports Village Sports Lighting System\Bid Docs VBSV Lighting revised Sectioln4 l .drn; L The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee : Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) STATE OF FI- orida (Date) Cnl_1NTY OF Dade The foregoing instrument was acknowledged before me this 21 day of _Jan . _, 20_ l , by Charles H . Floyd who is personally known to mc; or who has produced Known as identification . NOTARY PUBLIC SIGN : e z"1 < el PRINT : JoAnn Mora 1 P a ±.Qgj,> e State of Florida at Large My Commission Expires : ( Seal ) JOANN MORALES SASTOQUE MY COMMISSION # DD 987123 EXPIRES: August 31 , 2014 ttf tyQ Bonded Thru Notary Public Undenwite F'\Purchasing\Bids\2010-201 1 FY (2011000)\2011025 Vero Beach Shorts Village Sports Lighting System\Bid Docs VBSV Lighting revised Sectio I .doc The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee : Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) STATE OF FI- orida (Date) Cnl_1NTY OF Dade The foregoing instrument was acknowledged before me this 21 day of _Jan . _, 20_ l , by Charles H . Floyd who is personally known to mc; or who has produced Known as identification . NOTARY PUBLIC SIGN : e z"1 < el PRINT : JoAnn Mora 1 P a ±.Qgj,> e State of Florida at Large My Commission Expires : ( Seal ) JOANN MORALES SASTOQUE MY COMMISSION # DD 987123 EXPIRES: August 31 , 2014 ttf tyQ Bonded Thru Notary Public Undenwite F'\Purchasing\Bids\2010-201 1 FY (2011000)\2011025 Vero Beach Shorts Village Sports Lighting System\Bid Docs VBSV Lighting revised Sectio I .doc SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER") , OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Project No . 1042 for Vero Beach Sports Village Sports Lighting Systems 2 . This Sworn Statement is submitted by Electrical Contracting Service , Inc . 2375 West 77th Street , Hialeah ,Ja FL me f 31301 6 �tingswomstatement) hereinafter" BID?5FRn Wes BIDDER 's address s Hialeah , FL 33016 BIDDER ' s Federal Employer Identification Number ( FEIN ) is 59 - 2 -9 -9210 -2- 3 . - 5S21n23 . My name is Charles H . Floyd and my relationship to the BIDDER (Print Name of Individual Signing ) is President (Position or Title) I certify , through my signature at the end of this Sworn Statement , that I am an authorized representative of the BIDDER . 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553 . 60 et seg Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation (s) and include the "effective date " in the citation (s) . Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation (s) is the complete and sole responsibility of the BIDDER . Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards . 5 . The BIDDER assures the OWNER that it will comply with the applicable 'Trench Safety Standards , 6 . The BIDDER has allocated and included in its bid the total amount of based on the linear feet of trench to be excavated over five ( 5 ) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method ( s ) of compliance on this Project: The determination of the appropriate 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 $ rA 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: 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 tht � OWNER or ENGINEER for accuracy , completeness or any other purpose . The OWNER and ENGINEER 16 r :\PurchasingP\Rids\20l0-20ll FY (2011000)\2011025 Vero Beach Sports Village Sports Lighting System\Rid Does VRSV Lighting revised Section 1 .doc SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER") , OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Project No . 1042 for Vero Beach Sports Village Sports Lighting Systems 2 . This Sworn Statement is submitted by Electrical Contracting Service , Inc . 2375 West 77th Street , Hialeah ,Ja FL me f 31301 6 �tingswomstatement) hereinafter" BID?5FRn Wes BIDDER 's address s Hialeah , FL 33016 BIDDER ' s Federal Employer Identification Number ( FEIN ) is 59 - 2 -9 -9210 -2- 3 . - 5S21n23 . My name is Charles H . Floyd and my relationship to the BIDDER (Print Name of Individual Signing ) is President (Position or Title) I certify , through my signature at the end of this Sworn Statement , that I am an authorized representative of the BIDDER . 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553 . 60 et seg Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation (s) and include the "effective date " in the citation (s) . Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation (s) is the complete and sole responsibility of the BIDDER . Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards . 5 . The BIDDER assures the OWNER that it will comply with the applicable 'Trench Safety Standards , 6 . The BIDDER has allocated and included in its bid the total amount of based on the linear feet of trench to be excavated over five ( 5 ) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method ( s ) of compliance on this Project: The determination of the appropriate 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 $ rA 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: 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 tht � OWNER or ENGINEER for accuracy , completeness or any other purpose . The OWNER and ENGINEER 16 r :\PurchasingP\Rids\20l0-20ll FY (2011000)\2011025 Vero Beach Sports Village Sports Lighting System\Rid Does VRSV Lighting revised Section 1 .doc 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 . Electrical Contracting BID R : Service , Inc _ ::::By : Position or Title : President Date: Jan . 21 , 201 1 STATE OF Florida COUNTY OF Dade Personally appeared before me , the undersigned authority , Charles H . Floyd who after first being sworn by me , affixed his/her signature in the space provided above on this 21 day of Jai . 12011 4L Narv�Public , State at largei " ¢u JOANNMORAtESSASTOQUE *; .: MY COMMISSION # DD 987723 My Commission Expires : . :Q= EXPIRES: August 31 , 2014 Bonded Thru Notary ruhtic underwriters * * END OF SECTION FAPrnchasing\Bids\2010-201 I FY ( 2011000)\201 1025 Vero Reach Sports Village Sporls Lighting System\Bid Docs VBSV Lighting revised Section , I .doc 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 . Electrical Contracting BID R : Service , Inc _ ::::By : Position or Title : President Date: Jan . 21 , 201 1 STATE OF Florida COUNTY OF Dade Personally appeared before me , the undersigned authority , Charles H . Floyd who after first being sworn by me , affixed his/her signature in the space provided above on this 21 day of Jai . 12011 4L Narv�Public , State at largei " ¢u JOANNMORAtESSASTOQUE *; .: MY COMMISSION # DD 987723 My Commission Expires : . :Q= EXPIRES: August 31 , 2014 Bonded Thru Notary ruhtic underwriters * * END OF SECTION FAPrnchasing\Bids\2010-201 I FY ( 2011000)\201 1025 Vero Reach Sports Village Sporls Lighting System\Bid Docs VBSV Lighting revised Section , I .doc BIDDER QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained : Indian River County Bid # 2011025 for Vero Beach Snorts Village Sports Lighting Systems I . How many years has your organization been in business ? 25 2 . Number of employees "ON THE JOB " each week? 10 3 . Will you subcontract any part of this work? If so, give details :_ P�_ 4 . The following are named as three (3 ) references - public entities, corporations or individuals for which you have performed similar work: ] ) Firm City Hialeah Phone # ( 305) 687 --262 0 Contact Jorge Guanchez 2 ) Firm City Miami Gardens Phone # (_LO5) 6 22 _80 .: 1 Contact Pam Thompson 3 ) Firm City North Miami Phone # CLO 5) 891 -741 0 Contact: KPi t- h Mi l l car 4) Firm Arch Bishop , McCarthy High Phone # ( 954) 434 - 6763 Contact Tony Massaro 5 . List three (3 ) similar projects your organization has underway or has been awarded as of this date , including the type of project; the percent complete , and the scheduled completion date I ) Pepper Park 10 % March 2011 2)_CN , ) -r I� "No.e. S IU0It; ote, 2011) 3 ) 6 . Bonding : (a) Please state your bonding capacity per project. $ 1 , 500 . 0006— .b) Please state your total bonding capacity . 2r500 , 000 . - F:\Purchasing\Bids\2010-2011 FY (201 1000)\2011025 Vero Reach Sports Village Sports Lighting System\Bid Docs VF3SV Lighting revised Sectiol g Ldoc BIDDER QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained : Indian River County Bid # 2011025 for Vero Beach Snorts Village Sports Lighting Systems I . How many years has your organization been in business ? 25 2 . Number of employees "ON THE JOB " each week? 10 3 . Will you subcontract any part of this work? If so, give details :_ P�_ 4 . The following are named as three (3 ) references - public entities, corporations or individuals for which you have performed similar work: ] ) Firm City Hialeah Phone # ( 305) 687 --262 0 Contact Jorge Guanchez 2 ) Firm City Miami Gardens Phone # (_LO5) 6 22 _80 .: 1 Contact Pam Thompson 3 ) Firm City North Miami Phone # CLO 5) 891 -741 0 Contact: KPi t- h Mi l l car 4) Firm Arch Bishop , McCarthy High Phone # ( 954) 434 - 6763 Contact Tony Massaro 5 . List three (3 ) similar projects your organization has underway or has been awarded as of this date , including the type of project; the percent complete , and the scheduled completion date I ) Pepper Park 10 % March 2011 2)_CN , ) -r I� "No.e. S IU0It; ote, 2011) 3 ) 6 . Bonding : (a) Please state your bonding capacity per project. $ 1 , 500 . 0006— .b) Please state your total bonding capacity . 2r500 , 000 . - F:\Purchasing\Bids\2010-2011 FY (201 1000)\2011025 Vero Reach Sports Village Sports Lighting System\Bid Docs VF3SV Lighting revised Sectiol g Ldoc (c) Please provide name, address and contact person of your bonding company. NGM Insurance 4601 Touchton Road Chalrlott4�! 7Floyd Jacksonville , FL 32245 7 . Have you ever failed to complete work awarded to you : ❑ Yes if so, where and why? N / A � No 8 . What equipment do you own that is available for the work ? Cranes Auger Lull Genie Lift Backhoes Trencher Gators Service Vehicles 9 . State the true, exact, correct and complete name of the partnership , corporation , or trade name under which you do business and the address of the place of business : Correct Name of Bidder: Electrical Contracting Service , Inc Address : 2375 West 77th Street Hialeah FL 33016 F :\Purchasing\Bids\2010-201 1 FY (201 1000)\2011025 Vero Beach Sports Village Sports Lighting systetn\Bid Docs VBSV Lighting; revised Sectiong l .doc (c) Please provide name, address and contact person of your bonding company. NGM Insurance 4601 Touchton Road Chalrlott4�! 7Floyd Jacksonville , FL 32245 7 . Have you ever failed to complete work awarded to you : ❑ Yes if so, where and why? N / A � No 8 . What equipment do you own that is available for the work ? Cranes Auger Lull Genie Lift Backhoes Trencher Gators Service Vehicles 9 . State the true, exact, correct and complete name of the partnership , corporation , or trade name under which you do business and the address of the place of business : Correct Name of Bidder: Electrical Contracting Service , Inc Address : 2375 West 77th Street Hialeah FL 33016 F :\Purchasing\Bids\2010-201 1 FY (201 1000)\2011025 Vero Beach Sports Village Sports Lighting systetn\Bid Docs VBSV Lighting; revised Sectiong l .doc 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 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 N } Work to be Performed Subcontractor ' s Name/Address 2 . 3 . 4 . 5 . 6 . 7 . R . 9 . 10 . Ll . 12 . 13 . 141 15 . Notre : Attach additional sheets if required . F� THIS LIST MUST BE SUBMITTED WITH YOUR BID 20 1':\Purohasing\Bids\2010-201 1 FY (201 1000)\2011025 Vero Reach Sports Village Sports Lighting System\Bid Docs VBSV Lighting revised Section l .doc 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 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 N } Work to be Performed Subcontractor ' s Name/Address 2 . 3 . 4 . 5 . 6 . 7 . R . 9 . 10 . Ll . 12 . 13 . 141 15 . Notre : Attach additional sheets if required . F� THIS LIST MUST BE SUBMITTED WITH YOUR BID 20 1':\Purohasing\Bids\2010-201 1 FY (201 1000)\2011025 Vero Reach Sports Village Sports Lighting System\Bid Docs VBSV Lighting revised Section l .doc Indian River County Purchasing Division � 1800 27" Street 0." Ver® Beach , FL 32960 Phone (772) 226- 1416 Fax (772) 770-5140 ADDENDUM NO . 1 DATE : January 7, 2011 PROJECT NAME : VERO BEACH SPORT'S VILLAGE SPORTS LIGHTING SYSTEMS BID NO . 2011025 PROJECT No. 1042 Bid Opening Date : The Bid Opening date is FRIDAY JANUARY 21 , 2011 AT 2 : 00 P&M. A Pre-Bid Conference was held on Wednesday, January 5, 2011 at 2 : 00 p .m . in Indian River County Administrative Building 66A" Conference Room A1 -303 , 1. 801 27th Street, Vero Beach , Florida 32960 . The meeting minutes are hereby incorporated into this Addendum No . 1 as an attachment. 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 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 seven calendar days prior to the date for opening of Bids shall not be answered . Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27`h 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. Page 1 of 7 F:I Publlc WorkrIENGINEERING DIVISION PROJECTS11642 VD Sports Vlllage LlghlinglAdmlml bid documenMAddendumaL4DDEND UM NO l.doc Indian River County Purchasing Division � 1800 27" Street 0." Ver® Beach , FL 32960 Phone (772) 226- 1416 Fax (772) 770-5140 ADDENDUM NO . 1 DATE : January 7, 2011 PROJECT NAME : VERO BEACH SPORT'S VILLAGE SPORTS LIGHTING SYSTEMS BID NO . 2011025 PROJECT No. 1042 Bid Opening Date : The Bid Opening date is FRIDAY JANUARY 21 , 2011 AT 2 : 00 P&M. A Pre-Bid Conference was held on Wednesday, January 5, 2011 at 2 : 00 p .m . in Indian River County Administrative Building 66A" Conference Room A1 -303 , 1. 801 27th Street, Vero Beach , Florida 32960 . The meeting minutes are hereby incorporated into this Addendum No . 1 as an attachment. 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 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 seven calendar days prior to the date for opening of Bids shall not be answered . Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27`h 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. Page 1 of 7 F:I Publlc WorkrIENGINEERING DIVISION PROJECTS11642 VD Sports Vlllage LlghlinglAdmlml bid documenMAddendumaL4DDEND UM NO l.doc CLARIFICATIONS / CORRECTIONS : The following portions of the Contract Documents are modified as shown below: 1 . TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1 ,1 SUMMARY Be Scope of Work 2, cc) DELETE THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : cc) Coordinate and pay all fees associated with electrical service connections as required by City of Vero Beach Utilities, 1 .2 LIGHTING PERFORMANCE A . AND Be DELETE BOTH ITEMS ENTIRELY AND REPLACE WITH THE FOLLOWING : A. PERFORMANCE REQUIREMENTS: PLAYING SURFACES SHALL BE LIT TO AN AVERAGE MAINTAINED LIGHT LEVEL AND UNIFORMITYAS SPECIFIED IN THE CHARTBELOw. LIGHT LEVELS SHALL BE MAINTAINED FOR 25 YEARS. LIGHTING CALCULATIONS SHALL BE DEVELOPED AND FIELD MEASUREMENTS TAKEN ON THE GRID SPACING IMTH THE MINIMUM NUMBER OF GRID POINTS SPECIFIED BELOW. Average Maximum to Grid Grid Area of Lighting Maintained Light Minimum Points Spacing Levels Uniformity Ratio Baseball Field #1 Infield 100 footcandles 1. 3: 1. 0 25 30 ' x30 ' Baseball Field #2 Infield 100 footcandles 1.3:1. 0 25 30' x30' Baseball Field #1 70 footcandles 2.4:1. 0 128 30' x30 ' Outfield Baseball Field #2 Outfield 70 footcandles 2.4: 1. 0 133 30 ' x30 ' 9. Independent Test Report: Manufacturers bidding any form of light system must provide an independent test report certifying the system meets the lumen requirements above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 2. Project References: Manufacturers bidding any form of light system must provide a minimum of five (5) project references within the state of Florida that have been completed within the last two (2) calendar years. Manufacturer will Include project name, project city, contact name, and contact phone number for each reference. B. Lamps • All Manufacturers must provide 1500 watt metal halide lamps O Lamps exceeding 180, 000 Lumens will not be approved. • Must provide lamp cut sheets O Initial lumen output of the lamp shall be based upon "lamp manufacturers Initial lumen values after 100 hours of lamp operation " per ANSI standards. A minimum light loss factor of . 95 must be used for initial calculations. Page 2 of 7 F.• IPubiic WOlkBiENGINEERINGDIVISIONPROJECTM1042 VBSPOMP711aLgeLightinel4dmimlbiddocummisiAddendumslADDENDVMNO l.doc CLARIFICATIONS / CORRECTIONS : The following portions of the Contract Documents are modified as shown below: 1 . TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1 ,1 SUMMARY Be Scope of Work 2, cc) DELETE THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : cc) Coordinate and pay all fees associated with electrical service connections as required by City of Vero Beach Utilities, 1 .2 LIGHTING PERFORMANCE A . AND Be DELETE BOTH ITEMS ENTIRELY AND REPLACE WITH THE FOLLOWING : A. PERFORMANCE REQUIREMENTS: PLAYING SURFACES SHALL BE LIT TO AN AVERAGE MAINTAINED LIGHT LEVEL AND UNIFORMITYAS SPECIFIED IN THE CHARTBELOw. LIGHT LEVELS SHALL BE MAINTAINED FOR 25 YEARS. LIGHTING CALCULATIONS SHALL BE DEVELOPED AND FIELD MEASUREMENTS TAKEN ON THE GRID SPACING IMTH THE MINIMUM NUMBER OF GRID POINTS SPECIFIED BELOW. Average Maximum to Grid Grid Area of Lighting Maintained Light Minimum Points Spacing Levels Uniformity Ratio Baseball Field #1 Infield 100 footcandles 1. 3: 1. 0 25 30 ' x30 ' Baseball Field #2 Infield 100 footcandles 1.3:1. 0 25 30' x30' Baseball Field #1 70 footcandles 2.4:1. 0 128 30' x30 ' Outfield Baseball Field #2 Outfield 70 footcandles 2.4: 1. 0 133 30 ' x30 ' 9. Independent Test Report: Manufacturers bidding any form of light system must provide an independent test report certifying the system meets the lumen requirements above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 2. Project References: Manufacturers bidding any form of light system must provide a minimum of five (5) project references within the state of Florida that have been completed within the last two (2) calendar years. Manufacturer will Include project name, project city, contact name, and contact phone number for each reference. B. Lamps • All Manufacturers must provide 1500 watt metal halide lamps O Lamps exceeding 180, 000 Lumens will not be approved. • Must provide lamp cut sheets O Initial lumen output of the lamp shall be based upon "lamp manufacturers Initial lumen values after 100 hours of lamp operation " per ANSI standards. A minimum light loss factor of . 95 must be used for initial calculations. Page 2 of 7 F.• IPubiic WOlkBiENGINEERINGDIVISIONPROJECTM1042 VBSPOMP711aLgeLightinel4dmimlbiddocummisiAddendumslADDENDVMNO l.doc 1A LIFE CYCLE COSTS DELETE A THROUGH G ENTIRELY AND REPLACE WITH THE FOLLOWING: A . Complete Lamp Replacement: Manufacturer shall include all group lamp replacements required to provide 25 years of operation based upon 500 usage hours per year. B. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot maintenance, including parts and labor for 25 years from the date of equipment shipment. Individual lamp outages shall be repaired when the usage of any field Is materially Impacted. Owner agrees to check fuses In the event of a luminaire outage. 1 .5 PLAYABILITY A. DELETE THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : A. Weight Reduction on Cross Arm Care must be taken to prevent cross arms from sagging, resulting In potential fixture misalignment. The ballasts shall be protected by a waterproof, easy access enclosure. 1 .6 MAINTENANCE EASE A. DELETE THIS ITEM ENTIRELY AND REPLACE WiTH THE FOLLOWING : A. Electrical Component Enclosure The electrical components enclosure shall be located In an easy access, secure and waterproof location. 1 .7 INSTALLATION EASE : E. ED LETS THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING: E. Pole Attachment of Electrical Component Enclosure (for external mounted enclosures) To provide fast, trouble-free Installation, the electrical enclosure shall attach to the pole with a device that Is sufficient to align the enclosure and support the weight. This shall be a sealed joint with a non.threaded connection to provide wiring access from the pole to the enclosure for both the primary and secondary circuits. To provide watertight wire access, the connection will be Basketed. All wire passages shall be "burr-free " to prevent wire abrasion damage. 1 . 8 WARRANTY AND GUARANTEE A . DELETE THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : A. 25- Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 25 years. Warranty shall guarantee light levels; lamp replacements; system energy consumption; maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty may exclude fuses, storin damage, vandalism, abuse and unauthorized repairs or alterations. B, Manufacturer shall conduct Illumination measurements on each field on a yearly basis, with owner representatives present. Page 3 of 7 F.• IPabile Work$IENG1NEEJUNGDIP7SIONPROJECTS11042 VBSpom VIl/age LlghlinglAdmimlbiddocumenlslAddendunulADDENDUMNO Ldoc 1A LIFE CYCLE COSTS DELETE A THROUGH G ENTIRELY AND REPLACE WITH THE FOLLOWING: A . Complete Lamp Replacement: Manufacturer shall include all group lamp replacements required to provide 25 years of operation based upon 500 usage hours per year. B. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot maintenance, including parts and labor for 25 years from the date of equipment shipment. Individual lamp outages shall be repaired when the usage of any field Is materially Impacted. Owner agrees to check fuses In the event of a luminaire outage. 1 .5 PLAYABILITY A. DELETE THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : A. Weight Reduction on Cross Arm Care must be taken to prevent cross arms from sagging, resulting In potential fixture misalignment. The ballasts shall be protected by a waterproof, easy access enclosure. 1 .6 MAINTENANCE EASE A. DELETE THIS ITEM ENTIRELY AND REPLACE WiTH THE FOLLOWING : A. Electrical Component Enclosure The electrical components enclosure shall be located In an easy access, secure and waterproof location. 1 .7 INSTALLATION EASE : E. ED LETS THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING: E. Pole Attachment of Electrical Component Enclosure (for external mounted enclosures) To provide fast, trouble-free Installation, the electrical enclosure shall attach to the pole with a device that Is sufficient to align the enclosure and support the weight. This shall be a sealed joint with a non.threaded connection to provide wiring access from the pole to the enclosure for both the primary and secondary circuits. To provide watertight wire access, the connection will be Basketed. All wire passages shall be "burr-free " to prevent wire abrasion damage. 1 . 8 WARRANTY AND GUARANTEE A . DELETE THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : A. 25- Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 25 years. Warranty shall guarantee light levels; lamp replacements; system energy consumption; maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty may exclude fuses, storin damage, vandalism, abuse and unauthorized repairs or alterations. B, Manufacturer shall conduct Illumination measurements on each field on a yearly basis, with owner representatives present. Page 3 of 7 F.• IPabile Work$IENG1NEEJUNGDIP7SIONPROJECTS11042 VBSpom VIl/age LlghlinglAdmimlbiddocumenlslAddendunulADDENDUMNO Ldoc PART 2 - PRODUCT 2 . 1 LIGHTING SYSTEM CONSTRUCTION A . DELETE THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : A. System Description: Lighting system shall consist of the followings 1 . Galvanized steel poles or concrete poles and galvanized steel crossarm assembly 2. Pre-stressed concrete base embedded in concrete backfill allowed to cure for minimum 24 hours before pole stress is applied. Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel portion of the foundation be located a minimum of 18 inches above final grade. Anchor bolt foundation concrete must cure for a minimum of 28 days before the pole stress Is applied. OR Pre-stressed concrete poles, direct buried or installed on concrete foundation, are allowed, pending approval of design from Professional Structural Engineer or Professional Geotechnical Engineer licensed in the State of Florida. 3. All luminaires shall be constructed with a die-cast aluminum housing or external hall shroud to protect the luminaire reflector system. 4. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation. 2.2 STRUCTURAL PARAMETERS D. 1 . THROUGH 3 DELETE THESE ITEMS ENTIRELY AND REPLACE WITH THE FOLLOWING : 1. Providing engineered foundation embedment design for alternate design by a registered engineer in the State of Florida 2. Additional materials required to achieve alternate foundation. 3. Excavation and removal of materials other than normal soils, such as rock, muck, etc. E. DELETE ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : E. Foundation Drawings: Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required. The foundation drawings must list the moment, shear (horizontal) force, and axial (vertical) force at ground level for each pole. PART 4 - EXECUTION 4. 1 INSTALLATION DELETE THE ENTIRE BEGINNING SENTENCE AND REPLACE WITH THE FOLLOWING : Page 4of7 F.'Wublic WorksIENGINEERING DIVISION PROJECTS11042 VB Sports Village LightingUdmimlbid documentstAddendumrLIDDENDVM No l.dac PART 2 - PRODUCT 2 . 1 LIGHTING SYSTEM CONSTRUCTION A . DELETE THIS ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : A. System Description: Lighting system shall consist of the followings 1 . Galvanized steel poles or concrete poles and galvanized steel crossarm assembly 2. Pre-stressed concrete base embedded in concrete backfill allowed to cure for minimum 24 hours before pole stress is applied. Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel portion of the foundation be located a minimum of 18 inches above final grade. Anchor bolt foundation concrete must cure for a minimum of 28 days before the pole stress Is applied. OR Pre-stressed concrete poles, direct buried or installed on concrete foundation, are allowed, pending approval of design from Professional Structural Engineer or Professional Geotechnical Engineer licensed in the State of Florida. 3. All luminaires shall be constructed with a die-cast aluminum housing or external hall shroud to protect the luminaire reflector system. 4. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation. 2.2 STRUCTURAL PARAMETERS D. 1 . THROUGH 3 DELETE THESE ITEMS ENTIRELY AND REPLACE WITH THE FOLLOWING : 1. Providing engineered foundation embedment design for alternate design by a registered engineer in the State of Florida 2. Additional materials required to achieve alternate foundation. 3. Excavation and removal of materials other than normal soils, such as rock, muck, etc. E. DELETE ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : E. Foundation Drawings: Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required. The foundation drawings must list the moment, shear (horizontal) force, and axial (vertical) force at ground level for each pole. PART 4 - EXECUTION 4. 1 INSTALLATION DELETE THE ENTIRE BEGINNING SENTENCE AND REPLACE WITH THE FOLLOWING : Page 4of7 F.'Wublic WorksIENGINEERING DIVISION PROJECTS11042 VB Sports Village LightingUdmimlbid documentstAddendumrLIDDENDVM No l.dac The entire system Is to be Installed In accordance with the manufacturer's written Instructions, and approved construction drawings. 4.2 ELECTRICAL A. 1 . d. DELETE ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : d. Conductors and conduit for the feeder circuit from the service entrance panel board (or from the contactor panel if applicable) to the safety disconnect. A. 1 . e, DELETE ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : e. Grounding conductors and grounding methods for the following: 1. The main service entrance panel board. (per NEC or local codes) 2. The lighting contactor enclosure. (per NEC or local codes) 3. Each electrical component enclosure mounted on or within the lighting poles. (Equipment Grounding System) (per NEC or local codes) 4. Lightning Protection for Individual poles as follows (per NFPA 780): a. A 5/8 " x 8 ' copper grounding rod burled vertically In undisturbed earth. b. A copper grounding conductor size #2/0 shall be used. SUBMITTAL CHECKLIST Design Submittal Data Checklist and Certification DELETE ENTIRE CHECKLIST AND REPLACE WITH REVISED CHECKLIST A complete section of Technical Specifications and Submittal Checklist ( pages 36 through 45) is attached and supersedes previously distributed pages . Page S of 7 F.•V Puhlic Wolk lENCINEERlNG DIVISION PROJECTS11042 VB Sporfs rillage LightingL4dmlmlbid documentsL4ddendumsUDDENDUM No 1. dac The entire system Is to be Installed In accordance with the manufacturer's written Instructions, and approved construction drawings. 4.2 ELECTRICAL A. 1 . d. DELETE ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : d. Conductors and conduit for the feeder circuit from the service entrance panel board (or from the contactor panel if applicable) to the safety disconnect. A. 1 . e, DELETE ITEM ENTIRELY AND REPLACE WITH THE FOLLOWING : e. Grounding conductors and grounding methods for the following: 1. The main service entrance panel board. (per NEC or local codes) 2. The lighting contactor enclosure. (per NEC or local codes) 3. Each electrical component enclosure mounted on or within the lighting poles. (Equipment Grounding System) (per NEC or local codes) 4. Lightning Protection for Individual poles as follows (per NFPA 780): a. A 5/8 " x 8 ' copper grounding rod burled vertically In undisturbed earth. b. A copper grounding conductor size #2/0 shall be used. SUBMITTAL CHECKLIST Design Submittal Data Checklist and Certification DELETE ENTIRE CHECKLIST AND REPLACE WITH REVISED CHECKLIST A complete section of Technical Specifications and Submittal Checklist ( pages 36 through 45) is attached and supersedes previously distributed pages . Page S of 7 F.•V Puhlic Wolk lENCINEERlNG DIVISION PROJECTS11042 VB Sporfs rillage LightingL4dmlmlbid documentsL4ddendumsUDDENDUM No 1. dac CLARIFICATIONS / CORRECTIONS WON ' T) • 2 . Transformer pad (approximately 10 feet away from existing transformer located between ball fields 1 and 2 must be constructed as part of this project and cost to be included in bid price for project. Conduit must also be included in this project between existing and new transformer. Cost of installation of conduit to be included in bid price for project . Cost for new electrical transformer will be paid to the City of Vero Beach Utilities by Indian River County. Three Phase Transformers Concrete Pad Detail is attached . Contact person at the City of Vero Beach Utilities is Chris Blahnik (772) 978 -5467. 3 . For clarification , the Remote Monitoring System and the Remote Lighting Control System have been eliminated and are not required as part of this project . 4 . The last day that you can submit questions or comments (and them answered ) is Tuesday , January 11 , 2011 . ATTACHMENTS . Revised Sheets 36 through 49 (Technical Specifications ) Transformer Pad Detail ( 1 sheet) Pre-Bid fleeting Minutes ( 5 sheets) Sign-In Sheets from Pre- Bid Meeting ( 3 sheets ) Page 6 of 7 F:iPublic {VorksIENGINEERING DIVISION PROJECTSild42 VB Spores Vlllage LightingL4dmlmlbld documentsL4ddendumsL4DDENDUM NO I. doc CLARIFICATIONS / CORRECTIONS WON ' T) • 2 . Transformer pad (approximately 10 feet away from existing transformer located between ball fields 1 and 2 must be constructed as part of this project and cost to be included in bid price for project. Conduit must also be included in this project between existing and new transformer. Cost of installation of conduit to be included in bid price for project . Cost for new electrical transformer will be paid to the City of Vero Beach Utilities by Indian River County. Three Phase Transformers Concrete Pad Detail is attached . Contact person at the City of Vero Beach Utilities is Chris Blahnik (772) 978 -5467. 3 . For clarification , the Remote Monitoring System and the Remote Lighting Control System have been eliminated and are not required as part of this project . 4 . The last day that you can submit questions or comments (and them answered ) is Tuesday , January 11 , 2011 . ATTACHMENTS . Revised Sheets 36 through 49 (Technical Specifications ) Transformer Pad Detail ( 1 sheet) Pre-Bid fleeting Minutes ( 5 sheets) Sign-In Sheets from Pre- Bid Meeting ( 3 sheets ) Page 6 of 7 F:iPublic {VorksIENGINEERING DIVISION PROJECTSild42 VB Spores Vlllage LightingL4dmlmlbld documentsL4ddendumsL4DDENDUM NO I. doc VEFRO PEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS BID NO ® 20 . 1025 PROJECT NO : 1042 ADDENDUM NO , 1 * * * * * * * * * * * ** `Phis Addendum MUST be returned with. your Bid ADDENDUM NO . 1 is submitted by Christop er er, J , .E. Engineer and .Te avis, enrchasing Manager Company Name Electrical Contracting Service , Inc . Name : Chuck ; Floyd Title ; vPresident (Type / Printed) Authorized Signature: Date: Jan . 7 , 1, 011 Telephone : 305 - 556 - 0041 Fax : 305 - 820 - 0553 Page 7 of 7 F1^411c Works)ENGINEERINGDIYISIONPROJEC MI042 ►BSbartr VifteLizkdnSL4dndmibiddoemmenpUd*n&mLAZIDEVDVONOI.doe VEFRO PEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS BID NO ® 20 . 1025 PROJECT NO : 1042 ADDENDUM NO , 1 * * * * * * * * * * * ** `Phis Addendum MUST be returned with. your Bid ADDENDUM NO . 1 is submitted by Christop er er, J , .E. Engineer and .Te avis, enrchasing Manager Company Name Electrical Contracting Service , Inc . Name : Chuck ; Floyd Title ; vPresident (Type / Printed) Authorized Signature: Date: Jan . 7 , 1, 011 Telephone : 305 - 556 - 0041 Fax : 305 - 820 - 0553 Page 7 of 7 F1^411c Works)ENGINEERINGDIYISIONPROJEC MI042 ►BSbartr VifteLizkdnSL4dndmibiddoemmenpUd*n&mLAZIDEVDVONOI.doe TECHNICAL SPECIFICATI ® NS SECTION 16526 — SPORTS FIELD LIGHTING PART 1 — GENERAL 1 . 1 SUMMARY A. General Conditions 1 . Contractor to provide a list ( 5 ) sports lighting projects completed over the last (24) months and supply appropriate references . B . Scope of work 2. Responsibilities : a) Provide electrical designs certified by a professional engineer licensed in the State of Florida b) Provide structural design for poles and foundations , certified by a professional engineer licensed in the State of Florida c) Obtain and pay for all permitting costs and necessary inspections as required . d ) Provide required poles , fixtures , foundations , and associated designs e) Provide adequate trash container for cardboard waste and packing debris Provide adequate security to protect products from theft, vandalism or damage during the installation g) Locate and mark existing irrigation systems prior to excavation . h) Repair and replacement of any grass, asphalt, curbs , and concrete damage resulting from installation . Bring site back to original condition i) Provide layout of pole locations and aiming diagram . j ) Provide light test upon completion. This must be certified by Electrical Engineer. k) Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 1) Provide materials and equipment to install or upgrade existing electrical service panels as required or necessary . m) Provide materials and equipment to install all underground conduit, wiring, pull boxes, switchgear, etc. and terminate wiring as required . n) Make appropriate contact to ensure utility locates have been done prior to excavation and trenching . Repair any such damage to existing utilities during construction. o) Remove augured spoils to owner-designated location at jobsite p ) Keep all heavy equipment off of playing surfaces when possible using due care to minimize damages q ) Provide pull box for each pole r) Pay for all utility costs applicable s) Designs per N . E . C . and all local building codes t) All conduit to be run around the fields u) Each pole to have a separate circuit v) Thwn (copper) to be used for all wiring w) Back to back fixtures will need two circuits per pole x) Contractor to establish necessary power to meet lighting specifications y) Build electrical service location per local building codes z) Provide additional 1 inch conduit & 110 Volt receptacle for all A& B Poles aa ) Provide surge protection at Ballast Enclosure and Electrical Service bb) Provide ( 1 ) selector switch for each field Reaeh rnlestris cc) Coordinate and pay all fees associated with electrical service connections as required by City of Vero Beach Utilities. 36 FAPublic Works\ENGiNEERiNG DIVISION PROJECTS\ 1042 VII Sports Village Lighting\Admim\bid documents\ADDENDUM NO. 1 TECH SPECS 1 -7- li .doe TECHNICAL SPECIFICATI ® NS SECTION 16526 — SPORTS FIELD LIGHTING PART 1 — GENERAL 1 . 1 SUMMARY A. General Conditions 1 . Contractor to provide a list ( 5 ) sports lighting projects completed over the last (24) months and supply appropriate references . B . Scope of work 2. Responsibilities : a) Provide electrical designs certified by a professional engineer licensed in the State of Florida b) Provide structural design for poles and foundations , certified by a professional engineer licensed in the State of Florida c) Obtain and pay for all permitting costs and necessary inspections as required . d ) Provide required poles , fixtures , foundations , and associated designs e) Provide adequate trash container for cardboard waste and packing debris Provide adequate security to protect products from theft, vandalism or damage during the installation g) Locate and mark existing irrigation systems prior to excavation . h) Repair and replacement of any grass, asphalt, curbs , and concrete damage resulting from installation . Bring site back to original condition i) Provide layout of pole locations and aiming diagram . j ) Provide light test upon completion. This must be certified by Electrical Engineer. k) Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 1) Provide materials and equipment to install or upgrade existing electrical service panels as required or necessary . m) Provide materials and equipment to install all underground conduit, wiring, pull boxes, switchgear, etc. and terminate wiring as required . n) Make appropriate contact to ensure utility locates have been done prior to excavation and trenching . Repair any such damage to existing utilities during construction. o) Remove augured spoils to owner-designated location at jobsite p ) Keep all heavy equipment off of playing surfaces when possible using due care to minimize damages q ) Provide pull box for each pole r) Pay for all utility costs applicable s) Designs per N . E . C . and all local building codes t) All conduit to be run around the fields u) Each pole to have a separate circuit v) Thwn (copper) to be used for all wiring w) Back to back fixtures will need two circuits per pole x) Contractor to establish necessary power to meet lighting specifications y) Build electrical service location per local building codes z) Provide additional 1 inch conduit & 110 Volt receptacle for all A& B Poles aa ) Provide surge protection at Ballast Enclosure and Electrical Service bb) Provide ( 1 ) selector switch for each field Reaeh rnlestris cc) Coordinate and pay all fees associated with electrical service connections as required by City of Vero Beach Utilities. 36 FAPublic Works\ENGiNEERiNG DIVISION PROJECTS\ 1042 VII Sports Village Lighting\Admim\bid documents\ADDENDUM NO. 1 TECH SPECS 1 -7- li .doe C . Work covered by this section of the specifications shall conform to the contract documents , engineering plans as well as state and local codes . D. The purpose of these lighting specifications is to define the performance and design standards for Vero Beach Sports Village sports lighting for baseball fields. The manufacturer / contractor shall supply lighting equipment to meet or exceed the standards set forth by the criteria set forth in these specifications . E. The sports lighting will be for the following fields: 1 . Baseball Field # 1 and #2 (See Attached Location Map) F . Airport Comments 1 . HEIGHT NOTIFICATION ZONE: Construction of lighting may affect navigable airspace . Contractor must file a Notice of Proposed Construction or Alteration ( Form 7460- 1 ) with the FAA. Prior to site plan approval , the applicant shall receive a "Determination of No Hazard" from the Federal Aviation Administration ( FAA) pursuant to Part 77 , Federal Aviation Regulations . Request for FAA approval should be made by the applicant through the FAA Southern Region office (Atlanta , GA) using FAA Form 7460- 1 . Contact Vero Beach Airport for more information (978-4930 ) . a) Any current obstruction (natural or man-made) which lies in the approach path to any runway at the Vero Beach Airport must meet the requirements of FAR Part 77 . b) All proposed landscaping or plantings shall be selected with a mature height that meets the requirements of FAR Part 77. c) An FAA line-of-sight review may be necessary for site locations adjacent to airport movement areas. Contact Airport Director's Office. 2. GENERAL: During construction , applicant shall coordinate construction activities with the Airport Director's office (772-978-4930). The applicant shall notify the Airport Director' s office at least 72 hours prior to using any construction crane or other equipment that exceeds a height of 35 feet above ground level. Proper obstruction lighting and flags are required. a ) All external lighting , during and after completion of construction , shall be directed downward at a sufficient angle so as to avoid a visual distraction to pilots in airborne aircraft in the vicinity of the airport. G . Environmental Light Control: 1 . It is the goal of this project to not negatively impact this community with excessive spill light or glare. Lighting manufacturer and installing contractor must meet requirements set forth in the lighting ordinance for Indian River County and City of Vero Beach . Manufacturer and/or contractor will be responsible for submitting a site plan which details photometric plan , the location of and description of each type of outdoor luminaire to be installed and a photograph or diagram thereof. Contractors must have a certified lighting designer, certified lighting engineer, or manufacturer's representative certify that the completed installation conforms to the approved outdoor lighting plan and the requirements of the article. Lighting manufacturer and contractor must verify with Indian River County Community Development Department and Vero Beach Planning and Development Department that "spill light control" meets the ordinance the County and City of Vero Beach, 2. Guaranteed Light Levels: The lighting system shall be designed such that the light levels are guaranteed for a period of 25 years . 3 . Contractors are required to obtain a building permit (Indian River County Building Division ) . Include the cost of said permit in bid pricing . 1 . 2 LIGHTING PERFORMANCE Ao Per#sFman e4;egeireffien n .6 speeifi . .ght levels shall be held GGAstant feF 25 yeam. Mine 0 ��14iGns shall be developed and field Aieav4i:ements-taken on the grid Gp $ K+i 37 FAPublic Woft\ENGINEERING DIVISION PROJECTSU042 VB Sports Village Lighting\Admim\bid documents\ADDENDUM NO. I TECH SPECS 1 -7- ll . doc C . Work covered by this section of the specifications shall conform to the contract documents , engineering plans as well as state and local codes . D. The purpose of these lighting specifications is to define the performance and design standards for Vero Beach Sports Village sports lighting for baseball fields. The manufacturer / contractor shall supply lighting equipment to meet or exceed the standards set forth by the criteria set forth in these specifications . E. The sports lighting will be for the following fields: 1 . Baseball Field # 1 and #2 (See Attached Location Map) F . Airport Comments 1 . HEIGHT NOTIFICATION ZONE: Construction of lighting may affect navigable airspace . Contractor must file a Notice of Proposed Construction or Alteration ( Form 7460- 1 ) with the FAA. Prior to site plan approval , the applicant shall receive a "Determination of No Hazard" from the Federal Aviation Administration ( FAA) pursuant to Part 77 , Federal Aviation Regulations . Request for FAA approval should be made by the applicant through the FAA Southern Region office (Atlanta , GA) using FAA Form 7460- 1 . Contact Vero Beach Airport for more information (978-4930 ) . a) Any current obstruction (natural or man-made) which lies in the approach path to any runway at the Vero Beach Airport must meet the requirements of FAR Part 77 . b) All proposed landscaping or plantings shall be selected with a mature height that meets the requirements of FAR Part 77. c) An FAA line-of-sight review may be necessary for site locations adjacent to airport movement areas. Contact Airport Director's Office. 2. GENERAL: During construction , applicant shall coordinate construction activities with the Airport Director's office (772-978-4930). The applicant shall notify the Airport Director' s office at least 72 hours prior to using any construction crane or other equipment that exceeds a height of 35 feet above ground level. Proper obstruction lighting and flags are required. a ) All external lighting , during and after completion of construction , shall be directed downward at a sufficient angle so as to avoid a visual distraction to pilots in airborne aircraft in the vicinity of the airport. G . Environmental Light Control: 1 . It is the goal of this project to not negatively impact this community with excessive spill light or glare. Lighting manufacturer and installing contractor must meet requirements set forth in the lighting ordinance for Indian River County and City of Vero Beach . Manufacturer and/or contractor will be responsible for submitting a site plan which details photometric plan , the location of and description of each type of outdoor luminaire to be installed and a photograph or diagram thereof. Contractors must have a certified lighting designer, certified lighting engineer, or manufacturer's representative certify that the completed installation conforms to the approved outdoor lighting plan and the requirements of the article. Lighting manufacturer and contractor must verify with Indian River County Community Development Department and Vero Beach Planning and Development Department that "spill light control" meets the ordinance the County and City of Vero Beach, 2. Guaranteed Light Levels: The lighting system shall be designed such that the light levels are guaranteed for a period of 25 years . 3 . Contractors are required to obtain a building permit (Indian River County Building Division ) . Include the cost of said permit in bid pricing . 1 . 2 LIGHTING PERFORMANCE Ao Per#sFman e4;egeireffien n .6 speeifi . .ght levels shall be held GGAstant feF 25 yeam. Mine 0 ��14iGns shall be developed and field Aieav4i:ements-taken on the grid Gp $ K+i 37 FAPublic Woft\ENGINEERING DIVISION PROJECTSU042 VB Sports Village Lighting\Admim\bid documents\ADDENDUM NO. I TECH SPECS 1 -7- ll . doc Irl to Gfid Afea e� �+Q1eLight Levels 6r�d Re+► s q RaV 100 feetsandles 1 . 11 .0 26 39'x30, 488 #eetcandles 8 25 39 3A ball Field #1 Outfietd idles 2-.4-1-0 428 38'-Y �9-fee#sa�d{es 2;4:1:8 a-33 38'u3� umeg4nainte H n ndbaak-9' : 'gal ilia 6tfateqy-iaatls��� .. to the designed FninimurA levei . As4umen-de s-aPRIied to lamp On erAeF to maintain Genstant e 2 , li;dependent Test Reped: Manu ng anyfGFM of a oaAatant light system must pFeyide ndent teSt FepaFt GeFtifying the. system meets the lumen maintenanGe GeRtF01 StFategy lamp based en lamp FeplaGerAent hows. RepaFt shall b g^cwTa r♦eflse. 3 . * 0 Ge6 within the Mate of Re- ridl.a that have been Gem pleted with On i. . e- la-st Me (2 ) ealendar years utilizing this emaet teehnelegy . MenufastureF Will include pFGjeG st p . B. LaFAP.o A.11 kkanufaGWFerns Fnust provide ! 500 INA-ft MP-tn-lhalide lamps. Lamps exGeedii; g 165 , 999 Lumens will not be aPPFA; XAd e A. Performance Requirements: Playing surfaces shall be lit to an average maintained light level and uniformity as specified in the chart below. Light levels shall be maintained for 25 years. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Average Maximum to Grid Grid Area of Lighting Maintained Light Minimum Points Spacing Levels Uniformity Ratio Baseball Field #1 Infield 100 footcandles 1 . 3: 1 . 0 25 30' x30' Baseball Field #2 Infield 100 footcandles 1.3: 1 .0 25 30' x30' Baseball Field #1 70 footcandles 2.4: 1.0 128 30' x30' Outfield Baseball Field #2 F70 footcandles 2.4: 1. 0 133 30' x30' Outfield 9 . Independent Test Report: Manufacturers bidding any form of light system must provide an independent test report certifying the system meets the lumen requirements above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 2. Project References: Manufacturers bidding any form of light system must provide a minimum of five (5) project references within the state of Florida that have been completed within the last two (2) calendar years. Manufacturer will Include project name, project city, contact name, and contact phone number for each reference. 38 FAPublic Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\bid documents\ADDENDUM NO. 1 TECH SPECS I -7- II .doc Irl to Gfid Afea e� �+Q1eLight Levels 6r�d Re+► s q RaV 100 feetsandles 1 . 11 .0 26 39'x30, 488 #eetcandles 8 25 39 3A ball Field #1 Outfietd idles 2-.4-1-0 428 38'-Y �9-fee#sa�d{es 2;4:1:8 a-33 38'u3� umeg4nainte H n ndbaak-9' : 'gal ilia 6tfateqy-iaatls��� .. to the designed FninimurA levei . As4umen-de s-aPRIied to lamp On erAeF to maintain Genstant e 2 , li;dependent Test Reped: Manu ng anyfGFM of a oaAatant light system must pFeyide ndent teSt FepaFt GeFtifying the. system meets the lumen maintenanGe GeRtF01 StFategy lamp based en lamp FeplaGerAent hows. RepaFt shall b g^cwTa r♦eflse. 3 . * 0 Ge6 within the Mate of Re- ridl.a that have been Gem pleted with On i. . e- la-st Me (2 ) ealendar years utilizing this emaet teehnelegy . MenufastureF Will include pFGjeG st p . B. LaFAP.o A.11 kkanufaGWFerns Fnust provide ! 500 INA-ft MP-tn-lhalide lamps. Lamps exGeedii; g 165 , 999 Lumens will not be aPPFA; XAd e A. Performance Requirements: Playing surfaces shall be lit to an average maintained light level and uniformity as specified in the chart below. Light levels shall be maintained for 25 years. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Average Maximum to Grid Grid Area of Lighting Maintained Light Minimum Points Spacing Levels Uniformity Ratio Baseball Field #1 Infield 100 footcandles 1 . 3: 1 . 0 25 30' x30' Baseball Field #2 Infield 100 footcandles 1.3: 1 .0 25 30' x30' Baseball Field #1 70 footcandles 2.4: 1.0 128 30' x30' Outfield Baseball Field #2 F70 footcandles 2.4: 1. 0 133 30' x30' Outfield 9 . Independent Test Report: Manufacturers bidding any form of light system must provide an independent test report certifying the system meets the lumen requirements above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 2. Project References: Manufacturers bidding any form of light system must provide a minimum of five (5) project references within the state of Florida that have been completed within the last two (2) calendar years. Manufacturer will Include project name, project city, contact name, and contact phone number for each reference. 38 FAPublic Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\bid documents\ADDENDUM NO. 1 TECH SPECS I -7- II .doc B. Lamps • All Manufacturers must provide 9500 watt metal halide lamps o Lamps exceeding 180,000 Lumens will not be approved. O Must provide lamp cut sheets ® Initial lumen output of the lamp shall be based upon "lamp manufacturers Initial lumen values after 900 hours of lamp operation " per ANSI standards. A minimum light loss factor of , 95 must be used for initial calculations. 1 . 3 ENVIRONMENTAL LIGHT CONTROL A. Spill Light Control: Average horizontal Footcandles at a distance of 150 feet from the perimeter off the field shall not exceed . 7 Footcandles on a 30' by 30' grid spacing and 140 grid points . C4 LIFE CYCLE COSTS 11 . Baseball Foeid #1 & Bullpen 226 . 22 of le6s _ . Baseball Field :07 _ 217 7mr_ less B . Gemplete Lamp asemel3t= PFOVide 25 yeaFs of opemtlon based upon 609 usage howf&-pe�. if lamp outages shall bee repaiFed when the usage of aRy field is matwiall , . . . . parted . OwneF agFees to D . Remete MORROFORg System : System shall Fneniter lighting peftFmanrse and notify rnanUfaGtUreF i manufaGtuFeF Shall notify the owneF of outages within 24 heuF6, OF the ne)d business day. The E. Remote Lighting GeRtFel Sy6tem, System Shall allGW GWneF and useFS with a Seeuiity sod seheduie anioff system opeFatien via a web eke, phone, W OF email a minhmam-ef ane yeafi im ftAonmi •de and ma' having peFFAiroSiOn u eafly Off' GGFAFAaAde by phone .outages, and shall F91699t IDAGS POWW 'S FegalAed and exeGute any Gemmands that wmilld have a, Hours of Waage* MaAUfaGtUFeF 6hall v field lighting 6ystem that is . to the awneF. 4 . -n " Infiv -. shall 198 tFaGl(ed to shGw the total hGUFS used by the faGiMy GurFent set of la F . Management Tools : Martufaoiw eld-usage-and m at) ' 39 F.-Tublic WorksIENGINEERING DIVISION PROJECTSU042 VB Sports Village Lighting\Admimlbid documents\ADDENDUMNO. 1 TECH SPECS 1 -7-1 Ldoc B. Lamps • All Manufacturers must provide 9500 watt metal halide lamps o Lamps exceeding 180,000 Lumens will not be approved. O Must provide lamp cut sheets ® Initial lumen output of the lamp shall be based upon "lamp manufacturers Initial lumen values after 900 hours of lamp operation " per ANSI standards. A minimum light loss factor of , 95 must be used for initial calculations. 1 . 3 ENVIRONMENTAL LIGHT CONTROL A. Spill Light Control: Average horizontal Footcandles at a distance of 150 feet from the perimeter off the field shall not exceed . 7 Footcandles on a 30' by 30' grid spacing and 140 grid points . C4 LIFE CYCLE COSTS 11 . Baseball Foeid #1 & Bullpen 226 . 22 of le6s _ . Baseball Field :07 _ 217 7mr_ less B . Gemplete Lamp asemel3t= PFOVide 25 yeaFs of opemtlon based upon 609 usage howf&-pe�. if lamp outages shall bee repaiFed when the usage of aRy field is matwiall , . . . . parted . OwneF agFees to D . Remete MORROFORg System : System shall Fneniter lighting peftFmanrse and notify rnanUfaGtUreF i manufaGtuFeF Shall notify the owneF of outages within 24 heuF6, OF the ne)d business day. The E. Remote Lighting GeRtFel Sy6tem, System Shall allGW GWneF and useFS with a Seeuiity sod seheduie anioff system opeFatien via a web eke, phone, W OF email a minhmam-ef ane yeafi im ftAonmi •de and ma' having peFFAiroSiOn u eafly Off' GGFAFAaAde by phone .outages, and shall F91699t IDAGS POWW 'S FegalAed and exeGute any Gemmands that wmilld have a, Hours of Waage* MaAUfaGtUFeF 6hall v field lighting 6ystem that is . to the awneF. 4 . -n " Infiv -. shall 198 tFaGl(ed to shGw the total hGUFS used by the faGiMy GurFent set of la F . Management Tools : Martufaoiw eld-usage-and m at) ' 39 F.-Tublic WorksIENGINEERING DIVISION PROJECTSU042 VB Sports Village Lighting\Admimlbid documents\ADDENDUMNO. 1 TECH SPECS 1 -7-1 Ldoc A. Complete Lamp Replacement: Manufacturer shall Include all group lamp replacements required to provide 25 years of operation based upon 500 usage hours per year. Be Preventative and Spot Maintenance: !manufacturer shall provide all preventative and spot maintenance, including parts and labor for 25 years from the date of equipment shipment. Individual lamp outages shall be repaired when the usage of any field Is materially Impacted. Owner agrees to check fuses in the event of a luminaire outage. 1 .5 PLAYABILITY mountingA, Weight Redwation 91; GF966 AFM A . Weight Reduction on Cross Arm Care must be taken to prevent cross arms from sagging, resulting in potential fixture misalignment. The ballasts shall be protected by a waterproof, easy access enclosure. B . Mounting Heights The pole mounting heights shall be minimum 90' 1 .6 MAINTENANCE EASE shall be leGated appmximately 10 feet above gFade at the pole foundation .- A. Electrical Component Enclosure The electrical components enclosure shall be located In an easy access, secure and waterproof location. B. Aiming Recapture Device To assure quality of lighting on the field is maintained , light fixtures shall have a positive repositioning device for each luminaire on the assembly. The device shall provide for automatic repositioning of the aiming after relamping . In addition , there shall be a stainless steel bolt and nut to secure the alignment. C . Labeled Assembly For easy identification and reduced maintenance time, each ballast, capacitor, and fuse shall be labeled to identify the fixture it services. D. Electrical Component Enclosure Fusing To prevent multiple failures , an individual fuse shall be provided for each ballast conductor except neutral conductors, E. Spare Fuses For ease of maintenance , spare fuses and fuse puller will be located in the lowest numbered electrical components enclosure . 40 FAPublic Works\ENGWEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\bid documents\ADDENDUM NO. 1 TECH SPECS 1 -7- 11 ,doc A. Complete Lamp Replacement: Manufacturer shall Include all group lamp replacements required to provide 25 years of operation based upon 500 usage hours per year. Be Preventative and Spot Maintenance: !manufacturer shall provide all preventative and spot maintenance, including parts and labor for 25 years from the date of equipment shipment. Individual lamp outages shall be repaired when the usage of any field Is materially Impacted. Owner agrees to check fuses in the event of a luminaire outage. 1 .5 PLAYABILITY mountingA, Weight Redwation 91; GF966 AFM A . Weight Reduction on Cross Arm Care must be taken to prevent cross arms from sagging, resulting in potential fixture misalignment. The ballasts shall be protected by a waterproof, easy access enclosure. B . Mounting Heights The pole mounting heights shall be minimum 90' 1 .6 MAINTENANCE EASE shall be leGated appmximately 10 feet above gFade at the pole foundation .- A. Electrical Component Enclosure The electrical components enclosure shall be located In an easy access, secure and waterproof location. B. Aiming Recapture Device To assure quality of lighting on the field is maintained , light fixtures shall have a positive repositioning device for each luminaire on the assembly. The device shall provide for automatic repositioning of the aiming after relamping . In addition , there shall be a stainless steel bolt and nut to secure the alignment. C . Labeled Assembly For easy identification and reduced maintenance time, each ballast, capacitor, and fuse shall be labeled to identify the fixture it services. D. Electrical Component Enclosure Fusing To prevent multiple failures , an individual fuse shall be provided for each ballast conductor except neutral conductors, E. Spare Fuses For ease of maintenance , spare fuses and fuse puller will be located in the lowest numbered electrical components enclosure . 40 FAPublic Works\ENGWEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\bid documents\ADDENDUM NO. 1 TECH SPECS 1 -7- 11 ,doc 1 .7 INSTALLATION EASE : A. Factory Wired To reduce on-site installation time and costs, all wiring of the lamp sockets, ballasts , capacitors, and fusing shall be done in the factory prior to shipment to the job site. B . Factory Aiming To eliminate the need to aim each individual fixture from the top of the pole during installation , all fixtures shall be aimed at the factory to the computer-derived angle . C . Factory Assembly To ensure fast, accurate connections , the pole-top luminaire assembly shall be completely assembled in the factory. The luminaire assembly shall consist of a lamp, lamp socket, reflector, lens , lamp cone , reinforcing retaining ring , adjustable aiming mounting device , steel cross arms, and integral wiring enclosed in a rigid raceway. D . Labeled Assembly To provide easy identification during installation , all components shall be labeled. Ta-PFGVide faStl trouble fFee insta A , the eleGtFiGal eAGIOSUFS shall attaGh to the pole with a led Bess, the-eenneetion E. Pole Attachment of Electrical Component Enclosure (for external mounted enclosures) To provide fast, trouble-free Installation, the electrical enclosure shall attach to the pole with a device that is sufficient to align the enclosure and support the weight. This shall be a sealed joint with a non-threaded connection to provide wiring access from the pole to the enclosure for both the primary and secondary circuits. To provide watertight wire access, the connection will be Basketed. All wire passages shall be "burr-free " to prevent wire abrasion damage. F . Landing Lugs in Electrical Box To allow faster, more reliable installation , the breaker in each electrical enclosure shall provide landing lugs for the conductor that provides power to the pole. G . Installation Instructions and Video The manufacturer of the lighting equipment shall provide installation instructions featuring photographs, graphics , and written directions. Videotape or DVD showing an overview of the installation of the system is requested , but not required . H . Universal Cross arm Orientation To make pole alignment easier and more reliable , the pole foundation shall be designed so the pole can be rotated in any direction to allow for universal orientation of the cross arms to the playing field 1 . Single Shipment Delivery All lighting equipment and poles shall arrive at the job site at the same time. 41 F:\Public Works\ENGINEERiNG DIVISION PROJECTS\1042 VB Sports Village Lighting\AdmWbid documents\ADDENDUMNO. 1 TECH SPECS 1 -74 Ldoc 1 .7 INSTALLATION EASE : A. Factory Wired To reduce on-site installation time and costs, all wiring of the lamp sockets, ballasts , capacitors, and fusing shall be done in the factory prior to shipment to the job site. B . Factory Aiming To eliminate the need to aim each individual fixture from the top of the pole during installation , all fixtures shall be aimed at the factory to the computer-derived angle . C . Factory Assembly To ensure fast, accurate connections , the pole-top luminaire assembly shall be completely assembled in the factory. The luminaire assembly shall consist of a lamp, lamp socket, reflector, lens , lamp cone , reinforcing retaining ring , adjustable aiming mounting device , steel cross arms, and integral wiring enclosed in a rigid raceway. D . Labeled Assembly To provide easy identification during installation , all components shall be labeled. Ta-PFGVide faStl trouble fFee insta A , the eleGtFiGal eAGIOSUFS shall attaGh to the pole with a led Bess, the-eenneetion E. Pole Attachment of Electrical Component Enclosure (for external mounted enclosures) To provide fast, trouble-free Installation, the electrical enclosure shall attach to the pole with a device that is sufficient to align the enclosure and support the weight. This shall be a sealed joint with a non-threaded connection to provide wiring access from the pole to the enclosure for both the primary and secondary circuits. To provide watertight wire access, the connection will be Basketed. All wire passages shall be "burr-free " to prevent wire abrasion damage. F . Landing Lugs in Electrical Box To allow faster, more reliable installation , the breaker in each electrical enclosure shall provide landing lugs for the conductor that provides power to the pole. G . Installation Instructions and Video The manufacturer of the lighting equipment shall provide installation instructions featuring photographs, graphics , and written directions. Videotape or DVD showing an overview of the installation of the system is requested , but not required . H . Universal Cross arm Orientation To make pole alignment easier and more reliable , the pole foundation shall be designed so the pole can be rotated in any direction to allow for universal orientation of the cross arms to the playing field 1 . Single Shipment Delivery All lighting equipment and poles shall arrive at the job site at the same time. 41 F:\Public Works\ENGINEERiNG DIVISION PROJECTS\1042 VB Sports Village Lighting\AdmWbid documents\ADDENDUMNO. 1 TECH SPECS 1 -74 Ldoc 7 .8 WARRANTY AND GUARANTEE dears -WaF )R: alteratle+16 A, 25- Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 25 years. Warranty shall guarantee light levels; lamp replacements; system energy consumption, maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fuNlllment of the warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. B . Manufacturer shall conduct illumination measurements on each field on a yearly basis, with owner representatives present. PART 2 - PRODUCT 2 . 1 LIGHTING SYSTEM CONSTRUCTION A, System DesGl:iption : Lighting system shall GelI ef the folio 4 . GI.A.1vaniZed steel poles and Grasaal;m ff steel pole and any exposed steel PeFtion of the a � - _ _ - - _ _ _ _ _ _ - _ . . - - mounted approximately 10 10Gated in the encloswe. tAtith an abrasion GtOGUGA- 01^ amps , labeled tOFAatGh field dlagFams aAd eleetFiGal design . Manual Off On Auto 681OGtOF SWRGheS shall be PFGVided-. A . System Description: Lighting system shall consist of the following: 9 . Galvanized steel poles or concrete poles and galvanized steel crossann assembly 2. Pre-stressed concrete base embedded in concrete backfill allowed to cure for minimum 24 hours before pole stress Is applied. Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel portion of the foundation be located a minimum of 98 inches above final grade. Anchor bolt foundation concrete must cure for a minimum of 28 days before the pole stress Is applied. OR 42 FAPublic WorksIENGINEERING DIVISION PROJECTSU042 VB Sports Village Lighting\Admim\bid documents\ADDENDUM NO. 1 TECH SPECS 1 -7- 11 .doc 7 .8 WARRANTY AND GUARANTEE dears -WaF )R: alteratle+16 A, 25- Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 25 years. Warranty shall guarantee light levels; lamp replacements; system energy consumption, maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fuNlllment of the warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. B . Manufacturer shall conduct illumination measurements on each field on a yearly basis, with owner representatives present. PART 2 - PRODUCT 2 . 1 LIGHTING SYSTEM CONSTRUCTION A, System DesGl:iption : Lighting system shall GelI ef the folio 4 . GI.A.1vaniZed steel poles and Grasaal;m ff steel pole and any exposed steel PeFtion of the a � - _ _ - - _ _ _ _ _ _ - _ . . - - mounted approximately 10 10Gated in the encloswe. tAtith an abrasion GtOGUGA- 01^ amps , labeled tOFAatGh field dlagFams aAd eleetFiGal design . Manual Off On Auto 681OGtOF SWRGheS shall be PFGVided-. A . System Description: Lighting system shall consist of the following: 9 . Galvanized steel poles or concrete poles and galvanized steel crossann assembly 2. Pre-stressed concrete base embedded in concrete backfill allowed to cure for minimum 24 hours before pole stress Is applied. Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel portion of the foundation be located a minimum of 98 inches above final grade. Anchor bolt foundation concrete must cure for a minimum of 28 days before the pole stress Is applied. OR 42 FAPublic WorksIENGINEERING DIVISION PROJECTSU042 VB Sports Village Lighting\Admim\bid documents\ADDENDUM NO. 1 TECH SPECS 1 -7- 11 .doc Pre-stressed concrete poles, direct buried or installed on concrete foundation, are allowed, pending approval of design from Professional Structural Engineer or Professional Geotechnical Engineer licensed in the State of Florida. 3. All luminaires shalt be constructed with a d/e-cast aluminum housing or external hall shroud to protect the luminaire reflector system. 4. Wire harness complete with an abrasion protection sleeve, strain relief and plug-In connections for fast, trouble-free Installation. B. Durability: 1 . All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed carbon steel shall be hot dip galvanized per ASTM A123 . All exposed aluminum shall be powder coated with high performance polyester or anodized . All exterior reflective inserts shall be anodized , coated , and protected from direct environmental exposure to prevent reflective degradation or corrosion . All exposed hardware and fasteners shall be stainless steel of 18-8 grade or better, passivated and coated for protection against corrosion and stress corrosion cracking . All wiring shall be enclosed within the crossarms, pole , or electrical components enclosure. 2 . To ensure added durability the luminaires must pass a 1G , 100 , 000 cycle vibration test in each of two planes . C . Lightning Protection : All structures shall be equipped with lightning protection meeting NFPA 780 standards. Contractor shall install a 20' ground rod. Each ballast enclosure and contactor cabinet to include appropriate surge protection . D. Safety: All system components shall be UL Listed for the appropriate application . 2.2 STRUCTURAL PARAMETERS A. Support Structure Wind Load Strength : Poles and other support structures, brackets, arms, bases, anchorages and foundations shall be determined based on the 2007 edition of the Florida Building Code , wind speed of 140, exposure category C and an importance factor of 1 .0. Luminaire, visor, and crossarm shall withstand 150 mph winds and maintain luminaire aiming alignment Foundation design will be based on 2007 FBC, 140 MPH , Exposure C, Standard AASHTO . B. Structural Design : The stress analysis and safety factor of the poles shall conform to AASHTO 2001 ( LTS-4) Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals. C . Soil Conditions : The design criteria for these specifications are based on soil design parameters as outlined in the geotechnical report. If a geotechnical report is not provided by the owner, the foundation design shall be based on soils that meet or exceed those of a Class 5 material as defined by 2007 FBC, Table 1804 . D. It shall be the contractor's responsibility to notify the owner if soil conditions exist other than those on which the foundation design is based , or if the soil cannot be readily excavated . Contractor may issue a change order request / estimate for the owner's approval / payment for additional costs associated with : 1 . €IOFida . 9. Providing engineered foundation embedment design for alternate design by a registered engineer in the State of Florida 1 Addit/onal materlals required to achieve alternate foundation, 43 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VII Sports Village Lighting\Admim\bid documents\ADDENDUM NO. I TECH SPECS I -7-1I .doc Pre-stressed concrete poles, direct buried or installed on concrete foundation, are allowed, pending approval of design from Professional Structural Engineer or Professional Geotechnical Engineer licensed in the State of Florida. 3. All luminaires shalt be constructed with a d/e-cast aluminum housing or external hall shroud to protect the luminaire reflector system. 4. Wire harness complete with an abrasion protection sleeve, strain relief and plug-In connections for fast, trouble-free Installation. B. Durability: 1 . All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed carbon steel shall be hot dip galvanized per ASTM A123 . All exposed aluminum shall be powder coated with high performance polyester or anodized . All exterior reflective inserts shall be anodized , coated , and protected from direct environmental exposure to prevent reflective degradation or corrosion . All exposed hardware and fasteners shall be stainless steel of 18-8 grade or better, passivated and coated for protection against corrosion and stress corrosion cracking . All wiring shall be enclosed within the crossarms, pole , or electrical components enclosure. 2 . To ensure added durability the luminaires must pass a 1G , 100 , 000 cycle vibration test in each of two planes . C . Lightning Protection : All structures shall be equipped with lightning protection meeting NFPA 780 standards. Contractor shall install a 20' ground rod. Each ballast enclosure and contactor cabinet to include appropriate surge protection . D. Safety: All system components shall be UL Listed for the appropriate application . 2.2 STRUCTURAL PARAMETERS A. Support Structure Wind Load Strength : Poles and other support structures, brackets, arms, bases, anchorages and foundations shall be determined based on the 2007 edition of the Florida Building Code , wind speed of 140, exposure category C and an importance factor of 1 .0. Luminaire, visor, and crossarm shall withstand 150 mph winds and maintain luminaire aiming alignment Foundation design will be based on 2007 FBC, 140 MPH , Exposure C, Standard AASHTO . B. Structural Design : The stress analysis and safety factor of the poles shall conform to AASHTO 2001 ( LTS-4) Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals. C . Soil Conditions : The design criteria for these specifications are based on soil design parameters as outlined in the geotechnical report. If a geotechnical report is not provided by the owner, the foundation design shall be based on soils that meet or exceed those of a Class 5 material as defined by 2007 FBC, Table 1804 . D. It shall be the contractor's responsibility to notify the owner if soil conditions exist other than those on which the foundation design is based , or if the soil cannot be readily excavated . Contractor may issue a change order request / estimate for the owner's approval / payment for additional costs associated with : 1 . €IOFida . 9. Providing engineered foundation embedment design for alternate design by a registered engineer in the State of Florida 1 Addit/onal materlals required to achieve alternate foundation, 43 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VII Sports Village Lighting\Admim\bid documents\ADDENDUM NO. I TECH SPECS I -7-1I .doc 3. Excavation and removal of materials other than normal solls, such as rock, muck, etc. state wheFe the pF.GieGt is leGated aFe FequiFed . The fbundatieF�*aw' Rgs must list the FAGMent, Shea E. Foundation Drawings: Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required. The foundation drawings must list the moment, shear (horizontal) force, and axial (vertical) force at ground level for each pole. PART 3 — QUALITY CONTROL 3 .1 MATERIALS A. Approved Materials : All materials supplied by the contractor under the provisions of these specifications and plans shall be new materials of the kind and character called for by the specifications. Defective equipment or material damaged in the course of installation or tests shall be replaced or repaired in a manner satisfactory to the owner. All materials and equipment to be furnished under these specifications shall be the standard product of a manufacturer regularly engaged in the production of such material and shall be the manufacturer's current standard design. B. Alternate Materials: The materials specified have been determined to have characteristics appropriate for the purposes of this project. No bid will be approved which proposes to use a non-approved substitute . Substitutions will not be considered in determining the lowest responsive bid . The owner engineer reserves the right to reject any or all bids. 3.2 FIELD QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA RP-6-01 , Appendix B . B. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative, the actual performance levels including footcandles, uniformity ratios , and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information , the Contractor shall be liable to any or all of the following : 1. Contractor shall at his expense provide and install any necessary additional fixtures to meet the minimum lighting standards. The Contractor shall also either replace the existing poles to meet the new wind load (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional wind load. 2. Contractor shall minimize the Owner's additional long term fixture maintenance and energy consumption costs created by the additional fixtures by reimbursing the Owner the amount of $1, 500. 00 (>rfteen hundred dollars) for each additional fixture required. 3, Contractor shall remove the entire unacceptable lighting system and install a new lighting system to meet the specifications. 4 . Due to MiLB's yearly audits, contractor shall be responsible for meeting all light levels and uniformities. If specifications are not achieved , manufacturer will be responsible for all said cost: parts , labor, cranes , or any other materials . 44 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\ADDENDUMNO. l TECH SPECS 1 -7-1 Ldoc 3. Excavation and removal of materials other than normal solls, such as rock, muck, etc. state wheFe the pF.GieGt is leGated aFe FequiFed . The fbundatieF�*aw' Rgs must list the FAGMent, Shea E. Foundation Drawings: Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required. The foundation drawings must list the moment, shear (horizontal) force, and axial (vertical) force at ground level for each pole. PART 3 — QUALITY CONTROL 3 .1 MATERIALS A. Approved Materials : All materials supplied by the contractor under the provisions of these specifications and plans shall be new materials of the kind and character called for by the specifications. Defective equipment or material damaged in the course of installation or tests shall be replaced or repaired in a manner satisfactory to the owner. All materials and equipment to be furnished under these specifications shall be the standard product of a manufacturer regularly engaged in the production of such material and shall be the manufacturer's current standard design. B. Alternate Materials: The materials specified have been determined to have characteristics appropriate for the purposes of this project. No bid will be approved which proposes to use a non-approved substitute . Substitutions will not be considered in determining the lowest responsive bid . The owner engineer reserves the right to reject any or all bids. 3.2 FIELD QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA RP-6-01 , Appendix B . B. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative, the actual performance levels including footcandles, uniformity ratios , and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information , the Contractor shall be liable to any or all of the following : 1. Contractor shall at his expense provide and install any necessary additional fixtures to meet the minimum lighting standards. The Contractor shall also either replace the existing poles to meet the new wind load (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional wind load. 2. Contractor shall minimize the Owner's additional long term fixture maintenance and energy consumption costs created by the additional fixtures by reimbursing the Owner the amount of $1, 500. 00 (>rfteen hundred dollars) for each additional fixture required. 3, Contractor shall remove the entire unacceptable lighting system and install a new lighting system to meet the specifications. 4 . Due to MiLB's yearly audits, contractor shall be responsible for meeting all light levels and uniformities. If specifications are not achieved , manufacturer will be responsible for all said cost: parts , labor, cranes , or any other materials . 44 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\ADDENDUMNO. l TECH SPECS 1 -7-1 Ldoc FART 4 - EXECUTION 4. 1 INSTALLATION The entiFe systen; is to be instaileA 1 ! The entire system is to be installed in accordance with the manufacturer's written instructions, and approved construction drawings, 4,2 ELECTRICAL A. System Design 1 . The electrical system equipment shall consist of: a. Conductors and conduit from the main service transformer to the service entrance panel board . b . The service entrance panel board with appropriate individual circuit over- current protection . The panel board shall meet local and National Electrical Code ( NEC) requirements for the size of the service , AIC rating , and the type of the environment to which it will be exposed . Electrical switchgear housing will be mounted either on a galvanized angle iron , a minimum of %" thick , with hardware that is either stainless steel or hot dipped galvanized . All feeder breakers shall be bolt on type . C. Conductors and conduit for the feeder and control circuits from the service entrance panel board to the lighting control contactors. Lighting control contactors , supplied by the sports lighting manufacturer, shall be sized per local codes and the NEC according to the circuit amperage. The contactors shall be rated for lighting applications and shall be housed in a NEMA 4 enclosure. mounted in the 618GtFisal em- leswiwe- een each lighting pole 10 ' above qFade. d. Conductors and conduit for the feeder circuit from the service entrance panel board (or from the contactor panel if applicable) to the safety disconnect. e. Grounding rend uders and grounding Fnethods fGF the. 4 , The rw 4 , Lightning WeteGfion fGF individual poles as fG!!Gws (POF NFPA 780). " d-bufied vertisat lyra-undisturbed-eart#t. abeve g b . A Gepper gFounding GOndUGtOF shall be GenneGted to the top of the leGated iRside the handhole of the pole approximately 10' above a . .. _ . . .. . .__ _. ._ . e. Grounding conductors and grounding methods for the following: 1, The main service entrance panel board. (per NEC or local codes) 2, 7'he lighting contactor enclosure, (per NEC or local codes) 45 FAPublic Works\ENGINEERING DIVISION PROJECTS\1942 VB Sports Village Lighting\Admim\bid documen4G1DDENDUM NO. I TECH SPECS 1 -7- 1 i .doc FART 4 - EXECUTION 4. 1 INSTALLATION The entiFe systen; is to be instaileA 1 ! The entire system is to be installed in accordance with the manufacturer's written instructions, and approved construction drawings, 4,2 ELECTRICAL A. System Design 1 . The electrical system equipment shall consist of: a. Conductors and conduit from the main service transformer to the service entrance panel board . b . The service entrance panel board with appropriate individual circuit over- current protection . The panel board shall meet local and National Electrical Code ( NEC) requirements for the size of the service , AIC rating , and the type of the environment to which it will be exposed . Electrical switchgear housing will be mounted either on a galvanized angle iron , a minimum of %" thick , with hardware that is either stainless steel or hot dipped galvanized . All feeder breakers shall be bolt on type . C. Conductors and conduit for the feeder and control circuits from the service entrance panel board to the lighting control contactors. Lighting control contactors , supplied by the sports lighting manufacturer, shall be sized per local codes and the NEC according to the circuit amperage. The contactors shall be rated for lighting applications and shall be housed in a NEMA 4 enclosure. mounted in the 618GtFisal em- leswiwe- een each lighting pole 10 ' above qFade. d. Conductors and conduit for the feeder circuit from the service entrance panel board (or from the contactor panel if applicable) to the safety disconnect. e. Grounding rend uders and grounding Fnethods fGF the. 4 , The rw 4 , Lightning WeteGfion fGF individual poles as fG!!Gws (POF NFPA 780). " d-bufied vertisat lyra-undisturbed-eart#t. abeve g b . A Gepper gFounding GOndUGtOF shall be GenneGted to the top of the leGated iRside the handhole of the pole approximately 10' above a . .. _ . . .. . .__ _. ._ . e. Grounding conductors and grounding methods for the following: 1, The main service entrance panel board. (per NEC or local codes) 2, 7'he lighting contactor enclosure, (per NEC or local codes) 45 FAPublic Works\ENGINEERING DIVISION PROJECTS\1942 VB Sports Village Lighting\Admim\bid documen4G1DDENDUM NO. I TECH SPECS 1 -7- 1 i .doc 2. Each electrical component enclosure mounted on or within the lighting poles. (Equipment Grounding System) (per NEC or local codes) 4, Lightning Protection for Individual poles as follows (per N_ FPA 780): a. A 5/8 " x 8 ' copper grounding rod buried vertically in undisturbed earth. b. A copper grounding conductor #2/0 shalt be used. 2 . Underground wiring shall be all copper wire and shall be installed in PVC Schedule 40 conduit and shall be buried to a depth meeting the NEC and local electrical codes . Acceptable copper wire types need to comply with any local requirements. If above ground conduit must be used , it shall be rigid . Conduit elbows located at the electrical panel should be rigid conduit. B . Trenching or Directional Boring 1 . The installing contractor shall be responsible for locating all public and privately owned underground utilities including , but not limited to, natural gas, electric, water, sewer, cable TV and telephone . Owner will provide drawings which show private utilities as best known . Contractor is responsible for confirming locations as needed to complete projects. 2 . Trenching depth and width shall be adequate to Install appropriately sized conduit and to meet local and National Electrical Codes. 3. Trenches shall be back-filled with excavated soil and compacted to approximately the same density of the surrounding soil to minimize settlement. Trenches will be sodded . 4. No trench line or feeder circuit shall cross the playing area . C. Design Standards 1 . All circuits shall be designed so as not to exceed a 3% voltage drop at the safety disconnect in the electrical enclosure near the base of each pole. 2. All work shall meet local and National Electrical Codes. It shall be the Installing contractors' responsibility to correct any work deemed unacceptable by local electrical inspectors. 3 . Each pole shall be on a dedicated circuit. If common poles are to be used , or a pole is to have fixtures on a separate circuit, another dedicated circuit shall be ran to that pole . Consult lighting equipment specifications and lighting manufacturer for special circuitry information . D, Submittal Information The successful contractor shall provide an electrical plan/schematic, detailing all of the equipment described above, as well as proposed location for equipment placement, to the owner prior to commencing work. The following " Submittal Checklist' shall be completed and submitted with the bid . 45 FAPublic Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\bid documcntsWDDENDUM NO. 1 TECH SPECS I -7-1 Ldoc 2. Each electrical component enclosure mounted on or within the lighting poles. (Equipment Grounding System) (per NEC or local codes) 4, Lightning Protection for Individual poles as follows (per N_ FPA 780): a. A 5/8 " x 8 ' copper grounding rod buried vertically in undisturbed earth. b. A copper grounding conductor #2/0 shalt be used. 2 . Underground wiring shall be all copper wire and shall be installed in PVC Schedule 40 conduit and shall be buried to a depth meeting the NEC and local electrical codes . Acceptable copper wire types need to comply with any local requirements. If above ground conduit must be used , it shall be rigid . Conduit elbows located at the electrical panel should be rigid conduit. B . Trenching or Directional Boring 1 . The installing contractor shall be responsible for locating all public and privately owned underground utilities including , but not limited to, natural gas, electric, water, sewer, cable TV and telephone . Owner will provide drawings which show private utilities as best known . Contractor is responsible for confirming locations as needed to complete projects. 2 . Trenching depth and width shall be adequate to Install appropriately sized conduit and to meet local and National Electrical Codes. 3. Trenches shall be back-filled with excavated soil and compacted to approximately the same density of the surrounding soil to minimize settlement. Trenches will be sodded . 4. No trench line or feeder circuit shall cross the playing area . C. Design Standards 1 . All circuits shall be designed so as not to exceed a 3% voltage drop at the safety disconnect in the electrical enclosure near the base of each pole. 2. All work shall meet local and National Electrical Codes. It shall be the Installing contractors' responsibility to correct any work deemed unacceptable by local electrical inspectors. 3 . Each pole shall be on a dedicated circuit. If common poles are to be used , or a pole is to have fixtures on a separate circuit, another dedicated circuit shall be ran to that pole . Consult lighting equipment specifications and lighting manufacturer for special circuitry information . D, Submittal Information The successful contractor shall provide an electrical plan/schematic, detailing all of the equipment described above, as well as proposed location for equipment placement, to the owner prior to commencing work. The following " Submittal Checklist' shall be completed and submitted with the bid . 45 FAPublic Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\bid documcntsWDDENDUM NO. 1 TECH SPECS I -7-1 Ldoc _ Y • _ x : Al IME MONS OW Rill. a 61 mrl% AIMIL'INIMAL-A IL. x s . . . . . • . imOW- - - - - s ..• R . . • - . , OWN T,1 FIT . e . x . _ _ III 14 ATM lift W ii WTM all NE 71M�7mr-11W.TTIP" fYIP.T.W.TWITT.T. © • - - _ - ' - © ■ s - _ _ _ - _ Y • _ x : Al IME MONS OW Rill. a 61 mrl% AIMIL'INIMAL-A IL. x s . . . . . • . imOW- - - - - s ..• R . . • - . , OWN T,1 FIT . e . x . _ _ III 14 ATM lift W ii WTM all NE 71M�7mr-11W.TTIP" fYIP.T.W.TWITT.T. © • - - _ - ' - © ■ s - _ _ _ - SUBMITTAL CHECKLIST Design Submittal Data Checklist and Certification Tab Item Descrl tion Listing of all information being submitted must be included on the table of contents. List A Checklist the name of the manufacturer's local representative and his/her phone number. Signed submittal checklist to be included. B Equipment Drawing(s) showing field layouts with pole locations. La out Lighting design drawing(s) showing: a. Field Name, date, file number, prepared by, and other pertinent data b. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y),or homeplate for baseball/softball fields. Illuminance levels at grid spacing specified On Field c• Pole height, number of fixtures per pole, as well as luminalre Information including C Lighting wattage, lumens and optics Design d, Height of light level test meter above field surface e. Summary table showing the number and spacing of grid points; average, minimum and maximum illuminance levels In foot candles (fc); uniformity including maximum to minimum ratio, coefNcient of variance and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. f. Alternate manufacturers shall provide both Initial and maintained light scans using a maximum 0. 70 Li ht Loss Factor to calculate maintained values. Off Field Lighting design drawing showing initial horizontal split light levels along the boundary line D Lighting (180 Ft) In footcandles. Hordzontal levels shall be at 30400t Intervals along the boundary Design line. Readings shall be taken with the meter orientation at horizontal. Photometric Provide photometric report for a typical luminalre used showing candela tabulations as E Report defined by IESNA Publication LW3"Z Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testin facilitywith over 5 years experience, Luminaire Document showing each luminaire 's aiming angle and the poles on which the luminaries F Aiming are mounted. Each aiming point shall ident! Summa fy the type of luminalre. Structural Pole structural calculations and foundation design showing foundation shape, depth G Information backfill requirements, rebar and anchor bolts (If required). Pole base reaction forces shaft be shown on the foundation drawing along with soil bearing pressures. Design must be stamped by a structural en ineer in the state of FL Performance Provide performance guarantee including a written commitment to undertake all H Guarantee corrections required to meet the performance requirements noted in these specifications at no expense to the owner. Light levels must be guaranteed per gpeciffcation for 29 Years, I Warranty Provide written warranty Information Including all terms and conditions. Project Manufacturers bidding any form of light system must provide a minlnwm of five (5) project J References references within the state of Florida that have been completed within the last two (2) calendar years utilizing this exact technology. K Product Complete set of product brochures for all components, including a complete parts list; UL Information Listings, and Manufacturers Certificate of Corrosion Protection. f L Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order Information. M Non- Manufacturer shall list all Items that do not comply with the specifications. If in full Compliance compliance, tab may be omitted. I understand that the Information supplied herein shall be used for the purpose of complying with the specifications for Vero Beach Sports Village Sports Lighting, By signing below I agree that all requirements of the specifications have been met and that the manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifications and not listed in the Non-Compliance section. Contractor. Signature: Contact Name: Date. 48 F :\Public Works\ENGINEERING DIVISION PROJECTS\1042 V13 Sports Village I.ightingWmimlbid documents\ADDENDUM NO. i TECI-I SPECS 1 -7- 11.doc SUBMITTAL CHECKLIST Design Submittal Data Checklist and Certification Tab Item Descrl tion Listing of all information being submitted must be included on the table of contents. List A Checklist the name of the manufacturer's local representative and his/her phone number. Signed submittal checklist to be included. B Equipment Drawing(s) showing field layouts with pole locations. La out Lighting design drawing(s) showing: a. Field Name, date, file number, prepared by, and other pertinent data b. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y),or homeplate for baseball/softball fields. Illuminance levels at grid spacing specified On Field c• Pole height, number of fixtures per pole, as well as luminalre Information including C Lighting wattage, lumens and optics Design d, Height of light level test meter above field surface e. Summary table showing the number and spacing of grid points; average, minimum and maximum illuminance levels In foot candles (fc); uniformity including maximum to minimum ratio, coefNcient of variance and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. f. Alternate manufacturers shall provide both Initial and maintained light scans using a maximum 0. 70 Li ht Loss Factor to calculate maintained values. Off Field Lighting design drawing showing initial horizontal split light levels along the boundary line D Lighting (180 Ft) In footcandles. Hordzontal levels shall be at 30400t Intervals along the boundary Design line. Readings shall be taken with the meter orientation at horizontal. Photometric Provide photometric report for a typical luminalre used showing candela tabulations as E Report defined by IESNA Publication LW3"Z Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testin facilitywith over 5 years experience, Luminaire Document showing each luminaire 's aiming angle and the poles on which the luminaries F Aiming are mounted. Each aiming point shall ident! Summa fy the type of luminalre. Structural Pole structural calculations and foundation design showing foundation shape, depth G Information backfill requirements, rebar and anchor bolts (If required). Pole base reaction forces shaft be shown on the foundation drawing along with soil bearing pressures. Design must be stamped by a structural en ineer in the state of FL Performance Provide performance guarantee including a written commitment to undertake all H Guarantee corrections required to meet the performance requirements noted in these specifications at no expense to the owner. Light levels must be guaranteed per gpeciffcation for 29 Years, I Warranty Provide written warranty Information Including all terms and conditions. Project Manufacturers bidding any form of light system must provide a minlnwm of five (5) project J References references within the state of Florida that have been completed within the last two (2) calendar years utilizing this exact technology. K Product Complete set of product brochures for all components, including a complete parts list; UL Information Listings, and Manufacturers Certificate of Corrosion Protection. f L Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order Information. M Non- Manufacturer shall list all Items that do not comply with the specifications. If in full Compliance compliance, tab may be omitted. I understand that the Information supplied herein shall be used for the purpose of complying with the specifications for Vero Beach Sports Village Sports Lighting, By signing below I agree that all requirements of the specifications have been met and that the manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifications and not listed in the Non-Compliance section. Contractor. Signature: Contact Name: Date. 48 F :\Public Works\ENGINEERING DIVISION PROJECTS\1042 V13 Sports Village I.ightingWmimlbid documents\ADDENDUM NO. i TECI-I SPECS 1 -7- 11.doc SIDE PULL BOX DETAIL IQ CLEARANCES FORM ALL OBSTRUCTIOKS DETAIL "C 00 ARE AS FOLLOWS: � CO FINAL GRADE 9LOPSS 10 FEET FRONT 1 1/4~ PVC CONDUIT E � 3 FEET SIDES P BOX AY FROM HOY FOR RING 11 El LANDSCAPING EXCEPT GROUND COVER OR GRAM PE WnMW WITHIN THIS AREA. IF ' RE UIRED t SETBACK OF PAD FROM ROADWAYS OR PARKING FRONT LOTS TO HE A WNRIIIM OF 5 FEET. PRIOR TO PLACINGPAD 3000 # CONCRETE © ALIS CONDUITS WILL POU TOINE INEPLACE, WITH #4 RE —EAR DIGGING UNDER THE PAD IS NOT PERMITTED 30 FOR SERVICING & MAINTENANCE, PERMANENT OPENING FOR TLL TRUCTKit ACCESS MUST BE MAiNTAiNED AT a —1 8 SECONDARY OF 31r m. ymm 45• PVC ELBOW CONDUITS (g) TOP SURFACE OF PAD SHALL BE' SMOOTH, SIDE 24" MIN RADIUS 17 " x 17 " LEVEL AND A MINIMUM OF 8" ABOVE FINAL GRADS (TYPE) E) 50 CONDUITS SHALL BE SEALED TO PREVENT sm DIRT AND DEBRIS FROM ENTERING . 8 WZ GRADE UNDER PUIL BOX Tb BE OPENING FOR I 0978-50 FOR INSPECTION. 24 HOUR A PAD INSPECTION IS REQUIRED , CALL AM COMPACTEDPRIMARY CONDUITSH 11 m AMooxDmt ENTERIIdG Pull sox NOTICE REQUIRED. SHAM BE PLACED AS NEAR THE WALL. 1 a ~ x 1 7: O OF THE BOX AS PRACTICAL O O O ll 11 27 " 1212 17" 14 " a, ,CKM _ FOOL cwx 3/4 " CHAMFER 6 ' - 10 " 4 " MIN . 10 " 4 " SLOPE ARA Y TO '� A mur ,r .� FROM PAD o � 05; T rte' ,cis. Cox R SME mra rlrou � As $tmum CON= MULE A WELL COMPACTED SUB — GRADE do pm 4r M 44b • R • .. y , t � . , • ►_ a• . � : ' : • � 'i Y TO {' Pltl JO. 10 4Y `M ` ' • .•s " ~ ', r " '. �. . . rY TO r SEC Xr 70 70' • ', . . SECONDARY CONDUITS •' ; • ` ' WITH BUSHINGS & PULL STRINGS TYPICAL TRENCH DETAIL GREY SCH 40 PVC 90 DEG . EKcO. s'" CITY OF VERO BEAC$ 4 " PRIM"YClONDUIlT ELBOW MIN . 24" RADIUS cB MUNICIPAL ELECTRIC SYSTEM WITH BUSHINGS & PULL STRINGS ASA coxPHE PAD D NTAI a 09/10 xoNE 8 2 ,o oao SIDE PULL BOX DETAIL IQ CLEARANCES FORM ALL OBSTRUCTIOKS DETAIL "C 00 ARE AS FOLLOWS: � CO FINAL GRADE 9LOPSS 10 FEET FRONT 1 1/4~ PVC CONDUIT E � 3 FEET SIDES P BOX AY FROM HOY FOR RING 11 El LANDSCAPING EXCEPT GROUND COVER OR GRAM PE WnMW WITHIN THIS AREA. IF ' RE UIRED t SETBACK OF PAD FROM ROADWAYS OR PARKING FRONT LOTS TO HE A WNRIIIM OF 5 FEET. PRIOR TO PLACINGPAD 3000 # CONCRETE © ALIS CONDUITS WILL POU TOINE INEPLACE, WITH #4 RE —EAR DIGGING UNDER THE PAD IS NOT PERMITTED 30 FOR SERVICING & MAINTENANCE, PERMANENT OPENING FOR TLL TRUCTKit ACCESS MUST BE MAiNTAiNED AT a —1 8 SECONDARY OF 31r m. ymm 45• PVC ELBOW CONDUITS (g) TOP SURFACE OF PAD SHALL BE' SMOOTH, SIDE 24" MIN RADIUS 17 " x 17 " LEVEL AND A MINIMUM OF 8" ABOVE FINAL GRADS (TYPE) E) 50 CONDUITS SHALL BE SEALED TO PREVENT sm DIRT AND DEBRIS FROM ENTERING . 8 WZ GRADE UNDER PUIL BOX Tb BE OPENING FOR I 0978-50 FOR INSPECTION. 24 HOUR A PAD INSPECTION IS REQUIRED , CALL AM COMPACTEDPRIMARY CONDUITSH 11 m AMooxDmt ENTERIIdG Pull sox NOTICE REQUIRED. SHAM BE PLACED AS NEAR THE WALL. 1 a ~ x 1 7: O OF THE BOX AS PRACTICAL O O O ll 11 27 " 1212 17" 14 " a, ,CKM _ FOOL cwx 3/4 " CHAMFER 6 ' - 10 " 4 " MIN . 10 " 4 " SLOPE ARA Y TO '� A mur ,r .� FROM PAD o � 05; T rte' ,cis. Cox R SME mra rlrou � As $tmum CON= MULE A WELL COMPACTED SUB — GRADE do pm 4r M 44b • R • .. y , t � . , • ►_ a• . � : ' : • � 'i Y TO {' Pltl JO. 10 4Y `M ` ' • .•s " ~ ', r " '. �. . . rY TO r SEC Xr 70 70' • ', . . SECONDARY CONDUITS •' ; • ` ' WITH BUSHINGS & PULL STRINGS TYPICAL TRENCH DETAIL GREY SCH 40 PVC 90 DEG . EKcO. s'" CITY OF VERO BEAC$ 4 " PRIM"YClONDUIlT ELBOW MIN . 24" RADIUS cB MUNICIPAL ELECTRIC SYSTEM WITH BUSHINGS & PULL STRINGS ASA coxPHE PAD D NTAI a 09/10 xoNE 8 2 ,o oao Indian River County purchasing .Division 1800 27"' ,street Vero Beach , FIS 32960 Phone (772) 2264416 Fax (772) 770-5140 RL ADDENDUM NO , 2 o �y DATE • Cuo° January 11 , 2011 PROJECT NAME : VERO ]BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS BID NO * 201. 1025 PROJECT No . 1042 Bid Opening Date : FRIDAY JANUARY 214 2011 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 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 seven calendar days prior to the date for opening of Bids shall not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27t6 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. Page I of 4 F_' IPnb11cWork%tENGINEERINGDIVISIONPRo'ECTSIIOd2YBSPOf* "119WIJgh!ingL4d4nla,Ihiddocumei L4d&ndbxnWDP. ENDUMN02141- 11 dnc Indian River County purchasing .Division 1800 27"' ,street Vero Beach , FIS 32960 Phone (772) 2264416 Fax (772) 770-5140 RL ADDENDUM NO , 2 o �y DATE • Cuo° January 11 , 2011 PROJECT NAME : VERO ]BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS BID NO * 201. 1025 PROJECT No . 1042 Bid Opening Date : FRIDAY JANUARY 214 2011 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 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 seven calendar days prior to the date for opening of Bids shall not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27t6 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. Page I of 4 F_' IPnb11cWork%tENGINEERINGDIVISIONPRo'ECTSIIOd2YBSPOf* "119WIJgh!ingL4d4nla,Ihiddocumei L4d&ndbxnWDP. ENDUMN02141- 11 dnc CLARIFICATIONS / CORRECTIONS : The following portions of the Contract Documents are modified as shown below : A . To clarify statements shown in Addendum No . 1 , the last day that you may submit questions or comments (and have them answered) is Friday, January 14 , 2011 . B . Questions received and responses as follows : QUESTION NO. 1s Addenda No . 1 , page 6 of 7, Item 3 states the monitoring system and the remote lighting control system have been eliminated and are not part of this project. With that in mind , how is the owner planning on turning the lighting on and off? Please provide specifics? ANSWER, Each ball field ( l and 2 ) will have a manual switch provided and should be in a secure enclosure. These switches should be shown on the design to be provided by the Contractor . QUESTCON NO. 2 : During the pre-bid meeting, it was stated by Mr. Kafer that lighting fixtures with .integral ballast would be accepted . With that in mind please advise whether or not it would be permissible to have the individual fusing for the fixtures at the top of the pole in the ballast compartment or do they need to be placed in a separate compartment lower on the light pole where they may be accessed utilizing a step ladder? ANSWER : Designing the fusing for fixtures at the top of the pole in ballast compartment is not considered to be easy access , and would not be allowed . A secure, separate compartment on the light pole or within the light pole is acceptable . Ea;:,y access to this compartment is required, either by utilizing a step ladder or ability to access without using a step ladder. Page 2 of 4 I}I hlb& if"PrAtI ENGINRFsRING DIPISlOAFpROJF_CTSt IU2 YR40"V 1 149e CtgM/ngl.4dndmik'd dwwnwnrsiAddenAwnt4l3ldElVbUAt ArO 3 I_ll_ ]l. dnr. CLARIFICATIONS / CORRECTIONS : The following portions of the Contract Documents are modified as shown below : A . To clarify statements shown in Addendum No . 1 , the last day that you may submit questions or comments (and have them answered) is Friday, January 14 , 2011 . B . Questions received and responses as follows : QUESTION NO. 1s Addenda No . 1 , page 6 of 7, Item 3 states the monitoring system and the remote lighting control system have been eliminated and are not part of this project. With that in mind , how is the owner planning on turning the lighting on and off? Please provide specifics? ANSWER, Each ball field ( l and 2 ) will have a manual switch provided and should be in a secure enclosure. These switches should be shown on the design to be provided by the Contractor . QUESTCON NO. 2 : During the pre-bid meeting, it was stated by Mr. Kafer that lighting fixtures with .integral ballast would be accepted . With that in mind please advise whether or not it would be permissible to have the individual fusing for the fixtures at the top of the pole in the ballast compartment or do they need to be placed in a separate compartment lower on the light pole where they may be accessed utilizing a step ladder? ANSWER : Designing the fusing for fixtures at the top of the pole in ballast compartment is not considered to be easy access , and would not be allowed . A secure, separate compartment on the light pole or within the light pole is acceptable . Ea;:,y access to this compartment is required, either by utilizing a step ladder or ability to access without using a step ladder. Page 2 of 4 I}I hlb& if"PrAtI ENGINRFsRING DIPISlOAFpROJF_CTSt IU2 YR40"V 1 149e CtgM/ngl.4dndmik'd dwwnwnrsiAddenAwnt4l3ldElVbUAt ArO 3 I_ll_ ]l. dnr. QUESTION NO. 3 : I am getting conflicting reports from the fighting manufacturers that the light level table shown under Item 1. .2A indicated on page 2 of 7 specifically "Maximum to Minimum Uniformity Ratio ' do not meet minor league standards , I have been informed that the infield should be 1 . 2 : 1 . 0 not 1 . 3 : 1 . 0 and the outfield should be 2 . 0 : 1 . 0 not 2 , 4 : 1 . 0 . ANSWER.: The "Maximum. to Minimum Uniformity Ratio' has been changed to 1 . 2 : 1 . 0 on the infield and 2 . 0 : 1 . 0 in the outfield . (Attached is revised Sheet 38 of the Contract Documents Technical Specifications . ) Attachment : .Revised Sheet 38 — Technical Specifications .Page 3 of 4 R-I Pnhile WorlaI ENGINEMING DI USIQN PRQJRC?'SI1042 VJ? Spor& Vi1loge lJghBwgL4"*wl bid Axx»tenial4ddenrhionL41:?DEND17N NQ 2 1-11- 11. doe QUESTION NO. 3 : I am getting conflicting reports from the fighting manufacturers that the light level table shown under Item 1. .2A indicated on page 2 of 7 specifically "Maximum to Minimum Uniformity Ratio ' do not meet minor league standards , I have been informed that the infield should be 1 . 2 : 1 . 0 not 1 . 3 : 1 . 0 and the outfield should be 2 . 0 : 1 . 0 not 2 , 4 : 1 . 0 . ANSWER.: The "Maximum. to Minimum Uniformity Ratio' has been changed to 1 . 2 : 1 . 0 on the infield and 2 . 0 : 1 . 0 in the outfield . (Attached is revised Sheet 38 of the Contract Documents Technical Specifications . ) Attachment : .Revised Sheet 38 — Technical Specifications .Page 3 of 4 R-I Pnhile WorlaI ENGINEMING DI USIQN PRQJRC?'SI1042 VJ? Spor& Vi1loge lJghBwgL4"*wl bid Axx»tenial4ddenrhionL41:?DEND17N NQ 2 1-11- 11. doe VERO BEACH SPORTS VILLAGE; SPORTS LIGHTING SYSTEMS BID NO : 2011025 PROJECT NO : 1042 ADDENDUM NO . 2 * * * * * * * * * * * * * This Addendum MAST be returned with your Bid * * * *Ze s' r o ADDENDUM NO. 2 is submitted by =� ' stopper ;�.- ferry"�. ounty ji;ngineer and Jerry Davis, Purchasing Manager Company Name _ Electrical Contracting Service , Inc . Name : Chuck Floyd Titte: V . President ('Type / Printed) Authorized Signature : Date : Jan . 1 1 r 2011 Telephone : 305 - 556 - 0041 rax : 305 - 820 - 0553 Page d of 4 r,bi iblteff'`nrRSIF.NGINEERINGDlt7SlDNPROJEL7MM42VBSTpO sviflog LighNnglAdmimlhtddnxrnrenniAddrndunes�ADDFNDUMND2 141- 11.doc VERO BEACH SPORTS VILLAGE; SPORTS LIGHTING SYSTEMS BID NO : 2011025 PROJECT NO : 1042 ADDENDUM NO . 2 * * * * * * * * * * * * * This Addendum MAST be returned with your Bid * * * *Ze s' r o ADDENDUM NO. 2 is submitted by =� ' stopper ;�.- ferry"�. ounty ji;ngineer and Jerry Davis, Purchasing Manager Company Name _ Electrical Contracting Service , Inc . Name : Chuck Floyd Titte: V . President ('Type / Printed) Authorized Signature : Date : Jan . 1 1 r 2011 Telephone : 305 - 556 - 0041 rax : 305 - 820 - 0553 Page d of 4 r,bi iblteff'`nrRSIF.NGINEERINGDlt7SlDNPROJEL7MM42VBSTpO sviflog LighNnglAdmimlhtddnxrnrenniAddrndunes�ADDFNDUMND2 141- 11.doc Area of Ug TtrtpqrTTI� V' 1ygPointsc ^ ^,.,,, Light 1=evq.S "Pooing Ratio Baseball-Fiek[#1- N Wd 1 GO featGandles 9 2a 30' x2r), Baseball �ie1'+=ate '�.f aid 4404eetsand4es a rt 9 26Baspball Field" #1 � eld -78 feetsandles 2-.440 -. 0 .288aaebawFiew #2 , (Duffield 70-#eetsandle1; 244. 0 4TU 1 Lumen As -powe 1pplied to the Ont light system4nust-�� err4n above and varifyiAg the m- 0-kFfGFrAanse of the system fGF 'hP dl-' Fa- fig- A ef -the useful life of the 3 . PT �M of five (6) pr�pieGt r ferenees within the state of ReAda thai have been-GGmpleted-wfthirt A - �a{p6 approved , • A. Performance Requirements: Playing surfaces shall be fit to an average maintained °light level and uniformity as specified Inthe chart below. Light levels shall be maintained for 25 years, Lighting calculations shall be developed and Held measurements taken on the grid spacing with the minimum number of grid points specif•Ied below. Average Maximum to Area of Lighting Maintained Light Minimum Grid Grid Levels Uniformity Ratfo Points Spacing Baseball Field #1 Infield 100 footcandles 44344- 1 .2:1.0 25 30' x30 ' Baseball Field #2 Infleld 100 footcandles 13:4 0- 4. 2:1,0 25 30' x30' Baseball Field #1 70 footcandles ,2.44. 2.0:1 .0 O 128 30' x30' utfield Baseball Field #2 Oudlefd 70 footcandles 2.f;*s0 2. 0:1.0 133 30 ' x30' I. Independent Test Report: Manufacturers bidding any form of light system must provide an Independent test report certifying the system meets the lumen requirements above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 2. Project References: Manufacturers bidding any form of light system must provide a minimum of five (5) project references within the state of Florida that have been completed within the last two (2) calendar years, Manufacturer will include project name, project city, contact name, and contact phone number for each reference. Fublic Works\ENGINEERING DIVISION PROJECT%1042 VB Sports village Lighting\Admim\bid documents\Addcndums\ADLiENDUMNO. 28 :\P TECH SPECS 1 - 11 -1 l .doe Area of Ug TtrtpqrTTI� V' 1ygPointsc ^ ^,.,,, Light 1=evq.S "Pooing Ratio Baseball-Fiek[#1- N Wd 1 GO featGandles 9 2a 30' x2r), Baseball �ie1'+=ate '�.f aid 4404eetsand4es a rt 9 26Baspball Field" #1 � eld -78 feetsandles 2-.440 -. 0 .288aaebawFiew #2 , (Duffield 70-#eetsandle1; 244. 0 4TU 1 Lumen As -powe 1pplied to the Ont light system4nust-�� err4n above and varifyiAg the m- 0-kFfGFrAanse of the system fGF 'hP dl-' Fa- fig- A ef -the useful life of the 3 . PT �M of five (6) pr�pieGt r ferenees within the state of ReAda thai have been-GGmpleted-wfthirt A - �a{p6 approved , • A. Performance Requirements: Playing surfaces shall be fit to an average maintained °light level and uniformity as specified Inthe chart below. Light levels shall be maintained for 25 years, Lighting calculations shall be developed and Held measurements taken on the grid spacing with the minimum number of grid points specif•Ied below. Average Maximum to Area of Lighting Maintained Light Minimum Grid Grid Levels Uniformity Ratfo Points Spacing Baseball Field #1 Infield 100 footcandles 44344- 1 .2:1.0 25 30' x30 ' Baseball Field #2 Infleld 100 footcandles 13:4 0- 4. 2:1,0 25 30' x30' Baseball Field #1 70 footcandles ,2.44. 2.0:1 .0 O 128 30' x30' utfield Baseball Field #2 Oudlefd 70 footcandles 2.f;*s0 2. 0:1.0 133 30 ' x30' I. Independent Test Report: Manufacturers bidding any form of light system must provide an Independent test report certifying the system meets the lumen requirements above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 2. Project References: Manufacturers bidding any form of light system must provide a minimum of five (5) project references within the state of Florida that have been completed within the last two (2) calendar years, Manufacturer will include project name, project city, contact name, and contact phone number for each reference. Fublic Works\ENGINEERING DIVISION PROJECT%1042 VB Sports village Lighting\Admim\bid documents\Addcndums\ADLiENDUMNO. 28 :\P TECH SPECS 1 - 11 -1 l .doe Indian River County � Purchasing Division 1800 27 Street Vero Beach , FL 3296 Phone (772) 226- 1416 Fax (772) 770-5140 ADDENDUMN . 3 co0 Fy 1 � � T` , January 17, 2011. PROJECT NAME , VERO BEACH SPORTS VILLAGE SPORTS L:IGH.'T' G SYSTEMS BID) NO . 2011025 PROJECT No. 1042 Bid Opening Hate : The Bid Opening date is FRIDAY , JANTARY 21 , 2011 AT 26* 00 POMO 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 BiddingRequirements 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 ZIAh 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 deeamed advisable by OWNER or ENGINEER. PLEASE NOTE THAT ANY FURTHER QUESTIONS. RECEIVED PRIOR TO ]T1HE . DATE OF OPENING BIDS WILL NOT BE ANSWERED . Page I of 8 viNbldc ivorksll3N(- /NiF. Rh1'GD[ VLrrONPROJFrT.Sillld2VHXpanrVNlageLigtrNnglAdmimlblddricnmenkrf,4ddetrdumNlAD1:)ENDUAfArO3 ltl-iy- lLdoc Indian River County � Purchasing Division 1800 27 Street Vero Beach , FL 3296 Phone (772) 226- 1416 Fax (772) 770-5140 ADDENDUMN . 3 co0 Fy 1 � � T` , January 17, 2011. PROJECT NAME , VERO BEACH SPORTS VILLAGE SPORTS L:IGH.'T' G SYSTEMS BID) NO . 2011025 PROJECT No. 1042 Bid Opening Hate : The Bid Opening date is FRIDAY , JANTARY 21 , 2011 AT 26* 00 POMO 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 BiddingRequirements 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 ZIAh 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 deeamed advisable by OWNER or ENGINEER. PLEASE NOTE THAT ANY FURTHER QUESTIONS. RECEIVED PRIOR TO ]T1HE . DATE OF OPENING BIDS WILL NOT BE ANSWERED . Page I of 8 viNbldc ivorksll3N(- /NiF. Rh1'GD[ VLrrONPROJFrT.Sillld2VHXpanrVNlageLigtrNnglAdmimlblddricnmenkrf,4ddetrdumNlAD1:)ENDUAfArO3 ltl-iy- lLdoc CLARIFICATIONS / CORRECd'IC,NSe The following portions of the Contract: Documents are modified. as shown brylow: A . Questions received and .responses as follows : QUESTION NO, Im The specifications call for a light loss factor of .95 . Does this meet rn ' :nor league standards? ANSWER: The Tight loss :tactor has been changed to . 70 . See attached . revised Sht.et 39 (Technical Specifications) . QUESTION NO , 20 Since the specifications regardingl_igft levels and uniformities do not meet minor league baseball standards who would, be liable if aninjury occurs? ANSWER , ER , No response QUT-,STION O. 3 What method. will be used to perforin the annual audits? Who will perform the audits ? ANSWER , The illumination measurements to be conducted annually shall be peria>rmed in accordance with. iESNA RP -6- 01 , Appendix B . Change Technical �SI)ecif cations , Sheet 42 , adding the following sentence to 1 . 8 — B : Illumination measurements shall be conducted: in accordance with. IES -NA RP- 6 -01 Appendix & See attached revised Sheet 42 ( technical Specifications)... Page 2of8 F;1 Public fVt)rksl FNGINF.F,R7NG Dll✓lSIOAr PROJ CTS11042 f✓B .sports tillage l ig&NnR49dminitbid doctrmeritslAndenditmslA raDFNDUM NU 3 /11� I7- 11, do CLARIFICATIONS / CORRECd'IC,NSe The following portions of the Contract: Documents are modified. as shown brylow: A . Questions received and .responses as follows : QUESTION NO, Im The specifications call for a light loss factor of .95 . Does this meet rn ' :nor league standards? ANSWER: The Tight loss :tactor has been changed to . 70 . See attached . revised Sht.et 39 (Technical Specifications) . QUESTION NO , 20 Since the specifications regardingl_igft levels and uniformities do not meet minor league baseball standards who would, be liable if aninjury occurs? ANSWER , ER , No response QUT-,STION O. 3 What method. will be used to perforin the annual audits? Who will perform the audits ? ANSWER , The illumination measurements to be conducted annually shall be peria>rmed in accordance with. iESNA RP -6- 01 , Appendix B . Change Technical �SI)ecif cations , Sheet 42 , adding the following sentence to 1 . 8 — B : Illumination measurements shall be conducted: in accordance with. IES -NA RP- 6 -01 Appendix & See attached revised Sheet 42 ( technical Specifications)... Page 2of8 F;1 Public fVt)rksl FNGINF.F,R7NG Dll✓lSIOAr PROJ CTS11042 f✓B .sports tillage l ig&NnR49dminitbid doctrmeritslAndenditmslA raDFNDUM NU 3 /11� I7- 11, do QUESTION NO . 40 Are there any xequiremcrrts for fencing and or landscaping around th ;° new transformer location? ANSWER : 'there are no requirements for fencing and or landscaping around the new transformer location. QUESTION 110. 5 ; Are there any clearance requirements of the .high voltage transmission line located behind the outfield of Field No . I ? .ANSWER , .rhe clearance requirement for the high. voltage transmission lines lnust be coordinated with the City of Vero Beach Electric Utilities . Please contact Chris Blahnik { 772 - 978 - 5467} for coordination on power line clearance . Pl. r;< see attached revised Special :Purpose Survey for Vero Beach Sports Village (4 Sheets), showing the location of the transmission lines and canal top of bank . QUESTION 110. 6 Being that any fighting system will have to instal) poles on the edge o I ' the existing canals , are there going to be any SPA permits required, and if so, will the city be taking care of any such requirements ? ANSWER , Obtaining all required permits and associated fees are th`e responsibilitty of the contractor . EPA permit .is not anticipated, however, it is the contractor ' s responsibility to verify if permit is required. Page .3 of 8 t•; IA011eil'orhslENGINF. F.RINGnIJISION. PROJECTS11042I"$ SPOVIS illn�ellghlingUtdmfmlbidd¢eumFnxclAddendumPlr9iaDE1Vb/IA4NO3 01-17- 11, doe QUESTION NO . 40 Are there any xequiremcrrts for fencing and or landscaping around th ;° new transformer location? ANSWER : 'there are no requirements for fencing and or landscaping around the new transformer location. QUESTION 110. 5 ; Are there any clearance requirements of the .high voltage transmission line located behind the outfield of Field No . I ? .ANSWER , .rhe clearance requirement for the high. voltage transmission lines lnust be coordinated with the City of Vero Beach Electric Utilities . Please contact Chris Blahnik { 772 - 978 - 5467} for coordination on power line clearance . Pl. r;< see attached revised Special :Purpose Survey for Vero Beach Sports Village (4 Sheets), showing the location of the transmission lines and canal top of bank . QUESTION 110. 6 Being that any fighting system will have to instal) poles on the edge o I ' the existing canals , are there going to be any SPA permits required, and if so, will the city be taking care of any such requirements ? ANSWER , Obtaining all required permits and associated fees are th`e responsibilitty of the contractor . EPA permit .is not anticipated, however, it is the contractor ' s responsibility to verify if permit is required. Page .3 of 8 t•; IA011eil'orhslENGINF. F.RINGnIJISION. PROJECTS11042I"$ SPOVIS illn�ellghlingUtdmfmlbidd¢eumFnxclAddendumPlr9iaDE1Vb/IA4NO3 01-17- 11, doe QUESTION NOe f Being that any lighting system will have to instill poles: on the edge o1 ' existing Canals , are there goimg to be any requirements fob' erosion control plans? The poles will not be in canalright-ofway, thus should have ample dFstance from proposed poles to top of bank. of canal . Erosion control plans are not required, however, if the contractor ' s construction operation ;requires dewatering; plans , then appropriate permitting may be required , ls 'the contract going to he responsible for the removal and reinstallation of fencing . 1br installation of poles? ANSWER , The contractor will be . res onsible for removal and reinstallation o fencing p n f for installation of the poles . The cost of this is to be included in the cost ofthe project. Also, the cost of all work necessary to satisfactorily complete the requirements of this protect shall be included in the hid price for the project. l I QUESTION NO. 9 Will there be a period of time allowed for the procurement of material land review of designs and submittals prior to notice to proceed? ANSWER. Alter approval of construction plans and all permits obtained, a 30 calendar day procurement time for acquisition ofmaterials will. be provided . (The contract time will be suspended dining the 30 day procurement time . See attached Street 1 .1 and. Sheet 21 . Page 4 of 8 F: IPerblirWorWF,MCUN1sERINGDIVISION PROJECTS1.1042MR .S�nrlsVillageIigbtinglAa)41htlhidd"ri teNklt4d4endtimslATlF)ENn(Ipf ,IV030I-17- I Lder QUESTION NOe f Being that any lighting system will have to instill poles: on the edge o1 ' existing Canals , are there goimg to be any requirements fob' erosion control plans? The poles will not be in canalright-ofway, thus should have ample dFstance from proposed poles to top of bank. of canal . Erosion control plans are not required, however, if the contractor ' s construction operation ;requires dewatering; plans , then appropriate permitting may be required , ls 'the contract going to he responsible for the removal and reinstallation of fencing . 1br installation of poles? ANSWER , The contractor will be . res onsible for removal and reinstallation o fencing p n f for installation of the poles . The cost of this is to be included in the cost ofthe project. Also, the cost of all work necessary to satisfactorily complete the requirements of this protect shall be included in the hid price for the project. l I QUESTION NO. 9 Will there be a period of time allowed for the procurement of material land review of designs and submittals prior to notice to proceed? ANSWER. Alter approval of construction plans and all permits obtained, a 30 calendar day procurement time for acquisition ofmaterials will. be provided . (The contract time will be suspended dining the 30 day procurement time . See attached Street 1 .1 and. Sheet 21 . Page 4 of 8 F: IPerblirWorWF,MCUN1sERINGDIVISION PROJECTS1.1042MR .S�nrlsVillageIigbtinglAa)41htlhidd"ri teNklt4d4endtimslATlF)ENn(Ipf ,IV030I-17- I Lder QUESTION N®a 0 W1 11 there be a building permit requi red as well as an electrical pear it? ANSWER. A building permit for the pole design, electrical facilities, wind load c:.alculatioaxs , etc . , along with an electrical permit are required. Cost of these permits will be the responsibility of the contractor. Contact IRC. Building Division for further information at (772) 2.26- 1. 260 . QUESTION NO . 11 Can there be an allowance set within the bid for all bidders that will f ind. 'the impact fees for the transfortner? ANSWER : Impact fees for the new -transformer will be paid separately by Indian River County . QUESTION II. ION 0a 12 Considering the first light test; please clarify if initial :light levels are required by the manufacturer in the submittals`.' I:t is ;any understanding that :Minor League Baseball requires a . 7 Light. Loss Factor. Please confirm? ANSWER , Initial light levels are required by the manufacturer in the submittals , Il, ight Loss Factor has been changed to . 7 as shown in response to Question No . 1 . Page 5 (?f 8 F: 17'ah/ic ifznrlrcl E,NG7NEERING DI FIVION PROJECTS11Q42 tB Sports 6911nge LightingL4dmimthid dgcummOiAddtpda6ni,g1117)FND7JRf NO 3 0747- 111 doe QUESTION N®a 0 W1 11 there be a building permit requi red as well as an electrical pear it? ANSWER. A building permit for the pole design, electrical facilities, wind load c:.alculatioaxs , etc . , along with an electrical permit are required. Cost of these permits will be the responsibility of the contractor. Contact IRC. Building Division for further information at (772) 2.26- 1. 260 . QUESTION NO . 11 Can there be an allowance set within the bid for all bidders that will f ind. 'the impact fees for the transfortner? ANSWER : Impact fees for the new -transformer will be paid separately by Indian River County . QUESTION II. ION 0a 12 Considering the first light test; please clarify if initial :light levels are required by the manufacturer in the submittals`.' I:t is ;any understanding that :Minor League Baseball requires a . 7 Light. Loss Factor. Please confirm? ANSWER , Initial light levels are required by the manufacturer in the submittals , Il, ight Loss Factor has been changed to . 7 as shown in response to Question No . 1 . Page 5 (?f 8 F: 17'ah/ic ifznrlrcl E,NG7NEERING DI FIVION PROJECTS11Q42 tB Sports 6911nge LightingL4dmimthid dgcummOiAddtpda6ni,g1117)FND7JRf NO 3 0747- 111 doe QUESTION NO . 13 Die to the yearly audits , please quantify if Minor League Baseball and Indian River C"owity will. accept + or — Mon on the average initial or maintained light levels? Maintained light levels must meet the specified Average Maintained Eight Levels as shown on Sheet 19 , 1 w2 , A, (I I 100 footcandles infield and 70 footcattdtes outfield) , Also , Initial Light Levels trust meet Average .Maintained Light Level;; divided by . 70 (i . e . 142 :9 footcandles infield and 1.00 . 0 footcandles outfield) . QUESTION NO. 1. 4 Per Addendum No . 2 , Question No . 2, fusing at the top of the pole is not acceptable . Please dictate if the ballasts, disconnects , and compactors need to be located in a similar assessable location ? ANSWER Fuses, ballasts, disconnects, connectors, etc . must be in secure, easy access, waterprool� enclosures . These and other critical items proposed at the top of the light poles will not be allowed . QUESTION NO* AS [-low will Indian River County measure the amount of glare produced on theprqjert considering proximity to the airport and the FAA requirements? Does Indian _Rives County intend to accept a horizontal arc tube fixture? ANSWER Contractor m.ctst receive " Determination of No Hazard" from. Federal .6viation Administration prior to County approval of design . Additionally, it is being required that Contractor provide a report from anIndependent Testing Laboratory that quantifies the glare produced and the candela readings above zero . It is recommended, but not required, that the horizontal arc tube fixture be provided . Page h (?f 8 r. mum, iNorksl ENf fNf�FWXC D1fOSIONPROJiFCTSl1042 VB Sports Vlf/nge MghtingW dmimlWd docuwenf t4d&iF&tmx ,4D0END(JM NO 3 0147 1f. doc QUESTION NO . 13 Die to the yearly audits , please quantify if Minor League Baseball and Indian River C"owity will. accept + or — Mon on the average initial or maintained light levels? Maintained light levels must meet the specified Average Maintained Eight Levels as shown on Sheet 19 , 1 w2 , A, (I I 100 footcandles infield and 70 footcattdtes outfield) , Also , Initial Light Levels trust meet Average .Maintained Light Level;; divided by . 70 (i . e . 142 :9 footcandles infield and 1.00 . 0 footcandles outfield) . QUESTION NO. 1. 4 Per Addendum No . 2 , Question No . 2, fusing at the top of the pole is not acceptable . Please dictate if the ballasts, disconnects , and compactors need to be located in a similar assessable location ? ANSWER Fuses, ballasts, disconnects, connectors, etc . must be in secure, easy access, waterprool� enclosures . These and other critical items proposed at the top of the light poles will not be allowed . QUESTION NO* AS [-low will Indian River County measure the amount of glare produced on theprqjert considering proximity to the airport and the FAA requirements? Does Indian _Rives County intend to accept a horizontal arc tube fixture? ANSWER Contractor m.ctst receive " Determination of No Hazard" from. Federal .6viation Administration prior to County approval of design . Additionally, it is being required that Contractor provide a report from anIndependent Testing Laboratory that quantifies the glare produced and the candela readings above zero . It is recommended, but not required, that the horizontal arc tube fixture be provided . Page h (?f 8 r. mum, iNorksl ENf fNf�FWXC D1fOSIONPROJiFCTSl1042 VB Sports Vlf/nge MghtingW dmimlWd docuwenf t4d&iF&tmx ,4D0END(JM NO 3 0147 1f. doc QUESTION NOe 1. 6 The original. specifications under 1 . 2 ( 1 ), Page 38 document 'Lumen. maintenance control strategy: A constant light system shall use automatic power adjustments to achieve a. lumen maintenatice control strategy as described in the I.ESINTA Lighting 1-landbook 9 " Edition Light Controls Section, Pages ? 7 -2 and 27.31 "( .lumen maintenance control strategy calls for reducing the initial illuminati0► oEanew system to the designed minimum level . As lumen depreciation occursi , more power is applied for the lamps in order to maintain constant output." Please confirm this technology will beallowed to be bid ? ANSWER The automatic power adjustments to achieve a lumen maintenance control strategy are acceptable and will be allowed for i:his project. ATTACHMENTS : Devised Sheet 11 , 21 , 39avid 42 Revised Special Purpose Survey for Vero Beaeh Sports Village (4 Sheet(j) Page 7 of 8 F.. 1Psblic R'orksl ENGINF.F.RING .n/VISION PROJLG7S1]042 VR Spans FriIlage LeghfinkiAdmimibid documembliidderirlrrra lAODPNDIIM IVCD 3 W47- ll. doe QUESTION NOe 1. 6 The original. specifications under 1 . 2 ( 1 ), Page 38 document 'Lumen. maintenance control strategy: A constant light system shall use automatic power adjustments to achieve a. lumen maintenatice control strategy as described in the I.ESINTA Lighting 1-landbook 9 " Edition Light Controls Section, Pages ? 7 -2 and 27.31 "( .lumen maintenance control strategy calls for reducing the initial illuminati0► oEanew system to the designed minimum level . As lumen depreciation occursi , more power is applied for the lamps in order to maintain constant output." Please confirm this technology will beallowed to be bid ? ANSWER The automatic power adjustments to achieve a lumen maintenance control strategy are acceptable and will be allowed for i:his project. ATTACHMENTS : Devised Sheet 11 , 21 , 39avid 42 Revised Special Purpose Survey for Vero Beaeh Sports Village (4 Sheet(j) Page 7 of 8 F.. 1Psblic R'orksl ENGINF.F.RING .n/VISION PROJLG7S1]042 VR Spans FriIlage LeghfinkiAdmimibid documembliidderirlrrra lAODPNDIIM IVCD 3 W47- ll. doe I l YL R SII '�' LLA1 SPORTS LIGH TIN SYSTE S IIS O : 201. 02 PROJECT INTO 1. 042 i ADDENDUM A' his ddnda�"m 5 be 9-ede>tr e+d ith your B.id * * * * * * * * �* * * * * * ADDENDUM NO. I is submitted b � Cloristolp i , . to . /: , Cnunty Engineer andf r -4 _ ' Joseph A , Baird, CauntyAdministrats, r CompanyName Electrical Contracting Service , Inc . — Name; Chuck Floyd Title : VP ( Type l Printed) Authorized Signattire : 1 �L� _ Date : 1 / 20 / 2011 Telephone : 305 _ 556 - 0041 Cax ; . 305 - 8200- 0553 ` T Page 8 of 8 .F.•I Nhlic WerksiENGINEERING Dfl/14,SION PRn.JEC'M 1642 GR .Cpnrts 1lt11aAe Lighriog$Allntiml bid docitmenisL4 ddendurnvI ADDEND/I,M N(13 0147w II.doc I l YL R SII '�' LLA1 SPORTS LIGH TIN SYSTE S IIS O : 201. 02 PROJECT INTO 1. 042 i ADDENDUM A' his ddnda�"m 5 be 9-ede>tr e+d ith your B.id * * * * * * * * �* * * * * * ADDENDUM NO. I is submitted b � Cloristolp i , . to . /: , Cnunty Engineer andf r -4 _ ' Joseph A , Baird, CauntyAdministrats, r CompanyName Electrical Contracting Service , Inc . — Name; Chuck Floyd Title : VP ( Type l Printed) Authorized Signattire : 1 �L� _ Date : 1 / 20 / 2011 Telephone : 305 _ 556 - 0041 Cax ; . 305 - 8200- 0553 ` T Page 8 of 8 .F.•I Nhlic WerksiENGINEERING Dfl/14,SION PRn.JEC'M 1642 GR .Cpnrts 1lt11aAe Lighriog$Allntiml bid docitmenisL4 ddendurnvI ADDEND/I,M N(13 0147w II.doc I The bidder agrees, If it is ativarded the Contract, to commence Work under the Contract upon receipt of the Notice To Proceed from the Owner. Bidder further agrees to spay to Indian River County the amount of Five Hundred . Dollars ($500.00) per calendar day , not as a penalty but as liquidated damages; as set forth in the Contract Documents for each consecutive calendar -day after the date of substantial completion that the Work. is not corripleted as provided in the Contract Documents . ➢'ince of Completion * The Work shall commence -immediately upon receipt of the Notice To Proceed froYn the Owner and shall be substantially complete on or before 1 consecutive calendar days thereafter. Final completion shall be 30 calendar days thereafter. Therewill be a 30 ealendrtr datj 1 procurement ;period which will Hegira after construction plans have been approved and all required permits have been obtained. The contract` ticne swilll be suvended during the 30 day � procurement period. Acceptance of Bid : The CONTRACTOR understands . and agrees that the Owner reserves the right:to accept or reject any or all Bids submitted within GQ calendar days from the date of the laid opening. CONTRACTOR acknowledges that it shall be bound by the terms of this Bid and agrees that it will. not withdraw its "Bid for said period of time . Owner anticipates award of Fid within 60 calendar days from bid opening . 'rime : :finie is of the essence. The undersigned bidder agrees, that if awarded a contract, 10 execute an agreement within 15 days after notification of:' award ; to furnish the Public Construction Bond (if applicable) ; and provide all required insurance certificates in tlae same time frame . Respectfully Submitted, Naive of liirm Address Authorized Signature �--- -- — City, State, Zip Code _ _. . Title Phone Date Signecl_-__._�.. ..___ _....._ -_ ._.__.____ (Corporate Seal ) Business Receipt Number: – — l" E41N Number : .---- - - - -- - -- .. -- . - -- F :\Public Works\FiNCFIN$LRIN(i DIVISION PRC?.IEC:TS\ IQ42 VF3 Sports Vill�tee1Jgh ing\Admim\laid . dncuments\Addenlums\AdtletdultNo. 3 1 - 17- 11 Sheet I Ldoe 11 I The bidder agrees, If it is ativarded the Contract, to commence Work under the Contract upon receipt of the Notice To Proceed from the Owner. Bidder further agrees to spay to Indian River County the amount of Five Hundred . Dollars ($500.00) per calendar day , not as a penalty but as liquidated damages; as set forth in the Contract Documents for each consecutive calendar -day after the date of substantial completion that the Work. is not corripleted as provided in the Contract Documents . ➢'ince of Completion * The Work shall commence -immediately upon receipt of the Notice To Proceed froYn the Owner and shall be substantially complete on or before 1 consecutive calendar days thereafter. Final completion shall be 30 calendar days thereafter. Therewill be a 30 ealendrtr datj 1 procurement ;period which will Hegira after construction plans have been approved and all required permits have been obtained. The contract` ticne swilll be suvended during the 30 day � procurement period. Acceptance of Bid : The CONTRACTOR understands . and agrees that the Owner reserves the right:to accept or reject any or all Bids submitted within GQ calendar days from the date of the laid opening. CONTRACTOR acknowledges that it shall be bound by the terms of this Bid and agrees that it will. not withdraw its "Bid for said period of time . Owner anticipates award of Fid within 60 calendar days from bid opening . 'rime : :finie is of the essence. The undersigned bidder agrees, that if awarded a contract, 10 execute an agreement within 15 days after notification of:' award ; to furnish the Public Construction Bond (if applicable) ; and provide all required insurance certificates in tlae same time frame . Respectfully Submitted, Naive of liirm Address Authorized Signature �--- -- — City, State, Zip Code _ _. . Title Phone Date Signecl_-__._�.. ..___ _....._ -_ ._.__.____ (Corporate Seal ) Business Receipt Number: – — l" E41N Number : .---- - - - -- - -- .. -- . - -- F :\Public Works\FiNCFIN$LRIN(i DIVISION PRC?.IEC:TS\ IQ42 VF3 Sports Vill�tee1Jgh ing\Admim\laid . dncuments\Addenlums\AdtletdultNo. 3 1 - 17- 11 Sheet I Ldoe 11 AGREEMENT THIS AGREEMENT made and entered into this _ _._. ...., .._ day of _ 20 by and between hereinafter called the CONTRACTOR and Indian River COUNTY herein called the OWNER, W1TNESSED : That whereas; the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as setforth below : Article i . provide complete sports lighting systems to baseball fields. l and 2 at- Vero Beach Sports Village. As per specifications of advertised and sealed bid in Indian River : County aunty Rid # 24l 1025 ; CONTRACTOR; as an independent CONTRACTOR and riot as an employee, shall furnish , for the sum of all of the necessary labor, niateria:l ; and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION I S0 Calendar llays from date ofthe Notice to Proceed to SuhstantialCompletion . final Completion shall be 30 days thereafter. There will be a 30 calendar day procurement period Witch will begin after construction plans have been approved: and all required permits have been obtained. The. contract time .shall be suspended during the 30 dgj1 prvcuref :rent periad. . Article 3 : GENERAL The CONTRACTOR hereby certifies that he. has read every clause of the Contract Documents and that he has made such examina.t:ion Of the location oi'' the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the ,ame the time limit specified herein in accordance with the plans and specifications: `l'he OWNER and CONTRACTOR agree to maintain records , invoices, and payments for the work. The CC);MIRACTOR shall provide a Public Construction Bond for all work in this Agreement . All work Linder this Contract shall be done to the satisfaction of the OWNER; w�lto shall in all cages determine the amount, quality, fitness , and acceptability of the several kinds of work wid materials which are to be paid for hereunder, and shall decide all questions which fymy arise as to fulfillment of the Contract on the part bf the CONTRACTOR, and his decision thereon shall be Final and conclusive; and such determination and. decision; in case any question shall arise; shall be a condition precedent to the right oi' the Cn1VIRAC TOR to receive any money Iiereunder. Any clause or section of :this contract or specification. which may for any reason be declared invalid by a court of competent jurisdiction , including, appeal, if any , may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will -remaiin in full force and effect as tbough such invalid cla1.1se or section has not been incorporated therein. F :\Public WorWE;NGINCERiNG DIVisloN PROJFCTSA042 VR SpMq Vitlege 1, ghfing\Adneim\bit 21 documents\Adden(iums\AI) 13ENDUNINO . 3 1 - 17-11 Sheet21 . doc AGREEMENT THIS AGREEMENT made and entered into this _ _._. ...., .._ day of _ 20 by and between hereinafter called the CONTRACTOR and Indian River COUNTY herein called the OWNER, W1TNESSED : That whereas; the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as setforth below : Article i . provide complete sports lighting systems to baseball fields. l and 2 at- Vero Beach Sports Village. As per specifications of advertised and sealed bid in Indian River : County aunty Rid # 24l 1025 ; CONTRACTOR; as an independent CONTRACTOR and riot as an employee, shall furnish , for the sum of all of the necessary labor, niateria:l ; and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION I S0 Calendar llays from date ofthe Notice to Proceed to SuhstantialCompletion . final Completion shall be 30 days thereafter. There will be a 30 calendar day procurement period Witch will begin after construction plans have been approved: and all required permits have been obtained. The. contract time .shall be suspended during the 30 dgj1 prvcuref :rent periad. . Article 3 : GENERAL The CONTRACTOR hereby certifies that he. has read every clause of the Contract Documents and that he has made such examina.t:ion Of the location oi'' the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the ,ame the time limit specified herein in accordance with the plans and specifications: `l'he OWNER and CONTRACTOR agree to maintain records , invoices, and payments for the work. The CC);MIRACTOR shall provide a Public Construction Bond for all work in this Agreement . All work Linder this Contract shall be done to the satisfaction of the OWNER; w�lto shall in all cages determine the amount, quality, fitness , and acceptability of the several kinds of work wid materials which are to be paid for hereunder, and shall decide all questions which fymy arise as to fulfillment of the Contract on the part bf the CONTRACTOR, and his decision thereon shall be Final and conclusive; and such determination and. decision; in case any question shall arise; shall be a condition precedent to the right oi' the Cn1VIRAC TOR to receive any money Iiereunder. Any clause or section of :this contract or specification. which may for any reason be declared invalid by a court of competent jurisdiction , including, appeal, if any , may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will -remaiin in full force and effect as tbough such invalid cla1.1se or section has not been incorporated therein. F :\Public WorWE;NGINCERiNG DIVisloN PROJFCTSA042 VR SpMq Vitlege 1, ghfing\Adneim\bit 21 documents\Adden(iums\AI) 13ENDUNINO . 3 1 - 17-11 Sheet21 . doc B . Lamps p All Manufacturers must provide 9500 watt metal halide lamps Lamps exceedi11 ng 180,000 Lumens will not be approved. Must provide lamp cut sheets Initial lumen output of the lamp shall be based upon "lamp manufacturers initial lumen values after 100 hours of lamp operation" per ANSI standards A- minimum light loss factor of -95 v70 must be used for initial calculations. 1 . 1 ENVIRONMENT ALI n%x HH T1. GONTRQL X Spill Light Control: Average horizontal Footcandles at a distance of 1. 50 fleet from the perimeter off the field shall not exceed . 7 Footcandles on a 30 ' by 30' grid spacing and 140 grid points. 1 .2 LiFE CYCLE COSTS A— GnPrgy->?6RFsNlx P#Gn-.The aYei;aqh--66FlSl�fR�t►GA449r-the-f1eI � &}I$t2r-611 11 hag -1-- 13asebalt-Field-#1-&-men— '"�_622 O lei �.—i�aseball €field-„'e?--����'-or less 8 ---CCsmplete-L-atnp- 4ase : -shall-insiEide-alt-grnuu-i�rrlp-f'ep4aser�ents �egaire�-#o prevade�55-yeaFs-ef-gperatlel�-based+pea-b98-�+sag�o r-year: C —preventative-and-Spot-MaiAtenanse--- ufacWFer-sholt-previ i�atenalase; ll�sll�digg-parts-a+�-iat�er-ter-�-.5 -year-s-#rets-tkte-date-e€-eq�liasiilp►�+e shali- be-mpaired-when the usage-e€any-#leld-(s-l:llatetiaity-impacted Owner--agrees-1e-ehaGk4uses4n t�-even�o#-a-1 t�ri+aaife-e�+tage: 9:—Rel'mete-AAega#oring-�steqr-�ystele-sl�sil-aa�ita�lic�#tib-pe►��r11� -t�8€i€Y�l:t��lrer-i# lndlv4�u�nnlrp nutageis-detected-se-that-appropriate-maintenaneGea, T-be-sGheduaed-T-he + ar+efastt�rer shall geti#y ##e ewraer e# e�Itages within 4 Maps er the A03d bus1nesS4W --The-e©a Uer shali-determine-sWiteM- pesitler► ( Ial OF Aut"nd ce d)- €: Re ,ote44 a-skean-a low-own sde4e-se iedUle enleff system-speFatiela year 0,a4yaPee fay er errlail a rr►+gir ► 10# eqe- ManufaGWfe>r shefl prow way-tel -s -Shall- a\ra ilable�4l�te-pre�i�le-seMe+�ili�►g-s,:+pport-aqd-assist�itFi-reper�igg�teeds' The-Owner-lay-a&Si�fl 4afl ' edblleYSs y #1 r♦6ti61q 3PI�lA IQIdSrTh1& fHr�6tieR r#k151 lie-#lel anew -ran -power si€ pr+vilege sash as f�lil aohed�lli sapaf�ilities-#8r all fields -te arrly k►avirag per�ait3siaq-te-exesate°eatty-aft”-se>rnrxlands-I��-pMerle- G rGP shall ., ,, lea;t� emoFy-less-4-A�-pewet` GQntralle�SMall-as(yept-�a sage ; g rinhave apg - eeGurred-d-urlgg-outage . a—Feursa# l�sage=Mar� fast+�rer sIt-pravisfea rx>,earrs of trasliirrg artEla! hears of etk►e field fighfing systern that is readily-sesessible-to-the-Gwllef.- "y-the-faoW ii--��rrroat-4a+Grp-tom#ray--^sMalN•be-traal�ed-sepa�ateiy-to-rift : :-laeNre- or�-tt� eeifrg used;-se relater►-Me ssMe�F�+ted ass+:�ltely F- Wnagement-T-eels=-Nlan�rfaetwer-shah-pro)* ide-a-weh-ba teid `aa+ a grad provi+9e-repar�s-k�Y'las+NfY-a+a+d-EIS£�gF6�p- G--Gemma i--inelude-sawn! ung [Gabe vle�GGPArrels-and mmitering-system-fey-a-peried r 1 2 -years 39 P :\Public WorksTNOINEPRING DIVIS10N PROJECTSMY42 V8 Snorts Village Lighting\Admim\hid documents\Addendnms\A.Ctv1;NnUM NO. 3 1 - l7- 11 Sheet ?9.doc B . Lamps p All Manufacturers must provide 9500 watt metal halide lamps Lamps exceedi11 ng 180,000 Lumens will not be approved. Must provide lamp cut sheets Initial lumen output of the lamp shall be based upon "lamp manufacturers initial lumen values after 100 hours of lamp operation" per ANSI standards A- minimum light loss factor of -95 v70 must be used for initial calculations. 1 . 1 ENVIRONMENT ALI n%x HH T1. GONTRQL X Spill Light Control: Average horizontal Footcandles at a distance of 1. 50 fleet from the perimeter off the field shall not exceed . 7 Footcandles on a 30 ' by 30' grid spacing and 140 grid points. 1 .2 LiFE CYCLE COSTS A— GnPrgy->?6RFsNlx P#Gn-.The aYei;aqh--66FlSl�fR�t►GA449r-the-f1eI � &}I$t2r-611 11 hag -1-- 13asebalt-Field-#1-&-men— '"�_622 O lei �.—i�aseball €field-„'e?--����'-or less 8 ---CCsmplete-L-atnp- 4ase : -shall-insiEide-alt-grnuu-i�rrlp-f'ep4aser�ents �egaire�-#o prevade�55-yeaFs-ef-gperatlel�-based+pea-b98-�+sag�o r-year: C —preventative-and-Spot-MaiAtenanse--- ufacWFer-sholt-previ i�atenalase; ll�sll�digg-parts-a+�-iat�er-ter-�-.5 -year-s-#rets-tkte-date-e€-eq�liasiilp►�+e shali- be-mpaired-when the usage-e€any-#leld-(s-l:llatetiaity-impacted Owner--agrees-1e-ehaGk4uses4n t�-even�o#-a-1 t�ri+aaife-e�+tage: 9:—Rel'mete-AAega#oring-�steqr-�ystele-sl�sil-aa�ita�lic�#tib-pe►��r11� -t�8€i€Y�l:t��lrer-i# lndlv4�u�nnlrp nutageis-detected-se-that-appropriate-maintenaneGea, T-be-sGheduaed-T-he + ar+efastt�rer shall geti#y ##e ewraer e# e�Itages within 4 Maps er the A03d bus1nesS4W --The-e©a Uer shali-determine-sWiteM- pesitler► ( Ial OF Aut"nd ce d)- €: Re ,ote44 a-skean-a low-own sde4e-se iedUle enleff system-speFatiela year 0,a4yaPee fay er errlail a rr►+gir ► 10# eqe- ManufaGWfe>r shefl prow way-tel -s -Shall- a\ra ilable�4l�te-pre�i�le-seMe+�ili�►g-s,:+pport-aqd-assist�itFi-reper�igg�teeds' The-Owner-lay-a&Si�fl 4afl ' edblleYSs y #1 r♦6ti61q 3PI�lA IQIdSrTh1& fHr�6tieR r#k151 lie-#lel anew -ran -power si€ pr+vilege sash as f�lil aohed�lli sapaf�ilities-#8r all fields -te arrly k►avirag per�ait3siaq-te-exesate°eatty-aft”-se>rnrxlands-I��-pMerle- G rGP shall ., ,, lea;t� emoFy-less-4-A�-pewet` GQntralle�SMall-as(yept-�a sage ; g rinhave apg - eeGurred-d-urlgg-outage . a—Feursa# l�sage=Mar� fast+�rer sIt-pravisfea rx>,earrs of trasliirrg artEla! hears of etk►e field fighfing systern that is readily-sesessible-to-the-Gwllef.- "y-the-faoW ii--��rrroat-4a+Grp-tom#ray--^sMalN•be-traal�ed-sepa�ateiy-to-rift : :-laeNre- or�-tt� eeifrg used;-se relater►-Me ssMe�F�+ted ass+:�ltely F- Wnagement-T-eels=-Nlan�rfaetwer-shah-pro)* ide-a-weh-ba teid `aa+ a grad provi+9e-repar�s-k�Y'las+NfY-a+a+d-EIS£�gF6�p- G--Gemma i--inelude-sawn! ung [Gabe vle�GGPArrels-and mmitering-system-fey-a-peried r 1 2 -years 39 P :\Public WorksTNOINEPRING DIVIS10N PROJECTSMY42 V8 Snorts Village Lighting\Admim\hid documents\Addendnms\A.Ctv1;NnUM NO. 3 1 - l7- 11 Sheet ?9.doc i . g WARRANTY AND GUARANTEE A----M Yew iarrat �askf ma+ t►faetarer shall euppFy a sigwed-wa raFlt�+ c9verir'�g Hie er�#ire Syeter�a #er �� year-Via -sMali-guar�a�ee-II�hNevels;-iar�-replaser}aeats; - mew�lter f maistenanse-an4-Gmtr$1- poises,spiil4ight-soW4, -a ' =Man4faGWfet shall-maintain spea#ip�rfded-flr4aneial-reseNes-te-assufe €al#i Ear he-full term stem+ damage vanclaNsr ;a ea re*t -OF alteratiens- A. 25- Year Warranty. Each manufacturer shall supply a, signed warranty covering the entire system for 25 years. Warranty shall guarantee light levels; lamp . replecements; System energy consumption; maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full terra. Warranty may exclude fuses; storm damage, vandalisarr, abuse and unauthorized repairs or alterations, 8 . Manufacturer shall conduct Illumination measurements on each field on a yearly basis, With owner representatives present, Illumination measurements shalt Ise conducted in accordance with IESNA RP =6-41 . Appendix B . PART .2 - PRODUCT 2. 1 LIGHTING SYSTEM CONSTRUcTION A- ystere-9es tier+ -i_igl ir}g system sha4i-eeseist-e4he-feliev+++n 4- - -Galuani;ied-steei-a bIY 24, hour 2- •--PrB-Str66Sed-691�6Fet@-�6e-ef�'1 beCtded��G9Nf.� � iE#♦ eC#$ 6 �I-21�AdV�sEi-#A-8t{f@-fAFt�lirai Klur�'t- ara be€er�a-sale-stress-is-a} plied--Al#ernatte- ►xray-be-ar+-asas#er--ba1 a -serr�M-mat-tlae seei pale a► any esed steel het #e;a of t#e fek+ndatiesae iesated a rxain+rauna-of 4� i+uies aaeve-l'♦hai-grade-Ansper-Iaeit- pate- r4ays-:kae€ea=a-t#-ie fele stress is ap�ij6lVV'_.___ 9irest=la�+r+ai steel-peies-anaeoepptable: 3_--All lt+t itra sted wi#h a dis-cast al rsi ra het�s}s g ern; :tel "ai} skive to pteteetthe l inaire-refieeteF system 4---- emete-a�-i�llas#s 2p . . . ' �tr�►-eta€lostires orel Fpqwsted appfGX4matqjy-W1 above -grade. T- e-e; ei65k#fes shall iRSlklee-hal4a8t sapasi#er n(,4as 4Z? 'e. easla N sinaire:-safety d18solneGt-peF-;e+xWjt #ereash-pole=strmGkwe will he located-in-the eaGleGU +�---1l�t+rs-harness -sem�lete-with-ani-abfasfea-pretestiarrsleeve;-strain+ rslief-a►�al�g-1p--�er}r�es€ieas-#er fast;--trsr�le-fr'8e-lftStallatiep- i---�trralsan+ri-�ll9niteri►�- ` . rre#f-:cer�#fsi-aria-faitoring-Qf-the-ligi+#ing-bYstel�; serrstrd�ted of N- MA Type 4 alumit um . Gam rnurt rail - by mangfaetufeer-- bine t-sliaN sehtair� luster ► serf t1 arad 91 arx�ps laoeleo-te matskl #laid dlagraiat3 aiad-elestrlsal esigfl Nl{a " ,lestelr-swltGhes shall-be-previded- A . System :Descriptlon. Lighting system shall consist of the following: 1 . Galvanized steel poles or concrete poles and galvanized steel crossarm assembly 2. Pre-stressed concrete base embedded in concrete backfill allowed to cure for minimum 24 hours before pole stress is applied. Alternate May be an anchor bol# foundaHon.designed such that the steel pole and any exposed steel portion of the foundation be located a minimum of 18 inches above final grade. Anchor bolt foundation concrete must cure fora minimum of 28 days before the pole stress is applied. OR 42 PAPuhlic WotkAF..NGINEERfNG D1VisibN PROJECTS\1042 VB Sports Village Liolifig\Admim\hid doeiuments\Addendums;\AdslendumNo. 3 Shed 4 ) t - 17- I 1Aors i . g WARRANTY AND GUARANTEE A----M Yew iarrat �askf ma+ t►faetarer shall euppFy a sigwed-wa raFlt�+ c9verir'�g Hie er�#ire Syeter�a #er �� year-Via -sMali-guar�a�ee-II�hNevels;-iar�-replaser}aeats; - mew�lter f maistenanse-an4-Gmtr$1- poises,spiil4ight-soW4, -a ' =Man4faGWfet shall-maintain spea#ip�rfded-flr4aneial-reseNes-te-assufe €al#i Ear he-full term stem+ damage vanclaNsr ;a ea re*t -OF alteratiens- A. 25- Year Warranty. Each manufacturer shall supply a, signed warranty covering the entire system for 25 years. Warranty shall guarantee light levels; lamp . replecements; System energy consumption; maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full terra. Warranty may exclude fuses; storm damage, vandalisarr, abuse and unauthorized repairs or alterations, 8 . Manufacturer shall conduct Illumination measurements on each field on a yearly basis, With owner representatives present, Illumination measurements shalt Ise conducted in accordance with IESNA RP =6-41 . Appendix B . PART .2 - PRODUCT 2. 1 LIGHTING SYSTEM CONSTRUcTION A- ystere-9es tier+ -i_igl ir}g system sha4i-eeseist-e4he-feliev+++n 4- - -Galuani;ied-steei-a bIY 24, hour 2- •--PrB-Str66Sed-691�6Fet@-�6e-ef�'1 beCtded��G9Nf.� � iE#♦ eC#$ 6 �I-21�AdV�sEi-#A-8t{f@-fAFt�lirai Klur�'t- ara be€er�a-sale-stress-is-a} plied--Al#ernatte- ►xray-be-ar+-asas#er--ba1 a -serr�M-mat-tlae seei pale a► any esed steel het #e;a of t#e fek+ndatiesae iesated a rxain+rauna-of 4� i+uies aaeve-l'♦hai-grade-Ansper-Iaeit- pate- r4ays-:kae€ea=a-t#-ie fele stress is ap�ij6lVV'_.___ 9irest=la�+r+ai steel-peies-anaeoepptable: 3_--All lt+t itra sted wi#h a dis-cast al rsi ra het�s}s g ern; :tel "ai} skive to pteteetthe l inaire-refieeteF system 4---- emete-a�-i�llas#s 2p . . . ' �tr�►-eta€lostires orel Fpqwsted appfGX4matqjy-W1 above -grade. T- e-e; ei65k#fes shall iRSlklee-hal4a8t sapasi#er n(,4as 4Z? 'e. easla N sinaire:-safety d18solneGt-peF-;e+xWjt #ereash-pole=strmGkwe will he located-in-the eaGleGU +�---1l�t+rs-harness -sem�lete-with-ani-abfasfea-pretestiarrsleeve;-strain+ rslief-a►�al�g-1p--�er}r�es€ieas-#er fast;--trsr�le-fr'8e-lftStallatiep- i---�trralsan+ri-�ll9niteri►�- ` . rre#f-:cer�#fsi-aria-faitoring-Qf-the-ligi+#ing-bYstel�; serrstrd�ted of N- MA Type 4 alumit um . Gam rnurt rail - by mangfaetufeer-- bine t-sliaN sehtair� luster ► serf t1 arad 91 arx�ps laoeleo-te matskl #laid dlagraiat3 aiad-elestrlsal esigfl Nl{a " ,lestelr-swltGhes shall-be-previded- A . System :Descriptlon. Lighting system shall consist of the following: 1 . Galvanized steel poles or concrete poles and galvanized steel crossarm assembly 2. Pre-stressed concrete base embedded in concrete backfill allowed to cure for minimum 24 hours before pole stress is applied. Alternate May be an anchor bol# foundaHon.designed such that the steel pole and any exposed steel portion of the foundation be located a minimum of 18 inches above final grade. Anchor bolt foundation concrete must cure fora minimum of 28 days before the pole stress is applied. OR 42 PAPuhlic WotkAF..NGINEERfNG D1VisibN PROJECTS\1042 VB Sports Village Liolifig\Admim\hid doeiuments\Addendums;\AdslendumNo. 3 Shed 4 ) t - 17- I 1Aors AGREEMENT THIS AGREEMENT made and entered into this 1 st day of Feb . , 2011 by and between Electrical Contracting Service , Inc . hereinafter called the CONTRACTOR and Indian River COUNTY herein called the OWNER . WITNESSED : That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below : Article 1 . Provide complete sports lighting systems to baseball fields 1 and 2 at Vero Beach Sports Village . As per specifications of advertised and sealed bid in Indian River County Bid # 2011025 ; CONTRACTOR, as an independent CONTRACTOR and not as an employee , shall furnish, for the sum of Six Hundred Thirty Four Thousand Dollars ($ 634 , 000 . 00 ) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION 150 Calendar Days from date of the Notice to Proceed to Substantial Completion . Final Completion shall be 30 days thereafter . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . The CONTRACTOR shall provide a Public Construction Bond for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision, in case any question shall arise , shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . 21 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting. doc AGREEMENT THIS AGREEMENT made and entered into this 1 st day of Feb . , 2011 by and between Electrical Contracting Service , Inc . hereinafter called the CONTRACTOR and Indian River COUNTY herein called the OWNER . WITNESSED : That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below : Article 1 . Provide complete sports lighting systems to baseball fields 1 and 2 at Vero Beach Sports Village . As per specifications of advertised and sealed bid in Indian River County Bid # 2011025 ; CONTRACTOR, as an independent CONTRACTOR and not as an employee , shall furnish, for the sum of Six Hundred Thirty Four Thousand Dollars ($ 634 , 000 . 00 ) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION 150 Calendar Days from date of the Notice to Proceed to Substantial Completion . Final Completion shall be 30 days thereafter . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . The CONTRACTOR shall provide a Public Construction Bond for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision, in case any question shall arise , shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . 21 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting. doc Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR ' S Bid Form . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract . The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS The General Conditions, Special Conditions , Specifications , Bid Documents , Insurance Requirements (Exhibit A) , Bonds , and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7 . VENUE This agreement 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 agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. (Contractor) (Owner) Electrical Contracting Service , Inc . Indian River County, Florida President Charles H . Floyd Bob Solari , BCC Chairman Witnessed by : t ..� 00� 0 Approved by BCC February 1 , 2011 JoAnn Morales Attest : PROVED Jeffr . B on, Cl rk f Circuit Court By : — "It -� oseph Baird, County Administrator ° „aH° aaUay° Deputy Clerk /� ppqq 4 CQM41). as a V • . . •Oa°a Approv as to o g Sufficiency sem : , � a J •�� 9 I •• Ns a . on o a BY . a % t ; c >� ° ° Clounty Attorney o i ° • a. o ° qCOUNT"( 1 22 °btl °aunanp °pq FA\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting.doc Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR ' S Bid Form . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract . The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS The General Conditions, Special Conditions , Specifications , Bid Documents , Insurance Requirements (Exhibit A) , Bonds , and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7 . VENUE This agreement 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 agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. (Contractor) (Owner) Electrical Contracting Service , Inc . Indian River County, Florida President Charles H . Floyd Bob Solari , BCC Chairman Witnessed by : t ..� 00� 0 Approved by BCC February 1 , 2011 JoAnn Morales Attest : PROVED Jeffr . B on, Cl rk f Circuit Court By : — "It -� oseph Baird, County Administrator ° „aH° aaUay° Deputy Clerk /� ppqq 4 CQM41). as a V • . . •Oa°a Approv as to o g Sufficiency sem : , � a J •�� 9 I •• Ns a . on o a BY . a % t ; c >� ° ° Clounty Attorney o i ° • a. o ° qCOUNT"( 1 22 °btl °aunanp °pq FA\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting.doc NOTICE TO PROCEED Dated March 2 , 2011 TO : Electrical Contracting Services , Inc . (BIDDER) ADDRESS : 2375 West 77th Street Hialeah , FL 33016 Contract For: Vero Beach Sports Village Sports Lighting Systems ( Insert name of Contract as it appears in the Contract Documents) IRC Project No : 1042 IRC Bid No . 2011025 You are notified that the Contract Times under the above contract will commence to run on March 2 , 2011 . By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated 150 days for Substantial Completion of this project and 180 days for Final Completion . Also , 30 days has been added for procurement of materials . In accordance with Article 4 of the Agreement the date of Substantial Completion is August 31 , 2011 and the date of readiness for final payment is October 1 , 2011 . 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) All permits must be obtained and approval from FAA prior to any construction on -site . INDIAN RIVER COUNTY "Ch,rv " O ) ew her r. , P . E . Co nty Engine FAPublic Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\bid documents\Notice to Proceed 03-02-11 .doc Rev. 05101 NOTICE TO PROCEED Dated March 2 , 2011 TO : Electrical Contracting Services , Inc . (BIDDER) ADDRESS : 2375 West 77th Street Hialeah , FL 33016 Contract For: Vero Beach Sports Village Sports Lighting Systems ( Insert name of Contract as it appears in the Contract Documents) IRC Project No : 1042 IRC Bid No . 2011025 You are notified that the Contract Times under the above contract will commence to run on March 2 , 2011 . By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated 150 days for Substantial Completion of this project and 180 days for Final Completion . Also , 30 days has been added for procurement of materials . In accordance with Article 4 of the Agreement the date of Substantial Completion is August 31 , 2011 and the date of readiness for final payment is October 1 , 2011 . 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) All permits must be obtained and approval from FAA prior to any construction on -site . INDIAN RIVER COUNTY "Ch,rv " O ) ew her r. , P . E . Co nty Engine FAPublic Works\ENGINEERING DIVISION PROJECTS\1042 VB Sports Village Lighting\Admim\bid documents\Notice to Proceed 03-02-11 .doc Rev. 05101 Public Work F . S . Chapter 255 . 05 ( 1) ( a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255 . 05 OR SECTION 713 . 23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER TNJS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 . 05 ( 2 ) OR SECTION 713 . 23 FLORIDA STATUTES , BOND NO : S720386 CONTRACTOR NAME : Electrical Contracting Service Inc CONTRACTOR ADDRESS : 2375 W 77 St Hialeah, Fl 33016 THIS D5 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS CONTRACTOR PHONE NO : 305 556 0041 OF INDIAN RIVER COUNTY FL BK: 2480 PG : 758 , Paget of 3 SURETY COMPANY NAME : NGM Insurance Company 02/23/2011 at 04: 15 PM , JEFFREY K BARTON , CLERK OF COURT SURETY PRINCIPAL 4601 Touchton Road BUSINESS ADDRESS : Jacksonville, Fl 32245 SURETY PHONE NO : 800 2260875 OWNER NAME : Indian River County Board of County Commissioners OWNER ADDRESS : 1800 27 St Vero Beach, Fl 32960 OWNER PHONE NO : 772 567 8000 ext 1416 OBLIGEE NAME : Indian River County Board of County Commissioners (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : 1800 27 St Vero Beach, f132960 OBLIGEE PHONE NO : BOND AMOUNT: Six Hundred thirty-four thousand ( $ 634,000) CONTRACT NO : 2011025 (If applicable) DESCRIPTION OF WORK: Vero Beach Sports Village Sports Lighting Systems PROJECT LOCATION : 3901 26 St Vero Beach , Fl LEGAL DESCRIPTION : (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Work F . S . Chapter 255 . 05 ( 1) ( a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255 . 05 OR SECTION 713 . 23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER TNJS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 . 05 ( 2 ) OR SECTION 713 . 23 FLORIDA STATUTES , BOND NO : S720386 CONTRACTOR NAME : Electrical Contracting Service Inc CONTRACTOR ADDRESS : 2375 W 77 St Hialeah, Fl 33016 THIS D5 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS CONTRACTOR PHONE NO : 305 556 0041 OF INDIAN RIVER COUNTY FL BK: 2480 PG : 758 , Paget of 3 SURETY COMPANY NAME : NGM Insurance Company 02/23/2011 at 04: 15 PM , JEFFREY K BARTON , CLERK OF COURT SURETY PRINCIPAL 4601 Touchton Road BUSINESS ADDRESS : Jacksonville, Fl 32245 SURETY PHONE NO : 800 2260875 OWNER NAME : Indian River County Board of County Commissioners OWNER ADDRESS : 1800 27 St Vero Beach, Fl 32960 OWNER PHONE NO : 772 567 8000 ext 1416 OBLIGEE NAME : Indian River County Board of County Commissioners (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : 1800 27 St Vero Beach, f132960 OBLIGEE PHONE NO : BOND AMOUNT: Six Hundred thirty-four thousand ( $ 634,000) CONTRACT NO : 2011025 (If applicable) DESCRIPTION OF WORK: Vero Beach Sports Village Sports Lighting Systems PROJECT LOCATION : 3901 26 St Vero Beach , Fl LEGAL DESCRIPTION : (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. PUBLIC CONSTRUCTION BOND Bond No . S 720386 BY THIS BOND , We Electrical Contracting Service Inc as Principal and NGM Insurance Co. , a corporation , as Surety , are bound to Indian River County Board of County Commissioners , herein called Owner , in the sum of $ 634 , 000 . 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 February 1 , 2011 , between Principal and Owner for construction of Vero Beach Sports Village Sports Lighting Systems , the contract being made a part of this bond by reference , at the times and in the manner prescribed in the contract ; and 2 . Promptly makes payments to all claimants , as defined in Section 255 . 05 ( 1 ) , Florida Statutes , supplying Principal with labor , materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract ; and 3 . Pays Owner all losses , damages , expenses , costs , and attorney ' s fees , including appellate proceedings , that Owner sustains because of a default by Principal under the contract ; and 4 . Performs the guarantee e)f all work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 (2 ) , Florida Statutes . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect SU.rety's' �A obligation under the bond Dated on February 1 , 2011 ,,V J f.e'J... Electrical Contracting Service Inc By As Attorne ' in - F+ " a J NGM Insurance Company . •:, PUBLIC CONSTRUCTION BOND Bond No . S 720386 BY THIS BOND , We Electrical Contracting Service Inc as Principal and NGM Insurance Co. , a corporation , as Surety , are bound to Indian River County Board of County Commissioners , herein called Owner , in the sum of $ 634 , 000 . 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 February 1 , 2011 , between Principal and Owner for construction of Vero Beach Sports Village Sports Lighting Systems , the contract being made a part of this bond by reference , at the times and in the manner prescribed in the contract ; and 2 . Promptly makes payments to all claimants , as defined in Section 255 . 05 ( 1 ) , Florida Statutes , supplying Principal with labor , materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract ; and 3 . Pays Owner all losses , damages , expenses , costs , and attorney ' s fees , including appellate proceedings , that Owner sustains because of a default by Principal under the contract ; and 4 . Performs the guarantee e)f all work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 (2 ) , Florida Statutes . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect SU.rety's' �A obligation under the bond Dated on February 1 , 2011 ,,V J f.e'J... Electrical Contracting Service Inc By As Attorne ' in - F+ " a J NGM Insurance Company . •:, ® NGM INSURANCE COMPANY POWER OF ATTORNEY 06 ® 1 4 A member of The Main Street America Group KNOW ALL MEN BY THESE PRESENTS : That NGM Insurance Company , a Florida corporation having its principal office in the City of Jacksonville , State of Florida, pursuant to Article IV , Section 2 of the By-Laws of said Company , to wit : " Article IV , Section 2 . The board of directors , the president, any vice president , secretary , or the treasurer shall have the power and authority to appoint attorneys- in - fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto , bonds , recognizances , contracts of indemnity or writings obligatory in the nature of a bond , recognizance or conditional undertaking and to remove any such attorneys - in - fact at any time and revoke the power and authority given to thetas . " does hereby make , constitute and appoint A Hadi Farid , Charlotte Floyd , Harvey Sheldon -- -------------------------------- --------------------------------------------------------------------------------------------------------- ---------------------------------------- its true and lawful Attorneys - 1n - fact , to make , execute , seal and deliver for and on its behalf, and as its act and deed , bonds , undertakings , recognizances , contracts of indemnity , or other writings obligatory in nature of a bond subject to the following limitation : I . No one bond to exceed Five Million Dollars ($5 , 000 , 000 . 00) . and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the NGM Insurance Company ; the acts of said Attorney are hereby ratified and confirmed . This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977 . Voted : That the signature of any officer . authorized by the By- Laws and the company seal may be affixed by facsimile. to any power of attorney or special power of attorney or certification of either given for the execution of any bond , undertaking, recognizance or other written obligation in jile nature theeeof; such signature and seal , when so used being hereby adopted by the company as the original signature .of such office and the original seal of the company , to be valid and binding upon the company with the same force and effect as though manually affixed . IN WITNESS WHEREOF, NGM Insurance Company has caused these presents. to be signed by its Corporate Secretary and its corporate seal to be hereto affixed this 1st day of March , 2006 . cf NGM INSURANCE COMPANY By : 1v I o+, £ Z. 2 Susan E Mack K we Corporate Secretary of "11100N S State of Florida , ,r ; N a: if County of Duval . ti¢ ; On this March 1 , 2006 before the subscriber a Notary Public of State of Florida in and for the County of Duval' 'duly , egtnnvg"stoned and qualified , came William C . McKenna of the NGM Insurance Company, to me personally known to be the officer described herein , and who executed the preceding instrument , and he acknowledged the execution of same , and being by me fully sworn , deposed and said that he is an officer of said Company , aforesaid : that the seal affixed to the preceding instrument is the corporate seal of said Company , and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company ; that Article IV , Section 2 of the By- Laws of said Company is now in force. IN WITNESS WHEREOF , I have hereunto set my ]land and affixed my official seal at Jacksonville , Florida this 1st day of March , 2006 . ••.i+ U�., P. A. Harrell } Commission # DD464125 ' ;f�� 0 Expires� Trot August ,2 August 212009 fe I , Brian J Beggs , Vice President of the NGM Insurance Company , do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect . IN WITNESS WHEREOF , I have hereunto set illy hand and affixed the seal of said Company at Jacksonville , Florida this �day of FE1.3 o2vI WARNING : Any unauthorised reproduction or alteration of this document is prohibited . TO CONFIRM VALIDITY of the attached pond please call 1 -400- 225 - 5616 . TO SUMllel' A CLAINI : Send all correspondence to 55 West Street, Keene , NI-I 03431 Attn : Bond Claims . ® NGM INSURANCE COMPANY POWER OF ATTORNEY 06 ® 1 4 A member of The Main Street America Group KNOW ALL MEN BY THESE PRESENTS : That NGM Insurance Company , a Florida corporation having its principal office in the City of Jacksonville , State of Florida, pursuant to Article IV , Section 2 of the By-Laws of said Company , to wit : " Article IV , Section 2 . The board of directors , the president, any vice president , secretary , or the treasurer shall have the power and authority to appoint attorneys- in - fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto , bonds , recognizances , contracts of indemnity or writings obligatory in the nature of a bond , recognizance or conditional undertaking and to remove any such attorneys - in - fact at any time and revoke the power and authority given to thetas . " does hereby make , constitute and appoint A Hadi Farid , Charlotte Floyd , Harvey Sheldon -- -------------------------------- --------------------------------------------------------------------------------------------------------- ---------------------------------------- its true and lawful Attorneys - 1n - fact , to make , execute , seal and deliver for and on its behalf, and as its act and deed , bonds , undertakings , recognizances , contracts of indemnity , or other writings obligatory in nature of a bond subject to the following limitation : I . No one bond to exceed Five Million Dollars ($5 , 000 , 000 . 00) . and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the NGM Insurance Company ; the acts of said Attorney are hereby ratified and confirmed . This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977 . Voted : That the signature of any officer . authorized by the By- Laws and the company seal may be affixed by facsimile. to any power of attorney or special power of attorney or certification of either given for the execution of any bond , undertaking, recognizance or other written obligation in jile nature theeeof; such signature and seal , when so used being hereby adopted by the company as the original signature .of such office and the original seal of the company , to be valid and binding upon the company with the same force and effect as though manually affixed . IN WITNESS WHEREOF, NGM Insurance Company has caused these presents. to be signed by its Corporate Secretary and its corporate seal to be hereto affixed this 1st day of March , 2006 . cf NGM INSURANCE COMPANY By : 1v I o+, £ Z. 2 Susan E Mack K we Corporate Secretary of "11100N S State of Florida , ,r ; N a: if County of Duval . ti¢ ; On this March 1 , 2006 before the subscriber a Notary Public of State of Florida in and for the County of Duval' 'duly , egtnnvg"stoned and qualified , came William C . McKenna of the NGM Insurance Company, to me personally known to be the officer described herein , and who executed the preceding instrument , and he acknowledged the execution of same , and being by me fully sworn , deposed and said that he is an officer of said Company , aforesaid : that the seal affixed to the preceding instrument is the corporate seal of said Company , and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company ; that Article IV , Section 2 of the By- Laws of said Company is now in force. IN WITNESS WHEREOF , I have hereunto set my ]land and affixed my official seal at Jacksonville , Florida this 1st day of March , 2006 . ••.i+ U�., P. A. Harrell } Commission # DD464125 ' ;f�� 0 Expires� Trot August ,2 August 212009 fe I , Brian J Beggs , Vice President of the NGM Insurance Company , do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect . IN WITNESS WHEREOF , I have hereunto set illy hand and affixed the seal of said Company at Jacksonville , Florida this �day of FE1.3 o2vI WARNING : Any unauthorised reproduction or alteration of this document is prohibited . TO CONFIRM VALIDITY of the attached pond please call 1 -400- 225 - 5616 . TO SUMllel' A CLAINI : Send all correspondence to 55 West Street, Keene , NI-I 03431 Attn : Bond Claims . 721(0712011 M /DD/YYYY ) ,acox ®� CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bankers Insurance Services , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I 1101 Roosevelt Blvd . N . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St . Petersburg, FL 33716 INSURERS AFFORDING COVERAGE NAIC # INSURED SURER A: Bankers Insurance Company 33162 Bankers Employer Services I , Inc . SURER B: I 1 101 Roosevelt Blvd . N . SURER C: St. Petersburg, Fl 33716 SURER D: 727 823 -4000 x4274 SURER E: COVERAGES 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 . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY CH OCCURRENCE $ '—" AMAGE TO RENTED OMMERCIAL GENERAL LIABILITY REMISES (Ea occurence) $ CLAIMS MADE OCCUR ED EXP An one rson $ ERSONAL & ADV INJURY $ ENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: RODUCTS - COMP/OP AGG $ PRO- F.] POLICY ❑ JECT ❑ LOC AUTOMOBILE LIABILITY OMBINED SINGLE LIMIT NY AUTO Ea accident) $ LL OWNED AUTOS ODILY INJURY $ CHEDULED AUTOS Per person) tRED AUTOS ODILY INJURY $ ON-OWNED AUTOS Per accident) ROPERTY DAMAGE Per accident) $ GARAGE LIABILITY UTO ONLY - EA ACCIDENT $ ANY AUTO THER THAN EA ACC $ UTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CH OCCURRENCE $ OCCUR CLAIMS MADE GGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TbRY 11MlTd l`-_�_ EMPLOYERS' LIABILITY L. EACH ACCIDENT $ 1 , 0001000 ANY PROPRIETOR/PARTNER/EXECUTIVE 09 03 00000000 03 04/01 /2010 04/01 /2011 A OFFICER/MEMBER EXCLUDED? L. DISEASE - EA EMPLOYEE $ 11000 , 000 if yes, describe under SPECIAL PROVISIONS below El, DISEASE - POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project : Vero Beach Sports Village Sports Lighting Systems Bid #2011025 As defined by Client Service Agreement, coverage is extended to leased employees of Electrical Contracting Services Inc . For information regarding this coverage or to receive a list of employees for this client, please call ( 727) 823-4000 x4274 . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TFJE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRMTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Indian River County Purchasing Dept REPRESENTATIVES . 1800 27th Street AUT14ORIZED REPRESENTATIVE Vero Beach , FL 32960- Fax • Email : � J ACORD 25 (2001 /08) c@ ACORD CORPORATION 1988 721(0712011 M /DD/YYYY ) ,acox ®� CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bankers Insurance Services , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I 1101 Roosevelt Blvd . N . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St . Petersburg, FL 33716 INSURERS AFFORDING COVERAGE NAIC # INSURED SURER A: Bankers Insurance Company 33162 Bankers Employer Services I , Inc . SURER B: I 1 101 Roosevelt Blvd . N . SURER C: St. Petersburg, Fl 33716 SURER D: 727 823 -4000 x4274 SURER E: COVERAGES 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 . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY CH OCCURRENCE $ '—" AMAGE TO RENTED OMMERCIAL GENERAL LIABILITY REMISES (Ea occurence) $ CLAIMS MADE OCCUR ED EXP An one rson $ ERSONAL & ADV INJURY $ ENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: RODUCTS - COMP/OP AGG $ PRO- F.] POLICY ❑ JECT ❑ LOC AUTOMOBILE LIABILITY OMBINED SINGLE LIMIT NY AUTO Ea accident) $ LL OWNED AUTOS ODILY INJURY $ CHEDULED AUTOS Per person) tRED AUTOS ODILY INJURY $ ON-OWNED AUTOS Per accident) ROPERTY DAMAGE Per accident) $ GARAGE LIABILITY UTO ONLY - EA ACCIDENT $ ANY AUTO THER THAN EA ACC $ UTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CH OCCURRENCE $ OCCUR CLAIMS MADE GGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TbRY 11MlTd l`-_�_ EMPLOYERS' LIABILITY L. EACH ACCIDENT $ 1 , 0001000 ANY PROPRIETOR/PARTNER/EXECUTIVE 09 03 00000000 03 04/01 /2010 04/01 /2011 A OFFICER/MEMBER EXCLUDED? L. DISEASE - EA EMPLOYEE $ 11000 , 000 if yes, describe under SPECIAL PROVISIONS below El, DISEASE - POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project : Vero Beach Sports Village Sports Lighting Systems Bid #2011025 As defined by Client Service Agreement, coverage is extended to leased employees of Electrical Contracting Services Inc . For information regarding this coverage or to receive a list of employees for this client, please call ( 727) 823-4000 x4274 . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TFJE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRMTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Indian River County Purchasing Dept REPRESENTATIVES . 1800 27th Street AUT14ORIZED REPRESENTATIVE Vero Beach , FL 32960- Fax • Email : � J ACORD 25 (2001 /08) c@ ACORD CORPORATION 1988 ACORO 26 (20611108) ACORID CORPORA116N 1986 IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the policy(ies ) must be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s ) , authorized representative or producer, and the certificate holder , nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . ACORD 25 (2001 /08) ACORO 26 (20611108) ACORID CORPORA116N 1986 IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the policy(ies ) must be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s ) , authorized representative or producer, and the certificate holder , nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . ACORD 25 (2001 /08) CONTRACTOR ' S APPLICATION FOR PAYMENT VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS Application for Payment No . For Work Accomplished through the period of through To : ( OWNER) From : ( CONTRACTOR) Bid 2011025 Project : 1042 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments (+ or -) : $ 3 . Current Contract Price ( 1 plus 2 ) : $ 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : of completed Work : $ of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION 6 MINUS 7 * * Attach detailed schedule of materials and copies of all invoices with lien releases CONTRACTOR' S CERTIFICATION : UNDER PENALTY OF PERJURY , the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; ( 2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , 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 ; 27 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Wdmim\bid documents\13id Docs VQSV Lighting revised 12- 13 - IO .doc CONTRACTOR ' S APPLICATION FOR PAYMENT VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS Application for Payment No . For Work Accomplished through the period of through To : ( OWNER) From : ( CONTRACTOR) Bid 2011025 Project : 1042 1 ) Attach detailed schedule and copies of all paid invoices . 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments (+ or -) : $ 3 . Current Contract Price ( 1 plus 2 ) : $ 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : of completed Work : $ of retainage : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION 6 MINUS 7 * * Attach detailed schedule of materials and copies of all invoices with lien releases CONTRACTOR' S CERTIFICATION : UNDER PENALTY OF PERJURY , the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work ; ( 2 ) payment received from the last pay request has been used to make payments to all subcontractors , laborers , 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 ; 27 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Wdmim\bid documents\13id Docs VQSV Lighting revised 12- 13 - IO .doc Page 2 of 5 2 . Updated Construction Schedule, and Dated By : ( CONTRACTOR — must be signed by an Officer of the Corporation ) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared , who being by me first duly sworn upon oath , says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it , and that he/she executed the above Contractor' s Application for Payment and Contractor' s Certification statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct , and complete . Subscribed and sworn to before me this day of 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] 28 FAPublic Work s\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10. doc Page 2 of 5 2 . Updated Construction Schedule, and Dated By : ( CONTRACTOR — must be signed by an Officer of the Corporation ) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared , who being by me first duly sworn upon oath , says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it , and that he/she executed the above Contractor' s Application for Payment and Contractor' s Certification statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct , and complete . Subscribed and sworn to before me this day of 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] 28 FAPublic Work s\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10. doc Page 3 of 5 SURETY' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , a corporation , in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR ' s APPLICATION FOR PAYMENT . TO BE EXECUTED BY CORPORATE SURETY : Attest : Secretary Corporate Surety Business Address BY : Print Name : Title : (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared to me well known or who produced as identification , who being by me first duly sworn upon oath , says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment . Subscribed and sworn to before me this day of , 20 Notary Public , State of My Commission Expires : [The remainder of this page was left blank intentionally] 29 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . doc Page 3 of 5 SURETY' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety , a corporation , in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR ' s APPLICATION FOR PAYMENT . TO BE EXECUTED BY CORPORATE SURETY : Attest : Secretary Corporate Surety Business Address BY : Print Name : Title : (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified , and acting , personally appeared to me well known or who produced as identification , who being by me first duly sworn upon oath , says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment . Subscribed and sworn to before me this day of , 20 Notary Public , State of My Commission Expires : [The remainder of this page was left blank intentionally] 29 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . doc Page 4of5 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payments 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] 30 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\13id Docs V13SV Lighting revised 12- 13 - IO .doe Page 4of5 CERTIFICATION OF ENGINEER : I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payments 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] 30 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\13id Docs V13SV Lighting revised 12- 13 - IO .doe Page 5 of 5 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid ( attach additional pages as necessary ) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release of lien form ( partial or final as applicable ) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included ( attach additional pages as necessary ) : 31 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Wdmim\bid documents0d Does VBSV Lighting revised 12- 13 - 10 .doc Page 5 of 5 ATTACHMENT A 1 . List of all subcontractors , laborers , materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid ( attach additional pages as necessary ) : 2 . List of all subcontractors , laborers , materialmen and suppliers for which a signed release of lien form ( partial or final as applicable ) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included ( attach additional pages as necessary ) : 31 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Wdmim\bid documents0d Does VBSV Lighting revised 12- 13 - 10 .doc CERTIFICATE OF SUBSTANTIAL COMPLETION Date of Issuance : 120 OWNER : Indian River County CONTRACTOR : Contract : Project : Vero Beach Sports Village Sports Lighting Systems Bid No . 2011025 ENGINEER ' s Project No . 1042 CONTRACT FOR : Vero Beach Sports Village Sports Lighting Systems 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 . 32 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admini% id documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . doc CERTIFICATE OF SUBSTANTIAL COMPLETION Date of Issuance : 120 OWNER : Indian River County CONTRACTOR : Contract : Project : Vero Beach Sports Village Sports Lighting Systems Bid No . 2011025 ENGINEER ' s Project No . 1042 CONTRACT FOR : Vero Beach Sports Village Sports Lighting Systems 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 . 32 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admini% id documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . 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 33 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10.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 33 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10.doc CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 20 , enter into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below . 5 . The Work is complete and ready for final acceptance by the OWNER . 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . 34 I"APublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - I O . doc CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County , Florida , a political subdivision of said state , did on the day of 20 , enter into a contract for the performance of certain work , more particularly described as follows : UNDER PENALTY OF PERJURY , affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below . 5 . The Work is complete and ready for final acceptance by the OWNER . 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . 34 I"APublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - I O . doc ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this — day of 24 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 35 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 .doc ( Corporate Seal ) ( Contractor) By : Subscribed and sworn to before me this — day of 24 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 35 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 .doc TECHNICAL SPECIFICATIONS SECTION 16526 — SPORTS FIELD LIGHTING PART 1 — GENERAL 1 . 1 SUMMARY A . General Conditions 1 . Contractor to provide a list ( 5 ) sports lighting projects completed over the last (24 ) months and supply appropriate references . B . Scope of work 2 . Responsibilities : a ) Provide electrical designs certified by a professional engineer licensed in the State of Florida b) Provide structural design for poles and foundations , certified by a professional engineer licensed in the State of Florida c) Obtain and pay for all permitting costs and necessary inspections as required . d ) Provide required poles , fixtures , foundations , and associated designs e ) Provide adequate trash container for cardboard waste and packing debris f) Provide adequate security to protect products from theft , vandalism or damage during the installation g ) Locate and mark existing irrigation systems prior to excavation . h ) Repair and replacement of any grass , asphalt , curbs , and concrete damage resulting from installation . Bring site back to original condition i ) Provide layout of pole locations and aiming diagram . j ) Provide light test upon completion . This must be certified by Electrical Engineer. k) Provide equipment and materials to off load equipment at jobsite per scheduled delivery . 1 ) Provide materials and equipment to install or upgrade existing electrical service panels as required or necessary . m ) Provide materials and equipment to install all underground conduit , wiring , pull boxes , switchgear, etc . and terminate wiring as required . n ) Make appropriate contact to ensure utility locates have been done prior to excavation and trenching . Repair any such damage to existing utilities during construction . o ) Remove augured spoils to owner-designated location at jobsite p ) Keep all heavy equipment off of playing surfaces when possible using due care to minimize damages q ) Provide pull box for each pole r) Pay for all utility costs applicable s) Designs per N . E . C . and all local building codes t) All conduit to be run around the fields u ) Each pole to have a separate circuit v) Thwn ( copper) to be used for all wiring w) Back to back fixtures will need two circuits per pole x) Contractor to establish necessary power to meet lighting specifications y ) Build electrical service location per local building codes z) Provide additional 1 inch conduit & 110 Volt receptacle for all A& B Poles aa) Provide surge protection at Ballast Enclosure and Electrical Service bb ) Provide ( 1 ) selector switch for each field cc) Coordinate and pay all fees associated with service connections as required by City of Vero Beach Electric 36 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents0d Docs V13SV Lighting revised 12- 13 - IO . doc TECHNICAL SPECIFICATIONS SECTION 16526 — SPORTS FIELD LIGHTING PART 1 — GENERAL 1 . 1 SUMMARY A . General Conditions 1 . Contractor to provide a list ( 5 ) sports lighting projects completed over the last (24 ) months and supply appropriate references . B . Scope of work 2 . Responsibilities : a ) Provide electrical designs certified by a professional engineer licensed in the State of Florida b) Provide structural design for poles and foundations , certified by a professional engineer licensed in the State of Florida c) Obtain and pay for all permitting costs and necessary inspections as required . d ) Provide required poles , fixtures , foundations , and associated designs e ) Provide adequate trash container for cardboard waste and packing debris f) Provide adequate security to protect products from theft , vandalism or damage during the installation g ) Locate and mark existing irrigation systems prior to excavation . h ) Repair and replacement of any grass , asphalt , curbs , and concrete damage resulting from installation . Bring site back to original condition i ) Provide layout of pole locations and aiming diagram . j ) Provide light test upon completion . This must be certified by Electrical Engineer. k) Provide equipment and materials to off load equipment at jobsite per scheduled delivery . 1 ) Provide materials and equipment to install or upgrade existing electrical service panels as required or necessary . m ) Provide materials and equipment to install all underground conduit , wiring , pull boxes , switchgear, etc . and terminate wiring as required . n ) Make appropriate contact to ensure utility locates have been done prior to excavation and trenching . Repair any such damage to existing utilities during construction . o ) Remove augured spoils to owner-designated location at jobsite p ) Keep all heavy equipment off of playing surfaces when possible using due care to minimize damages q ) Provide pull box for each pole r) Pay for all utility costs applicable s) Designs per N . E . C . and all local building codes t) All conduit to be run around the fields u ) Each pole to have a separate circuit v) Thwn ( copper) to be used for all wiring w) Back to back fixtures will need two circuits per pole x) Contractor to establish necessary power to meet lighting specifications y ) Build electrical service location per local building codes z) Provide additional 1 inch conduit & 110 Volt receptacle for all A& B Poles aa) Provide surge protection at Ballast Enclosure and Electrical Service bb ) Provide ( 1 ) selector switch for each field cc) Coordinate and pay all fees associated with service connections as required by City of Vero Beach Electric 36 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents0d Docs V13SV Lighting revised 12- 13 - IO . doc C . Work covered by this section of the specifications shall conform to the contract documents , engineering plans as well as state and local codes . D . The purpose of these lighting specifications is to define the performance and design standards for Vero Beach Sports Village sports lighting for baseball fields . The manufacturer / contractor shall supply lighting equipment to meet or exceed the standards set forth by the criteria set forth in these specifications . E . The sports lighting will be for the following fields : 1 . Baseball Field # 1 and #2 ( See Attached Location Map) F . Airport Comments 1 . HEIGHT NOTIFICATION ZONE : Construction of lighting may affect navigable airspace . Contractor must file a Notice of Proposed Construction or Alteration ( Form 7460- 1 ) with the FAA . Prior to site plan approval , the applicant shall receive a Determination of No Hazard " from the Federal Aviation Administration ( FAA) pursuant to Part 77 , Federal Aviation Regulations . Request for FAA approval should be made by the applicant through the FAA Southern Region office (Atlanta , GA) using FAA Form 7460- 1 . Contact Vero Beach Airport for more information (978-4930 ) . a ) Any current obstruction ( natural or man - made ) which lies in the approach path to any runway at the Vero Beach Airport must meet the requirements of FAR Part 77 . b) All proposed landscaping or plantings shall be selected with a mature height that meets the requirements of FAR Part 77 . c) An FAA line-of-sight review may be necessary for site locations adjacent to airport movement areas . Contact Airport Director' s Office . 2 . GENERAL : During construction , applicant shall coordinate construction activities with the Airport Director' s office ( 772 -978-4930 ) . The applicant shall notify the Airport Director' s office at least 72 hours prior to using any construction crane or other equipment that exceeds a height of 35 feet above ground level . Proper obstruction lighting and flags are required . a ) All external lighting , during and after completion of construction , shall be directed downward at a sufficient angle so as to avoid a visual distraction to pilots in airborne aircraft in the vicinity of the airport . G . Environmental Light Control : 1 . It is the goal of this project to not negatively impact this community with excessive spill light or glare . Lighting manufacturer and installing contractor must meet requirements set forth in the lighting ordinance for Indian River County and City of Vero Beach . Manufacturer and/or contractor will be responsible for submitting a site plan which details photometric plan , the location of and description of each type of outdoor luminaire to be installed and a photograph or diagram thereof. Contractors must have a certified lighting designer , certified lighting engineer, or manufacturer' s representative certify that the completed installation conforms to the approved outdoor lighting plan and the requirements of the article . Lighting manufacturer and contractor must verify with Indian River County Community Development Department and Vero Beach Planning and Development Department that " spill light control " meets the ordinance the County and City of Vero Beach . 2 . Guaranteed Light Levels : The lighting system shall be designed such that the light levels are guaranteed for a period of 25 years . 3 . Contractors are required to obtain a building permit ( Indian River County Building Division ) . Include the cost of said permit in bid pricing . 1 . 2 LIGHTING PERFORMANCE A . Performance Requirements : Playing surfaces shall be lit to an average constant light level and uniformity as specified in the chart below . Light levels shall be held constant for 25 years . Minor League Baseball does not accept +/- 10 % . Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below . 37 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . doc C . Work covered by this section of the specifications shall conform to the contract documents , engineering plans as well as state and local codes . D . The purpose of these lighting specifications is to define the performance and design standards for Vero Beach Sports Village sports lighting for baseball fields . The manufacturer / contractor shall supply lighting equipment to meet or exceed the standards set forth by the criteria set forth in these specifications . E . The sports lighting will be for the following fields : 1 . Baseball Field # 1 and #2 ( See Attached Location Map) F . Airport Comments 1 . HEIGHT NOTIFICATION ZONE : Construction of lighting may affect navigable airspace . Contractor must file a Notice of Proposed Construction or Alteration ( Form 7460- 1 ) with the FAA . Prior to site plan approval , the applicant shall receive a Determination of No Hazard " from the Federal Aviation Administration ( FAA) pursuant to Part 77 , Federal Aviation Regulations . Request for FAA approval should be made by the applicant through the FAA Southern Region office (Atlanta , GA) using FAA Form 7460- 1 . Contact Vero Beach Airport for more information (978-4930 ) . a ) Any current obstruction ( natural or man - made ) which lies in the approach path to any runway at the Vero Beach Airport must meet the requirements of FAR Part 77 . b) All proposed landscaping or plantings shall be selected with a mature height that meets the requirements of FAR Part 77 . c) An FAA line-of-sight review may be necessary for site locations adjacent to airport movement areas . Contact Airport Director' s Office . 2 . GENERAL : During construction , applicant shall coordinate construction activities with the Airport Director' s office ( 772 -978-4930 ) . The applicant shall notify the Airport Director' s office at least 72 hours prior to using any construction crane or other equipment that exceeds a height of 35 feet above ground level . Proper obstruction lighting and flags are required . a ) All external lighting , during and after completion of construction , shall be directed downward at a sufficient angle so as to avoid a visual distraction to pilots in airborne aircraft in the vicinity of the airport . G . Environmental Light Control : 1 . It is the goal of this project to not negatively impact this community with excessive spill light or glare . Lighting manufacturer and installing contractor must meet requirements set forth in the lighting ordinance for Indian River County and City of Vero Beach . Manufacturer and/or contractor will be responsible for submitting a site plan which details photometric plan , the location of and description of each type of outdoor luminaire to be installed and a photograph or diagram thereof. Contractors must have a certified lighting designer , certified lighting engineer, or manufacturer' s representative certify that the completed installation conforms to the approved outdoor lighting plan and the requirements of the article . Lighting manufacturer and contractor must verify with Indian River County Community Development Department and Vero Beach Planning and Development Department that " spill light control " meets the ordinance the County and City of Vero Beach . 2 . Guaranteed Light Levels : The lighting system shall be designed such that the light levels are guaranteed for a period of 25 years . 3 . Contractors are required to obtain a building permit ( Indian River County Building Division ) . Include the cost of said permit in bid pricing . 1 . 2 LIGHTING PERFORMANCE A . Performance Requirements : Playing surfaces shall be lit to an average constant light level and uniformity as specified in the chart below . Light levels shall be held constant for 25 years . Minor League Baseball does not accept +/- 10 % . Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below . 37 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . doc AFea of Lighting Mirtimum-Untformi mid-Reis _ Ught Levels 144e Sparaing 43aseba4-Rekk*14r1'4W 4004GGtsandles 4-. 341 -0 2 , 9aasebaA-F-ield4*24A#jaW 190 €®s1:cand4es 4-.340 .Q 25 30, Q01 Ba 70-#eewan"s 211:1-@ -128 304aoi 7-0 #eetGandles 2:41:8 433 ve-a-lumen mal►atena HAndbeek-9'-&d Gnn . W9Win9 Gontm!6 Sect' =men maintRnaMe sentral nevaWterA to the deaigAed 4m4eve4 ,4s N om^ -'�epre tiara assors mere gewer is applied to-t4ae laaaps I+a erdef-te-maiRtOin senstant output" -rest provide an4nd F91-4tFa jf Oeye and veFifying the field pesafeaomsm^ ^ of the system fQF the duFafien of the aiim N1€e efe lemp based en lamp Feplaeement hows . Repwt shall be signed 19y a lieeRsed mienal engirt 3 . Prajes#-Re#emoGea= ding any f ninnua -of-five- 6pretF €e � ewtk Xl ojwith in the last two (21 oat: Ra d-santa . 9 . Lamp Q— AllManufasiurers must PFevide 1680 wart metal halide-lenM3s a —Lamps exGeeding 4669QQQnot-b6-approved . ® Must provide 1 G64 SheSt& A . Performance Requirements: Playing surfaces shall be lit to an average maintained light level and uniformity as specified in the chart below. Light levels shall be maintained for 25 years. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Average Maximum to Grid I Grid Area of Lighting Maintained Light Minimum points I Spacing Levels Uniformity Ratio Baseball Field #1 Infield 100 footcandles 4,34-.0. 1. 2: 1.0 25 30' x301 Baseball Field #2 Infield 100 footcandles -1-44-4- 1 . 2: 1.0 25 30' x301 Baseball Field #1 70 footcandles 2.44. 2.0:1 .0 128 30' x30' Outfield Baseball Field #2 70 footcandles 2 2. 0:1 .0 133 30' x30' Outfield 1 . Independent Test Report: Manufacturers bidding any form of light system must provide an Independent test report certitying the system meets the lumen requirements above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 2. Project References: Manufacturers bidding any form of light system must provide a minimum of five (5) project references within the state of Florida that have been completed within the last two (2) calendar years. Manufacturer will Include project name, project city, contact name, and contact phone number for each reference. 38 F'\I'nhhc Works\ENGINEERIN(i DIVISION PROIFCTS\1042 VB Sports Village LightingWdmitn\bid documcntslAddendums\ADII)ENDUMNO, 2 TECH SPECS 1 - 1 1 -1 l .doc AFea of Lighting Mirtimum-Untformi mid-Reis _ Ught Levels 144e Sparaing 43aseba4-Rekk*14r1'4W 4004GGtsandles 4-. 341 -0 2 , 9aasebaA-F-ield4*24A#jaW 190 €®s1:cand4es 4-.340 .Q 25 30, Q01 Ba 70-#eewan"s 211:1-@ -128 304aoi 7-0 #eetGandles 2:41:8 433 ve-a-lumen mal►atena HAndbeek-9'-&d Gnn . W9Win9 Gontm!6 Sect' =men maintRnaMe sentral nevaWterA to the deaigAed 4m4eve4 ,4s N om^ -'�epre tiara assors mere gewer is applied to-t4ae laaaps I+a erdef-te-maiRtOin senstant output" -rest provide an4nd F91-4tFa jf Oeye and veFifying the field pesafeaomsm^ ^ of the system fQF the duFafien of the aiim N1€e efe lemp based en lamp Feplaeement hows . Repwt shall be signed 19y a lieeRsed mienal engirt 3 . Prajes#-Re#emoGea= ding any f ninnua -of-five- 6pretF €e � ewtk Xl ojwith in the last two (21 oat: Ra d-santa . 9 . Lamp Q— AllManufasiurers must PFevide 1680 wart metal halide-lenM3s a —Lamps exGeeding 4669QQQnot-b6-approved . ® Must provide 1 G64 SheSt& A . Performance Requirements: Playing surfaces shall be lit to an average maintained light level and uniformity as specified in the chart below. Light levels shall be maintained for 25 years. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Average Maximum to Grid I Grid Area of Lighting Maintained Light Minimum points I Spacing Levels Uniformity Ratio Baseball Field #1 Infield 100 footcandles 4,34-.0. 1. 2: 1.0 25 30' x301 Baseball Field #2 Infield 100 footcandles -1-44-4- 1 . 2: 1.0 25 30' x301 Baseball Field #1 70 footcandles 2.44. 2.0:1 .0 128 30' x30' Outfield Baseball Field #2 70 footcandles 2 2. 0:1 .0 133 30' x30' Outfield 1 . Independent Test Report: Manufacturers bidding any form of light system must provide an Independent test report certitying the system meets the lumen requirements above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 2. Project References: Manufacturers bidding any form of light system must provide a minimum of five (5) project references within the state of Florida that have been completed within the last two (2) calendar years. Manufacturer will Include project name, project city, contact name, and contact phone number for each reference. 38 F'\I'nhhc Works\ENGINEERIN(i DIVISION PROIFCTS\1042 VB Sports Village LightingWdmitn\bid documcntslAddendums\ADII)ENDUMNO, 2 TECH SPECS 1 - 1 1 -1 l .doc must be flexible to allow a range of privileges such as full scheduling capabilities for all fields , to only having permission to execute " early off' commands by phone . Controller shall accept and store 7 -day schedules , be protected against memory loss during power outages , and shall reboot once power is regained and execute any commands that would have occurred during outage . a . Hours of Usage : Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the owner. i . Cumulative hours : shall be tracked to show the total hours used by the facility ii . Current lamp hours : shall be tracked separately to reflect the amount of hours on the current set of lamps being used , so relamping can be scheduled accurately F . Management Tools : Manufacturer shall provide a web -based database of actual field usage and provide reports by facility and user group . G . Communication Costs : Manufacturer shall include communication costs for operating the controls and monitoring system for a period of 25 years . 1 . 5 PLAYABILITY A . Weight Reduction on Cross Arm To prevent cross arms from sagging resulting in potential fixture misalignment , the ballasts shall be mounted in an electrical component enclosure on the pole separate from the fixture mounting B . Mounting Heights The pole mounting heights shall be minimum 90 ' 1 .6 MAINTENANCE EASE A. Electrical Component Enclosure Location To provide easy access to major electrical components , the electrical component enclosure shall be located approximately 10 feet above grade at the pole foundation . B . Aiming Recapture Device To assure quality of lighting on the field is maintained , light fixtures shall have a positive repositioning device for each luminaire on the assembly . The device shall provide for automatic repositioning of the aiming after relamping . In addition , there shall be a stainless steel bolt and nut to secure the alignment. C . Labeled Assembly For easy identification and reduced maintenance time , each ballast, capacitor, and fuse shall be labeled to identify the fixture it services . D . Electrical Component Enclosure Fusing To prevent multiple failures , an individual fuse shall be provided for each ballast conductor except neutral conductors . E . Spare Fuses For ease of maintenance , spare fuses and fuse puller will be located in the lowest numbered electrical components enclosure . 1 . 7 INSTALLATION EASE : A . Factory Wired To reduce on -site installation time and costs , all wiring of the lamp sockets , ballasts , capacitors , and fusing shall be done in the factory prior to shipment to the job site . 39 P :\Public Works\ENGINEERING DIVISION PROJECCS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - IO . doc must be flexible to allow a range of privileges such as full scheduling capabilities for all fields , to only having permission to execute " early off' commands by phone . Controller shall accept and store 7 -day schedules , be protected against memory loss during power outages , and shall reboot once power is regained and execute any commands that would have occurred during outage . a . Hours of Usage : Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the owner. i . Cumulative hours : shall be tracked to show the total hours used by the facility ii . Current lamp hours : shall be tracked separately to reflect the amount of hours on the current set of lamps being used , so relamping can be scheduled accurately F . Management Tools : Manufacturer shall provide a web -based database of actual field usage and provide reports by facility and user group . G . Communication Costs : Manufacturer shall include communication costs for operating the controls and monitoring system for a period of 25 years . 1 . 5 PLAYABILITY A . Weight Reduction on Cross Arm To prevent cross arms from sagging resulting in potential fixture misalignment , the ballasts shall be mounted in an electrical component enclosure on the pole separate from the fixture mounting B . Mounting Heights The pole mounting heights shall be minimum 90 ' 1 .6 MAINTENANCE EASE A. Electrical Component Enclosure Location To provide easy access to major electrical components , the electrical component enclosure shall be located approximately 10 feet above grade at the pole foundation . B . Aiming Recapture Device To assure quality of lighting on the field is maintained , light fixtures shall have a positive repositioning device for each luminaire on the assembly . The device shall provide for automatic repositioning of the aiming after relamping . In addition , there shall be a stainless steel bolt and nut to secure the alignment. C . Labeled Assembly For easy identification and reduced maintenance time , each ballast, capacitor, and fuse shall be labeled to identify the fixture it services . D . Electrical Component Enclosure Fusing To prevent multiple failures , an individual fuse shall be provided for each ballast conductor except neutral conductors . E . Spare Fuses For ease of maintenance , spare fuses and fuse puller will be located in the lowest numbered electrical components enclosure . 1 . 7 INSTALLATION EASE : A . Factory Wired To reduce on -site installation time and costs , all wiring of the lamp sockets , ballasts , capacitors , and fusing shall be done in the factory prior to shipment to the job site . 39 P :\Public Works\ENGINEERING DIVISION PROJECCS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - IO . doc B . Factory Aiming To eliminate the need to aim each individual fixture from the top of the pole during installation , all fixtures shall be aimed at the factory to the computer-derived angle . C . Factory Assembly To ensure fast , accurate connections , the pole -top luminaire assembly shall be completely assembled in the factory . The luminaire assembly shall consist of a lamp , lamp socket, reflector , lens , lamp cone , reinforcing retaining ring , adjustable aiming mounting device , steel cross arms , and integral wiring enclosed in a rigid raceway . D . Labeled Assembly To provide easy identification during installation , all components shall be labeled . E . Pole Attachment of Electrical Component Enclosure To provide fast, trouble-free installation , the electrical enclosure shall attach to the pole with a device that is sufficient to align the enclosure and support the weight . This shall be a sealed joint with a non -threaded connection to provide wiring access from the pole to the enclosure for both the primary and secondary circuits . To provide watertight wire access , the connection will be gasketed . All wire passages shall be " burr-free" to prevent wire abrasion damage . F . Landing Lugs in Electrical Box To allow faster, more reliable installation , the breaker in each electrical enclosure shall provide landing lugs for the conductor that provides power to the pole . G . Installation Instructions and Video The manufacturer of the lighting equipment shall provide installation instructions featuring photographs , graphics , and written directions . Videotape or DVD showing an overview of the installation of the system is requested , but not required . H . Universal Cross arm Orientation To make pole alignment easier and more reliable , the pole foundation shall be designed so the pole can be rotated in any direction to allow for universal orientation of the cross arms to the playing field I . Single Shipment Delivery All lighting equipment and poles shall arrive at the job site at the same time . 1 . 8 WARRANTY AND GUARANTEE A . 25 -Year Warranty : Each manufacturer shall supply a signed warranty covering the entire system for 25 years . Warranty shall guarantee light levels ; lamp replacements ; system energy consumption ; monitoring , maintenance and control services , spill light control , and structural integrity . Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term . Warranty may exclude fuses , storm damage , vandalism , abuse and unauthorized repairs or alterations . PART 2 — PRODUCT 2 . 1 LIGHTING SYSTEM CONSTRUCTION A . System Description : Lighting system shall consist of the following : 1 . Galvanized steel poles and crossarm assembly 40 R\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - IO .doc B . Factory Aiming To eliminate the need to aim each individual fixture from the top of the pole during installation , all fixtures shall be aimed at the factory to the computer-derived angle . C . Factory Assembly To ensure fast , accurate connections , the pole -top luminaire assembly shall be completely assembled in the factory . The luminaire assembly shall consist of a lamp , lamp socket, reflector , lens , lamp cone , reinforcing retaining ring , adjustable aiming mounting device , steel cross arms , and integral wiring enclosed in a rigid raceway . D . Labeled Assembly To provide easy identification during installation , all components shall be labeled . E . Pole Attachment of Electrical Component Enclosure To provide fast, trouble-free installation , the electrical enclosure shall attach to the pole with a device that is sufficient to align the enclosure and support the weight . This shall be a sealed joint with a non -threaded connection to provide wiring access from the pole to the enclosure for both the primary and secondary circuits . To provide watertight wire access , the connection will be gasketed . All wire passages shall be " burr-free" to prevent wire abrasion damage . F . Landing Lugs in Electrical Box To allow faster, more reliable installation , the breaker in each electrical enclosure shall provide landing lugs for the conductor that provides power to the pole . G . Installation Instructions and Video The manufacturer of the lighting equipment shall provide installation instructions featuring photographs , graphics , and written directions . Videotape or DVD showing an overview of the installation of the system is requested , but not required . H . Universal Cross arm Orientation To make pole alignment easier and more reliable , the pole foundation shall be designed so the pole can be rotated in any direction to allow for universal orientation of the cross arms to the playing field I . Single Shipment Delivery All lighting equipment and poles shall arrive at the job site at the same time . 1 . 8 WARRANTY AND GUARANTEE A . 25 -Year Warranty : Each manufacturer shall supply a signed warranty covering the entire system for 25 years . Warranty shall guarantee light levels ; lamp replacements ; system energy consumption ; monitoring , maintenance and control services , spill light control , and structural integrity . Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term . Warranty may exclude fuses , storm damage , vandalism , abuse and unauthorized repairs or alterations . PART 2 — PRODUCT 2 . 1 LIGHTING SYSTEM CONSTRUCTION A . System Description : Lighting system shall consist of the following : 1 . Galvanized steel poles and crossarm assembly 40 R\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - IO .doc 2 . Pre-stressed concrete base embedded in concrete backfill allowed to cure for minimum 24 hours before pole stress is applied . Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel portion of the foundation be located a minimum of 18 inches above final grade . Anchor bolt foundation concrete must cure for a minimum of 28 days before the pole stress is applied . Direct burial steel poles unacceptable . 3 . All luminaires shall be constructed with a die-cast aluminum housing or external hail shroud to protect the luminaire reflector system . 4 . Manufacturer will remote all ballasts and supporting electrical equipment in aluminum enclosures or stainless steel mounted approximately 10 ' above grade . The enclosures shall include ballast, capacitor and fusing for each luminaire . Safety disconnect per circuit for each pole structure will be located in the enclosure . 5 . Wire harness complete with an abrasion protection sleeve , strain relief and plug - in connections for fast , trouble-free installation . 6 . Controls and Monitoring Cabinet to provide on -off control and monitoring of the lighting system , constructed of NEMA Type 4 aluminum . Communication method shall be provided by manufacturer. Cabinet shall contain custom configured contactor modules for 30 , 60 , and 100 amps , labeled to match field diagrams and electrical design . Manual Off-On -Auto selector switches shall be provided . B . Durability : 1 . All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion . All exposed carbon steel shall be hot dip galvanized per ASTM A123 . All exposed aluminum shall be powder coated with high performance polyester or anodized . All exterior reflective inserts shall be anodized , coated , and protected from direct environmental exposure to prevent reflective degradation or corrosion . All exposed hardware and fasteners shall be stainless steel of 18-8 grade or better, passivated and coated for protection against corrosion and stress corrosion cracking . All wiring shall be enclosed within the crossarms , pole , or electrical components enclosure . 2 . To ensure added durability the luminaires must pass a 1G , 100 , 000 cycle vibration test in each of two planes . C . Lightning Protection : All structures shall be equipped with lightning protection meeting NFPA 780 standards . Contractor shall install a 20 ' ground rod . Each ballast enclosure and contactor cabinet to include appropriate surge protection . D . Safety : All system components shall be UL Listed for the appropriate application . 2 . 2 STRUCTURAL PARAMETERS A . Support Structure Wind Load Strength : Poles and other support structures , brackets , arms , bases , anchorages and foundations shall be determined based on the 2007 edition of the Florida Building Code , wind speed of 140 , exposure category C and an importance factor of 1 . 0 . Luminaire , visor , and crossarm shall withstand 150 mph winds and maintain luminaire aiming alignment . Foundation design will be based on 2007 FBC , 140 MPH , Exposure C , Standard AASHTO . B . Structural Design : The stress analysis and safety factor of the poles shall conform to AASHTO 2001 ( LTS -4 ) Standard Specifications for Structural Supports for Highway Signs , Luminaires and Traffic Signals . C . Soil Conditions : The design criteria for these specifications are based on soil design parameters as outlined in the geotechnical report . If a geotechnical report is not provided by the owner, the foundation design shall be based on soils that meet or exceed those of a Class 5 material as defined by 2007 FBC , Table 1804 . D . It shall be the contractor' s responsibility to notify the owner if soil conditions exist other than those on which the foundation design is based , or if the soil cannot be readily excavated . Contractor may issue a change order request / estimate for the owner' s approval / payment for additional costs associated with : 1 . Providing engineered foundation embedment design by a registered engineer in the State of Florida 41 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V[3 Sports Village Lighting\Admim\bid documents\l3id Docs V13SV Lighting revised 12- 13 - 10 . doc 2 . Pre-stressed concrete base embedded in concrete backfill allowed to cure for minimum 24 hours before pole stress is applied . Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel portion of the foundation be located a minimum of 18 inches above final grade . Anchor bolt foundation concrete must cure for a minimum of 28 days before the pole stress is applied . Direct burial steel poles unacceptable . 3 . All luminaires shall be constructed with a die-cast aluminum housing or external hail shroud to protect the luminaire reflector system . 4 . Manufacturer will remote all ballasts and supporting electrical equipment in aluminum enclosures or stainless steel mounted approximately 10 ' above grade . The enclosures shall include ballast, capacitor and fusing for each luminaire . Safety disconnect per circuit for each pole structure will be located in the enclosure . 5 . Wire harness complete with an abrasion protection sleeve , strain relief and plug - in connections for fast , trouble-free installation . 6 . Controls and Monitoring Cabinet to provide on -off control and monitoring of the lighting system , constructed of NEMA Type 4 aluminum . Communication method shall be provided by manufacturer. Cabinet shall contain custom configured contactor modules for 30 , 60 , and 100 amps , labeled to match field diagrams and electrical design . Manual Off-On -Auto selector switches shall be provided . B . Durability : 1 . All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion . All exposed carbon steel shall be hot dip galvanized per ASTM A123 . All exposed aluminum shall be powder coated with high performance polyester or anodized . All exterior reflective inserts shall be anodized , coated , and protected from direct environmental exposure to prevent reflective degradation or corrosion . All exposed hardware and fasteners shall be stainless steel of 18-8 grade or better, passivated and coated for protection against corrosion and stress corrosion cracking . All wiring shall be enclosed within the crossarms , pole , or electrical components enclosure . 2 . To ensure added durability the luminaires must pass a 1G , 100 , 000 cycle vibration test in each of two planes . C . Lightning Protection : All structures shall be equipped with lightning protection meeting NFPA 780 standards . Contractor shall install a 20 ' ground rod . Each ballast enclosure and contactor cabinet to include appropriate surge protection . D . Safety : All system components shall be UL Listed for the appropriate application . 2 . 2 STRUCTURAL PARAMETERS A . Support Structure Wind Load Strength : Poles and other support structures , brackets , arms , bases , anchorages and foundations shall be determined based on the 2007 edition of the Florida Building Code , wind speed of 140 , exposure category C and an importance factor of 1 . 0 . Luminaire , visor , and crossarm shall withstand 150 mph winds and maintain luminaire aiming alignment . Foundation design will be based on 2007 FBC , 140 MPH , Exposure C , Standard AASHTO . B . Structural Design : The stress analysis and safety factor of the poles shall conform to AASHTO 2001 ( LTS -4 ) Standard Specifications for Structural Supports for Highway Signs , Luminaires and Traffic Signals . C . Soil Conditions : The design criteria for these specifications are based on soil design parameters as outlined in the geotechnical report . If a geotechnical report is not provided by the owner, the foundation design shall be based on soils that meet or exceed those of a Class 5 material as defined by 2007 FBC , Table 1804 . D . It shall be the contractor' s responsibility to notify the owner if soil conditions exist other than those on which the foundation design is based , or if the soil cannot be readily excavated . Contractor may issue a change order request / estimate for the owner' s approval / payment for additional costs associated with : 1 . Providing engineered foundation embedment design by a registered engineer in the State of Florida 41 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 V[3 Sports Village Lighting\Admim\bid documents\l3id Docs V13SV Lighting revised 12- 13 - 10 . doc 2 . Additional materials required to achieve alternate foundation . 3 . Excavation and removal of materials other than normal soils , such as rock , caliche , etc . E . Foundation Drawings : Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required . The foundation drawings must list the moment, shear ( horizontal ) force , and axial (vertical ) force at ground level for each pole . These drawings must be submitted at time of bid to allow for accurate pricing . PART 3 — QUALITY CONTROL 3 . 1 MATERIALS A . Approved Materials : All materials supplied by the contractor under the provisions of these specifications and plans shall be new materials of the kind and character called for by the specifications . Defective equipment or material damaged in the course of installation or tests shall be replaced or repaired in a manner satisfactory to the owner. All materials and equipment to be furnished under these specifications shall be the standard product of a manufacturer regularly engaged in the production of such material and shall be the manufacturer' s current standard design . B . Alternate Materials : The materials specified have been determined to have characteristics appropriate for the purposes of this project. No bid will be approved which proposes to use a non -approved substitute . Substitutions will not be considered in determining the lowest responsive bid . The owner / engineer reserves the right to reject any or all bids . 3 . 2 FIELD QUALITY CONTROL A. Illumination Measurements : Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner' s Representative , and Manufacturer' s Representative , illumination measurements shall be taken and verified . The illumination measurements shall be conducted in accordance with IESNA RP -6-01 , Appendix B . B . Correcting Non -Conformance : If, in the opinion of the Owner or his appointed Representative , the actual performance levels including footcandles , uniformity ratios , and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information , the Contractor shall be liable to any or all of the following : 1 . Contractor shall at his expense provide and install any necessary additional fixtures to meet the minimum lighting standards. The Contractor shall also either replace the existing poles to meet the new wind load (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional wind load. 2. Contractor shall minimize the Owner's additional long term fixture maintenance and energy consumption costs created by the additional fixtures by reimbursing the Owner the amount of $ 1 , 500. 00 (fifteen hundred dollars) for each additional fixture required. 3. Contractor shall remove the entire unacceptable lighting system and install a new lighting system to meet the specifications. 4 . Due to MiLB ' s yearly audits , contractor shall be responsible for meeting all light levels and uniformities . If specifications are not achieved , manufacturer will be responsible for all said cost : parts , labor, cranes , or any other materials . 42 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - IO.doc 2 . Additional materials required to achieve alternate foundation . 3 . Excavation and removal of materials other than normal soils , such as rock , caliche , etc . E . Foundation Drawings : Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required . The foundation drawings must list the moment, shear ( horizontal ) force , and axial (vertical ) force at ground level for each pole . These drawings must be submitted at time of bid to allow for accurate pricing . PART 3 — QUALITY CONTROL 3 . 1 MATERIALS A . Approved Materials : All materials supplied by the contractor under the provisions of these specifications and plans shall be new materials of the kind and character called for by the specifications . Defective equipment or material damaged in the course of installation or tests shall be replaced or repaired in a manner satisfactory to the owner. All materials and equipment to be furnished under these specifications shall be the standard product of a manufacturer regularly engaged in the production of such material and shall be the manufacturer' s current standard design . B . Alternate Materials : The materials specified have been determined to have characteristics appropriate for the purposes of this project. No bid will be approved which proposes to use a non -approved substitute . Substitutions will not be considered in determining the lowest responsive bid . The owner / engineer reserves the right to reject any or all bids . 3 . 2 FIELD QUALITY CONTROL A. Illumination Measurements : Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner' s Representative , and Manufacturer' s Representative , illumination measurements shall be taken and verified . The illumination measurements shall be conducted in accordance with IESNA RP -6-01 , Appendix B . B . Correcting Non -Conformance : If, in the opinion of the Owner or his appointed Representative , the actual performance levels including footcandles , uniformity ratios , and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information , the Contractor shall be liable to any or all of the following : 1 . Contractor shall at his expense provide and install any necessary additional fixtures to meet the minimum lighting standards. The Contractor shall also either replace the existing poles to meet the new wind load (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional wind load. 2. Contractor shall minimize the Owner's additional long term fixture maintenance and energy consumption costs created by the additional fixtures by reimbursing the Owner the amount of $ 1 , 500. 00 (fifteen hundred dollars) for each additional fixture required. 3. Contractor shall remove the entire unacceptable lighting system and install a new lighting system to meet the specifications. 4 . Due to MiLB ' s yearly audits , contractor shall be responsible for meeting all light levels and uniformities . If specifications are not achieved , manufacturer will be responsible for all said cost : parts , labor, cranes , or any other materials . 42 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - IO.doc PART 4 - EXECUTION 4 . 1 INSTALLATION The entire system is to be installed in accordance with the manufacturer' s written instructions . 4 . 2 Electrical A. System Design 1 . The electrical system equipment shall consist of: a . Conductors and conduit from the main service transformer to the service entrance panel board . b . The service entrance panel board with appropriate individual circuit over- current protection . The panel board shall meet local and National Electrical Code ( NEC ) requirements for the size of the service , AIC rating , and the type of the environment to which it will be exposed . Electrical switchgear housing will be mounted either on a galvanized angle iron , a minimum of W thick , with hardware that is either stainless steel or hot dipped galvanized . All feeder breakers shall be bolt on type . C . Conductors and conduit for the feeder and control circuits from the service entrance panel board to the lighting control contactors . Lighting control contactors , supplied by the sports lighting manufacturer, shall be sized per local codes and the NEC according to the circuit amperage . The contactors shall be rated for lighting applications and shall be housed in a NEMA 4 enclosure . d . Conductors and conduit for the feeder circuit from the service entrance panel board ( or from the contactor panel if applicable ) to the safety disconnect mounted in the electrical enclosure on each lighting pole 10 ' above grade . e . Grounding conductors and grounding methods for the following : 1 . The main service entrance panel board . ( per NEC or local codes ) 2 . The lighting contactor enclosure . ( per NEC or local codes) 3 . Each electrical component enclosure mounted on the lighting poles . ( Equipment Grounding System ) ( per NEC or local codes ) 4 . Lightning Protection for individual poles as follows ( per NFPA 780 ) : a . A 5/8 " x 8 ' copper grounding rod buried vertically in undisturbed earth . The bottom tip of the grounding rod should reach a minimum of 10 ' above grade . b . A copper grounding conductor shall be connected to the top of the copper grounding rod and extend and connect to the grounding lug located inside the handhole of the pole approximately 10 ' above grade . The size of this conductor shall be #2 if the pole is less than 75 ' in height and #2/0 if the pole is 75 ' in height or greater . 2 . Underground wiring shall be all copper wire and shall be installed in PVC Schedule 40 conduit and shall be buried to a depth meeting the NEC and local electrical codes . Acceptable copper wire types need to comply with any local requirements . If above ground conduit must be used , it shall be rigid . Conduit elbows located at the electrical panel should be rigid conduit. B . Trenching or Directional Boring 1 . The installing contractor shall be responsible for locating all public and privately owned underground utilities including , but not limited to , natural gas , electric , water , sewer, cable TV and telephone . Owner will provide drawings which show private utilities as best known . Contractor is responsible for confirming locations as needed to complete projects . 2 . Trenching depth and width shall be adequate to install appropriately sized conduit and to meet local and National Electrical Codes . 3 . Trenches shall be back-filled with excavated soil and compacted to approximately the same density of the surrounding soil to minimize settlement . Trenches will be sodded . 43 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - IO . doc PART 4 - EXECUTION 4 . 1 INSTALLATION The entire system is to be installed in accordance with the manufacturer' s written instructions . 4 . 2 Electrical A. System Design 1 . The electrical system equipment shall consist of: a . Conductors and conduit from the main service transformer to the service entrance panel board . b . The service entrance panel board with appropriate individual circuit over- current protection . The panel board shall meet local and National Electrical Code ( NEC ) requirements for the size of the service , AIC rating , and the type of the environment to which it will be exposed . Electrical switchgear housing will be mounted either on a galvanized angle iron , a minimum of W thick , with hardware that is either stainless steel or hot dipped galvanized . All feeder breakers shall be bolt on type . C . Conductors and conduit for the feeder and control circuits from the service entrance panel board to the lighting control contactors . Lighting control contactors , supplied by the sports lighting manufacturer, shall be sized per local codes and the NEC according to the circuit amperage . The contactors shall be rated for lighting applications and shall be housed in a NEMA 4 enclosure . d . Conductors and conduit for the feeder circuit from the service entrance panel board ( or from the contactor panel if applicable ) to the safety disconnect mounted in the electrical enclosure on each lighting pole 10 ' above grade . e . Grounding conductors and grounding methods for the following : 1 . The main service entrance panel board . ( per NEC or local codes ) 2 . The lighting contactor enclosure . ( per NEC or local codes) 3 . Each electrical component enclosure mounted on the lighting poles . ( Equipment Grounding System ) ( per NEC or local codes ) 4 . Lightning Protection for individual poles as follows ( per NFPA 780 ) : a . A 5/8 " x 8 ' copper grounding rod buried vertically in undisturbed earth . The bottom tip of the grounding rod should reach a minimum of 10 ' above grade . b . A copper grounding conductor shall be connected to the top of the copper grounding rod and extend and connect to the grounding lug located inside the handhole of the pole approximately 10 ' above grade . The size of this conductor shall be #2 if the pole is less than 75 ' in height and #2/0 if the pole is 75 ' in height or greater . 2 . Underground wiring shall be all copper wire and shall be installed in PVC Schedule 40 conduit and shall be buried to a depth meeting the NEC and local electrical codes . Acceptable copper wire types need to comply with any local requirements . If above ground conduit must be used , it shall be rigid . Conduit elbows located at the electrical panel should be rigid conduit. B . Trenching or Directional Boring 1 . The installing contractor shall be responsible for locating all public and privately owned underground utilities including , but not limited to , natural gas , electric , water , sewer, cable TV and telephone . Owner will provide drawings which show private utilities as best known . Contractor is responsible for confirming locations as needed to complete projects . 2 . Trenching depth and width shall be adequate to install appropriately sized conduit and to meet local and National Electrical Codes . 3 . Trenches shall be back-filled with excavated soil and compacted to approximately the same density of the surrounding soil to minimize settlement . Trenches will be sodded . 43 FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - IO . doc 4 . No trench line or feeder circuit shall cross the playing area . C . Design Standards 1 . All circuits shall be designed so as not to exceed a 3 % voltage drop at the safety disconnect in the electrical enclosure near the base of each pole . 2 . All work shall meet local and National Electrical Codes . It shall be the installing contractors' responsibility to correct any work deemed unacceptable by local electrical inspectors . 3 . Each pole shall be on a dedicated circuit . If common poles are to be used , or a pole is to have fixtures on a separate circuit, another dedicated circuit shall be ran to that pole . Consult lighting equipment specifications and lighting manufacturer for special circuitry information . D . Submittal Information The successful contractor shall provide an electrical plan/schematic , detailing all of the equipment described above , as well as proposed location for equipment placement , to the owner prior to commencing work . The following " Submittal Checklist" shall be completed and submitted with the bid . 44 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\13id Docs VQSV Lighting revised 12- 13 - 10 . doc 4 . No trench line or feeder circuit shall cross the playing area . C . Design Standards 1 . All circuits shall be designed so as not to exceed a 3 % voltage drop at the safety disconnect in the electrical enclosure near the base of each pole . 2 . All work shall meet local and National Electrical Codes . It shall be the installing contractors' responsibility to correct any work deemed unacceptable by local electrical inspectors . 3 . Each pole shall be on a dedicated circuit . If common poles are to be used , or a pole is to have fixtures on a separate circuit, another dedicated circuit shall be ran to that pole . Consult lighting equipment specifications and lighting manufacturer for special circuitry information . D . Submittal Information The successful contractor shall provide an electrical plan/schematic , detailing all of the equipment described above , as well as proposed location for equipment placement , to the owner prior to commencing work . The following " Submittal Checklist" shall be completed and submitted with the bid . 44 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 V13 Sports Village Lighting\Admim\bid documents\13id Docs VQSV Lighting revised 12- 13 - 10 . doc SUBMITTAL CHECKLIST Design Submittal Data Checklist and Certification Tab Item Description Listing of all information being submitted must be included on the table of contents . List the name A Checklist of the manufacturer' s local representative and his/her phone number . Signed submittal checklist to be included . B Equipment Drawing (s) showing field layouts with pole locations . Layout Lighting design drawing (s) showing : a . Field Name , date , file number, prepared by , and other pertinent data b . Outline of field (s) being lighted , as well as pole locations referenced to the center of the field (x & y) , or homeplate for baseball/softball fields . Illuminance levels at grid spacing specified C . Pole height , number of fixtures per pole , as well as luminaire information including wattage , On Field lumens and optics C Lighting d . Height of light level test meter above field surface Design e . Summary table showing the number and spacing of grid points ; average , minimum and maximum illuminance levels in foot candles (fc) ; uniformity including maximum to minimum ratio , coefficient of variance and uniformity gradient; number of luminaries , total kilowatts , average tilt factor; light loss factor. f. Alternate manufacturers shall provide both initial and maintained light scans using a maximum 0 . 70 Light Loss Factor to calculate maintained values . Off Field Lighting design drawing showing initial horizontal spill light levels along the boundary line ( 150 Ft) D Lighting in footcandles . Hortizontal levels shall be at 30-foot intervals along the boundary line . Readings Design shall be taken with the meter orientation at horizontal . Photometric Provide photometric report for a typical luminaire used showing candela tabulations as defined by E Report IESNA Publication LM-35-02 . Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 ears experience . Luminaire Document showing each luminaire ' s aiming angle and the poles on which the luminaries are F Aiming mounted . Each aiming point shall identify the type of luminaire . Summary Structural Pole structural calculations and foundation design showing foundation shape , depth backfill G Information requirements , rebar and anchor bolts ( if required) . Pole base reaction forces shall be shown on the foundation drawing along with soil bearing pressures . Design must be stamped by a structural engineer in the state of FL Control & Manufacturer shall provide written definition and schematics for lighting contactor cabinet(s) . OR H Monitoring automated control system to include monitoring . They will also provide examples of system System reporting and access for numbers for personal contact tooperate the system . Performance Provide performance guarantee including a written commitment to undertake all corrections I required to meet the performance requirements noted in these specifications at no expense to the Guarantee owner . Light levels must be guaranteed per specification for 25 years . J Warranty Provide written warranty information including all terms and conditions . Project Manufacturers bidding any form of a constant light system must provide a minimum of five (5) K References project references within the state of Florida that have been completed within the last two (2) calendar years utilizing this exact technology . L Product Complete set of product brochures for all components , including a complete parts list , UL Listings , Information and Manufacturers Certificate of Corrosion Protection . M Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order information . N Non - Manufacturer shall list all items that do not comply with the specifications . If in full compliance , tab Compliance may be omitted . I understand that the information supplied herein shall be used for the purpose of complying with the specifications for Vero Beach Sports Village Sports Lighting . By signing below I agree that all requirements of the specifications have been met and that the manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifications and not listed in the Non- Compliance section . Contractor: Signature : Contact Name : Date : 45 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . doc SUBMITTAL CHECKLIST Design Submittal Data Checklist and Certification Tab Item Description Listing of all information being submitted must be included on the table of contents . List the name A Checklist of the manufacturer' s local representative and his/her phone number . Signed submittal checklist to be included . B Equipment Drawing (s) showing field layouts with pole locations . Layout Lighting design drawing (s) showing : a . Field Name , date , file number, prepared by , and other pertinent data b . Outline of field (s) being lighted , as well as pole locations referenced to the center of the field (x & y) , or homeplate for baseball/softball fields . Illuminance levels at grid spacing specified C . Pole height , number of fixtures per pole , as well as luminaire information including wattage , On Field lumens and optics C Lighting d . Height of light level test meter above field surface Design e . Summary table showing the number and spacing of grid points ; average , minimum and maximum illuminance levels in foot candles (fc) ; uniformity including maximum to minimum ratio , coefficient of variance and uniformity gradient; number of luminaries , total kilowatts , average tilt factor; light loss factor. f. Alternate manufacturers shall provide both initial and maintained light scans using a maximum 0 . 70 Light Loss Factor to calculate maintained values . Off Field Lighting design drawing showing initial horizontal spill light levels along the boundary line ( 150 Ft) D Lighting in footcandles . Hortizontal levels shall be at 30-foot intervals along the boundary line . Readings Design shall be taken with the meter orientation at horizontal . Photometric Provide photometric report for a typical luminaire used showing candela tabulations as defined by E Report IESNA Publication LM-35-02 . Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 ears experience . Luminaire Document showing each luminaire ' s aiming angle and the poles on which the luminaries are F Aiming mounted . Each aiming point shall identify the type of luminaire . Summary Structural Pole structural calculations and foundation design showing foundation shape , depth backfill G Information requirements , rebar and anchor bolts ( if required) . Pole base reaction forces shall be shown on the foundation drawing along with soil bearing pressures . Design must be stamped by a structural engineer in the state of FL Control & Manufacturer shall provide written definition and schematics for lighting contactor cabinet(s) . OR H Monitoring automated control system to include monitoring . They will also provide examples of system System reporting and access for numbers for personal contact tooperate the system . Performance Provide performance guarantee including a written commitment to undertake all corrections I required to meet the performance requirements noted in these specifications at no expense to the Guarantee owner . Light levels must be guaranteed per specification for 25 years . J Warranty Provide written warranty information including all terms and conditions . Project Manufacturers bidding any form of a constant light system must provide a minimum of five (5) K References project references within the state of Florida that have been completed within the last two (2) calendar years utilizing this exact technology . L Product Complete set of product brochures for all components , including a complete parts list , UL Listings , Information and Manufacturers Certificate of Corrosion Protection . M Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order information . N Non - Manufacturer shall list all items that do not comply with the specifications . If in full compliance , tab Compliance may be omitted . I understand that the information supplied herein shall be used for the purpose of complying with the specifications for Vero Beach Sports Village Sports Lighting . By signing below I agree that all requirements of the specifications have been met and that the manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifications and not listed in the Non- Compliance section . Contractor: Signature : Contact Name : Date : 45 F :\Public Works\ENGINEERING DIVISION PROJECTS\ 1042 VB Sports Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised 12- 13 - 10 . doc 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 00700 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 00700 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 00700 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 00700 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 03 Differing Subsurface or Physical Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 04 CONTRACTOR 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 05 OWNER 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 02 Labor; Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 05 Substitutes and "Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 00700 - General Conditions REV 04-07 00700 - 2 C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content .Outlook\U08CAT5B\00700 - General Conditions REV 04-07.doc TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 03 Differing Subsurface or Physical Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 04 CONTRACTOR 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 05 OWNER 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 . 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 02 Labor; Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 05 Substitutes and "Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 00700 - General Conditions REV 04-07 00700 - 2 C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content .Outlook\U08CAT5B\00700 - General Conditions REV 04-07.doc 6 . 08 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 16 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 19 CONTRACTOR 's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE8 - OWNER ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 03 Project Representative . . . . . . . . . . . . mmm - - o . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 05 Authorized Variations in Work . . . . . o . . . . . . . . . . . . . . . . . . . . . . . 0 0 0 - M . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . m . . 0 . . . . 28 9 . 06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . M M M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M M . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . 30 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . M . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . mm . . 0 . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . 30 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 . 01 Cost of the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 . 02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . 34 00700 - General Conditions REV 04-07 00700 - 3 C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07.doc 6 . 08 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 . 16 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 19 CONTRACTOR 's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE8 - OWNER ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 03 Project Representative . . . . . . . . . . . . mmm - - o . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 . 05 Authorized Variations in Work . . . . . o . . . . . . . . . . . . . . . . . . . . . . . 0 0 0 - M . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . m . . 0 . . . . 28 9 . 06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . M M M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M M . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . 30 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . M . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . mm . . 0 . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . 30 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 . 01 Cost of the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 11 . 02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . 34 00700 - General Conditions REV 04-07 00700 - 3 C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07.doc 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 03 Delays Beyond CONTRACTOR 's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 08 Acceptance of Defective Work. . . . . . . . . . . . . . . . . . . . . . 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m m . . . . . . . . . . . . . . . . 37 13 . 09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 00700 - General Conditions REV 04-07 00700 - 4 C\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content.Outlook\UO8CAT5B\00700 - General Conditions REV 04-07 .doc 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 03 Delays Beyond CONTRACTOR 's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 08 Acceptance of Defective Work. . . . . . . . . . . . . . . . . . . . . . 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m m . . . . . . . . . . . . . . . . 37 13 . 09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 08 Final Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 17 . 05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 00700 - General Conditions REV 04-07 00700 - 4 C\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content.Outlook\UO8CAT5B\00700 - General Conditions REV 04-07 .doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times , or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third parry is not a A . Wherever used in the Contract Documents Claim . and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and CONTRACTOR concerning the Work . The Contract 1 . Addenda--Written or graphic instruments supersedes prior negotiations , representations , or issued prior to the opening of Bids which clarify, agreements , whether written or oral . correct, or change the Bidding Requirements or the Contract Documents . 12 . Contract Documents--The Contract Documents establish the rights and obligations of the 2 . Agreement--The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents) , CONTRACTOR ' s CONTRACTOR covering the Work. Bid ( including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award ) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds , these CONTRACTOR during the course of the Work in General Conditions , the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents . with all Written Amendments , Change Orders , Work Change Directives , Field Orders , and ENGINEER' s 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files 5 . Bid--The offer or proposal of a bidder in electronic media format of text , data , graphics , and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents . 6 . Bidding Documents--The Bidding 13 . Contract Price--The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the ( including all Addenda issued prior to receipt of Bids) . Work in accordance with the Contract Documents as stated in the Agreement ( subject to the provisions of 7 . Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work) . Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14 . Contract Times--The number of days or with any supplements . the dates stated in the Agreement to : ( i ) achieve Substantial Completion ; and ( ii ) complete the Work so 8 . Bonds-- Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER ' s written recommendation of final pay- ment. 9 . Change Order--A document recommend - ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR--The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement . revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work--See paragraph 11 . 01 . A Effective Date of the Agreement. for definition . 00700 - General Conditions REV 04-07 00700 - 5 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content .Outlook\UOSCAT5n\00700 - General Conditions REV 04-07.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times , or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third parry is not a A . Wherever used in the Contract Documents Claim . and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and CONTRACTOR concerning the Work . The Contract 1 . Addenda--Written or graphic instruments supersedes prior negotiations , representations , or issued prior to the opening of Bids which clarify, agreements , whether written or oral . correct, or change the Bidding Requirements or the Contract Documents . 12 . Contract Documents--The Contract Documents establish the rights and obligations of the 2 . Agreement--The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents) , CONTRACTOR ' s CONTRACTOR covering the Work. Bid ( including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award ) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds , these CONTRACTOR during the course of the Work in General Conditions , the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents . with all Written Amendments , Change Orders , Work Change Directives , Field Orders , and ENGINEER' s 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files 5 . Bid--The offer or proposal of a bidder in electronic media format of text , data , graphics , and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents . 6 . Bidding Documents--The Bidding 13 . Contract Price--The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the ( including all Addenda issued prior to receipt of Bids) . Work in accordance with the Contract Documents as stated in the Agreement ( subject to the provisions of 7 . Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work) . Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14 . Contract Times--The number of days or with any supplements . the dates stated in the Agreement to : ( i ) achieve Substantial Completion ; and ( ii ) complete the Work so 8 . Bonds-- Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER ' s written recommendation of final pay- ment. 9 . Change Order--A document recommend - ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR--The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement . revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work--See paragraph 11 . 01 . A Effective Date of the Agreement. for definition . 00700 - General Conditions REV 04-07 00700 - 5 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content .Outlook\UOSCAT5n\00700 - General Conditions REV 04-07.doc 17 . Drawings--That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by ENGINEER tion of all the Work . which graphically shows the scope , extent, and character of the Work to be performed by 28 . Notice of Award--The written notice by CONTRACTOR . Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined . bidder with the conditions precedent listed therein , OWNER will sign and deliver the Agreement. 18 . Effective Date of the Agreement--The date indicated in the Agreement on which it becomes 29 . Notice to Proceed--A written notice given effective , but if no such date is indicated , it means the by OWNER to CONTRACTOR fixing the date on date on which the Agreement is signed and delivered which the Contract Times will commence to run and by the last of the two parties to sign and deliver. on which CONTRACTOR shall start to perform the Work under the Contract Documents . 19 . ENGINEER--The individual or entity named as such in the Agreement. 30 . OWNER--The individual , entity , public body , or authority with whom CONTRACTOR has 20GA1r' IAICER 'c Gensultant A i � 1 or entered into the Agreement and for whom the Work is entity having a contract with ENGINEE rnish to be performed . services as ENGINEER ' s in ent professional associate or consul respect to the Project and 31 . Partial Utilization--Use by OWNER of a who is � ied as such in the Supplementary substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work . 21 . Field Order--A written order issued by ENGINEER which requires minor changes in the 32 . PCBs--Polychlorinated biphenyls . Work but which does not involve a change in the Contract Price or the Contract Times . 33 . Petroleum-- Petroleum , including crude oil or any fraction thereof which is liquid at standard 22 . General Requirements--Sections of conditions of temperature and pressure (60 degrees Division 1 of the Specifications . The General Fahrenheit and 14 . 7 pounds per square inch Requirements pertain to all sections of the Specifica- absolute) , such as oil , petroleum , fuel oil , oil sludge , oil tions . refuse , gasoline , kerosene , and oil mixed with other non - Hazardous Waste and crude oils . 23 . Hazardous Environmental Condition--The presence at the Site of Asbestos , PCBs , Petroleum , 34 . Project--The total construction of which Hazardous Waste , or Radioactive Material in such the Work to be performed under the Contract quantities or circumstances that may present a Documents may be the whole , or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents . thereto in connection with the Work . 35 . Project Manual--The bound documentary 24 . Hazardous Waste--The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section Work . A listing of the contents of the Project Manual , 1004 of the Solid Waste Disposal Act (42 USC which may be bound in one or more volumes , is Section 6903) as amended from time to time . contained in the table(s) of contents . 25 . Laws and Regulations; Laws or Regulat- 36 . Radioactive Material--Source , special ions--Any and all applicable laws , rules , regulations , nuclear, or byproduct material as defined by the ordinances , codes , and orders of any and all govern - Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies , agencies , authorities , and courts seq . ) as amended from time to time . having jurisdiction . 37 . Resident Project Representative--The 26 . Liens--Charges , security interests , or authorized representative of ENGINEER who may be encumbrances upon Project funds , real property , or assigned to the Site or any part thereof. personal property . 38 . Samples-- Physical examples of 27 . Milestone--A principal event specified in materials , equipment, or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 00700 - General Conditions REV 04-07 00700 - 6 C'.\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Conlent. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc 17 . Drawings--That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by ENGINEER tion of all the Work . which graphically shows the scope , extent, and character of the Work to be performed by 28 . Notice of Award--The written notice by CONTRACTOR . Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined . bidder with the conditions precedent listed therein , OWNER will sign and deliver the Agreement. 18 . Effective Date of the Agreement--The date indicated in the Agreement on which it becomes 29 . Notice to Proceed--A written notice given effective , but if no such date is indicated , it means the by OWNER to CONTRACTOR fixing the date on date on which the Agreement is signed and delivered which the Contract Times will commence to run and by the last of the two parties to sign and deliver. on which CONTRACTOR shall start to perform the Work under the Contract Documents . 19 . ENGINEER--The individual or entity named as such in the Agreement. 30 . OWNER--The individual , entity , public body , or authority with whom CONTRACTOR has 20GA1r' IAICER 'c Gensultant A i � 1 or entered into the Agreement and for whom the Work is entity having a contract with ENGINEE rnish to be performed . services as ENGINEER ' s in ent professional associate or consul respect to the Project and 31 . Partial Utilization--Use by OWNER of a who is � ied as such in the Supplementary substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work . 21 . Field Order--A written order issued by ENGINEER which requires minor changes in the 32 . PCBs--Polychlorinated biphenyls . Work but which does not involve a change in the Contract Price or the Contract Times . 33 . Petroleum-- Petroleum , including crude oil or any fraction thereof which is liquid at standard 22 . General Requirements--Sections of conditions of temperature and pressure (60 degrees Division 1 of the Specifications . The General Fahrenheit and 14 . 7 pounds per square inch Requirements pertain to all sections of the Specifica- absolute) , such as oil , petroleum , fuel oil , oil sludge , oil tions . refuse , gasoline , kerosene , and oil mixed with other non - Hazardous Waste and crude oils . 23 . Hazardous Environmental Condition--The presence at the Site of Asbestos , PCBs , Petroleum , 34 . Project--The total construction of which Hazardous Waste , or Radioactive Material in such the Work to be performed under the Contract quantities or circumstances that may present a Documents may be the whole , or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents . thereto in connection with the Work . 35 . Project Manual--The bound documentary 24 . Hazardous Waste--The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section Work . A listing of the contents of the Project Manual , 1004 of the Solid Waste Disposal Act (42 USC which may be bound in one or more volumes , is Section 6903) as amended from time to time . contained in the table(s) of contents . 25 . Laws and Regulations; Laws or Regulat- 36 . Radioactive Material--Source , special ions--Any and all applicable laws , rules , regulations , nuclear, or byproduct material as defined by the ordinances , codes , and orders of any and all govern - Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies , agencies , authorities , and courts seq . ) as amended from time to time . having jurisdiction . 37 . Resident Project Representative--The 26 . Liens--Charges , security interests , or authorized representative of ENGINEER who may be encumbrances upon Project funds , real property , or assigned to the Site or any part thereof. personal property . 38 . Samples-- Physical examples of 27 . Milestone--A principal event specified in materials , equipment, or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 00700 - General Conditions REV 04-07 00700 - 6 C'.\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Conlent. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc establish the standards by which such portion of the Work will be judged . 47 . Unit Price Work--Work to be paid for on the basis of unit prices . 39 . Shop Drawings--All drawings , diagrams , illustrations , schedules , and other data or information 48 . Work--The entire completed construction which are specifically prepared or assembled by or for or the various separately identifiable parts thereof re- CONTRACTOR and submitted by CONTRACTOR to quired to be provided under the Contract Documents . illustrate some portion of the Work . Work includes and is the result of performing or providing all labor, services , and documentation 40 . Site-- Lands or areas indicated in the necessary to produce such construction , and Contract Documents as being furnished by OWNER furnishing , installing , and incorporating all materials upon which the Work is to be performed , including and equipment into such construction , all as required rights-of-way and easements for access thereto , and by the Contract Documents . such other lands furnished by OWNER which are designated for the use of CONTRACTOR . 49 . Work Change Directive--A written statement to CONTRACTOR issued on or after the 41 . Specifications--That part of the Contract Effective Date of the Agreement and signed by Documents consisting of written technical descriptions OWNER and recommended by ENGINEER ordering of materials , equipment, systems , standards , and an addition , deletion , or revision in the Work , or workmanship as applied to the Work and certain responding to differing or unforeseen subsurface or administrative details applicable thereto . physical conditions under which the Work is to be performed or to emergencies . A Work Change 42 . Subcontractor--An individual or entity Directive will not change the Contract Price or the having a direct contract with CONTRACTOR or with Contract Times but is evidence that the parties expect any other Subcontractor for the performance of a part that the change ordered or documented by a Work of the Work at the Site . Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by 43 . Substantial Completion--The time at the parties as to its effect, if any , on the Contract Price which the Work (or a specified part thereof) has or Contract Times . progressed to the point where , in the opinion of ENGINEER , the Work ( or a specified part thereof) is 50 . Written Amendment--A written statement sufficiently complete , in accordance with the Contract modifying the Contract Documents , signed by Documents , so that the Work (or a specified part OWNER and CONTRACTOR on or after the Effective thereof) can be utilized for the purposes for which it is Date of the Agreement and normally dealing with the intended . The terms " substantially complete" and nonengineering or nontechnical rather than strictly " substantially completed " as applied to all or part of the construction-related aspects of the Contract Docu - Work refer to Substantial Completion thereof. ments . 44 . Supplementary Conditions--That part of 1 . 02 Terminology the Contract Documents which amends or supplements these General Conditions . A. Intent of Certain Terms or Adjectives 45 . Supplier--A manufacturer, fabricator, 1 . Whenever in the Contract Documents the supplier, distributor, materialman , or vendor having a terms " as allowed , " " as approved , " or terms of like direct contract with CONTRACTOR or with any effect or import are used , or the adjectives Subcontractor to furnish materials or equipment to be " reasonable , " " suitable , " " acceptable , " " proper, " incorporated in the Work by CONTRACTOR or any " satisfactory , " or adjectives of like effect or import Subcontractor. are used to describe an action or determination of ENGINEER as to the Work , it is intended that such 46 . Underground Facilities--All underground action or determination will be solely to evaluate , in pipelines , conduits , ducts , cables , wires , manholes , general , the completed Work for compliance with vaults , tanks , tunnels , or other such facilities or the requirements of and information in the Contract attachments , and any encasements containing such Documents and conformance with the design facilities , including those that convey electricity , gases , concept of the completed Project as a functioning steam , liquid petroleum products , telephone or other whole as shown or indicated in the Contract communications , cable television , water, wastewater, Documents ( unless there is a specific statement storm water, other liquids or chemicals , or traffic or indicating otherwise) . The use of any such term or other control systems . adjective shall not be effective to assign to ENGI - 00700 - General Conditions REV 04-07 00700 - 7 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07.doc establish the standards by which such portion of the Work will be judged . 47 . Unit Price Work--Work to be paid for on the basis of unit prices . 39 . Shop Drawings--All drawings , diagrams , illustrations , schedules , and other data or information 48 . Work--The entire completed construction which are specifically prepared or assembled by or for or the various separately identifiable parts thereof re- CONTRACTOR and submitted by CONTRACTOR to quired to be provided under the Contract Documents . illustrate some portion of the Work . Work includes and is the result of performing or providing all labor, services , and documentation 40 . Site-- Lands or areas indicated in the necessary to produce such construction , and Contract Documents as being furnished by OWNER furnishing , installing , and incorporating all materials upon which the Work is to be performed , including and equipment into such construction , all as required rights-of-way and easements for access thereto , and by the Contract Documents . such other lands furnished by OWNER which are designated for the use of CONTRACTOR . 49 . Work Change Directive--A written statement to CONTRACTOR issued on or after the 41 . Specifications--That part of the Contract Effective Date of the Agreement and signed by Documents consisting of written technical descriptions OWNER and recommended by ENGINEER ordering of materials , equipment, systems , standards , and an addition , deletion , or revision in the Work , or workmanship as applied to the Work and certain responding to differing or unforeseen subsurface or administrative details applicable thereto . physical conditions under which the Work is to be performed or to emergencies . A Work Change 42 . Subcontractor--An individual or entity Directive will not change the Contract Price or the having a direct contract with CONTRACTOR or with Contract Times but is evidence that the parties expect any other Subcontractor for the performance of a part that the change ordered or documented by a Work of the Work at the Site . Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by 43 . Substantial Completion--The time at the parties as to its effect, if any , on the Contract Price which the Work (or a specified part thereof) has or Contract Times . progressed to the point where , in the opinion of ENGINEER , the Work ( or a specified part thereof) is 50 . Written Amendment--A written statement sufficiently complete , in accordance with the Contract modifying the Contract Documents , signed by Documents , so that the Work (or a specified part OWNER and CONTRACTOR on or after the Effective thereof) can be utilized for the purposes for which it is Date of the Agreement and normally dealing with the intended . The terms " substantially complete" and nonengineering or nontechnical rather than strictly " substantially completed " as applied to all or part of the construction-related aspects of the Contract Docu - Work refer to Substantial Completion thereof. ments . 44 . Supplementary Conditions--That part of 1 . 02 Terminology the Contract Documents which amends or supplements these General Conditions . A. Intent of Certain Terms or Adjectives 45 . Supplier--A manufacturer, fabricator, 1 . Whenever in the Contract Documents the supplier, distributor, materialman , or vendor having a terms " as allowed , " " as approved , " or terms of like direct contract with CONTRACTOR or with any effect or import are used , or the adjectives Subcontractor to furnish materials or equipment to be " reasonable , " " suitable , " " acceptable , " " proper, " incorporated in the Work by CONTRACTOR or any " satisfactory , " or adjectives of like effect or import Subcontractor. are used to describe an action or determination of ENGINEER as to the Work , it is intended that such 46 . Underground Facilities--All underground action or determination will be solely to evaluate , in pipelines , conduits , ducts , cables , wires , manholes , general , the completed Work for compliance with vaults , tanks , tunnels , or other such facilities or the requirements of and information in the Contract attachments , and any encasements containing such Documents and conformance with the design facilities , including those that convey electricity , gases , concept of the completed Project as a functioning steam , liquid petroleum products , telephone or other whole as shown or indicated in the Contract communications , cable television , water, wastewater, Documents ( unless there is a specific statement storm water, other liquids or chemicals , or traffic or indicating otherwise) . The use of any such term or other control systems . adjective shall not be effective to assign to ENGI - 00700 - General Conditions REV 04-07 00700 - 7 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07.doc NEER any duty or authority to supervise or direct E . Unless stated otherwise in the Contract Docu - the performance of the Work or any duty or ments , words or phrases which have a well -known authority to undertake responsibility contrary to the technical or construction industry or trade meaning are provisions of paragraph 9 . 10 or any other provision used in the Contract Documents in accordance with of the Contract Documents . such recognized meaning . B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 . The word " day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2 . 01 Delivery of Bonds C . Defective A. When CONTRACTOR delivers the executed Agreements to OWNER , CONTRACTOR shall also 1 . The word " defective , " when modifying deliver to OWNER such Bonds as CONTRACTOR the word "Work , " refers to Work that is may be required to furnish . unsatisfactory , faulty , or deficient in that it does not conform to the Contract Documents or does 2 . 02 Copies of Documents not meet the requirements of any inspection , reference standard , test, or approval referred to A. OWNER shall furnish to CONTRACTOR up in the Contract Documents , or has been to ten copies of the Contract Documents . Additional damaged prior to ENGINEER ' s recom - copies will be furnished upon request at the cost of mendation of final payment ( unless responsi - reproduction . bility for the protection thereof has been assumed by OWNER at Substantial 2 . 03 Commencement of Contract Times; Notice Completion in accordance with paragraph to Proceed 14 . 04 or 14 . 05 ) . A. The Contract Times will commence to run on D . Furnish, Install, Perform, Provide the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given , on the day 1 The— r�'wo,�"furnish " when used in indicated in the Notice to Proceed . A Notice to Pro- sennestien—oath servises—materials , er ceed may be given at any time within 30 days after the equipment, shall Fnean to supply and delive Effective Date of the Agreement. In no event will the said serv* Ges , materials , or equipment to the Contract Times commence to run later than the Site (or some other speGified 1013ation ) ready fo sixtieth day after the day of Bid opening or the thirtieth use or installation and in usable or operable day after the Effective Date of the Agreement, esad'ben . whichever date is earlier. 2 . The—word " install , " when used in 2 . 04 Starting the Work GGnnestion with selviees materials , sr 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 use. to the date on which the Contract Times commence to run . 3 . The words perform or " provide,—" when used in—Qenneetion with 2 . 05 Before Starting Construction materials , er equipment , shall mean te furnish and install said services materials OF A. CONTRACTOR 's Review of Contract Docu- ments: Before undertaking each part of the Work , use . CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent 4 . When "furnish , " " install , " " perform , " or figures therein and all applicable field measurements . " provide" is not used in connection with services , CONTRACTOR shall promptly report in writing to materials , or equipment in a context clearly ENGINEER any conflict, error, ambiguity , or requiring an obligation of CONTRACTOR , discrepancy which CONTRACTOR may discover and " provide" is implied . shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 00700 - General Conditions REV 04-07 00700 - 8 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\COntent. 0utlOOk\U08CAT5B\00700 - General Conditions REV 04-07.doc NEER any duty or authority to supervise or direct E . Unless stated otherwise in the Contract Docu - the performance of the Work or any duty or ments , words or phrases which have a well -known authority to undertake responsibility contrary to the technical or construction industry or trade meaning are provisions of paragraph 9 . 10 or any other provision used in the Contract Documents in accordance with of the Contract Documents . such recognized meaning . B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 . The word " day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2 . 01 Delivery of Bonds C . Defective A. When CONTRACTOR delivers the executed Agreements to OWNER , CONTRACTOR shall also 1 . The word " defective , " when modifying deliver to OWNER such Bonds as CONTRACTOR the word "Work , " refers to Work that is may be required to furnish . unsatisfactory , faulty , or deficient in that it does not conform to the Contract Documents or does 2 . 02 Copies of Documents not meet the requirements of any inspection , reference standard , test, or approval referred to A. OWNER shall furnish to CONTRACTOR up in the Contract Documents , or has been to ten copies of the Contract Documents . Additional damaged prior to ENGINEER ' s recom - copies will be furnished upon request at the cost of mendation of final payment ( unless responsi - reproduction . bility for the protection thereof has been assumed by OWNER at Substantial 2 . 03 Commencement of Contract Times; Notice Completion in accordance with paragraph to Proceed 14 . 04 or 14 . 05 ) . A. The Contract Times will commence to run on D . Furnish, Install, Perform, Provide the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given , on the day 1 The— r�'wo,�"furnish " when used in indicated in the Notice to Proceed . A Notice to Pro- sennestien—oath servises—materials , er ceed may be given at any time within 30 days after the equipment, shall Fnean to supply and delive Effective Date of the Agreement. In no event will the said serv* Ges , materials , or equipment to the Contract Times commence to run later than the Site (or some other speGified 1013ation ) ready fo sixtieth day after the day of Bid opening or the thirtieth use or installation and in usable or operable day after the Effective Date of the Agreement, esad'ben . whichever date is earlier. 2 . The—word " install , " when used in 2 . 04 Starting the Work GGnnestion with selviees materials , sr 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 use. to the date on which the Contract Times commence to run . 3 . The words perform or " provide,—" when used in—Qenneetion with 2 . 05 Before Starting Construction materials , er equipment , shall mean te furnish and install said services materials OF A. CONTRACTOR 's Review of Contract Docu- ments: Before undertaking each part of the Work , use . CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent 4 . When "furnish , " " install , " " perform , " or figures therein and all applicable field measurements . " provide" is not used in connection with services , CONTRACTOR shall promptly report in writing to materials , or equipment in a context clearly ENGINEER any conflict, error, ambiguity , or requiring an obligation of CONTRACTOR , discrepancy which CONTRACTOR may discover and " provide" is implied . shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 00700 - General Conditions REV 04-07 00700 - 8 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\COntent. 0utlOOk\U08CAT5B\00700 - General Conditions REV 04-07.doc thereby ; however, CONTRACTOR shall not be liable 2 . 07 Initial Acceptance of Schedules to OWNER or ENGINEER for failure to report any conflict , error, ambiguity , or discrepancy in the A. Unless otherwise provided in the Contract Contract Documents unless CONTRACTOR knew or Documents , at least ten days before submission of the reasonably should have known thereof. first Application for Payment a conference attended by CONTRACTOR , ENGINEER , and others as appropri - B . Preliminary Schedules: Within ten days after ate will be held to review for acceptability to ENGI - the Effective Date of the Agreement ( unless otherwise NEER as provided below the schedules submitted in specified in the General Requirements) , CONTRAC- accordance with paragraph 2 . 05 . 13 . CONTRACTOR TOR shall submit to ENGINEER for its timely review: shall have an additional ten days to make corrections and adjustments and to complete and resubmit the 1 . a preliminary progress schedule schedules . No progress payment shall be made to indicating the times ( numbers of days or dates) CONTRACTOR until acceptable schedules are for starting and completing the various stages submitted to ENGINEER . of the Work , including any Milestones specified in the Contract Documents ; 1 . The progress schedule will be acceptable to ENGINEER if it provides an 2 . a preliminary schedule of Shop orderly progression of the Work to completion Drawing and Sample submittals which will list within any specified Milestones and the each required submittal and the times for sub- Contract Times . Such acceptance will not mitting , reviewing , and processing such impose on ENGINEER responsibility for the submittal ; and progress schedule , for sequencing , scheduling , or progress of the Work nor interfere with or 3 . a preliminary schedule of values for relieve CONTRACTOR from CONTRACTOR ' s all of the Work which includes quantities and full responsibility therefor. prices of items which when added together equal the Contract Price and subdivides the 2 . CONTRACTOR ' s schedule of Shop Work into component parts in sufficient detail to Drawing and Sample submittals will be serve as the basis for progress payments acceptable to ENGINEER if it provides a during performance of the Work . Such prices workable arrangement for reviewing and will include an appropriate amount of overhead processing the required submittals . and profit applicable to each item of Work . 3 . CONTRACTOR ' s schedule of values Go &4l of inSUFanl Before an will be acceptable to ENGINEER as to form the Site is started , CONTRACTOR and OWNE all and substance if it provides a reasonable each deliver to the other, with copi o each allocation of the Contract Price to component additional insured identified in t upplementary parts of the Work . Conditions , certificates of urance (and other evidence of insurance jch either of them or any ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , additional insur may reasonably request) which AMENDING , REUSE CONTRA and OWNER respectively are 3 . 01 Intent 2 . 06 Preconstruction Conference A. The Contract Documents are comple- mentary ; what is called for by one is as binding as if called for by all . to run , but before any Work at the Site i arted , a g It is the intent of the Contract Documents to conference attended by CONTRACT ENGINEER , and others as appropriate wil held to establish a describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract working uRd l the parties as to the Work and to disc a schedules referred to in para- Documents . Any labor, docum entation , services , graph 2 . 05 . rocedures for handling Shop Drawings materials , or equipment that may reasonably be and er submittals , processing Applications for inferred from the Contract Documents or from prevailing custom or trade usage as being required to 17 no , produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER . 00700 - General Conditions REV 04-07 00700 - 9 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc thereby ; however, CONTRACTOR shall not be liable 2 . 07 Initial Acceptance of Schedules to OWNER or ENGINEER for failure to report any conflict , error, ambiguity , or discrepancy in the A. Unless otherwise provided in the Contract Contract Documents unless CONTRACTOR knew or Documents , at least ten days before submission of the reasonably should have known thereof. first Application for Payment a conference attended by CONTRACTOR , ENGINEER , and others as appropri - B . Preliminary Schedules: Within ten days after ate will be held to review for acceptability to ENGI - the Effective Date of the Agreement ( unless otherwise NEER as provided below the schedules submitted in specified in the General Requirements) , CONTRAC- accordance with paragraph 2 . 05 . 13 . CONTRACTOR TOR shall submit to ENGINEER for its timely review: shall have an additional ten days to make corrections and adjustments and to complete and resubmit the 1 . a preliminary progress schedule schedules . No progress payment shall be made to indicating the times ( numbers of days or dates) CONTRACTOR until acceptable schedules are for starting and completing the various stages submitted to ENGINEER . of the Work , including any Milestones specified in the Contract Documents ; 1 . The progress schedule will be acceptable to ENGINEER if it provides an 2 . a preliminary schedule of Shop orderly progression of the Work to completion Drawing and Sample submittals which will list within any specified Milestones and the each required submittal and the times for sub- Contract Times . Such acceptance will not mitting , reviewing , and processing such impose on ENGINEER responsibility for the submittal ; and progress schedule , for sequencing , scheduling , or progress of the Work nor interfere with or 3 . a preliminary schedule of values for relieve CONTRACTOR from CONTRACTOR ' s all of the Work which includes quantities and full responsibility therefor. prices of items which when added together equal the Contract Price and subdivides the 2 . CONTRACTOR ' s schedule of Shop Work into component parts in sufficient detail to Drawing and Sample submittals will be serve as the basis for progress payments acceptable to ENGINEER if it provides a during performance of the Work . Such prices workable arrangement for reviewing and will include an appropriate amount of overhead processing the required submittals . and profit applicable to each item of Work . 3 . CONTRACTOR ' s schedule of values Go &4l of inSUFanl Before an will be acceptable to ENGINEER as to form the Site is started , CONTRACTOR and OWNE all and substance if it provides a reasonable each deliver to the other, with copi o each allocation of the Contract Price to component additional insured identified in t upplementary parts of the Work . Conditions , certificates of urance (and other evidence of insurance jch either of them or any ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , additional insur may reasonably request) which AMENDING , REUSE CONTRA and OWNER respectively are 3 . 01 Intent 2 . 06 Preconstruction Conference A. The Contract Documents are comple- mentary ; what is called for by one is as binding as if called for by all . to run , but before any Work at the Site i arted , a g It is the intent of the Contract Documents to conference attended by CONTRACT ENGINEER , and others as appropriate wil held to establish a describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract working uRd l the parties as to the Work and to disc a schedules referred to in para- Documents . Any labor, docum entation , services , graph 2 . 05 . rocedures for handling Shop Drawings materials , or equipment that may reasonably be and er submittals , processing Applications for inferred from the Contract Documents or from prevailing custom or trade usage as being required to 17 no , produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER . 00700 - General Conditions REV 04-07 00700 - 9 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc shall not be liable to OWNER or ENGINEER for C . Clarifications and interpretations of the failure to report any such conflict, error, Contract Documents shall be issued by ENGINEER ambiguity , or discrepancy unless CON - as provided in Article 9 . TRACTOR knew or reasonably should have known thereof. 3 . 02 Reference Standards B . Resolving Discrepancies A . Standards, Specifications, Codes, Laws, and Regulations 1 . Except as may be otherwise specifically stated in the Contract Documents , 1 . Reference to standards , specifica- the provisions of the Contract Documents shall tions , manuals , or codes of any technical take precedence in resolving any conflict, error, society , organization , or association , or to Laws ambiguity , or discrepancy between the or Regulations , whether such reference be provisions of the Contract Documents and : specific or by implication , shall mean the stan - dard , specification , manual , code , or Laws or a . the provisions of any standard , Regulations in effect at the time of opening of specification , manual , code , or instruction Bids (or on the Effective Date of the Agreement (whether or not specifically incorporated by if there were no Bids ) , except as may be reference in the Contract Documents ) ; or otherwise specifically stated in the Contract Documents . b . the provisions of any Laws or Regulations applicable to the performance 2 . No provision of any such standard , of the Work ( unless such an interpretation of specification , manual or code , or any instruction the provisions of the Contract Documents of a Supplier shall be effective to change the would result in violation of such Law or duties or responsibilities of OWNER , Regulation ) . CONTRACTOR , or ENGINEER , or any of their subcontractors , consultants , agents , or employ- 3 . 04 Amending and Supplementing Contract ees from those set forth in the Contract Documents Documents , nor shall any such provision or instruction be effective to assign to OWNER , A . The Contract Documents may be amended to ENGINEER , or any of ENGINEER' s provide for additions , deletions , and revisions in the Consultants , agents , or employees any duty or Work or to modify the terms and conditions thereof in authority to supervise or direct the performance one or more of the following ways : ( i ) a Written of the Work or any duty or authority to Amendment; ( ii ) a Change Order; or ( iii ) a Work undertake responsibility inconsistent with the Change Directive . provisions of the Contract Documents . B . The requirements of the Contract Documents 3 . 03 Reporting and Resolving Discrepancies may be supplemented , and minor variations and deviations in the Work may be authorized , by one or A. Reporting Discrepancies more of the following ways : ( i ) a Field Order; ( ii ) ENGINEER' s approval of a Shop Drawing or Sample ; 1 . If, during the performance of the or ( iii ) ENGINEER Is written interpretation or clarifi - Work , CONTRACTOR discovers any conflict, cation . error, ambiguity , or discrepancy within the Con - tract Documents or between the Contract 3 . 05 Reuse of Documents Documents and any provision of any Law or Regulation applicable to the performance of the A. CONTRACTOR and any Subcontractor or Work or of any standard , specification , manual Supplier or other individual or entity performing or or code , or of any instruction of any Supplier, furnishing any of the Work under a direct or indirect CONTRACTOR shall report it to ENGINEER in contract with OWNER : ( i ) shall not have or acquire writing at once . CONTRACTOR shall not any title to or ownership rights in any of the Drawings , proceed with the Work affected thereby (except Specifications , or other documents ( or copies of any in an emergency as required by paragraph thereof) prepared by or bearing the seal of 6 . 16 . A) until an amendment or supplement to ENGINEER or ENGINEER' s Consultant, including the Contract Documents has been issued by electronic media editions ; and ( ii ) shall not reuse any one of the methods indicated in paragraph of such Drawings , Specifications , other documents , or 3 . 04 ; provided , however, that CONTRACTOR copies thereof on extensions of the Project or any 00700 - General Conditions REV 04-07 00700 - 10 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07. doc shall not be liable to OWNER or ENGINEER for C . Clarifications and interpretations of the failure to report any such conflict, error, Contract Documents shall be issued by ENGINEER ambiguity , or discrepancy unless CON - as provided in Article 9 . TRACTOR knew or reasonably should have known thereof. 3 . 02 Reference Standards B . Resolving Discrepancies A . Standards, Specifications, Codes, Laws, and Regulations 1 . Except as may be otherwise specifically stated in the Contract Documents , 1 . Reference to standards , specifica- the provisions of the Contract Documents shall tions , manuals , or codes of any technical take precedence in resolving any conflict, error, society , organization , or association , or to Laws ambiguity , or discrepancy between the or Regulations , whether such reference be provisions of the Contract Documents and : specific or by implication , shall mean the stan - dard , specification , manual , code , or Laws or a . the provisions of any standard , Regulations in effect at the time of opening of specification , manual , code , or instruction Bids (or on the Effective Date of the Agreement (whether or not specifically incorporated by if there were no Bids ) , except as may be reference in the Contract Documents ) ; or otherwise specifically stated in the Contract Documents . b . the provisions of any Laws or Regulations applicable to the performance 2 . No provision of any such standard , of the Work ( unless such an interpretation of specification , manual or code , or any instruction the provisions of the Contract Documents of a Supplier shall be effective to change the would result in violation of such Law or duties or responsibilities of OWNER , Regulation ) . CONTRACTOR , or ENGINEER , or any of their subcontractors , consultants , agents , or employ- 3 . 04 Amending and Supplementing Contract ees from those set forth in the Contract Documents Documents , nor shall any such provision or instruction be effective to assign to OWNER , A . The Contract Documents may be amended to ENGINEER , or any of ENGINEER' s provide for additions , deletions , and revisions in the Consultants , agents , or employees any duty or Work or to modify the terms and conditions thereof in authority to supervise or direct the performance one or more of the following ways : ( i ) a Written of the Work or any duty or authority to Amendment; ( ii ) a Change Order; or ( iii ) a Work undertake responsibility inconsistent with the Change Directive . provisions of the Contract Documents . B . The requirements of the Contract Documents 3 . 03 Reporting and Resolving Discrepancies may be supplemented , and minor variations and deviations in the Work may be authorized , by one or A. Reporting Discrepancies more of the following ways : ( i ) a Field Order; ( ii ) ENGINEER' s approval of a Shop Drawing or Sample ; 1 . If, during the performance of the or ( iii ) ENGINEER Is written interpretation or clarifi - Work , CONTRACTOR discovers any conflict, cation . error, ambiguity , or discrepancy within the Con - tract Documents or between the Contract 3 . 05 Reuse of Documents Documents and any provision of any Law or Regulation applicable to the performance of the A. CONTRACTOR and any Subcontractor or Work or of any standard , specification , manual Supplier or other individual or entity performing or or code , or of any instruction of any Supplier, furnishing any of the Work under a direct or indirect CONTRACTOR shall report it to ENGINEER in contract with OWNER : ( i ) shall not have or acquire writing at once . CONTRACTOR shall not any title to or ownership rights in any of the Drawings , proceed with the Work affected thereby (except Specifications , or other documents ( or copies of any in an emergency as required by paragraph thereof) prepared by or bearing the seal of 6 . 16 . A) until an amendment or supplement to ENGINEER or ENGINEER' s Consultant, including the Contract Documents has been issued by electronic media editions ; and ( ii ) shall not reuse any one of the methods indicated in paragraph of such Drawings , Specifications , other documents , or 3 . 04 ; provided , however, that CONTRACTOR copies thereof on extensions of the Project or any 00700 - General Conditions REV 04-07 00700 - 10 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07. doc other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER . This prohibition will survive NEER has used On preparing the G final payment , completion , and acceptance of the DISIGU n Work , or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes . reports and drawings are ROt GGRtra ARTICLE 4 - AVAILABILITY OF LANDS ; SUGh "teGhniGaI data IN SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS " teGhniGal r " GQNTR.4r% -rr�% 0 oe,NM rely upon or C: 0 JEJ make any Glairn agaiRSt GGI % I o,"-arrY of ENGINEER ' s Gonsulta . 4 . 01 Availability of Lands A. OWNER shall furnish the Site . OWNER shall , notify CONTRACTOR of any encumbrances or +asl restrictions not of general application but specifically to related to use of the Site with which CONTRACTOR must comply in performing the Work . OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities . If CONTRACTOR and OWNER are ata nterpFetatmens , opiniens , unable to agree on entitlement to or on the amount or extent, if any , of any adjustment in the Contract Price or Contract Times , or both , as a result of any delay in OWNER' s furnishing the Site , CONTRACTOR may aRV CONTRACTOR interpretation c) make a Claim therefor as provided in paragraph drawn frem aRy "teGhniGal 10 . 05 . B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and A. AJ.0tiGe.- if CONTRACTOR believes that a .,, OWNER' s interest therein as necessary for giving notice of or filing a mechanic's or construction lien the Site that ; s :.' . Revered or revealed either_ against such lands in accordance with applicable Laws and Regulations . 1 . na-tu-ir as that any "tehni " r on 1- C . CONTRACTOR shall provide for all additional TO R ffis entitled tG rely as MCI IPA M lands and access thereto that may be required for - temporary construction facilities or storage of materials and equipment. 2m is of s A ;"� ar^ t7+^ rinII% t '1.41111 1 I� Ily that shown Gr Rep and DFawing&m The Supple. . - - +ndisated ens;er Conditions-ideati€y- tests of subsuFfaGe GO iLIWAS ;at OF GGRtigUGUS and generally reGOgnized as inher to the Site th ;;t = INFF= R has used On f the. G. h .aFaG.ter provided foF an the. :r+k C � —dfc those aw� of physi th CONTRACTOR sha , promptly after beGE) Ming 00700 - General Conditions REV 04-07 00700 - 11 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content . Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER . This prohibition will survive NEER has used On preparing the G final payment , completion , and acceptance of the DISIGU n Work , or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes . reports and drawings are ROt GGRtra ARTICLE 4 - AVAILABILITY OF LANDS ; SUGh "teGhniGaI data IN SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS " teGhniGal r " GQNTR.4r% -rr�% 0 oe,NM rely upon or C: 0 JEJ make any Glairn agaiRSt GGI % I o,"-arrY of ENGINEER ' s Gonsulta . 4 . 01 Availability of Lands A. OWNER shall furnish the Site . OWNER shall , notify CONTRACTOR of any encumbrances or +asl restrictions not of general application but specifically to related to use of the Site with which CONTRACTOR must comply in performing the Work . OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities . If CONTRACTOR and OWNER are ata nterpFetatmens , opiniens , unable to agree on entitlement to or on the amount or extent, if any , of any adjustment in the Contract Price or Contract Times , or both , as a result of any delay in OWNER' s furnishing the Site , CONTRACTOR may aRV CONTRACTOR interpretation c) make a Claim therefor as provided in paragraph drawn frem aRy "teGhniGal 10 . 05 . B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and A. AJ.0tiGe.- if CONTRACTOR believes that a .,, OWNER' s interest therein as necessary for giving notice of or filing a mechanic's or construction lien the Site that ; s :.' . Revered or revealed either_ against such lands in accordance with applicable Laws and Regulations . 1 . na-tu-ir as that any "tehni " r on 1- C . CONTRACTOR shall provide for all additional TO R ffis entitled tG rely as MCI IPA M lands and access thereto that may be required for - temporary construction facilities or storage of materials and equipment. 2m is of s A ;"� ar^ t7+^ rinII% t '1.41111 1 I� Ily that shown Gr Rep and DFawing&m The Supple. . - - +ndisated ens;er Conditions-ideati€y- tests of subsuFfaGe GO iLIWAS ;at OF GGRtigUGUS and generally reGOgnized as inher to the Site th ;;t = INFF= R has used On f the. G. h .aFaG.ter provided foF an the. :r+k C � —dfc those aw� of physi th CONTRACTOR sha , promptly after beGE) Ming 00700 - General Conditions REV 04-07 00700 - 11 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content . Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc failed to n 'vc the il � nGtlGe � � � +--vRcr'rTii �e a "--and a-.sreparagraph , OWNER nd R shall net further d ' StUFb SUGh R and CONTRACTOR are resaid ) unto ! reGeipt of written order to do arnount oF ex I a. ,n!,,f adjustment in SG_ for as provided ' Rpara raph r • r by paragraph 4 . 03 . A, ENGINEEIR ENGINEER , and s Consultant f CANNER ' s obtaining additional r r r damages ( induding gs and cetnslus+ensprofessionals and all GE) " OR on e .4.G.e and Ames Adjustments CONTRACT mr � M he tPrlGe-er the Gontrast 4 . 04 Underground Facilities Gendition Gauses an in A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or mer • n, -opo t,t,�llow' n contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities , including mere of hdeSGribed-in parr OWNER , or by others . Unless it is otherwise 0 expressly provided in the Supplementary Conditions : �Afe. .Fk that as- paid fG 1 . OWNER and ENGINEER shall not on a- yit Rris , any adjustment-in be responsible for the accuracy or com - Gentraoi —PriG wil ' be s bjeG+ tG the. pleteness of any such information or data , and prtav+s+sl�s of papahs 9 . 08and 11 . 03 2 . the cost of all of the following will be R shall nat be entitled included in the Contract Price , and CONTRAC - TOR shall have full responsibility for: C, Gntrast -Tinnes if a . reviewing and checking all such a . CONTRA information and data , ex ' stenGe Of SUGh me #+nal-GGmmr CONTRAotmen b . locating all Underground Facilities to OWNER rocnon+ ofontFaGt PFiGend shown or indicated in the Contract -laid Documents , G beserx�fag- beE+nr a negotiated sentraGt er c . coordination of the Work with the owners of such Underground Facilities , b . the exestenGe including OWNER , during construction , and reasGnably have revealed as a rest rl+ nF d . the safety and protection of all such yr v Underground Facilities and repairing any the Site and Gontigm damage thereto resulting from the Work. the Bidding B . Not Shown or Indicated TRACTOR prier to 1 . If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions REV 04-07 00700 - 12 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UOSCAT58\00700 - General Conditions REV 04-07. doc failed to n 'vc the il � nGtlGe � � � +--vRcr'rTii �e a "--and a-.sreparagraph , OWNER nd R shall net further d ' StUFb SUGh R and CONTRACTOR are resaid ) unto ! reGeipt of written order to do arnount oF ex I a. ,n!,,f adjustment in SG_ for as provided ' Rpara raph r • r by paragraph 4 . 03 . A, ENGINEEIR ENGINEER , and s Consultant f CANNER ' s obtaining additional r r r damages ( induding gs and cetnslus+ensprofessionals and all GE) " OR on e .4.G.e and Ames Adjustments CONTRACT mr � M he tPrlGe-er the Gontrast 4 . 04 Underground Facilities Gendition Gauses an in A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or mer • n, -opo t,t,�llow' n contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities , including mere of hdeSGribed-in parr OWNER , or by others . Unless it is otherwise 0 expressly provided in the Supplementary Conditions : �Afe. .Fk that as- paid fG 1 . OWNER and ENGINEER shall not on a- yit Rris , any adjustment-in be responsible for the accuracy or com - Gentraoi —PriG wil ' be s bjeG+ tG the. pleteness of any such information or data , and prtav+s+sl�s of papahs 9 . 08and 11 . 03 2 . the cost of all of the following will be R shall nat be entitled included in the Contract Price , and CONTRAC - TOR shall have full responsibility for: C, Gntrast -Tinnes if a . reviewing and checking all such a . CONTRA information and data , ex ' stenGe Of SUGh me #+nal-GGmmr CONTRAotmen b . locating all Underground Facilities to OWNER rocnon+ ofontFaGt PFiGend shown or indicated in the Contract -laid Documents , G beserx�fag- beE+nr a negotiated sentraGt er c . coordination of the Work with the owners of such Underground Facilities , b . the exestenGe including OWNER , during construction , and reasGnably have revealed as a rest rl+ nF d . the safety and protection of all such yr v Underground Facilities and repairing any the Site and Gontigm damage thereto resulting from the Work. the Bidding B . Not Shown or Indicated TRACTOR prier to 1 . If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions REV 04-07 00700 - 12 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UOSCAT58\00700 - General Conditions REV 04-07. doc Site which was not shown or indicated , or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel . the Contract Documents , CONTRACTOR shall , promptly after becoming aware thereof and 4 . 06 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A. Reports and Drawings: Reference is made to therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6 . 16 . A) , identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site , if any , notice to that owner and to OWNER and ENGI - that have been utilized by the ENGINEER in the NEER . ENGINEER will promptly review the preparation of the Contract Documents . Underground Facility and determine the extent, if any , to which a change is required in the B . Limited Reliance by CONTRACTOR on Contract Documents to reflect and document Technical Data Authorized: CONTRACTOR may rely the consequences of the existence or location upon the general accuracy of the " technical data" of the Underground Facility . During such time , contained in such reports and drawings , but such CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents . safety and protection of such Underground Such " technical data" is identified in the Facility . Supplementary Conditions . Except for such reliance on such " technical data , " CONTRACTOR may not rely 2 . If ENGINEER concludes that a upon or make any Claim against OWNER , change in the Contract Documents is required , ENGINEER or any of ENGINEER' s Consultants with a Work Change Directive or a Change Order respect to : will be issued to reflect and document such consequences . An equitable adjustment shall 1 . the completeness of such reports be made in the Contract Price or Contract and drawings for CONTRACTOR ' s purposes , Times , or both , to the extent that they are including , but not limited to , any aspects of the attributable to the existence or location of any means , methods , techniques , sequences and Underground Facility that was not shown or procedures of construction to be employed by indicated or not shown or indicated with CONTRACTOR and safety precautions and reasonable accuracy in the Contract programs incident thereto ; or Documents and that CONTRACTOR did not know of and could not reasonably have been 2 . other data , interpretations , opinions expected to be aware of or to have anticipated . and information contained in such reports or If OWNER and CONTRACTOR are unable to shown or indicated in such drawings ; or agree on entitlement to or on the amount or extent, if any , of any such adjustment in 3 . any CONTRACTOR interpretation of Contract Price or Contract Times , OWNER or or conclusion drawn from any " technical data" CONTRACTOR may make a Claim therefor as or any such other data , interpretations , opinions provided in paragraph 10 . 05 . or information . 4 . 05 Reference Points C . CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or A. OWNER shall provide engineering surveys to revealed at the Site which was not shown or indicated establish reference points for construction which in in Drawings or Specifications or identified in the ENGINEER' s judgment are necessary to enable Contract Documents to be within the scope of the CONTRACTOR to proceed with the Work. CON - Work . CONTRACTOR shall be responsible for a TRACTOR shall be responsible for laying out the Hazardous Environmental Condition created with any Work , shall protect and preserve the established materials brought to the Site by CONTRACTOR , reference points and property monuments , and shall Subcontractors , Suppliers , or anyone else for whom make no changes or relocations without the prior CONTRACTOR is responsible . written approval of OWNER . CONTRACTOR shall report to ENGINEER whenever any reference point or D . If CONTRACTOR encounters a Hazardous property monument is lost or destroyed or requires Environmental Condition or if CONTRACTOR or relocation because of necessary changes in grades or anyone for whom CONTRACTOR is responsible locations , and shall be responsible for the accurate creates a Hazardous Environmental Condition , replacement or relocation of such reference points or CONTRACTOR shall immediately : ( i ) secure or otherwise isolate such condition ; ( ii) stop all Work in 00700 - General Conditions REV 04-07 00700 - 13 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc Site which was not shown or indicated , or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel . the Contract Documents , CONTRACTOR shall , promptly after becoming aware thereof and 4 . 06 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A. Reports and Drawings: Reference is made to therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6 . 16 . A) , identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site , if any , notice to that owner and to OWNER and ENGI - that have been utilized by the ENGINEER in the NEER . ENGINEER will promptly review the preparation of the Contract Documents . Underground Facility and determine the extent, if any , to which a change is required in the B . Limited Reliance by CONTRACTOR on Contract Documents to reflect and document Technical Data Authorized: CONTRACTOR may rely the consequences of the existence or location upon the general accuracy of the " technical data" of the Underground Facility . During such time , contained in such reports and drawings , but such CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents . safety and protection of such Underground Such " technical data" is identified in the Facility . Supplementary Conditions . Except for such reliance on such " technical data , " CONTRACTOR may not rely 2 . If ENGINEER concludes that a upon or make any Claim against OWNER , change in the Contract Documents is required , ENGINEER or any of ENGINEER' s Consultants with a Work Change Directive or a Change Order respect to : will be issued to reflect and document such consequences . An equitable adjustment shall 1 . the completeness of such reports be made in the Contract Price or Contract and drawings for CONTRACTOR ' s purposes , Times , or both , to the extent that they are including , but not limited to , any aspects of the attributable to the existence or location of any means , methods , techniques , sequences and Underground Facility that was not shown or procedures of construction to be employed by indicated or not shown or indicated with CONTRACTOR and safety precautions and reasonable accuracy in the Contract programs incident thereto ; or Documents and that CONTRACTOR did not know of and could not reasonably have been 2 . other data , interpretations , opinions expected to be aware of or to have anticipated . and information contained in such reports or If OWNER and CONTRACTOR are unable to shown or indicated in such drawings ; or agree on entitlement to or on the amount or extent, if any , of any such adjustment in 3 . any CONTRACTOR interpretation of Contract Price or Contract Times , OWNER or or conclusion drawn from any " technical data" CONTRACTOR may make a Claim therefor as or any such other data , interpretations , opinions provided in paragraph 10 . 05 . or information . 4 . 05 Reference Points C . CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or A. OWNER shall provide engineering surveys to revealed at the Site which was not shown or indicated establish reference points for construction which in in Drawings or Specifications or identified in the ENGINEER' s judgment are necessary to enable Contract Documents to be within the scope of the CONTRACTOR to proceed with the Work. CON - Work . CONTRACTOR shall be responsible for a TRACTOR shall be responsible for laying out the Hazardous Environmental Condition created with any Work , shall protect and preserve the established materials brought to the Site by CONTRACTOR , reference points and property monuments , and shall Subcontractors , Suppliers , or anyone else for whom make no changes or relocations without the prior CONTRACTOR is responsible . written approval of OWNER . CONTRACTOR shall report to ENGINEER whenever any reference point or D . If CONTRACTOR encounters a Hazardous property monument is lost or destroyed or requires Environmental Condition or if CONTRACTOR or relocation because of necessary changes in grades or anyone for whom CONTRACTOR is responsible locations , and shall be responsible for the accurate creates a Hazardous Environmental Condition , replacement or relocation of such reference points or CONTRACTOR shall immediately : ( i ) secure or otherwise isolate such condition ; ( ii) stop all Work in 00700 - General Conditions REV 04-07 00700 - 13 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc connection with such condition and in any area by CONTRACTOR or by anyone for whom affected thereby (except in an emergency as required CONTRACTOR is responsible . Nothing in this para- by paragraph 6 . 16) ; and ( iii ) notify OWNER and ENGI - graph 4 . 06 . E shall obligate OWNER to indemnify any NEER (and promptly thereafter confirm such notice in individual or entity from and against the consequences writing ) . OWNER shall promptly consult with of that individual ' s or entity' s own negligence . ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or H . To the fullest extent permitted by Laws and take corrective action , if any . Regulations , CONTRACTOR shall indemnify and hold harmless OWNER , ENGINEER , ENGINEER ' s E . CONTRACTOR shall not be required to Consultants , and the officers , directors , partners , resume Work in connection with such condition or in employees , agents , other consultants , and any affected area until after OWNER has obtained subcontractors of each and any of them from and any required permits related thereto and delivered to against all claims , costs , losses , and damages CONTRACTOR written notice : ( i ) specifying that such ( including but not limited to all fees and charges of condition and any affected area is or has been engineers , architects , attorneys , and other rendered safe for the resumption of Work; or ( ii ) professionals and all court or arbitration or other specifying any special conditions under which such dispute resolution costs ) arising out of or relating to a Work may be resumed safely . If OWNER and Hazardous Environmental Condition created by CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom on the amount or extent , if any , of any adjustment in CONTRACTOR is responsible . Nothing in this Contract Price or Contract Times , or both , as a result paragraph 4 . 06 . F shall obligate CONTRACTOR to of such Work stoppage or such special conditions indemnify any individual or entity from and against the under which Work is agreed to be resumed by consequences of that individual ' s or entity' s own negli - CONTRACTOR , either party may make a Claim gence . therefor as provided in paragraph 10 . 05 . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and F . If after receipt of such written notice 4 . 04 are not intended to apply to a Hazardous CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the based on a reasonable belief it is unsafe , or does not Site . agree to resume such Work under such special condi - tions , then OWNER may order the portion of the Work that is in the area affected by such condition to be ARTICLE 5 - BONDS AND INSURANCE deleted from the Work . If OWNER and CON - TRACTOR cannot agree as to entitlement to or on the amount or extent, if any , of an adjustment in Contract 5 . 01 Performance, Payment, and Other Bonds Price or Contract Times as a result of deleting such portion of the Work , then either parry may make a A. CONTRACTOR shall furnish Pe Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amount at le equal OWNER may have such deleted portion of the Work performed by OWNER ' s own forces or others in 12MrnanGe and payment IS accordance with Article 7 . Bonds sha unto ! one yeaf G . To the fullest extent permitted by Laws and , Regulations , OWNER shall indemnify and hold harmless CONTRACTOR , Subcontractors , ENGI - NEER , ENGINEER ' s Consultants and the officers , directors , partners , employees , agents , other . consultants , and subcontractors of each and any of them from and against all claims , costs , losses , and B . All Bonds shall be in the form prescribed by damages ( including but not limited to all fees and the Contract Documents except as provided otherwise charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed by professionals and all court or arbitration or other such sureties as are named in the current list of " Com- dispute resolution costs) arising out of or relating to a panies Holding Certificates of Authority as Acceptable Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable such Hazardous Environmental Condition : ( i ) was not Reinsuring Companies" as published in Circular 570 shown or indicated in the Drawings or Specifications (amended ) by the Financial Management Service , or identified in the Contract Documents to be included Surety Bond Branch , U . S . Department of the within the scope of the Work , and ( ii ) was not created Treasury . All Bonds signed by an agent must be 00700 - General Conditions REV 04-07 00700 - 14 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07 .doc connection with such condition and in any area by CONTRACTOR or by anyone for whom affected thereby (except in an emergency as required CONTRACTOR is responsible . Nothing in this para- by paragraph 6 . 16) ; and ( iii ) notify OWNER and ENGI - graph 4 . 06 . E shall obligate OWNER to indemnify any NEER (and promptly thereafter confirm such notice in individual or entity from and against the consequences writing ) . OWNER shall promptly consult with of that individual ' s or entity' s own negligence . ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or H . To the fullest extent permitted by Laws and take corrective action , if any . Regulations , CONTRACTOR shall indemnify and hold harmless OWNER , ENGINEER , ENGINEER ' s E . CONTRACTOR shall not be required to Consultants , and the officers , directors , partners , resume Work in connection with such condition or in employees , agents , other consultants , and any affected area until after OWNER has obtained subcontractors of each and any of them from and any required permits related thereto and delivered to against all claims , costs , losses , and damages CONTRACTOR written notice : ( i ) specifying that such ( including but not limited to all fees and charges of condition and any affected area is or has been engineers , architects , attorneys , and other rendered safe for the resumption of Work; or ( ii ) professionals and all court or arbitration or other specifying any special conditions under which such dispute resolution costs ) arising out of or relating to a Work may be resumed safely . If OWNER and Hazardous Environmental Condition created by CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom on the amount or extent , if any , of any adjustment in CONTRACTOR is responsible . Nothing in this Contract Price or Contract Times , or both , as a result paragraph 4 . 06 . F shall obligate CONTRACTOR to of such Work stoppage or such special conditions indemnify any individual or entity from and against the under which Work is agreed to be resumed by consequences of that individual ' s or entity' s own negli - CONTRACTOR , either party may make a Claim gence . therefor as provided in paragraph 10 . 05 . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and F . If after receipt of such written notice 4 . 04 are not intended to apply to a Hazardous CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the based on a reasonable belief it is unsafe , or does not Site . agree to resume such Work under such special condi - tions , then OWNER may order the portion of the Work that is in the area affected by such condition to be ARTICLE 5 - BONDS AND INSURANCE deleted from the Work . If OWNER and CON - TRACTOR cannot agree as to entitlement to or on the amount or extent, if any , of an adjustment in Contract 5 . 01 Performance, Payment, and Other Bonds Price or Contract Times as a result of deleting such portion of the Work , then either parry may make a A. CONTRACTOR shall furnish Pe Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amount at le equal OWNER may have such deleted portion of the Work performed by OWNER ' s own forces or others in 12MrnanGe and payment IS accordance with Article 7 . Bonds sha unto ! one yeaf G . To the fullest extent permitted by Laws and , Regulations , OWNER shall indemnify and hold harmless CONTRACTOR , Subcontractors , ENGI - NEER , ENGINEER ' s Consultants and the officers , directors , partners , employees , agents , other . consultants , and subcontractors of each and any of them from and against all claims , costs , losses , and B . All Bonds shall be in the form prescribed by damages ( including but not limited to all fees and the Contract Documents except as provided otherwise charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed by professionals and all court or arbitration or other such sureties as are named in the current list of " Com- dispute resolution costs) arising out of or relating to a panies Holding Certificates of Authority as Acceptable Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable such Hazardous Environmental Condition : ( i ) was not Reinsuring Companies" as published in Circular 570 shown or indicated in the Drawings or Specifications (amended ) by the Financial Management Service , or identified in the Contract Documents to be included Surety Bond Branch , U . S . Department of the within the scope of the Work , and ( ii ) was not created Treasury . All Bonds signed by an agent must be 00700 - General Conditions REV 04-07 00700 - 14 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07 .doc accompanied by a certified copy of such agent' s authority to act. 2 . claims for damages because of bodily injury , occupational sickness or disease , C . If the surety on any Bond furnished by CON - or death of CONTRACTOR ' s employees ; TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state 3 . claims for damages because of where any part of the Project is located or it ceases to bodily injury , sickness or disease , or death of meet the requirements of paragraph 5 . 01 . 13 , any person other than CONTRACTOR' s CONTRACTOR shall within 20 days thereafter employees ; substitute another Bond and surety , both of which shall comply with the requirements of paragraphs 4 . claims for damages insured by 5 . 01 . 13 and 5 . 02 . reasonably available personal injury liability coverage which are sustained : ( i ) by any person 5 . 02 Licensed Sureties and Insurers as a result of an offense directly or indirectly related to the employment of such person by A . All Bonds and insurance required by the CONTRACTOR , or ( ii ) by any other person for Contract Documents to be purchased and maintained any other reason ; by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 5 . claims for damages , other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located to issue Bonds or insurance policies for the of tangible property wherever located , including limits and coverages so required . Such surety and loss of use resulting therefrom ; and insurance companies shall also meet such additional requirements and qualifications as may be provided in 6 . claims for damages because of the Supplementary Conditions . bodily injury or death of any person or property damage arising out of the ownership , mainte- 5 . 03 Certificates of Insurance nance or use of any motor vehicle . A. CONTRACTOR shall deliver to OWNER , with B . The policies of insurance so required by this copies to each additional insured identified in the paragraph 5 . 04 to be purchased and maintained shall : Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWN - 1 . with respect to insurance required by ER or any other additional insured ) which CON - paragraphs 5 . 04 . A . 3 through 5 . 04 . A. 6 inclusive , TRACTOR is required to purchase and maintain . include as additional insureds ( subject to any OWNER shall deliver to GONTRACTOR , with Gepies. customary exclusion in respect of professional liability) OWNER , ENGINEER , ENGINEER' s Consultants , and any other individuals or entities identified in the Supplementary Condi- TOR or any Gther additienal insured ) whiGh OWNER tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , 5 . 04 CONTRACTOR 's Liability Insurance agents , and other consultants and subcontractors of each and any of all such A. CONTRACTOR shall purchase and maintain additional insureds , and the insurance afforded such liability and other insurance as is appropriate for to these additional insureds shall provide the Work being performed and as will provide primary coverage for all claims covered protection from claims set forth below which may arise thereby ; out of or result from CONTRACTOR ' s performance of the Work and CONTRACTOR' s other obligations 2 . include at least the specific under the Contract Documents , whether it is to be per- coverages and be written for not less than the formed by CONTRACTOR , any Subcontractor or limits of liability provided in the Supplementary Supplier, or by anyone directly or indirectly employed Conditions or required by Laws or Regulations , by any of them to perform any of the Work , or by whichever is greater, anyone for whose acts any of them may be liable : 3 , include completed operations 1 . claims under workers' compensation , insurance ; disability benefits , and other similar employee benefit acts ; 00700 - General Conditions REV 04-07 00700 - 15 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07.doc accompanied by a certified copy of such agent' s authority to act. 2 . claims for damages because of bodily injury , occupational sickness or disease , C . If the surety on any Bond furnished by CON - or death of CONTRACTOR ' s employees ; TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state 3 . claims for damages because of where any part of the Project is located or it ceases to bodily injury , sickness or disease , or death of meet the requirements of paragraph 5 . 01 . 13 , any person other than CONTRACTOR' s CONTRACTOR shall within 20 days thereafter employees ; substitute another Bond and surety , both of which shall comply with the requirements of paragraphs 4 . claims for damages insured by 5 . 01 . 13 and 5 . 02 . reasonably available personal injury liability coverage which are sustained : ( i ) by any person 5 . 02 Licensed Sureties and Insurers as a result of an offense directly or indirectly related to the employment of such person by A . All Bonds and insurance required by the CONTRACTOR , or ( ii ) by any other person for Contract Documents to be purchased and maintained any other reason ; by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 5 . claims for damages , other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located to issue Bonds or insurance policies for the of tangible property wherever located , including limits and coverages so required . Such surety and loss of use resulting therefrom ; and insurance companies shall also meet such additional requirements and qualifications as may be provided in 6 . claims for damages because of the Supplementary Conditions . bodily injury or death of any person or property damage arising out of the ownership , mainte- 5 . 03 Certificates of Insurance nance or use of any motor vehicle . A. CONTRACTOR shall deliver to OWNER , with B . The policies of insurance so required by this copies to each additional insured identified in the paragraph 5 . 04 to be purchased and maintained shall : Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWN - 1 . with respect to insurance required by ER or any other additional insured ) which CON - paragraphs 5 . 04 . A . 3 through 5 . 04 . A. 6 inclusive , TRACTOR is required to purchase and maintain . include as additional insureds ( subject to any OWNER shall deliver to GONTRACTOR , with Gepies. customary exclusion in respect of professional liability) OWNER , ENGINEER , ENGINEER' s Consultants , and any other individuals or entities identified in the Supplementary Condi- TOR or any Gther additienal insured ) whiGh OWNER tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , 5 . 04 CONTRACTOR 's Liability Insurance agents , and other consultants and subcontractors of each and any of all such A. CONTRACTOR shall purchase and maintain additional insureds , and the insurance afforded such liability and other insurance as is appropriate for to these additional insureds shall provide the Work being performed and as will provide primary coverage for all claims covered protection from claims set forth below which may arise thereby ; out of or result from CONTRACTOR ' s performance of the Work and CONTRACTOR' s other obligations 2 . include at least the specific under the Contract Documents , whether it is to be per- coverages and be written for not less than the formed by CONTRACTOR , any Subcontractor or limits of liability provided in the Supplementary Supplier, or by anyone directly or indirectly employed Conditions or required by Laws or Regulations , by any of them to perform any of the Work , or by whichever is greater, anyone for whose acts any of them may be liable : 3 , include completed operations 1 . claims under workers' compensation , insurance ; disability benefits , and other similar employee benefit acts ; 00700 - General Conditions REV 04-07 00700 - 15 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07.doc 4 . include contractual liability insurance €NGINE €R's Consultants , and any other covering CONTRACTOR ' s indemnity individuals or entities adentified in the obligations under paragraphs 6 . 07 , 6 . 11 , and Supplementary Conditions , and the OffiGers , 6 . 20 ; dirertOFS—partners , employees , agents,and 5 . contain a provision or endorsement and any of thern , eaGh of whorn is deemed to that the coverage afforded will not be canceled , have an insurable interest and shell be listens materially changed or renewal refused until at an additional insured ; least thirty days prior written notice has been given to OWNER and CONTRACTOR and to 7 he written OR e Builder' s Risk all ri. ii or speGial Gauses of loss P0liGy each other additional insured identified in the or open per j Supplementary Conditions to whom a certificate of insurance has been issued (and the phySiGal loss or damage to the Work , ternpe certificates of insurance furnished by the CONFary buildings , false woFk , and materials and - TRACTOR pursuant to paragraph 5 . 03 will so equipment in transit, and shall insuFe against a provide) ; least the fol ! Gwing peFils OF Gauses of les in ghtning , extended Goverage , theft , vandalism 6 . remain in effect at least until final payment and at all times thereafter when CON - TRACTOR may be correcting , removing , or replacing defective Work in accordance with darnage , and SUGh ether perils Or GauSes of paragraph 13 . 07 ; and loss as may be speGifiGally required by-4he 7 . with respect to completed operations insurance , and any insurance coverage written 3 . innl de o senses " ^ erred " the on a claims- made basis , remain in effect for at repair or replaGement of any ensured preperl�,f least two years after final payment ( and to fen and charges of CONTRACTOR shall furnish OWNER and engineers andarshitests); each other additional insured identified in the Supplementary Conditions , to whom a 4 . Gover materials aa in cl en ypm=ee certificate of insurance has been issued , stored at the Site or at another was evidence satisfactory to OWNER and any suchWWI 1 � additional insured of continuation of such insurance at final payment and one year and equipment have been inGluded in thereafter) . ENGINEER ; 5 . 05 OWNER 's Liability Insurance by OWNER ; provided by CONTRACTOR under par p 5 . 041. OWNER , at OWNER ' s option y purchase and6 . inGlude testing and startup � and maintain at OWNER ' s se OWNER ' s own liability insurance as protect OWNER against claims 7 . be-maintained fc i " eeGt " "t` l final pa ariq mr ' made unless otherwise agreed to in writing by OWNER , CONTRAGTOR , and ENGINEER lith 30 dayswritten nntine to eerh 5 . 06 Property Insurance other additional insured to whem a GeFt' foG,ate of in raRGe has been ,issued . A. Unless otheFw' se provided an the Supple . mentairy ConditionsOWNER shall PLIFGhase and B ('1\ AINER shell rn rrhese and maintain s , nh , Fp.a E ntain property insuranG�Gn the WoFk at the Site boiler and aGhinery insuFanGe or additional propefty n the amount of the full replaGement GOSt theree nsuraRGe as may be required by the SupplemeRtary provided on the Supplementary Genditions oF required the —interests of OWNER , CONTRACTOR C h nnr�vvrrtrpvtvr`J ENGINEER , rGIAlEEl7 ' s Cnnst tants , and any other indev' duals c) r entities identified iR 1 , the interests of OWNER , the Supple. mentaFy i ENGINEER , eaGh of whom isCONTRACTOR , SubG011traGtOFS , 00700 - General Conditions REV 04-07 00700 - 16 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07 .doc 4 . include contractual liability insurance €NGINE €R's Consultants , and any other covering CONTRACTOR ' s indemnity individuals or entities adentified in the obligations under paragraphs 6 . 07 , 6 . 11 , and Supplementary Conditions , and the OffiGers , 6 . 20 ; dirertOFS—partners , employees , agents,and 5 . contain a provision or endorsement and any of thern , eaGh of whorn is deemed to that the coverage afforded will not be canceled , have an insurable interest and shell be listens materially changed or renewal refused until at an additional insured ; least thirty days prior written notice has been given to OWNER and CONTRACTOR and to 7 he written OR e Builder' s Risk all ri. ii or speGial Gauses of loss P0liGy each other additional insured identified in the or open per j Supplementary Conditions to whom a certificate of insurance has been issued (and the phySiGal loss or damage to the Work , ternpe certificates of insurance furnished by the CONFary buildings , false woFk , and materials and - TRACTOR pursuant to paragraph 5 . 03 will so equipment in transit, and shall insuFe against a provide) ; least the fol ! Gwing peFils OF Gauses of les in ghtning , extended Goverage , theft , vandalism 6 . remain in effect at least until final payment and at all times thereafter when CON - TRACTOR may be correcting , removing , or replacing defective Work in accordance with darnage , and SUGh ether perils Or GauSes of paragraph 13 . 07 ; and loss as may be speGifiGally required by-4he 7 . with respect to completed operations insurance , and any insurance coverage written 3 . innl de o senses " ^ erred " the on a claims- made basis , remain in effect for at repair or replaGement of any ensured preperl�,f least two years after final payment ( and to fen and charges of CONTRACTOR shall furnish OWNER and engineers andarshitests); each other additional insured identified in the Supplementary Conditions , to whom a 4 . Gover materials aa in cl en ypm=ee certificate of insurance has been issued , stored at the Site or at another was evidence satisfactory to OWNER and any suchWWI 1 � additional insured of continuation of such insurance at final payment and one year and equipment have been inGluded in thereafter) . ENGINEER ; 5 . 05 OWNER 's Liability Insurance by OWNER ; provided by CONTRACTOR under par p 5 . 041. OWNER , at OWNER ' s option y purchase and6 . inGlude testing and startup � and maintain at OWNER ' s se OWNER ' s own liability insurance as protect OWNER against claims 7 . be-maintained fc i " eeGt " "t` l final pa ariq mr ' made unless otherwise agreed to in writing by OWNER , CONTRAGTOR , and ENGINEER lith 30 dayswritten nntine to eerh 5 . 06 Property Insurance other additional insured to whem a GeFt' foG,ate of in raRGe has been ,issued . A. Unless otheFw' se provided an the Supple . mentairy ConditionsOWNER shall PLIFGhase and B ('1\ AINER shell rn rrhese and maintain s , nh , Fp.a E ntain property insuranG�Gn the WoFk at the Site boiler and aGhinery insuFanGe or additional propefty n the amount of the full replaGement GOSt theree nsuraRGe as may be required by the SupplemeRtary provided on the Supplementary Genditions oF required the —interests of OWNER , CONTRACTOR C h nnr�vvrrtrpvtvr`J ENGINEER , rGIAlEEl7 ' s Cnnst tants , and any other indev' duals c) r entities identified iR 1 , the interests of OWNER , the Supple. mentaFy i ENGINEER , eaGh of whom isCONTRACTOR , SubG011traGtOFS , 00700 - General Conditions REV 04-07 00700 - 16 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07 .doc . . _ Imim . ' mal • - - 0 ' AW dA M • - - • - . . • • • • • • ' - mmil ■ . . IL - . . I MIVMAVWA Aq - 0 AMM - • - - - • : Arm LVA qL LWOMMIL a _. . . _ - mmol � . . . . I al RA ON 1 • • . . e . . : - - - - e . � • ■ . � ■ : - - 11 11 . . _ Imim . ' mal • - - 0 ' AW dA M • - - • - . . • • • • • • ' - mmil ■ . . IL - . . I MIVMAVWA Aq - 0 AMM - • - - - • : Arm LVA qL LWOMMIL a _. . . _ - mmol � . . . . I al RA ON 1 • • . . e . . : - - - - e . � • ■ . � ■ : - - 11 11 � i � ' 1 1 • 11 • 1 • N SUAW• ' — — — ' 1 — = • • • — — AN Aft . I 1 ' I • 1 • — — • • — O ' 0 • - — 0 • • • • • • • • • • • • • . • . — p • • • • • • • • • • ' • • . . • • AMA MR EARN AN • • • • . . • • 1 • • ' • • ' • • • — — • - ' p ' • M • • ' • • — • • . • - — — AlifffiblARMISE, AN • • • • • • • • • ' STZA — p 1 m A, ' • • • ' AWE WSOOLWLEMOREMINAR&W M, MONO A N • • • • • • . ME • • • . AM 42 10H Wel ilk . • 0 1 •• 1 . • — ddddddd • • I ' 1 I I ' I ' LAAM am IS M, ARE A AN • • — p • • ' • NOW • • as � • ' 1ANME 1 i1 1 • 1 � 1 I • • • • • • ' will a IF _ — — — 0 • • • • • - • • AN WEE All IF 0 IF day. OR NO, MANN • dFaZob — ANi • • • • • • — • • APS - AM L IF am IN IF �animes ��" MANOR AN � • •• G •• - • •MORMILWI IF • TaTiffilill CANNONEER IF OR W, W MR A, WOMEAWAWMAMIL MR �A • • • — • • • — AE u . • • — • - 1 F^w 111110F.WwomO • • • • • . — •• • / / 1 • • . . . FAIR aTaIMENNiMalm IF IF WAWA lot� � WAWIM .. . 0 —- — — . • • ' • • ' • • • • � i � ' 1 1 • 11 • 1 • N SUAW• ' — — — ' 1 — = • • • — — AN Aft . I 1 ' I • 1 • — — • • — O ' 0 • - — 0 • • • • • • • • • • • • • . • . — p • • • • • • • • • • ' • • . . • • AMA MR EARN AN • • • • . . • • 1 • • ' • • ' • • • — — • - ' p ' • M • • ' • • — • • . • - — — AlifffiblARMISE, AN • • • • • • • • • ' STZA — p 1 m A, ' • • • ' AWE WSOOLWLEMOREMINAR&W M, MONO A N • • • • • • . ME • • • . AM 42 10H Wel ilk . • 0 1 •• 1 . • — ddddddd • • I ' 1 I I ' I ' LAAM am IS M, ARE A AN • • — p • • ' • NOW • • as � • ' 1ANME 1 i1 1 • 1 � 1 I • • • • • • ' will a IF _ — — — 0 • • • • • - • • AN WEE All IF 0 IF day. OR NO, MANN • dFaZob — ANi • • • • • • — • • APS - AM L IF am IN IF �animes ��" MANOR AN � • •• G •• - • •MORMILWI IF • TaTiffilill CANNONEER IF OR W, W MR A, WOMEAWAWMAMIL MR �A • • • — • • • — AE u . • • — • - 1 F^w 111110F.WwomO • • • • • . — •• • / / 1 • • . . . FAIR aTaIMENNiMalm IF IF WAWA lot� � WAWIM .. . 0 —- — — . • • ' • • ' • • • • ments . CONTRACTOR shall at all times maintain ly will comply with any provisions of the General good discipline and order at the Site . Requirements applicable thereto . B . Except as otherwise required for the safety or 2 . Proposed adjustments in the protection of persons or the Work or property at the progress schedule that will change the Contract Site or adjacent thereto , and except as otherwise Times (or Milestones ) shall be submitted in stated in the Contract Documents , all Work at the Site accordance with the requirements of Article 12 . shall be performed during regular working hours , and Such adjustments may only be made by a CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- performance of Work on Saturday , Sunday , or any dance with Article 12 . legal holiday without OWNER ' s written consent (which will not be unreasonably withheld ) given after prior 6 . 05 Substitutes and "Or-Equals " written notice to ENGINEER . A. Whenever an item of material or equipment is specified or described in the Contract Documents by 6 . 03 Services, Materials, and Equipment using the name of a proprietary item or the name of a particular Supplier, the specification or description is A . Unless otherwise specified in the General Re- intended to establish the type , function , appearance , quirements , CONTRACTOR shall provide and and quality required . Unless the specification or assume full responsibility for all services , materials , description contains or is followed by words reading equipment, labor, transportation , construction that no like , equivalent, or " or-equal " item or no equipment and machinery, tools , appliances , fuel , substitution is permitted , other items of material or power, light, heat, telephone , water, sanitary facilities , equipment or material or equipment of other Suppliers temporary facilities , and all other facilities and may be submitted to ENGINEER for review under the incidentals necessary for the performance , testing , circumstances described below. start-up , and completion of the Work . 1 . "Or-Equal" Items: If in ENGINEER ' s B . All materials and equipment incorporated into sole discretion an item of material or equipment the Work shall be as specified or, if not specified , shall proposed by CONTRACTOR is functionally be of good quality and new, except as otherwise equal to that named and sufficiently similar so provided in the Contract Documents . All warranties that no change in related Work will be required , and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an tions shall expressly run to the benefit of OWNER . If " or-equal " item , in which case review and required by ENGINEER , CONTRACTOR shall furnish approval of the proposed item may , in satisfactory evidence ( including reports of required ENGINEER ' s sole discretion , be accomplished tests) as to the source , kind , and quality of materials without compliance with some or all of the and equipment. All materials and equipment shall be requirements for approval of proposed substi - stored , applied , installed , connected , erected , tute items . For the purposes of this paragraph protected , used , cleaned , and conditioned in 6 . 05 . A. 1 , a proposed item of material or accordance with instructions of the applicable equipment will be considered functionally equal Supplier, except as otherwise may be provided in the to an item so named if: Contract Documents . a . in the exercise of reasonable 6 . 04 Progress Schedule judgment ENGINEER determines that: ( i ) it is at least equal in quality , durability, A. CONTRACTOR shall adhere to the progress appearance , strength , and design schedule established in accordance with paragraph characteristics ; ( ii ) it will reliably perform at 2 . 07 as it may be adjusted from time to time as least equally well the function imposed by provided below. the design concept of the completed Project as a functioning whole , and ; 1 . CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- b . CONTRACTOR certifies that: ( i ) cated in paragraph 2 . 07 ) proposed adjustments there is no increase in cost to the OWNER ; in the progress schedule that will not result in and ( ii ) it will conform substantially , even changing the Contract Times (or Milestones ) . with deviations , to the detailed requirements Such adjustments will conform generally to the of the item named in the Contract progress schedule then in effect and additional - Documents . 00700 - General Conditions REV 04-07 00700 - 19 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc ments . CONTRACTOR shall at all times maintain ly will comply with any provisions of the General good discipline and order at the Site . Requirements applicable thereto . B . Except as otherwise required for the safety or 2 . Proposed adjustments in the protection of persons or the Work or property at the progress schedule that will change the Contract Site or adjacent thereto , and except as otherwise Times (or Milestones ) shall be submitted in stated in the Contract Documents , all Work at the Site accordance with the requirements of Article 12 . shall be performed during regular working hours , and Such adjustments may only be made by a CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- performance of Work on Saturday , Sunday , or any dance with Article 12 . legal holiday without OWNER ' s written consent (which will not be unreasonably withheld ) given after prior 6 . 05 Substitutes and "Or-Equals " written notice to ENGINEER . A. Whenever an item of material or equipment is specified or described in the Contract Documents by 6 . 03 Services, Materials, and Equipment using the name of a proprietary item or the name of a particular Supplier, the specification or description is A . Unless otherwise specified in the General Re- intended to establish the type , function , appearance , quirements , CONTRACTOR shall provide and and quality required . Unless the specification or assume full responsibility for all services , materials , description contains or is followed by words reading equipment, labor, transportation , construction that no like , equivalent, or " or-equal " item or no equipment and machinery, tools , appliances , fuel , substitution is permitted , other items of material or power, light, heat, telephone , water, sanitary facilities , equipment or material or equipment of other Suppliers temporary facilities , and all other facilities and may be submitted to ENGINEER for review under the incidentals necessary for the performance , testing , circumstances described below. start-up , and completion of the Work . 1 . "Or-Equal" Items: If in ENGINEER ' s B . All materials and equipment incorporated into sole discretion an item of material or equipment the Work shall be as specified or, if not specified , shall proposed by CONTRACTOR is functionally be of good quality and new, except as otherwise equal to that named and sufficiently similar so provided in the Contract Documents . All warranties that no change in related Work will be required , and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an tions shall expressly run to the benefit of OWNER . If " or-equal " item , in which case review and required by ENGINEER , CONTRACTOR shall furnish approval of the proposed item may , in satisfactory evidence ( including reports of required ENGINEER ' s sole discretion , be accomplished tests) as to the source , kind , and quality of materials without compliance with some or all of the and equipment. All materials and equipment shall be requirements for approval of proposed substi - stored , applied , installed , connected , erected , tute items . For the purposes of this paragraph protected , used , cleaned , and conditioned in 6 . 05 . A. 1 , a proposed item of material or accordance with instructions of the applicable equipment will be considered functionally equal Supplier, except as otherwise may be provided in the to an item so named if: Contract Documents . a . in the exercise of reasonable 6 . 04 Progress Schedule judgment ENGINEER determines that: ( i ) it is at least equal in quality , durability, A. CONTRACTOR shall adhere to the progress appearance , strength , and design schedule established in accordance with paragraph characteristics ; ( ii ) it will reliably perform at 2 . 07 as it may be adjusted from time to time as least equally well the function imposed by provided below. the design concept of the completed Project as a functioning whole , and ; 1 . CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- b . CONTRACTOR certifies that: ( i ) cated in paragraph 2 . 07 ) proposed adjustments there is no increase in cost to the OWNER ; in the progress schedule that will not result in and ( ii ) it will conform substantially , even changing the Contract Times (or Milestones ) . with deviations , to the detailed requirements Such adjustments will conform generally to the of the item named in the Contract progress schedule then in effect and additional - Documents . 00700 - General Conditions REV 04-07 00700 - 19 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc 2 . Substitute Items directly or indirectly from use of such substitute item , including costs of redesign a . If in ENGINEER ' s sole discretion an and claims of other contractors affected by item of material or equipment proposed by any resulting change , all of which will be CONTRACTOR does not qualify as an considered by ENGINEER in evaluating the " or-equal " item under paragraph 6 . 05 . A. 1 , it proposed substitute item . ENGINEER may will be considered a proposed substitute require CONTRACTOR to furnish additional item . data about the proposed substitute item . b . CONTRACTOR shall submit suffi- B . Substitute Construction Methods or Proce- cient information as provided below to allow duress If a specific means , method , technique , se- ENGINEER to determine that the item of quence , or procedure of construction is shown or material or equipment proposed is indicated in and expressly required by the Contract essentially equivalent to that named and an Documents , CONTRACTOR may furnish or utilize a acceptable substitute therefor. Requests for substitute means , method , technique , sequence , or review of proposed substitute items of procedure of construction approved by ENGINEER . material or equipment will not be accepted CONTRACTOR shall submit sufficient information to by ENGINEER from anyone other than allow ENGINEER , in ENGINEER' s sole discretion , to CONTRACTOR . determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents . c . The procedure for review by ENGI - The procedure for review by ENGINEER will be similar NEER will be as set forth in paragraph to that provided in subparagraph 6 . 05 . A. 2 . 6 . 05 . A. 2 . d , as supplemented in the General Requirements and as ENGINEER may C . Engineer's Evaluation: ENGINEER will be decide is appropriate under the allowed a reasonable time within which to evaluate circumstances . each proposal or submittal made pursuant to para- graphs 6 . 05 . A and 6 . 05 . 6 . ENGINEER will be the d . CONTRACTOR shall first make sole judge of acceptability . No " or-equal" or substitute written application to ENGINEER for review will be ordered , installed or utilized until ENGINEER' s of a proposed substitute item of material or review is complete , which will be evidenced by either a equipment that CONTRACTOR seeks to Change Order for a substitute or an approved Shop furnish or use . The application shall certify Drawing for an " or equal . " ENGINEER will advise that the proposed substitute item will CONTRACTOR in writing of any negative perform adequately the functions and determination . achieve the results called for by the general design , be similar in substance to that D . Special Guarantee: OWNER may require specified , and be suited to the same use as CONTRACTOR to furnish at CONTRACTOR' s ex- that specified . The application will state the pense a special performance guarantee or other extent, if any, to which the use of the pro- surety with respect to any substitute . posed substitute item will prejudice CONTRACTOR ' s achievement of Substan - E . ENGINEER 's Cost Reimbursement: tial Completion on time , whether or not use ENGINEER will record time required by ENGINEER of the proposed substitute item in the Work and ENGINEER' s Consultants in evaluating substitute will require a change in any of the Contract proposed or submitted by CONTRACTOR pursuant to Documents (or in the provisions of any other paragraphs 6 . 05 . A . 2 and 6 . 05 . 6 and in making direct contract with OWNER for work on the changes in the Contract Documents (or in the Project) to adapt the design to the proposed provisions of any other direct contract with OWNER substitute item and whether or not for work on the Project) occasioned thereby . Whether incorporation or use of the proposed substi- or not ENGINEER approves a substitute item so pro- tute item in connection with the Work is sub- posed or submitted by CONTRACTOR , CON - ject to payment of any license fee or royalty . TRACTOR shall reimburse OWNER for the charges All variations of the proposed substitute of ENGINEER and ENGINEER' s Consultants for item from that specified will be identified in evaluating each such proposed substitute . the application , and available engineering , sales , maintenance , repair , and F . CONTRACTOR 's Expense: CONTRACTOR replacement services will be indicated . The shall provide all data in support of any proposed application will also contain an itemized esti- substitute or " or-equal " at CONTRACTOR ' s expense . mate of all costs or credits that will result 00700 - General Conditions REV 04-07 00700 - 20 C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07. doc 2 . Substitute Items directly or indirectly from use of such substitute item , including costs of redesign a . If in ENGINEER ' s sole discretion an and claims of other contractors affected by item of material or equipment proposed by any resulting change , all of which will be CONTRACTOR does not qualify as an considered by ENGINEER in evaluating the " or-equal " item under paragraph 6 . 05 . A. 1 , it proposed substitute item . ENGINEER may will be considered a proposed substitute require CONTRACTOR to furnish additional item . data about the proposed substitute item . b . CONTRACTOR shall submit suffi- B . Substitute Construction Methods or Proce- cient information as provided below to allow duress If a specific means , method , technique , se- ENGINEER to determine that the item of quence , or procedure of construction is shown or material or equipment proposed is indicated in and expressly required by the Contract essentially equivalent to that named and an Documents , CONTRACTOR may furnish or utilize a acceptable substitute therefor. Requests for substitute means , method , technique , sequence , or review of proposed substitute items of procedure of construction approved by ENGINEER . material or equipment will not be accepted CONTRACTOR shall submit sufficient information to by ENGINEER from anyone other than allow ENGINEER , in ENGINEER' s sole discretion , to CONTRACTOR . determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents . c . The procedure for review by ENGI - The procedure for review by ENGINEER will be similar NEER will be as set forth in paragraph to that provided in subparagraph 6 . 05 . A. 2 . 6 . 05 . A. 2 . d , as supplemented in the General Requirements and as ENGINEER may C . Engineer's Evaluation: ENGINEER will be decide is appropriate under the allowed a reasonable time within which to evaluate circumstances . each proposal or submittal made pursuant to para- graphs 6 . 05 . A and 6 . 05 . 6 . ENGINEER will be the d . CONTRACTOR shall first make sole judge of acceptability . No " or-equal" or substitute written application to ENGINEER for review will be ordered , installed or utilized until ENGINEER' s of a proposed substitute item of material or review is complete , which will be evidenced by either a equipment that CONTRACTOR seeks to Change Order for a substitute or an approved Shop furnish or use . The application shall certify Drawing for an " or equal . " ENGINEER will advise that the proposed substitute item will CONTRACTOR in writing of any negative perform adequately the functions and determination . achieve the results called for by the general design , be similar in substance to that D . Special Guarantee: OWNER may require specified , and be suited to the same use as CONTRACTOR to furnish at CONTRACTOR' s ex- that specified . The application will state the pense a special performance guarantee or other extent, if any, to which the use of the pro- surety with respect to any substitute . posed substitute item will prejudice CONTRACTOR ' s achievement of Substan - E . ENGINEER 's Cost Reimbursement: tial Completion on time , whether or not use ENGINEER will record time required by ENGINEER of the proposed substitute item in the Work and ENGINEER' s Consultants in evaluating substitute will require a change in any of the Contract proposed or submitted by CONTRACTOR pursuant to Documents (or in the provisions of any other paragraphs 6 . 05 . A . 2 and 6 . 05 . 6 and in making direct contract with OWNER for work on the changes in the Contract Documents (or in the Project) to adapt the design to the proposed provisions of any other direct contract with OWNER substitute item and whether or not for work on the Project) occasioned thereby . Whether incorporation or use of the proposed substi- or not ENGINEER approves a substitute item so pro- tute item in connection with the Work is sub- posed or submitted by CONTRACTOR , CON - ject to payment of any license fee or royalty . TRACTOR shall reimburse OWNER for the charges All variations of the proposed substitute of ENGINEER and ENGINEER' s Consultants for item from that specified will be identified in evaluating each such proposed substitute . the application , and available engineering , sales , maintenance , repair , and F . CONTRACTOR 's Expense: CONTRACTOR replacement services will be indicated . The shall provide all data in support of any proposed application will also contain an itemized esti- substitute or " or-equal " at CONTRACTOR ' s expense . mate of all costs or credits that will result 00700 - General Conditions REV 04-07 00700 - 20 C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07. doc 6 . 06 Concerning Subcontractors, Suppliers, tractors , Suppliers , and other individuals or entities and Others performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR . A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity E . CONTRACTOR shall require all Subcontrac- ( including those acceptable to OWNER as indicated in tors , Suppliers , and such other individuals or entities paragraph 6 . 06 . B ) I whether initially or as a performing or furnishing any of the Work to commu - replacement, against whom OWNER may have nicate with ENGINEER through CONTRACTOR . reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or F . The divisions and sections of the Specifica- other individual or entity to furnish or perform any of tions and the identifications of any Drawings shall not the Work against whom CONTRACTOR has reason - control CONTRACTOR in dividing the Work among able objection . Subcontractors or Suppliers or delineating the Work to be performed by any specific trade . B . If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , or other G . All Work performed for CONTRACTOR by a individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an advance for acceptance by OWNER by a specified appropriate agreement between CONTRACTOR and date prior to the Effective Date of the Agreement, and the Subcontractor or Supplier which specifically binds if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier to the applicable terms accordance with the Supplementary Conditions , and conditions of the Contract Documents for the OWNER' s acceptance (either in writing or by failing to benefit of OWNER and ENGINEER . Whenever any make written objection thereto by the date indicated such agreement is with a Subcontractor or Supplier for acceptance or objection in the Bidding Documents who is listed as an additional insured on the property or the Contract Documents) of any such Subcon - insurance provided in paragraph 5 . 06 , the agreement tractor, Supplier, or other individual or entity so between the CONTRACTOR and the Subcontractor identified may be revoked on the basis of reasonable or Supplier will contain provisions whereby the objection after due investigation . CONTRACTOR Subcontractor or Supplier waives all rights against shall submit an acceptable replacement for the OWNER , CONTRACTOR , ENGINEER , ENGINEER ' s rejected Subcontractor, Supplier, or other individual or Consultants , and all other individuals or entities entity , and the Contract Price will be adjusted by the identified in the Supplementary Conditions to be listed difference in the cost occasioned by such as insureds or additional insureds (and the officers , replacement, and an appropriate Change Order will be directors , partners , employees , agents , and other issued or Written Amendment signed . No acceptance consultants and subcontractors of each and any of by OWNER of any such Subcontractor, Supplier, or them ) for all losses and damages caused by , arising other individual or entity , whether initially or as a out of, relating to , or resulting from any of the perils or replacement, shall constitute a waiver of any right of causes of loss covered by such policies and any other OWNER or ENGINEER to reject defective Work . property insurance applicable to the Work . If the insurers on any such policies require separate waiver C . CONTRACTOR shall be fully responsible to forms to be signed by any Subcontractor or Supplier, OWNER and ENGINEER for all acts and omissions of CONTRACTOR will obtain the same . the Subcontractors , Suppliers , and other individuals or entities performing or furnishing any of the Work just 6 . 07 Patent Fees and Royalties as CONTRACTOR is responsible for CONTRACTOR ' s own acts and omissions . Nothing in A. CONTRACTOR shall pay all license fees and the Contract Documents shall create for the benefit of royalties and assume all costs incident to the use in any such Subcontractor, Supplier, or other individual the performance of the Work or the incorporation in or entity any contractual relationship between OWNER the Work of any invention , design , process , product, or ENGINEER and any such Subcontractor, Supplier or device which is the subject of patent rights or or other individual or entity, nor shall it create any copyrights held by others . If a particular invention , obligation on the part of OWNER or ENGINEER to design , process , product, or device is specified in the pay or to see to the payment of any moneys due any Contract Documents for use in the performance of the such Subcontractor, Supplier, or other individual or Work and if to the actual knowledge of OWNER or entity except as may otherwise be required by Laws ENGINEER its use is subject to patent rights or and Regulations . copyrights calling for the payment of any license fee or royalty to others , the existence of such rights shall be D . CONTRACTOR shall be solely responsible disclosed by OWNER in the Contract Documents . To for scheduling and coordinating the Work of Subcon - the fullest extent permitted by Laws and Regulations , 00700 - General Conditions REV 04-07 00700 - 21 C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT58\00700 - General Conditions REV 04-07.doc 6 . 06 Concerning Subcontractors, Suppliers, tractors , Suppliers , and other individuals or entities and Others performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR . A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity E . CONTRACTOR shall require all Subcontrac- ( including those acceptable to OWNER as indicated in tors , Suppliers , and such other individuals or entities paragraph 6 . 06 . B ) I whether initially or as a performing or furnishing any of the Work to commu - replacement, against whom OWNER may have nicate with ENGINEER through CONTRACTOR . reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or F . The divisions and sections of the Specifica- other individual or entity to furnish or perform any of tions and the identifications of any Drawings shall not the Work against whom CONTRACTOR has reason - control CONTRACTOR in dividing the Work among able objection . Subcontractors or Suppliers or delineating the Work to be performed by any specific trade . B . If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , or other G . All Work performed for CONTRACTOR by a individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an advance for acceptance by OWNER by a specified appropriate agreement between CONTRACTOR and date prior to the Effective Date of the Agreement, and the Subcontractor or Supplier which specifically binds if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier to the applicable terms accordance with the Supplementary Conditions , and conditions of the Contract Documents for the OWNER' s acceptance (either in writing or by failing to benefit of OWNER and ENGINEER . Whenever any make written objection thereto by the date indicated such agreement is with a Subcontractor or Supplier for acceptance or objection in the Bidding Documents who is listed as an additional insured on the property or the Contract Documents) of any such Subcon - insurance provided in paragraph 5 . 06 , the agreement tractor, Supplier, or other individual or entity so between the CONTRACTOR and the Subcontractor identified may be revoked on the basis of reasonable or Supplier will contain provisions whereby the objection after due investigation . CONTRACTOR Subcontractor or Supplier waives all rights against shall submit an acceptable replacement for the OWNER , CONTRACTOR , ENGINEER , ENGINEER ' s rejected Subcontractor, Supplier, or other individual or Consultants , and all other individuals or entities entity , and the Contract Price will be adjusted by the identified in the Supplementary Conditions to be listed difference in the cost occasioned by such as insureds or additional insureds (and the officers , replacement, and an appropriate Change Order will be directors , partners , employees , agents , and other issued or Written Amendment signed . No acceptance consultants and subcontractors of each and any of by OWNER of any such Subcontractor, Supplier, or them ) for all losses and damages caused by , arising other individual or entity , whether initially or as a out of, relating to , or resulting from any of the perils or replacement, shall constitute a waiver of any right of causes of loss covered by such policies and any other OWNER or ENGINEER to reject defective Work . property insurance applicable to the Work . If the insurers on any such policies require separate waiver C . CONTRACTOR shall be fully responsible to forms to be signed by any Subcontractor or Supplier, OWNER and ENGINEER for all acts and omissions of CONTRACTOR will obtain the same . the Subcontractors , Suppliers , and other individuals or entities performing or furnishing any of the Work just 6 . 07 Patent Fees and Royalties as CONTRACTOR is responsible for CONTRACTOR ' s own acts and omissions . Nothing in A. CONTRACTOR shall pay all license fees and the Contract Documents shall create for the benefit of royalties and assume all costs incident to the use in any such Subcontractor, Supplier, or other individual the performance of the Work or the incorporation in or entity any contractual relationship between OWNER the Work of any invention , design , process , product, or ENGINEER and any such Subcontractor, Supplier or device which is the subject of patent rights or or other individual or entity, nor shall it create any copyrights held by others . If a particular invention , obligation on the part of OWNER or ENGINEER to design , process , product, or device is specified in the pay or to see to the payment of any moneys due any Contract Documents for use in the performance of the such Subcontractor, Supplier, or other individual or Work and if to the actual knowledge of OWNER or entity except as may otherwise be required by Laws ENGINEER its use is subject to patent rights or and Regulations . copyrights calling for the payment of any license fee or royalty to others , the existence of such rights shall be D . CONTRACTOR shall be solely responsible disclosed by OWNER in the Contract Documents . To for scheduling and coordinating the Work of Subcon - the fullest extent permitted by Laws and Regulations , 00700 - General Conditions REV 04-07 00700 - 21 C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT58\00700 - General Conditions REV 04-07.doc CONTRACTOR shall indemnify and hold harmless of the Agreement if there were no Bids ) having an OWNER , ENGINEER , ENGINEER' s Consultants , and effect on the cost or time of performance of the Work the officers , directors , partners , employees or agents , may be the subject of an adjustment in Contract Price and other consultants of each and any of them from or Contract Times . If OWNER and CONTRACTOR and against all claims , costs , losses , and damages are unable to agree on entitlement to or on the ( including but not limited to all fees and charges of amount or extent, if any, of any such adjustment, a engineers , architects , attorneys , and other Claim may be made therefor as provided in paragraph professionals and all court or arbitration or other 10 . 05 . dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident 6 . 10 Taxes to the use in the performance of the Work or resulting from the incorporation in the Work of any invention , A . CONTRACTOR shall pay all sales , consum- design , process , product, or device not specified in the er, use , and other similar taxes required to be Contract Documents . paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the 6 . 08 Permits Project which are applicable during the A. Unless otherwise provided in the Supple- performance of the Work . mentary Conditions , CONTRACTOR shall obtain and B . OWNER qualifies for state and local sales tax pay for all construction permits and licenses . OWNER exemption in the purchase of all material and shall assist CONTRACTOR , when necessary , in equipment. obtaining such permits and licenses . CONTRACTOR shall pay all governmental charges and inspection 6 . 11 Use of Site and Other Areas fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids , or, if A. Limitation on Use of Site and Other Areas there are no Bids , on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of 1 . CONTRACTOR shall confine utility owners for connections to the Work , and construction equipment, the storage of OWNER shall pay all charges of such utility owners materials and equipment, and the operations of for capital costs related thereto , such as plant workers to the Site and other areas permitted investment fees . by Laws and Regulations , and shall not unreasonably encumber the Site and other 6 . 09 Laws and Regulations areas with construction equipment or other materials or equipment . CONTRACTOR shall A. CONTRACTOR shall give all notices and assume full responsibility for any damage to comply with all Laws and Regulations applicable to the any such land or area , or to the owner or performance of the Work . Except where otherwise occupant thereof, or of any adjacent land or expressly required by applicable Laws and areas resulting from the performance of the Regulations , neither OWNER nor ENGINEER shall be Work . responsible for monitoring CONTRACTOR 's compli - ance with any Laws or Regulations . 2 . Should any claim be made by any such owner or occupant because of the B . If CONTRACTOR performs any Work know- performance of the Work , CONTRACTOR shall ing or having reason to know that it is contrary to Laws promptly settle with such other party by or Regulations , CONTRACTOR shall bear all claims , negotiation or otherwise resolve the claim by costs , losses , and damages ( including but not limited arbitration or other dispute resolution to all fees and charges of engineers , architects , proceeding or at law. attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out 3 . To the fullest extent permitted by of or relating to such Work ; however, it shall not be Laws and Regulations , CONTRACTOR shall CONTRACTOR ' s primary responsibility to make indemnify and hold harmless OWNER , certain that the Specifications and Drawings are in ENGINEER , ENGINEER ' s Consultant , and the accordance with Laws and Regulations , but this shall officers , directors , partners , employees , agents , not relieve CONTRACTOR of CONTRACTOR ' s and other consultants of each and any of them obligations under paragraph 3 . 03 . from and against all claims , costs , losses , and damages ( including but not limited to all fees C . Changes in Laws or Regulations not known at and charges of engineers , architects , attorneys , the time of opening of Bids (or, on the Effective Date and other professionals and all court or 00700 - General Conditions REV 04-07 00700 - 22 CADocuments and Settings\jwilliams1ocal Settings\Temporary Internet Files\Content. Outlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc CONTRACTOR shall indemnify and hold harmless of the Agreement if there were no Bids ) having an OWNER , ENGINEER , ENGINEER' s Consultants , and effect on the cost or time of performance of the Work the officers , directors , partners , employees or agents , may be the subject of an adjustment in Contract Price and other consultants of each and any of them from or Contract Times . If OWNER and CONTRACTOR and against all claims , costs , losses , and damages are unable to agree on entitlement to or on the ( including but not limited to all fees and charges of amount or extent, if any, of any such adjustment, a engineers , architects , attorneys , and other Claim may be made therefor as provided in paragraph professionals and all court or arbitration or other 10 . 05 . dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident 6 . 10 Taxes to the use in the performance of the Work or resulting from the incorporation in the Work of any invention , A . CONTRACTOR shall pay all sales , consum- design , process , product, or device not specified in the er, use , and other similar taxes required to be Contract Documents . paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the 6 . 08 Permits Project which are applicable during the A. Unless otherwise provided in the Supple- performance of the Work . mentary Conditions , CONTRACTOR shall obtain and B . OWNER qualifies for state and local sales tax pay for all construction permits and licenses . OWNER exemption in the purchase of all material and shall assist CONTRACTOR , when necessary , in equipment. obtaining such permits and licenses . CONTRACTOR shall pay all governmental charges and inspection 6 . 11 Use of Site and Other Areas fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids , or, if A. Limitation on Use of Site and Other Areas there are no Bids , on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of 1 . CONTRACTOR shall confine utility owners for connections to the Work , and construction equipment, the storage of OWNER shall pay all charges of such utility owners materials and equipment, and the operations of for capital costs related thereto , such as plant workers to the Site and other areas permitted investment fees . by Laws and Regulations , and shall not unreasonably encumber the Site and other 6 . 09 Laws and Regulations areas with construction equipment or other materials or equipment . CONTRACTOR shall A. CONTRACTOR shall give all notices and assume full responsibility for any damage to comply with all Laws and Regulations applicable to the any such land or area , or to the owner or performance of the Work . Except where otherwise occupant thereof, or of any adjacent land or expressly required by applicable Laws and areas resulting from the performance of the Regulations , neither OWNER nor ENGINEER shall be Work . responsible for monitoring CONTRACTOR 's compli - ance with any Laws or Regulations . 2 . Should any claim be made by any such owner or occupant because of the B . If CONTRACTOR performs any Work know- performance of the Work , CONTRACTOR shall ing or having reason to know that it is contrary to Laws promptly settle with such other party by or Regulations , CONTRACTOR shall bear all claims , negotiation or otherwise resolve the claim by costs , losses , and damages ( including but not limited arbitration or other dispute resolution to all fees and charges of engineers , architects , proceeding or at law. attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) arising out 3 . To the fullest extent permitted by of or relating to such Work ; however, it shall not be Laws and Regulations , CONTRACTOR shall CONTRACTOR ' s primary responsibility to make indemnify and hold harmless OWNER , certain that the Specifications and Drawings are in ENGINEER , ENGINEER ' s Consultant , and the accordance with Laws and Regulations , but this shall officers , directors , partners , employees , agents , not relieve CONTRACTOR of CONTRACTOR ' s and other consultants of each and any of them obligations under paragraph 3 . 03 . from and against all claims , costs , losses , and damages ( including but not limited to all fees C . Changes in Laws or Regulations not known at and charges of engineers , architects , attorneys , the time of opening of Bids (or, on the Effective Date and other professionals and all court or 00700 - General Conditions REV 04-07 00700 - 22 CADocuments and Settings\jwilliams1ocal Settings\Temporary Internet Files\Content. Outlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc arbitration or other dispute resolution costs) 1 . all persons on the Site or who may arising out of or relating to any claim or action , be affected by the Work ; legal or equitable , brought by any such owner or occupant against OWNER , ENGINEER , or 2 . all the Work and materials and equip- any other party indemnified hereunder to the ment to be incorporated therein , whether in extent caused by or based upon storage on or off the Site ; and CONTRACTOR 's performance of the Work . 3 . other property at the Site or adjacent B . Removal of Debris During Performance of the thereto , including trees , shrubs , lawns , walks , Work. During the progress of the Work CONTRAC - pavements , roadways , structures , utilities , and TOR shall keep the Site and other areas free from Underground Facilities not designated for accumulations of waste materials , rubbish , and other removal , relocation , or replacement in the debris . Removal and disposal of such waste materi- course of construction . als , rubbish , and other debris shall conform to applica- ble Laws and Regulations . B . CONTRACTOR shall comply with all applica - ble Laws and Regulations relating to the safety of C . Cleaning: Prior to Substantial Completion of persons or property , or to the protection of persons or the Work CONTRACTOR shall clean the Site and property from damage , injury, or loss ; and shall erect make it ready for utilization by OWNER . At the com - and maintain all necessary safeguards for such safety pletion of the Work CONTRACTOR shall remove from and protection . CONTRACTOR shall notify owners of the Site all tools , appliances , construction equipment adjacent property and of Underground Facilities and and machinery, and surplus materials and shall other utility owners when prosecution of the Work may restore to original condition all property not designated affect them , and shall cooperate with them in the for alteration by the Contract Documents . protection , removal , relocation , and replacement of their property. All damage , injury, or loss to any D . Loading Structures: CONTRACTOR shall not property referred to in paragraph 6 . 13 . A . 2 or 6 . 13 . A. 3 load nor permit any part of any structure to be loaded caused , directly or indirectly , in whole or in part , by in any manner that will endanger the structure , nor CONTRACTOR , any Subcontractor, Supplier, or any shall CONTRACTOR subject any part of the Work or other individual or entity directly or indirectly employed adjacent property to stresses or pressures that will by any of them to perform any of the Work , or anyone endanger it. for whose acts any of them may be liable , shall be remedied by CONTRACTOR (except damage or loss 6 . 12 Record Documents attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER A. CONTRACTOR shall maintain in a safe place or ENGINEER ' s Consultant , or anyone employed by at the Site one record copy of all Drawings , Specifica- any of them , or anyone for whose acts any of them tions , Addenda , Written Amendments , Change may be liable , and not attributable , directly or Orders , Work Change Directives , Field Orders , and indirectly, in whole or in part , to the fault or negligence written interpretations and clarifications in good order of CONTRACTOR or any Subcontractor, Supplier, or and annotated to show changes made during other individual or entity directly or indirectly employed construction . These record documents together with by any of them ) . CONTRACTOR ' s duties and all approved Samples and a counterpart of all responsibilities for safety and for protection of the approved Shop Drawings will be available to ENGI - Work shall continue until such time as all the Work is NEER for reference . Upon completion of the Work , completed and ENGINEER has issued a notice to these record documents , Samples , and Shop OWNER and CONTRACTOR in accordance with Drawings will be delivered to ENGINEER for OWNER . paragraph 14 . 07 . 6 that the Work is acceptable ( except as otherwise expressly provided in connection 6 . 13 Safety and Protection with Substantial Completion ) . A . CONTRACTOR shall be solely responsible 6 . 14 Safety Representative for initiating , maintaining and supervising all safety precautions and programs in connection with the A. CONTRACTOR shall designate a qualified Work . CONTRACTOR shall take all necessary and experienced safety representative at the Site precautions for the safety of, and shall provide the whose duties and responsibilities shall be the necessary protection to prevent damage , injury or loss prevention of accidents and the maintaining and to : supervising of safety precautions and programs . 00700 - General Conditions REV 04-07 00700 - 23 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\Uo8CAT5B\00700 - General Conditions REV 04-07. doc arbitration or other dispute resolution costs) 1 . all persons on the Site or who may arising out of or relating to any claim or action , be affected by the Work ; legal or equitable , brought by any such owner or occupant against OWNER , ENGINEER , or 2 . all the Work and materials and equip- any other party indemnified hereunder to the ment to be incorporated therein , whether in extent caused by or based upon storage on or off the Site ; and CONTRACTOR 's performance of the Work . 3 . other property at the Site or adjacent B . Removal of Debris During Performance of the thereto , including trees , shrubs , lawns , walks , Work. During the progress of the Work CONTRAC - pavements , roadways , structures , utilities , and TOR shall keep the Site and other areas free from Underground Facilities not designated for accumulations of waste materials , rubbish , and other removal , relocation , or replacement in the debris . Removal and disposal of such waste materi- course of construction . als , rubbish , and other debris shall conform to applica- ble Laws and Regulations . B . CONTRACTOR shall comply with all applica - ble Laws and Regulations relating to the safety of C . Cleaning: Prior to Substantial Completion of persons or property , or to the protection of persons or the Work CONTRACTOR shall clean the Site and property from damage , injury, or loss ; and shall erect make it ready for utilization by OWNER . At the com - and maintain all necessary safeguards for such safety pletion of the Work CONTRACTOR shall remove from and protection . CONTRACTOR shall notify owners of the Site all tools , appliances , construction equipment adjacent property and of Underground Facilities and and machinery, and surplus materials and shall other utility owners when prosecution of the Work may restore to original condition all property not designated affect them , and shall cooperate with them in the for alteration by the Contract Documents . protection , removal , relocation , and replacement of their property. All damage , injury, or loss to any D . Loading Structures: CONTRACTOR shall not property referred to in paragraph 6 . 13 . A . 2 or 6 . 13 . A. 3 load nor permit any part of any structure to be loaded caused , directly or indirectly , in whole or in part , by in any manner that will endanger the structure , nor CONTRACTOR , any Subcontractor, Supplier, or any shall CONTRACTOR subject any part of the Work or other individual or entity directly or indirectly employed adjacent property to stresses or pressures that will by any of them to perform any of the Work , or anyone endanger it. for whose acts any of them may be liable , shall be remedied by CONTRACTOR (except damage or loss 6 . 12 Record Documents attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER A. CONTRACTOR shall maintain in a safe place or ENGINEER ' s Consultant , or anyone employed by at the Site one record copy of all Drawings , Specifica- any of them , or anyone for whose acts any of them tions , Addenda , Written Amendments , Change may be liable , and not attributable , directly or Orders , Work Change Directives , Field Orders , and indirectly, in whole or in part , to the fault or negligence written interpretations and clarifications in good order of CONTRACTOR or any Subcontractor, Supplier, or and annotated to show changes made during other individual or entity directly or indirectly employed construction . These record documents together with by any of them ) . CONTRACTOR ' s duties and all approved Samples and a counterpart of all responsibilities for safety and for protection of the approved Shop Drawings will be available to ENGI - Work shall continue until such time as all the Work is NEER for reference . Upon completion of the Work , completed and ENGINEER has issued a notice to these record documents , Samples , and Shop OWNER and CONTRACTOR in accordance with Drawings will be delivered to ENGINEER for OWNER . paragraph 14 . 07 . 6 that the Work is acceptable ( except as otherwise expressly provided in connection 6 . 13 Safety and Protection with Substantial Completion ) . A . CONTRACTOR shall be solely responsible 6 . 14 Safety Representative for initiating , maintaining and supervising all safety precautions and programs in connection with the A. CONTRACTOR shall designate a qualified Work . CONTRACTOR shall take all necessary and experienced safety representative at the Site precautions for the safety of, and shall provide the whose duties and responsibilities shall be the necessary protection to prevent damage , injury or loss prevention of accidents and the maintaining and to : supervising of safety precautions and programs . 00700 - General Conditions REV 04-07 00700 - 23 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\Uo8CAT5B\00700 - General Conditions REV 04-07. doc 6 . 15 Hazard Communication Programs approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR . A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data D . Submittal Procedures sheets or other hazard communication information required to be made available to or exchanged be- 1 . Before submitting each Shop tween or among employers at the Site in accordance Drawing or Sample , CONTRACTOR shall have with Laws or Regulations . determined and verified : 6 . 16 Emergencies a . all field measurements , quantities , dimensions , specified performance criteria , A. In emergencies affecting the safety or protec- installation requirements , materials , catalog tion of persons or the Work or property at the Site or numbers , and similar information with adjacent thereto , CONTRACTOR is obligated to act to respect thereto ; prevent threatened damage , injury , or loss . CONTRACTOR shall give ENGINEER prompt written b . all materials with respect to intended notice if CONTRACTOR believes that any significant use , fabrication , shipping , handling , storage , changes in the Work or variations from the Contract assembly , and installation pertaining to the Documents have been caused thereby or are required performance of the Work ; as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- c . all information relative to means , cause of the action taken by CONTRACTOR in methods , techniques , sequences , and response to such an emergency , a Work Change procedures of construction and safety Directive or Change Order will be issued . precautions and programs incident thereto ; and 6 . 17 Shop Drawings and Samples d . CONTRACTOR shall also have A. CONTRACTOR shall submit Shop Drawings reviewed and coordinated each Shop to ENGINEER for review and approval in accordance Drawing or Sample with other Shop with the acceptable schedule of Shop Drawings and Drawings and Samples and with the Sample submittals . All submittals will be identified as requirements of the Work and the Contract ENGINEER may require and in the number of copies Documents . specified in the General Requirements . The data shown on the Shop Drawings will be complete with 2 . Each submittal shall bear a stamp or respect to quantities , dimensions , specified perfor- specific written indication that CONTRACTOR mance and design criteria , materials , and similar data has satisfied CONTRACTOR ' s obligations to show ENGINEER the services , materials , and under the Contract Documents with respect to equipment CONTRACTOR proposes to provide and CONTRACTOR ' s review and approval of that to enable ENGINEER to review the information for the submittal . limited purposes required by paragraph 6 . 17 . E . 3 . At the time of each submittal , CON - B . CONTRACTOR shall also submit Samples to TRACTOR shall give ENGINEER specific ENGINEER for review and approval in accordance written notice of such variations , if any , that the with the acceptable schedule of Shop Drawings and Shop Drawing or Sample submitted may have Sample submittals . Each Sample will be identified from the requirements of the Contract clearly as to material , Supplier, pertinent data such as Documents , such notice to be in a written com - catalog numbers , and the use for which intended and munication separate from the submittal , and , in otherwise as ENGINEER may require to enable ENGI - addition , shall cause a specific notation to be NEER to review the submittal for the limited purposes made on each Shop Drawing and Sample sub- required by paragraph 6 . 17 . E . The numbers of each mitted to ENGINEER for review and approval of Sample to be submitted will be as specified in the each such variation . Specifications . E . ENGINEER 's Review C . Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop 1 . ENGINEER will timely review and Drawings and Sample submittals acceptable to ENGI - approve Shop Drawings and Samples in NEER as required by paragraph 2 . 07 , any related accordance with the schedule of Shop Work performed prior to ENGINEER ' s review and Drawings and Sample submittals acceptable to 00700 - General Conditions REV 04-07 00700 - 24 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07.doc 6 . 15 Hazard Communication Programs approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR . A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data D . Submittal Procedures sheets or other hazard communication information required to be made available to or exchanged be- 1 . Before submitting each Shop tween or among employers at the Site in accordance Drawing or Sample , CONTRACTOR shall have with Laws or Regulations . determined and verified : 6 . 16 Emergencies a . all field measurements , quantities , dimensions , specified performance criteria , A. In emergencies affecting the safety or protec- installation requirements , materials , catalog tion of persons or the Work or property at the Site or numbers , and similar information with adjacent thereto , CONTRACTOR is obligated to act to respect thereto ; prevent threatened damage , injury , or loss . CONTRACTOR shall give ENGINEER prompt written b . all materials with respect to intended notice if CONTRACTOR believes that any significant use , fabrication , shipping , handling , storage , changes in the Work or variations from the Contract assembly , and installation pertaining to the Documents have been caused thereby or are required performance of the Work ; as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- c . all information relative to means , cause of the action taken by CONTRACTOR in methods , techniques , sequences , and response to such an emergency , a Work Change procedures of construction and safety Directive or Change Order will be issued . precautions and programs incident thereto ; and 6 . 17 Shop Drawings and Samples d . CONTRACTOR shall also have A. CONTRACTOR shall submit Shop Drawings reviewed and coordinated each Shop to ENGINEER for review and approval in accordance Drawing or Sample with other Shop with the acceptable schedule of Shop Drawings and Drawings and Samples and with the Sample submittals . All submittals will be identified as requirements of the Work and the Contract ENGINEER may require and in the number of copies Documents . specified in the General Requirements . The data shown on the Shop Drawings will be complete with 2 . Each submittal shall bear a stamp or respect to quantities , dimensions , specified perfor- specific written indication that CONTRACTOR mance and design criteria , materials , and similar data has satisfied CONTRACTOR ' s obligations to show ENGINEER the services , materials , and under the Contract Documents with respect to equipment CONTRACTOR proposes to provide and CONTRACTOR ' s review and approval of that to enable ENGINEER to review the information for the submittal . limited purposes required by paragraph 6 . 17 . E . 3 . At the time of each submittal , CON - B . CONTRACTOR shall also submit Samples to TRACTOR shall give ENGINEER specific ENGINEER for review and approval in accordance written notice of such variations , if any , that the with the acceptable schedule of Shop Drawings and Shop Drawing or Sample submitted may have Sample submittals . Each Sample will be identified from the requirements of the Contract clearly as to material , Supplier, pertinent data such as Documents , such notice to be in a written com - catalog numbers , and the use for which intended and munication separate from the submittal , and , in otherwise as ENGINEER may require to enable ENGI - addition , shall cause a specific notation to be NEER to review the submittal for the limited purposes made on each Shop Drawing and Sample sub- required by paragraph 6 . 17 . E . The numbers of each mitted to ENGINEER for review and approval of Sample to be submitted will be as specified in the each such variation . Specifications . E . ENGINEER 's Review C . Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop 1 . ENGINEER will timely review and Drawings and Sample submittals acceptable to ENGI - approve Shop Drawings and Samples in NEER as required by paragraph 2 . 07 , any related accordance with the schedule of Shop Work performed prior to ENGINEER ' s review and Drawings and Sample submittals acceptable to 00700 - General Conditions REV 04-07 00700 - 24 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07.doc ENGINEER . ENGINEER 's review and approval will be only to determine if the items 6 . 19 CONTRACTOR 's General Warranty and covered by the submittals will , after installation Guarantee or incorporation in the Work , conform to the information given in the Contract Documents A . CONTRACTOR warrants and guarantees to and be compatible with the design concept of OWNER , ENGINEER , and ENGINEER ' s Consultants the completed Project as a functioning whole as that all Work will be in accordance with the Contract indicated by the Contract Documents . Documents and will not be defective . CONTRACTOR ' s warranty and guarantee hereunder 2 . ENGINEER' s review and approval excludes defects or damage caused by : will not extend to means , methods , techniques , sequences , or procedures of construction 1 . abuse , modification , or improper (except where a particular means , method , maintenance or operation by persons other technique , sequence , or procedure of con - than CONTRACTOR , Subcontractors , struction is specifically and expressly called for Suppliers , or any other individual or entity for by the Contract Documents ) or to safety whom CONTRACTOR is responsible ; or precautions or programs incident thereto . The review and approval of a separate item as such 2 . normal wear and tear under normal will not indicate approval of the assembly in usage . which the item functions . B . CONTRACTOR ' s obligation to perform and 3 . ENGINEER ' s review and approval of complete the Work in accordance with the Contract Shop Drawings or Samples shall not relieve Documents shall be absolute . None of the following CONTRACTOR from responsibility for any will constitute an acceptance of Work that is not in variation from the requirements of the Contract accordance with the Contract Documents or a release Documents unless CONTRACTOR has in of CONTRACTOR ' s obligation to perform the Work in writing called ENGINEER ' s attention to each accordance with the Contract Documents : such variation at the time of each submittal as required by paragraph 6 . 17 . D . 3 and ENGI - 1 . observations by ENGINEER ; NEER has given written approval of each such variation by specific written notation thereof 2 . recommendation by ENGINEER or incorporated in or accompanying the Shop payment by OWNER of any progress or final Drawing or Sample approval ; nor will any payment; approval by ENGINEER relieve CON - TRACTOR from responsibility for complying 3 . the issuance of a certificate of Sub- with the requirements of paragraph 6 . 17 . D . 1 . stantial Completion by ENGINEER or any F . Resubmittal Procedures payment related thereto by OWNER ; 4 . use or occupancy of the Work or any 1 . CONTRACTOR shall make correc- part thereof by OWNER ; tions required by ENGINEER and shall return the required number of corrected copies of 5 . any acceptance by OWNER or any Shop Drawings and submit as required new failure to do so , Samples for review and approval . CON - TRACTOR shall direct specific attention in 6 . any review and approval of a Shop writing to revisions other than the corrections Drawing or Sample submittal or the issuance of called for by ENGINEER on previous a notice of acceptability by ENGINEER ; submittals . 7 . any inspection , test, or approval by 6 . 18 Continuing the Work others ; or A . CONTRACTOR shall carry on the Work and 8 . any correction of defective Work by adhere to the progress schedule during all disputes or OWNER . disagreements with OWNER . No Work shall be delayed or postponed pending resolution of any 6 . 20 Indemnification disputes or disagreements , except as permitted by paragraph 15 . 04 or as OWNER and CONTRACTOR A . To the fullest extent permitted by Laws and may otherwise agree in writing . Regulations , CONTRACTOR shall indemnify and hold 00700 - General Conditions REV 04-07 00700 - 25 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07. doc ENGINEER . ENGINEER 's review and approval will be only to determine if the items 6 . 19 CONTRACTOR 's General Warranty and covered by the submittals will , after installation Guarantee or incorporation in the Work , conform to the information given in the Contract Documents A . CONTRACTOR warrants and guarantees to and be compatible with the design concept of OWNER , ENGINEER , and ENGINEER ' s Consultants the completed Project as a functioning whole as that all Work will be in accordance with the Contract indicated by the Contract Documents . Documents and will not be defective . CONTRACTOR ' s warranty and guarantee hereunder 2 . ENGINEER' s review and approval excludes defects or damage caused by : will not extend to means , methods , techniques , sequences , or procedures of construction 1 . abuse , modification , or improper (except where a particular means , method , maintenance or operation by persons other technique , sequence , or procedure of con - than CONTRACTOR , Subcontractors , struction is specifically and expressly called for Suppliers , or any other individual or entity for by the Contract Documents ) or to safety whom CONTRACTOR is responsible ; or precautions or programs incident thereto . The review and approval of a separate item as such 2 . normal wear and tear under normal will not indicate approval of the assembly in usage . which the item functions . B . CONTRACTOR ' s obligation to perform and 3 . ENGINEER ' s review and approval of complete the Work in accordance with the Contract Shop Drawings or Samples shall not relieve Documents shall be absolute . None of the following CONTRACTOR from responsibility for any will constitute an acceptance of Work that is not in variation from the requirements of the Contract accordance with the Contract Documents or a release Documents unless CONTRACTOR has in of CONTRACTOR ' s obligation to perform the Work in writing called ENGINEER ' s attention to each accordance with the Contract Documents : such variation at the time of each submittal as required by paragraph 6 . 17 . D . 3 and ENGI - 1 . observations by ENGINEER ; NEER has given written approval of each such variation by specific written notation thereof 2 . recommendation by ENGINEER or incorporated in or accompanying the Shop payment by OWNER of any progress or final Drawing or Sample approval ; nor will any payment; approval by ENGINEER relieve CON - TRACTOR from responsibility for complying 3 . the issuance of a certificate of Sub- with the requirements of paragraph 6 . 17 . D . 1 . stantial Completion by ENGINEER or any F . Resubmittal Procedures payment related thereto by OWNER ; 4 . use or occupancy of the Work or any 1 . CONTRACTOR shall make correc- part thereof by OWNER ; tions required by ENGINEER and shall return the required number of corrected copies of 5 . any acceptance by OWNER or any Shop Drawings and submit as required new failure to do so , Samples for review and approval . CON - TRACTOR shall direct specific attention in 6 . any review and approval of a Shop writing to revisions other than the corrections Drawing or Sample submittal or the issuance of called for by ENGINEER on previous a notice of acceptability by ENGINEER ; submittals . 7 . any inspection , test, or approval by 6 . 18 Continuing the Work others ; or A . CONTRACTOR shall carry on the Work and 8 . any correction of defective Work by adhere to the progress schedule during all disputes or OWNER . disagreements with OWNER . No Work shall be delayed or postponed pending resolution of any 6 . 20 Indemnification disputes or disagreements , except as permitted by paragraph 15 . 04 or as OWNER and CONTRACTOR A . To the fullest extent permitted by Laws and may otherwise agree in writing . Regulations , CONTRACTOR shall indemnify and hold 00700 - General Conditions REV 04-07 00700 - 25 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07. doc harmless OWNER , ENGINEER , ENGINEER 's opinions , reports , surveys , Change Orders , Consultants , and the officers , directors , partners , designs , or Specifications ; or employees , agents , and other consultants and subcontractors of each and any of them from and 2 . giving directions or instructions , or against all claims , costs , losses , and damages failing to give them , if that is the primary cause ( including but not limited to all fees and charges of of the injury or damage . engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to ARTICLE 7 - OTHER WORK the performance of the Work , provided that any such claim , cost, loss , or damage : 1 . is attributable to bodily injury , 7 . 01 Related Work at Site sickness , disease , or death , or to injury to or A. OWNER may perform other work related to destruction of tangible property (other than the the Project at the Site by OWNER 's employees , or let Work itself) , including the loss of use resulting other direct contracts therefor, or have other work therefrom ; and performed by utility owners . If such other work is not 2 . is caused in whole or in part by any noted in the Contract Documents , then : negligent act or omission of CONTRACTOR , 1 . written notice thereof will be given to any Subcontractor, any Supplier, or any CONTRACTOR prior to starting any such other individual or entity directly or indirectly work ; and employed by any of them to perform any of the Work or anyone for whose acts any of them 2 . if OWNER and CONTRACTOR are may be liable , regardless of whether or not unable to agree on entitlement to or on the caused in part by any negligence or omission of amount or extent, if any, of any adjustment in an individual or entity indemnified hereunder or the Contract Price or Contract Times that whether liability is imposed upon such indemni- should be allowed as a result of such other fied party by Laws and Regulations regardless work , a Claim may be made therefor as of the negligence of any such individual or provided in paragraph 10 . 05 . entity. B . CONTRACTOR shall afford each other B . In any and all claims against OWNER or contractor who is a party to such a direct contract and ENGINEER or any of their respective consultants , each utility owner ( and OWNER , if OWNER is per- agents , officers , directors , partners , or employees by forming the other work with OWNER 's employees) any employee (or the survivor or personal proper and safe access to the Site and a reasonable representative of such employee) of CONTRACTOR , opportunity for the introduction and storage of any Subcontractor, any Supplier, or any individual or materials and equipment and the execution of such entity directly or indirectly employed by any of them to other work and shall properly coordinate the Work with perform any of the Work , or anyone for whose acts theirs . Unless otherwise provided in the Contract any of them may be liable , the indemnification Documents , CONTRACTOR shall do all cutting , obligation under paragraph 6 . 20 . A shall not be limited fitting , and patching of the Work that may be required in any way by any limitation on the amount or type of to properly connect or otherwise make its several damages , compensation , or benefits payable by or for parts come together and properly integrate with such CONTRACTOR or any such Subcontractor, Supplier, other work . CONTRACTOR shall not endanger any or other individual or entity under workers' compen - work of others by cutting , excavating , or otherwise sation acts , disability benefit acts , or other employee altering their work and will only cut or alter their work benefit acts . with the written consent of ENGINEER and the others whose work will be affected . The duties and C . The indemnification obligations of CON - responsibilities of CONTRACTOR under this TRACTOR under paragraph 6 . 20 . A shall not extend to paragraph are for the benefit of such utility owners and the liability of ENGINEER and ENGINEER ' s other contractors to the extent that there are Consultants or to the officers , directors , partners , comparable provisions for the benefit of employees , agents , and other consultants and CONTRACTOR in said direct contracts between subcontractors of each and any of them arising out of: OWNER and such utility owners and other contractors . 1 . the preparation or approval of, or the failure to prepare or approve , maps , Drawings , 00700 - General Conditions REV 04-07 00700 - 26 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UOBCAT5B\00700 - General Conditions REV 04-07. doc harmless OWNER , ENGINEER , ENGINEER 's opinions , reports , surveys , Change Orders , Consultants , and the officers , directors , partners , designs , or Specifications ; or employees , agents , and other consultants and subcontractors of each and any of them from and 2 . giving directions or instructions , or against all claims , costs , losses , and damages failing to give them , if that is the primary cause ( including but not limited to all fees and charges of of the injury or damage . engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to ARTICLE 7 - OTHER WORK the performance of the Work , provided that any such claim , cost, loss , or damage : 1 . is attributable to bodily injury , 7 . 01 Related Work at Site sickness , disease , or death , or to injury to or A. OWNER may perform other work related to destruction of tangible property (other than the the Project at the Site by OWNER 's employees , or let Work itself) , including the loss of use resulting other direct contracts therefor, or have other work therefrom ; and performed by utility owners . If such other work is not 2 . is caused in whole or in part by any noted in the Contract Documents , then : negligent act or omission of CONTRACTOR , 1 . written notice thereof will be given to any Subcontractor, any Supplier, or any CONTRACTOR prior to starting any such other individual or entity directly or indirectly work ; and employed by any of them to perform any of the Work or anyone for whose acts any of them 2 . if OWNER and CONTRACTOR are may be liable , regardless of whether or not unable to agree on entitlement to or on the caused in part by any negligence or omission of amount or extent, if any, of any adjustment in an individual or entity indemnified hereunder or the Contract Price or Contract Times that whether liability is imposed upon such indemni- should be allowed as a result of such other fied party by Laws and Regulations regardless work , a Claim may be made therefor as of the negligence of any such individual or provided in paragraph 10 . 05 . entity. B . CONTRACTOR shall afford each other B . In any and all claims against OWNER or contractor who is a party to such a direct contract and ENGINEER or any of their respective consultants , each utility owner ( and OWNER , if OWNER is per- agents , officers , directors , partners , or employees by forming the other work with OWNER 's employees) any employee (or the survivor or personal proper and safe access to the Site and a reasonable representative of such employee) of CONTRACTOR , opportunity for the introduction and storage of any Subcontractor, any Supplier, or any individual or materials and equipment and the execution of such entity directly or indirectly employed by any of them to other work and shall properly coordinate the Work with perform any of the Work , or anyone for whose acts theirs . Unless otherwise provided in the Contract any of them may be liable , the indemnification Documents , CONTRACTOR shall do all cutting , obligation under paragraph 6 . 20 . A shall not be limited fitting , and patching of the Work that may be required in any way by any limitation on the amount or type of to properly connect or otherwise make its several damages , compensation , or benefits payable by or for parts come together and properly integrate with such CONTRACTOR or any such Subcontractor, Supplier, other work . CONTRACTOR shall not endanger any or other individual or entity under workers' compen - work of others by cutting , excavating , or otherwise sation acts , disability benefit acts , or other employee altering their work and will only cut or alter their work benefit acts . with the written consent of ENGINEER and the others whose work will be affected . The duties and C . The indemnification obligations of CON - responsibilities of CONTRACTOR under this TRACTOR under paragraph 6 . 20 . A shall not extend to paragraph are for the benefit of such utility owners and the liability of ENGINEER and ENGINEER ' s other contractors to the extent that there are Consultants or to the officers , directors , partners , comparable provisions for the benefit of employees , agents , and other consultants and CONTRACTOR in said direct contracts between subcontractors of each and any of them arising out of: OWNER and such utility owners and other contractors . 1 . the preparation or approval of, or the failure to prepare or approve , maps , Drawings , 00700 - General Conditions REV 04-07 00700 - 26 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UOBCAT5B\00700 - General Conditions REV 04-07. doc C . If the proper execution or results of any part of 8 . 03 Furnish Data CONTRACTOR 's Work depends upon work per- formed by others under this Article 7 , CONTRACTOR A. OWNER shall promptly furnish the data shall inspect such other work and promptly report to required of OWNER under the Contract Documents . ENGINEER in writing any delays , defects , or deficien - cies in such other work that render it unavailable or 8 . 04 Pay Promptly When Due unsuitable for the proper execution and results of CONTRACTOR 's Work . CONTRACTOR 's failure to A. OWNER shall make payments to CONTRAC - so report will constitute an acceptance of such other TOR promptly when they are due as provided in work as fit and proper for integration with paragraphs 14 . 02 . 0 and 14 . 07 . C . CONTRACTOR 's Work except for latent defects and deficiencies in such other work . 8 . 05 Lands and Easements; Reports and Tests 7 . 02 Coordination A. OWNER 's duties in respect of providing lands and easements and providing engineering surveys to A. If OWNER intends to contract with others for establish reference points are set forth in paragraphs the performance of other work on the Project at the 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to OWNER ' s Site , the following will be set forth in Supplementary identifying and making available to CONTRACTOR Conditions : copies of reports of explorations and tests of subsurface conditions and drawings of physical 1 . the individual or entity who will have conditions in or relating to existing surface or authority and responsibility for coordination of subsurface structures at or contiguous to the Site that the activities among the various contractors will have been utilized by ENGINEER in preparing the be identified ; Contract Documents . 2 . the specific matters to be covered by 8 . 06 Insurance such authority and responsibility will be itemized ; and A. OWNER ' s responsibilities , if any, in respect to purchasing and maintaining liability and property insur- 3 . the extent of such authority and ance are set forth in Article 5 . responsibilities will be provided . B . Unless otherwise provided in the 8 . 07 Change Orders Supplementary Conditions , OWNER shall have sole A. OWNER is obligated to execute Change authority and responsibility for such coordination . Orders as indicated in paragraph 10 . 03 . ARTICLE 8 - OWNER ' S RESPONSIBILITIES 8 . 08 Inspections, Tests, and Approvals A . OWNER ' s responsibility in respect to certain inspections , tests , and approvals is set forth in 8 . 01 Communications to Contractor paragraph 13 . 03 . B . A . Except as otherwise provided in these 8 . 09 Limitations on OWNER 's Responsibilities General Conditions , OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER . A. The OWNER shall not supervise , direct, or have control or authority over, nor be responsible for, 8 . 02 Replacement of ENGINEER CONTRACTOR ' s means , methods , techniques , se- quences , or procedures of construction , or the safety A . In case of termination of the employment of precautions and programs incident thereto , or for any ENGINEER , OWNER shall appoint an engineer to failure of CONTRACTOR to comply with Laws and whom CONTRACTOR makes no reasonable Regulations applicable to the performance of the objection , whose status under the Contract Work . OWNER will not be responsible for Documents shall be that of the former ENGINEER . CONTRACTOR 's failure to perform the Work in accordance with the Contract Documents . 00700 - General Conditions REV 04-07 00700 - 27 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07.doc C . If the proper execution or results of any part of 8 . 03 Furnish Data CONTRACTOR 's Work depends upon work per- formed by others under this Article 7 , CONTRACTOR A. OWNER shall promptly furnish the data shall inspect such other work and promptly report to required of OWNER under the Contract Documents . ENGINEER in writing any delays , defects , or deficien - cies in such other work that render it unavailable or 8 . 04 Pay Promptly When Due unsuitable for the proper execution and results of CONTRACTOR 's Work . CONTRACTOR 's failure to A. OWNER shall make payments to CONTRAC - so report will constitute an acceptance of such other TOR promptly when they are due as provided in work as fit and proper for integration with paragraphs 14 . 02 . 0 and 14 . 07 . C . CONTRACTOR 's Work except for latent defects and deficiencies in such other work . 8 . 05 Lands and Easements; Reports and Tests 7 . 02 Coordination A. OWNER 's duties in respect of providing lands and easements and providing engineering surveys to A. If OWNER intends to contract with others for establish reference points are set forth in paragraphs the performance of other work on the Project at the 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to OWNER ' s Site , the following will be set forth in Supplementary identifying and making available to CONTRACTOR Conditions : copies of reports of explorations and tests of subsurface conditions and drawings of physical 1 . the individual or entity who will have conditions in or relating to existing surface or authority and responsibility for coordination of subsurface structures at or contiguous to the Site that the activities among the various contractors will have been utilized by ENGINEER in preparing the be identified ; Contract Documents . 2 . the specific matters to be covered by 8 . 06 Insurance such authority and responsibility will be itemized ; and A. OWNER ' s responsibilities , if any, in respect to purchasing and maintaining liability and property insur- 3 . the extent of such authority and ance are set forth in Article 5 . responsibilities will be provided . B . Unless otherwise provided in the 8 . 07 Change Orders Supplementary Conditions , OWNER shall have sole A. OWNER is obligated to execute Change authority and responsibility for such coordination . Orders as indicated in paragraph 10 . 03 . ARTICLE 8 - OWNER ' S RESPONSIBILITIES 8 . 08 Inspections, Tests, and Approvals A . OWNER ' s responsibility in respect to certain inspections , tests , and approvals is set forth in 8 . 01 Communications to Contractor paragraph 13 . 03 . B . A . Except as otherwise provided in these 8 . 09 Limitations on OWNER 's Responsibilities General Conditions , OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER . A. The OWNER shall not supervise , direct, or have control or authority over, nor be responsible for, 8 . 02 Replacement of ENGINEER CONTRACTOR ' s means , methods , techniques , se- quences , or procedures of construction , or the safety A . In case of termination of the employment of precautions and programs incident thereto , or for any ENGINEER , OWNER shall appoint an engineer to failure of CONTRACTOR to comply with Laws and whom CONTRACTOR makes no reasonable Regulations applicable to the performance of the objection , whose status under the Contract Work . OWNER will not be responsible for Documents shall be that of the former ENGINEER . CONTRACTOR 's failure to perform the Work in accordance with the Contract Documents . 00700 - General Conditions REV 04-07 00700 - 27 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07.doc 8 . 10 Undisclosed Hazardous Environmental of ENGINEER ' s visits or observations of Condition CONTRACTOR' s Work ENGINEER will not supervise , direct, control , or have authority over or be A. OWNER ' s responsibility in respect to an responsible for CONTRACTOR ' s means , methods , undisclosed Hazardous Environmental Condition is techniques , sequences , or procedures of construction , set forth in paragraph 4 . 06 . or the safety precautions and programs incident thereto , or for any failure of CONTRACTOR to comply 8 . 11 Evidence of Financial Arrangements with Laws and Regulations applicable to the performance of the Work. A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that 9 . 03 Project Representative financial arrangements have been made to satisfy OWNER ' s obligations under the Contract Documents , A. If OWNER and ENGINEER agree , ENGI - OWNER' s responsibility in respect thereof will be as NEER will furnish a Resident Project Representative set forth in the Supplementary Conditions . to assist ENGINEER in providing more extensive observation of the Work . The responsibilities and authority and limitations thereon of any such Resident ARTICLE 9 - ENGINEER ' S STATUS DURING Project Representative and assistants will be as CONSTRUCTION provided in paragraph 9 . 10 and in the Supplementary Conditions . If OWNER designates another represen - tative or agent to represent OWNER at the Site who is 9 . 01 OWNER 'S Representative not ENGINEER ' s Consultant, agent or employee , the responsibilities and authority and limitations thereon of A . ENGINEER will be OWNER' s representative such other individual or entity will be as provided in the during the construction period . The duties and Supplementary Conditions . responsibilities and the limitations of authority of ENGINEER as OWNER Is representative during 9 . 04 Clarifications and Interpretations construction are set forth in the Contract Documents and will not be changed without written consent of A . ENGINEER will issue with reasonable OWNER and ENGINEER . promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9 . 02 Visits to Site as ENGINEER may determine necessary , which shall be consistent with the intent of and reasonably A. ENGINEER will make visits to the Site at inferable from the Contract Documents . Such written intervals appropriate to the various stages of construc- clarifications and interpretations will be binding on tion as ENGINEER deems necessary in order to OWNER and CONTRACTOR . If OWNER and CON - observe as an experienced and qualified design TRACTOR are unable to agree on entitlement to or on professional the progress that has been made and the the amount or extent , if any , of any adjustment in the quality of the various aspects of CONTRACTOR ' s Contract Price or Contract Times , or both , that should executed Work . Based on information obtained be allowed as a result of a written clarification or during such visits and observations , ENGINEER , for interpretation , a Claim may be made therefor as the benefit of OWNER , will determine , in general , if provided in paragraph 10 . 05 . the Work is proceeding in accordance with the Con- tract Documents . ENGINEER will not be required to 9 . 05 Authorized Variations in Work make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . A. ENGINEER may authorize minor variations in ENGINEER ' s efforts will be directed toward providing the Work from the requirements of the Contract for OWNER a greater degree of confidence that the Documents which do not involve an adjustment in the completed Work will conform generally to the Contract Contract Price or the Contract Times and are compati - Documents . On the basis of such visits and ble with the design concept of the completed Project observations , ENGINEER will keep OWNER informed as a functioning whole as indicated by the Contract of the progress of the Work and will endeavor to guard Documents . These may be accomplished by a Field OWNER against defective Work . Order and will be binding on OWNER and also on CONTRACTOR , who shall perform the Work involved B . ENGINEER ' s visits and observations are promptly. If OWNER and CONTRACTOR are unable subject to all the limitations on ENGINEER ' s authority to agree on entitlement to or on the amount or extent, and responsibility set forth in paragraph 9 . 10 , and if any , of any adjustment in the Contract Price or particularly , but without limitation , during or as a result Contract Times , or both , as a result of a Field Order, 00700 - General Conditions REV 04-07 00700 - 28 CADocuments and Settings\jwilllams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07. doc 8 . 10 Undisclosed Hazardous Environmental of ENGINEER ' s visits or observations of Condition CONTRACTOR' s Work ENGINEER will not supervise , direct, control , or have authority over or be A. OWNER ' s responsibility in respect to an responsible for CONTRACTOR ' s means , methods , undisclosed Hazardous Environmental Condition is techniques , sequences , or procedures of construction , set forth in paragraph 4 . 06 . or the safety precautions and programs incident thereto , or for any failure of CONTRACTOR to comply 8 . 11 Evidence of Financial Arrangements with Laws and Regulations applicable to the performance of the Work. A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that 9 . 03 Project Representative financial arrangements have been made to satisfy OWNER ' s obligations under the Contract Documents , A. If OWNER and ENGINEER agree , ENGI - OWNER' s responsibility in respect thereof will be as NEER will furnish a Resident Project Representative set forth in the Supplementary Conditions . to assist ENGINEER in providing more extensive observation of the Work . The responsibilities and authority and limitations thereon of any such Resident ARTICLE 9 - ENGINEER ' S STATUS DURING Project Representative and assistants will be as CONSTRUCTION provided in paragraph 9 . 10 and in the Supplementary Conditions . If OWNER designates another represen - tative or agent to represent OWNER at the Site who is 9 . 01 OWNER 'S Representative not ENGINEER ' s Consultant, agent or employee , the responsibilities and authority and limitations thereon of A . ENGINEER will be OWNER' s representative such other individual or entity will be as provided in the during the construction period . The duties and Supplementary Conditions . responsibilities and the limitations of authority of ENGINEER as OWNER Is representative during 9 . 04 Clarifications and Interpretations construction are set forth in the Contract Documents and will not be changed without written consent of A . ENGINEER will issue with reasonable OWNER and ENGINEER . promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9 . 02 Visits to Site as ENGINEER may determine necessary , which shall be consistent with the intent of and reasonably A. ENGINEER will make visits to the Site at inferable from the Contract Documents . Such written intervals appropriate to the various stages of construc- clarifications and interpretations will be binding on tion as ENGINEER deems necessary in order to OWNER and CONTRACTOR . If OWNER and CON - observe as an experienced and qualified design TRACTOR are unable to agree on entitlement to or on professional the progress that has been made and the the amount or extent , if any , of any adjustment in the quality of the various aspects of CONTRACTOR ' s Contract Price or Contract Times , or both , that should executed Work . Based on information obtained be allowed as a result of a written clarification or during such visits and observations , ENGINEER , for interpretation , a Claim may be made therefor as the benefit of OWNER , will determine , in general , if provided in paragraph 10 . 05 . the Work is proceeding in accordance with the Con- tract Documents . ENGINEER will not be required to 9 . 05 Authorized Variations in Work make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . A. ENGINEER may authorize minor variations in ENGINEER ' s efforts will be directed toward providing the Work from the requirements of the Contract for OWNER a greater degree of confidence that the Documents which do not involve an adjustment in the completed Work will conform generally to the Contract Contract Price or the Contract Times and are compati - Documents . On the basis of such visits and ble with the design concept of the completed Project observations , ENGINEER will keep OWNER informed as a functioning whole as indicated by the Contract of the progress of the Work and will endeavor to guard Documents . These may be accomplished by a Field OWNER against defective Work . Order and will be binding on OWNER and also on CONTRACTOR , who shall perform the Work involved B . ENGINEER ' s visits and observations are promptly. If OWNER and CONTRACTOR are unable subject to all the limitations on ENGINEER ' s authority to agree on entitlement to or on the amount or extent, and responsibility set forth in paragraph 9 . 10 , and if any , of any adjustment in the Contract Price or particularly , but without limitation , during or as a result Contract Times , or both , as a result of a Field Order, 00700 - General Conditions REV 04-07 00700 - 28 CADocuments and Settings\jwilllams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07. doc a Claim may be made therefor as provided in accordance with the provisions of paragraph 10 . 05 , paragraph 10 . 05 . with a request for a formal decision . 9 . 06 Rejecting Defective Work B . When functioning as interpreter and judge under this paragraph 9 . 09 , ENGINEER will not show A. ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will not or reject Work which ENGINEER believes to be be liable in connection with any interpretation or defective , or that ENGINEER believes will not produce decision rendered in good faith in such capacity . The a completed Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this Documents or that will prejudice the integrity of the paragraph 9 . 09 with respect to any such Claim , design concept of the completed Project as a dispute , or other matter (except any which have been functioning whole as indicated by the Contract waived by the making or acceptance of final payment Documents . ENGINEER will also have authority to as provided in paragraph 14 . 07) will be a condition require special inspection or testing of the Work as precedent to any exercise by OWNER or provided in paragraph 13 . 04 , whether or not the Work CONTRACTOR of such rights or remedies as either is fabricated , installed , or completed . may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim , 9 . 07 Shop Drawings, Change Orders and dispute , or other matter. Payments 9 . 10 Limitations on ENGINEER 's Authority and A. In connection with ENGINEER ' s authority as Responsibilities to Shop Drawings and Samples , see paragraph 6 . 17 . A. Neither ENGINEER 's authority or respon - B . In connection with ENGINEER 's authority as sibility under this Article 9 or under any other provision to Change Orders , see Articles 101 11 , and 12 . of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not C . In connection with ENGINEER ' s authority as exercise such authority or responsibility or the to Applications for Payment, see Article 14 . undertaking , exercise , or performance of any authority or responsibility by ENGINEER shall create , impose , 9 . 08 Determinations for Unit Price Work or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR , any Subcon - A. ENGINEER will determine the actual quanti- tractor, any Supplier, any other individual or entity , or ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them . by CONTRACTOR . ENGINEER will review with CONTRACTOR the ENGINEER 's preliminary B . ENGINEER will not supervise , direct, control , determinations on such matters before rendering a or have authority over or be responsible for written decision thereon ( by recommendation of an CONTRACTOR ' s means , methods , techniques , se- Application for Payment or otherwise) . ENGINEER ' s quences , or procedures of construction , or the safety written decision thereon will be final and binding precautions and programs incident thereto , or for any (except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and factual conditions or more accurate data) upon Regulations applicable to the performance of the OWNER and CONTRACTOR , subject to the Work . ENGINEER will not be responsible for provisions of paragraph 10 . 05 . CONTRACTOR' s failure to perform the Work in accordance with the Contract Documents . 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work C . ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any A . ENGINEER will be the initial interpreter of the Subcontractor, any Supplier, or of any other individual requirements of the Contract Documents and judge of or entity performing any of the Work . the acceptability of the Work thereunder. Claims , disputes and other matters relating to the acceptability D . ENGINEER 's review of the final Application of the Work , the quantities and classifications of Unit for Payment and accompanying documentation and all Price Work , the interpretation of the requirements of maintenance and operating instructions , schedules , the Contract Documents pertaining to the guarantees , Bonds , certificates of inspection , tests performance of the Work , and Claims seeking and approvals , and other documentation required to changes in the Contract Price or Contract Times will be delivered by paragraph 14 . 07 . A will only be to be referred initially to ENGINEER in writing , in determine generally that their content complies with the requirements of, and in the case of certificates of 00700 - General Conditions REV 04-07 00700 - 29 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc a Claim may be made therefor as provided in accordance with the provisions of paragraph 10 . 05 , paragraph 10 . 05 . with a request for a formal decision . 9 . 06 Rejecting Defective Work B . When functioning as interpreter and judge under this paragraph 9 . 09 , ENGINEER will not show A. ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will not or reject Work which ENGINEER believes to be be liable in connection with any interpretation or defective , or that ENGINEER believes will not produce decision rendered in good faith in such capacity . The a completed Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this Documents or that will prejudice the integrity of the paragraph 9 . 09 with respect to any such Claim , design concept of the completed Project as a dispute , or other matter (except any which have been functioning whole as indicated by the Contract waived by the making or acceptance of final payment Documents . ENGINEER will also have authority to as provided in paragraph 14 . 07) will be a condition require special inspection or testing of the Work as precedent to any exercise by OWNER or provided in paragraph 13 . 04 , whether or not the Work CONTRACTOR of such rights or remedies as either is fabricated , installed , or completed . may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim , 9 . 07 Shop Drawings, Change Orders and dispute , or other matter. Payments 9 . 10 Limitations on ENGINEER 's Authority and A. In connection with ENGINEER ' s authority as Responsibilities to Shop Drawings and Samples , see paragraph 6 . 17 . A. Neither ENGINEER 's authority or respon - B . In connection with ENGINEER 's authority as sibility under this Article 9 or under any other provision to Change Orders , see Articles 101 11 , and 12 . of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not C . In connection with ENGINEER ' s authority as exercise such authority or responsibility or the to Applications for Payment, see Article 14 . undertaking , exercise , or performance of any authority or responsibility by ENGINEER shall create , impose , 9 . 08 Determinations for Unit Price Work or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR , any Subcon - A. ENGINEER will determine the actual quanti- tractor, any Supplier, any other individual or entity , or ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them . by CONTRACTOR . ENGINEER will review with CONTRACTOR the ENGINEER 's preliminary B . ENGINEER will not supervise , direct, control , determinations on such matters before rendering a or have authority over or be responsible for written decision thereon ( by recommendation of an CONTRACTOR ' s means , methods , techniques , se- Application for Payment or otherwise) . ENGINEER ' s quences , or procedures of construction , or the safety written decision thereon will be final and binding precautions and programs incident thereto , or for any (except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and factual conditions or more accurate data) upon Regulations applicable to the performance of the OWNER and CONTRACTOR , subject to the Work . ENGINEER will not be responsible for provisions of paragraph 10 . 05 . CONTRACTOR' s failure to perform the Work in accordance with the Contract Documents . 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work C . ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any A . ENGINEER will be the initial interpreter of the Subcontractor, any Supplier, or of any other individual requirements of the Contract Documents and judge of or entity performing any of the Work . the acceptability of the Work thereunder. Claims , disputes and other matters relating to the acceptability D . ENGINEER 's review of the final Application of the Work , the quantities and classifications of Unit for Payment and accompanying documentation and all Price Work , the interpretation of the requirements of maintenance and operating instructions , schedules , the Contract Documents pertaining to the guarantees , Bonds , certificates of inspection , tests performance of the Work , and Claims seeking and approvals , and other documentation required to changes in the Contract Price or Contract Times will be delivered by paragraph 14 . 07 . A will only be to be referred initially to ENGINEER in writing , in determine generally that their content complies with the requirements of, and in the case of certificates of 00700 - General Conditions REV 04-07 00700 - 29 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc inspections , tests , and approvals that the results 2 . changes in the Contract Price or certified indicate compliance with , the Contract Contract Times which are agreed to by the Documents . parties , including any undisputed sum or amount of time for Work actually performed in E . The limitations upon authority and responsibil- accordance with a Work Change Directive ; and ity set forth in this paragraph 9 . 10 shall also apply to ENGINEER ' s Consultants , Resident Project Repre- 3 . changes in the Contract Price or sentative , and assistants . Contract Times which embody the substance of any written decision rendered by ENGINEER ARTICLE 10 - CHANGES IN THE WORK; CLAIMS pursuant to paragraph 10 . 05 ; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in 10 . 01 Authorized Changes in the Work accordance with the provisions of the Contract Documents and applicable Laws and Regula- A. Without invalidating the Agreement and tions , but during any such appeal , without notice to any surety, OWNER may , at any time CONTRACTOR shall carry on the Work and or from time to time , order additions , deletions , or adhere to the progress schedule as provided in revisions in the Work by a Written Amendment, a paragraph 6 . 18 . A. Change Order, or a Work Change Directive . Upon receipt of any such document, CONTRACTOR shall 10 . 04 Notification to Surety promptly proceed with the Work involved which will be performed under the applicable conditions of the A. If notice of any change affecting the general Contract Documents (except as otherwise specifically scope of the Work or the provisions of the Contract provided ) . Documents ( including , but not limited to , Contract Price or Contract Times ) is required by the provisions B . If OWNER and CONTRACTOR are unable to of any Bond to be given to a surety , the giving of any agree on entitlement to , or on the amount or extent, if such notice will be CONTRACTOR ' s responsibility. any , of an adjustment in the Contract Price or Contract The amount of each applicable Bond will be adjusted Times , or both , that should be allowed as a result of a to reflect the effect of any such change . Work Change Directive , a Claim may be made therefor as provided in paragraph 10 . 05 . 10 . 02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended , modified , or supplemented as provided in paragraph 3 . 04 , except in the case of an emergency as provided in paragraph 6 . 16 or in the case of uncovering Work as provided in paragraph 13 . 04 . B . 10 . 03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI - NEER ( or Written Amendments) covering : 1 . changes in the Work which are : ( i ) ordered by OWNER pursuant to paragraph 10 . 01 . A , ( ii ) required because of acceptance of defective Work under paragraph 13 . 08 . A or OWNER ' s correction of defective Work under paragraph 13 . 09 , or ( iii ) agreed to by the parties ; 00700 - General Conditions REV 04-07 00700 - 30 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\UO8CAT5B\00700 - General Conditions REV 04-07 . doc inspections , tests , and approvals that the results 2 . changes in the Contract Price or certified indicate compliance with , the Contract Contract Times which are agreed to by the Documents . parties , including any undisputed sum or amount of time for Work actually performed in E . The limitations upon authority and responsibil- accordance with a Work Change Directive ; and ity set forth in this paragraph 9 . 10 shall also apply to ENGINEER ' s Consultants , Resident Project Repre- 3 . changes in the Contract Price or sentative , and assistants . Contract Times which embody the substance of any written decision rendered by ENGINEER ARTICLE 10 - CHANGES IN THE WORK; CLAIMS pursuant to paragraph 10 . 05 ; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in 10 . 01 Authorized Changes in the Work accordance with the provisions of the Contract Documents and applicable Laws and Regula- A. Without invalidating the Agreement and tions , but during any such appeal , without notice to any surety, OWNER may , at any time CONTRACTOR shall carry on the Work and or from time to time , order additions , deletions , or adhere to the progress schedule as provided in revisions in the Work by a Written Amendment, a paragraph 6 . 18 . A. Change Order, or a Work Change Directive . Upon receipt of any such document, CONTRACTOR shall 10 . 04 Notification to Surety promptly proceed with the Work involved which will be performed under the applicable conditions of the A. If notice of any change affecting the general Contract Documents (except as otherwise specifically scope of the Work or the provisions of the Contract provided ) . Documents ( including , but not limited to , Contract Price or Contract Times ) is required by the provisions B . If OWNER and CONTRACTOR are unable to of any Bond to be given to a surety , the giving of any agree on entitlement to , or on the amount or extent, if such notice will be CONTRACTOR ' s responsibility. any , of an adjustment in the Contract Price or Contract The amount of each applicable Bond will be adjusted Times , or both , that should be allowed as a result of a to reflect the effect of any such change . Work Change Directive , a Claim may be made therefor as provided in paragraph 10 . 05 . 10 . 02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended , modified , or supplemented as provided in paragraph 3 . 04 , except in the case of an emergency as provided in paragraph 6 . 16 or in the case of uncovering Work as provided in paragraph 13 . 04 . B . 10 . 03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI - NEER ( or Written Amendments) covering : 1 . changes in the Work which are : ( i ) ordered by OWNER pursuant to paragraph 10 . 01 . A , ( ii ) required because of acceptance of defective Work under paragraph 13 . 08 . A or OWNER ' s correction of defective Work under paragraph 13 . 09 , or ( iii ) agreed to by the parties ; 00700 - General Conditions REV 04-07 00700 - 30 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\UO8CAT5B\00700 - General Conditions REV 04-07 . doc 10 . 05 Claims and Disputes C . If ENGINEER does not render a formal A. Notice: Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim , dispute , or other matter shall be 10 . 05 . 13 , a decision denying the Claim in its entirety delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly ( but in no event later receipt of the last submittal of the claimant or the last than 30 days) after the start of the event giving rise submittal of the opposing party, if any. thereto . Notice of the amount or extent of the Claim , dispute , or other matter with supporting data shall be D . No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times (or Milestones ) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10 . 05 . ( unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim , dispute , or other matter) . A Claim for ARTICLE 11 - COST OF THE WORK ; CASH an adjustment in Contract Price shall be prepared in ALLOWANCES ; UNIT PRICE WORK accordance with the provisions of paragraph 12 . 01 . 13 . A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of 11 . 01 Cost of the Work paragraph 12 . 02 . B . Each Claim shall be accom - panied by claimant' s written statement that the adjust- A . Costs Included: The term Cost of the Work ment claimed is the entire adjustment to which the means the sum of all costs necessarily incurred and claimant believes it is entitled as a result of said event. paid by CONTRACTOR in the proper performance of The opposing party shall submit any response to the Work . When the value of any Work covered by a ENGINEER and the claimant within 30 days after Change Order or when a Claim for an adjustment in receipt of the claimant's last submittal ( unless Contract Price is determined on the basis of Cost of ENGINEER allows additional time ) . the Work , the costs to be reimbursed to CONTRACTOR will be only those additional or B . ENGINEER 's Decision: ENGINEER will incremental costs required because of the change in render a formal decision in writing within 30 days after the Work or because of the event giving rise to the receipt of the last submittal of the claimant or the last Claim . Except as otherwise may be agreed to in submittal of the opposing party, if any. ENGINEER ' s writing by OWNER , such costs shall be in amounts no written decision on such Claim , dispute , or other higher than those prevailing in the locality of the matter will be final and binding upon OWNER and Project, shall include only the following items , and CONTRACTOR unless : shall not include any of the costs itemized in para- graph 11 . 01 . 13 . 1 . an appeal from ENGINEER ' s decision is taken within the time limits and in 1 . Payroll costs for employees in the accordance with the dispute resolution direct employ of CONTRACTOR in the perfor- procedures set forth in Article 16 ; or mance of the Work under schedules of job classifications agreed upon by OWNER and 2 . if no such dispute resolution CONTRACTOR . Such employees shall include procedures have been set forth in Article 16 , a without limitation superintendents , foremen , written notice of intention to appeal from and other personnel employed full time at the ENGINEER 's written decision is delivered by Site . Payroll costs for employees not employed OWNER or CONTRACTOR to the other and to full time on the Work shall be apportioned on ENGINEER within 30 days after the date of the basis of their time spent on the Work . such decision , and a formal proceeding is Payroll costs shall include , but not be limited to , instituted by the appealing party in a forum of salaries and wages plus the cost of fringe competent jurisdiction within 60 days after the benefits , which shall include social security date of such decision or within 60 days after contributions , unemployment, excise , and Substantial Completion , whichever is later payroll taxes , workers' compensation , health ( unless otherwise agreed in writing by OWNER and retirement benefits , bonuses , sick leave , and CONTRACTOR) , to exercise such rights or vacation and holiday pay applicable thereto . remedies as the appealing party may have with The expenses of performing Work outside of respect to such Claim , dispute , or other matter regular working hours , on Saturday , Sunday , or in accordance with applicable Laws and legal holidays , shall be included in the above to Regulations . the extent authorized by OWNER . 00700 - General Conditions REV 04-07 00700 - 31 CADOCUments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT58\00700 - General Conditions REV 04-07.doc 10 . 05 Claims and Disputes C . If ENGINEER does not render a formal A. Notice: Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim , dispute , or other matter shall be 10 . 05 . 13 , a decision denying the Claim in its entirety delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly ( but in no event later receipt of the last submittal of the claimant or the last than 30 days) after the start of the event giving rise submittal of the opposing party, if any. thereto . Notice of the amount or extent of the Claim , dispute , or other matter with supporting data shall be D . No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times (or Milestones ) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10 . 05 . ( unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim , dispute , or other matter) . A Claim for ARTICLE 11 - COST OF THE WORK ; CASH an adjustment in Contract Price shall be prepared in ALLOWANCES ; UNIT PRICE WORK accordance with the provisions of paragraph 12 . 01 . 13 . A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of 11 . 01 Cost of the Work paragraph 12 . 02 . B . Each Claim shall be accom - panied by claimant' s written statement that the adjust- A . Costs Included: The term Cost of the Work ment claimed is the entire adjustment to which the means the sum of all costs necessarily incurred and claimant believes it is entitled as a result of said event. paid by CONTRACTOR in the proper performance of The opposing party shall submit any response to the Work . When the value of any Work covered by a ENGINEER and the claimant within 30 days after Change Order or when a Claim for an adjustment in receipt of the claimant's last submittal ( unless Contract Price is determined on the basis of Cost of ENGINEER allows additional time ) . the Work , the costs to be reimbursed to CONTRACTOR will be only those additional or B . ENGINEER 's Decision: ENGINEER will incremental costs required because of the change in render a formal decision in writing within 30 days after the Work or because of the event giving rise to the receipt of the last submittal of the claimant or the last Claim . Except as otherwise may be agreed to in submittal of the opposing party, if any. ENGINEER ' s writing by OWNER , such costs shall be in amounts no written decision on such Claim , dispute , or other higher than those prevailing in the locality of the matter will be final and binding upon OWNER and Project, shall include only the following items , and CONTRACTOR unless : shall not include any of the costs itemized in para- graph 11 . 01 . 13 . 1 . an appeal from ENGINEER ' s decision is taken within the time limits and in 1 . Payroll costs for employees in the accordance with the dispute resolution direct employ of CONTRACTOR in the perfor- procedures set forth in Article 16 ; or mance of the Work under schedules of job classifications agreed upon by OWNER and 2 . if no such dispute resolution CONTRACTOR . Such employees shall include procedures have been set forth in Article 16 , a without limitation superintendents , foremen , written notice of intention to appeal from and other personnel employed full time at the ENGINEER 's written decision is delivered by Site . Payroll costs for employees not employed OWNER or CONTRACTOR to the other and to full time on the Work shall be apportioned on ENGINEER within 30 days after the date of the basis of their time spent on the Work . such decision , and a formal proceeding is Payroll costs shall include , but not be limited to , instituted by the appealing party in a forum of salaries and wages plus the cost of fringe competent jurisdiction within 60 days after the benefits , which shall include social security date of such decision or within 60 days after contributions , unemployment, excise , and Substantial Completion , whichever is later payroll taxes , workers' compensation , health ( unless otherwise agreed in writing by OWNER and retirement benefits , bonuses , sick leave , and CONTRACTOR) , to exercise such rights or vacation and holiday pay applicable thereto . remedies as the appealing party may have with The expenses of performing Work outside of respect to such Claim , dispute , or other matter regular working hours , on Saturday , Sunday , or in accordance with applicable Laws and legal holidays , shall be included in the above to Regulations . the extent authorized by OWNER . 00700 - General Conditions REV 04-07 00700 - 31 CADOCUments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT58\00700 - General Conditions REV 04-07.doc 2 . Cost of all materials and equipment in accordance with rental agreements approved furnished and incorporated in the Work , includ- by OWNER with the advice of ENGINEER , and ing costs of transportation and storage thereof, the costs of transportation , loading , unloading , and Suppliers' field services required in assembly, dismantling , and removal thereof. connection therewith . All cash discounts shall All such costs shall be in accordance with the accrue to CONTRACTOR unless OWNER terms of said rental agreements . The rental of deposits funds with CONTRACTOR with which any such equipment, machinery , or parts shall to make payments , in which case the cash cease when the use thereof is no longer discounts shall accrue to OWNER . All trade necessary for the Work . discounts , rebates and refunds and returns from sale of surplus materials and equipment d . Sales , consumer, use , and other shall accrue to OWNER , and CONTRACTOR similar taxes related to the Work , and for which shall make provisions so that they may be CONTRACTOR is liable , imposed by Laws and obtained . Regulations . 3 . Payments made by CONTRACTOR e . Deposits lost for causes other than to Subcontractors for Work performed by negligence of CONTRACTOR , any Sub- Subcontractors . If required by OWNER , CON - contractor, or anyone directly or indirectly TRACTOR shall obtain competitive bids from employed by any of them or for whose acts any subcontractors acceptable to OWNER and of them may be liable , and royalty payments CONTRACTOR and shall deliver such bids to and fees for permits and licenses . OWNER , who will then determine , with the advice of ENGINEER , which bids , if any, will be f. Losses and damages (and related acceptable . If any subcontract provides that the expenses) caused by damage to the Work , not Subcontractor is to be paid on the basis of Cost compensated by insurance or otherwise , sus- of the Work plus a fee , the Subcontractor' s tained by CONTRACTOR in connection with Cost of the Work and fee shall be determined the performance of the Work (except losses in the same manner as CONTRACTOR 's Cost and damages within the deductible amounts of of the Work and fee as provided in this para - property insurance established in accordance graph 11 . 01 . with paragraph 5 . 06 . D ) , provided such losses and damages have resulted from causes other 4 . Costs of special consultants than the negligence of CONTRACTOR , any ( including but not limited to engineers , Subcontractor, or anyone directly or indirectly architects , testing laboratories , surveyors , employed by any of them or for whose acts any attorneys , and accountants) employed for of them may be liable . Such losses shall services specifically related to the Work . include settlements made with the written consent and approval of OWNER . No such 5 . Supplemental costs including the losses , damages , and expenses shall be following : included in the Cost of the Work for the purpose of determining CONTRACTOR Is fee . a . The proportion of necessary trans- portation , travel , and subsistence expenses of g . The cost of utilities , fuel , and sanitary CONTRACTOR ' s employees incurred in dis- facilities at the Site . charge of duties connected with the Work . h . Minor expenses such as telegrams , b . Cost, including transportation and long distance telephone calls , telephone service maintenance , of all materials , supplies , equip- at the Site , expressage , and similar petty cash ment, machinery , appliances , office , and items in connection with the Work . temporary facilities at the Site , and hand tools not owned by the workers , which are consumed i . When the Cost of the Work is used to in the performance of the Work , and cost, less determine the value of a Change Order or of a market value , of such items used but not con - Claim , the cost of premiums for additional sumed which remain the property of CON - Bonds and insurance required because of the TRACTOR . changes in the Work or caused by the event giving rise to the Claim . C. Rentals of all construction equip- ment and machinery , and the parts thereof j . When all the Work is performed on the whether rented from CONTRACTOR or others basis of cost-plus , the costs of premiums for all 00700 - General Conditions REV 04-07 00700 - 32 C :Tocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07.doc 2 . Cost of all materials and equipment in accordance with rental agreements approved furnished and incorporated in the Work , includ- by OWNER with the advice of ENGINEER , and ing costs of transportation and storage thereof, the costs of transportation , loading , unloading , and Suppliers' field services required in assembly, dismantling , and removal thereof. connection therewith . All cash discounts shall All such costs shall be in accordance with the accrue to CONTRACTOR unless OWNER terms of said rental agreements . The rental of deposits funds with CONTRACTOR with which any such equipment, machinery , or parts shall to make payments , in which case the cash cease when the use thereof is no longer discounts shall accrue to OWNER . All trade necessary for the Work . discounts , rebates and refunds and returns from sale of surplus materials and equipment d . Sales , consumer, use , and other shall accrue to OWNER , and CONTRACTOR similar taxes related to the Work , and for which shall make provisions so that they may be CONTRACTOR is liable , imposed by Laws and obtained . Regulations . 3 . Payments made by CONTRACTOR e . Deposits lost for causes other than to Subcontractors for Work performed by negligence of CONTRACTOR , any Sub- Subcontractors . If required by OWNER , CON - contractor, or anyone directly or indirectly TRACTOR shall obtain competitive bids from employed by any of them or for whose acts any subcontractors acceptable to OWNER and of them may be liable , and royalty payments CONTRACTOR and shall deliver such bids to and fees for permits and licenses . OWNER , who will then determine , with the advice of ENGINEER , which bids , if any, will be f. Losses and damages (and related acceptable . If any subcontract provides that the expenses) caused by damage to the Work , not Subcontractor is to be paid on the basis of Cost compensated by insurance or otherwise , sus- of the Work plus a fee , the Subcontractor' s tained by CONTRACTOR in connection with Cost of the Work and fee shall be determined the performance of the Work (except losses in the same manner as CONTRACTOR 's Cost and damages within the deductible amounts of of the Work and fee as provided in this para - property insurance established in accordance graph 11 . 01 . with paragraph 5 . 06 . D ) , provided such losses and damages have resulted from causes other 4 . Costs of special consultants than the negligence of CONTRACTOR , any ( including but not limited to engineers , Subcontractor, or anyone directly or indirectly architects , testing laboratories , surveyors , employed by any of them or for whose acts any attorneys , and accountants) employed for of them may be liable . Such losses shall services specifically related to the Work . include settlements made with the written consent and approval of OWNER . No such 5 . Supplemental costs including the losses , damages , and expenses shall be following : included in the Cost of the Work for the purpose of determining CONTRACTOR Is fee . a . The proportion of necessary trans- portation , travel , and subsistence expenses of g . The cost of utilities , fuel , and sanitary CONTRACTOR ' s employees incurred in dis- facilities at the Site . charge of duties connected with the Work . h . Minor expenses such as telegrams , b . Cost, including transportation and long distance telephone calls , telephone service maintenance , of all materials , supplies , equip- at the Site , expressage , and similar petty cash ment, machinery , appliances , office , and items in connection with the Work . temporary facilities at the Site , and hand tools not owned by the workers , which are consumed i . When the Cost of the Work is used to in the performance of the Work , and cost, less determine the value of a Change Order or of a market value , of such items used but not con - Claim , the cost of premiums for additional sumed which remain the property of CON - Bonds and insurance required because of the TRACTOR . changes in the Work or caused by the event giving rise to the Claim . C. Rentals of all construction equip- ment and machinery , and the parts thereof j . When all the Work is performed on the whether rented from CONTRACTOR or others basis of cost-plus , the costs of premiums for all 00700 - General Conditions REV 04-07 00700 - 32 C :Tocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07.doc Bonds and insurance CONTRACTOR is D . Documentation: Whenever the Cost of the required by the Contract Documents to Work for any purpose is to be determined pursuant to purchase and maintain . paragraphs 11 . 01 . A and 11 . 01 . 13 , CONTRACTOR will establish and maintain records thereof in accordance B . Costs Excluded: The term Cost of the Work with generally accepted accounting practices and shall not include any of the following items : submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting 1 . Payroll costs and other compensation data . of CONTRACTOR ' s officers , executives , princi- pals (of partnerships and sole proprietorships) , 11 . 02 Cash Allowances general managers , engineers , architects , estimators , attorneys , auditors , accountants , A. It is understood that CONTRACTOR has in - purchasing and contracting agents , expediters , cluded in the Contract Price all allowances so named timekeepers , clerks , and other personnel in the Contract Documents and shall cause the Work employed by CONTRACTOR , whether at the so covered to be performed for such sums as may be Site or in CONTRACTOR ' s principal or branch acceptable to OWNER and ENGINEER . office for general administration of the Work CONTRACTOR agrees that: and not specifically included in the agreed upon schedule of job classifications referred to in 1 . the allowances include the cost to paragraph 11 . 01 . A. 1 or specifically covered by CONTRACTOR ( less any applicable trade paragraph 11 . 01 . A . 4 , all of which are to be discounts ) of materials and equipment required considered administrative costs covered by the by the allowances to be delivered at the Site , CONTRACTOR ' s fee . and all applicable taxes ; and 2 . Expenses of CONTRACTOR ' s princi- 2 . CONTRACTOR ' s costs for unloading pal and branch offices other than and handling on the Site , labor, installation CONTRACTOR 's office at the Site . costs , overhead , profit, and other expenses contemplated for the allowances have been 3 . Any part of CONTRACTOR ' s capital included in the Contract Price and not in the expenses , including interest on allowances , and no demand for additional CONTRACTOR ' s capital employed for the payment on account of any of the foregoing will Work and charges against CONTRACTOR for be valid . delinquent payments . B . Prior to final payment, an appropriate Change 4 . Costs due to the negligence of CON - Order will be issued as recommended by ENGINEER TRACTOR , any Subcontractor, or anyone to reflect actual amounts due CONTRACTOR on directly or indirectly employed by any of them or account of Work covered by allowances , and the Con - for whose acts any of them may be liable , tract Price shall be correspondingly adjusted . including but not limited to , the correction of defective Work , disposal of materials or 11 . 03 Unit Price Work equipment wrongly supplied , and making good any damage to property . A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work , initially 5 . Other overhead or general expense the Contract Price will be deemed to include for all costs of any kind and the costs of any item not Unit Price Work an amount equal to the sum of the specifically and expressly included in unit price for each separately identified item of Unit paragraphs 11 . 01 . A and 11 . 01 . B . Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated C . CONTRACTOR 's Fee: When all the Work is quantities of items of Unit Price Work are not guaran - performed on the basis of cost- plus , CONTRACTOR ' s teed and are solely for the purpose of comparison of fee shall be determined as set forth in the Agreement. Bids and determining an initial Contract Price . Deter- When the value of any Work covered by a Change minations of the actual quantities and classifications of Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be Price is determined on the basis of Cost of the Work , made by ENGINEER subject to the provisions of CONTRACTOR ' s fee shall be determined as set forth paragraph 9 . 08 . in paragraph 12 . 01 . C . B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 00700 - General Conditions REV 04-07 00700 - 33 C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07. doc Bonds and insurance CONTRACTOR is D . Documentation: Whenever the Cost of the required by the Contract Documents to Work for any purpose is to be determined pursuant to purchase and maintain . paragraphs 11 . 01 . A and 11 . 01 . 13 , CONTRACTOR will establish and maintain records thereof in accordance B . Costs Excluded: The term Cost of the Work with generally accepted accounting practices and shall not include any of the following items : submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting 1 . Payroll costs and other compensation data . of CONTRACTOR ' s officers , executives , princi- pals (of partnerships and sole proprietorships) , 11 . 02 Cash Allowances general managers , engineers , architects , estimators , attorneys , auditors , accountants , A. It is understood that CONTRACTOR has in - purchasing and contracting agents , expediters , cluded in the Contract Price all allowances so named timekeepers , clerks , and other personnel in the Contract Documents and shall cause the Work employed by CONTRACTOR , whether at the so covered to be performed for such sums as may be Site or in CONTRACTOR ' s principal or branch acceptable to OWNER and ENGINEER . office for general administration of the Work CONTRACTOR agrees that: and not specifically included in the agreed upon schedule of job classifications referred to in 1 . the allowances include the cost to paragraph 11 . 01 . A. 1 or specifically covered by CONTRACTOR ( less any applicable trade paragraph 11 . 01 . A . 4 , all of which are to be discounts ) of materials and equipment required considered administrative costs covered by the by the allowances to be delivered at the Site , CONTRACTOR ' s fee . and all applicable taxes ; and 2 . Expenses of CONTRACTOR ' s princi- 2 . CONTRACTOR ' s costs for unloading pal and branch offices other than and handling on the Site , labor, installation CONTRACTOR 's office at the Site . costs , overhead , profit, and other expenses contemplated for the allowances have been 3 . Any part of CONTRACTOR ' s capital included in the Contract Price and not in the expenses , including interest on allowances , and no demand for additional CONTRACTOR ' s capital employed for the payment on account of any of the foregoing will Work and charges against CONTRACTOR for be valid . delinquent payments . B . Prior to final payment, an appropriate Change 4 . Costs due to the negligence of CON - Order will be issued as recommended by ENGINEER TRACTOR , any Subcontractor, or anyone to reflect actual amounts due CONTRACTOR on directly or indirectly employed by any of them or account of Work covered by allowances , and the Con - for whose acts any of them may be liable , tract Price shall be correspondingly adjusted . including but not limited to , the correction of defective Work , disposal of materials or 11 . 03 Unit Price Work equipment wrongly supplied , and making good any damage to property . A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work , initially 5 . Other overhead or general expense the Contract Price will be deemed to include for all costs of any kind and the costs of any item not Unit Price Work an amount equal to the sum of the specifically and expressly included in unit price for each separately identified item of Unit paragraphs 11 . 01 . A and 11 . 01 . B . Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated C . CONTRACTOR 's Fee: When all the Work is quantities of items of Unit Price Work are not guaran - performed on the basis of cost- plus , CONTRACTOR ' s teed and are solely for the purpose of comparison of fee shall be determined as set forth in the Agreement. Bids and determining an initial Contract Price . Deter- When the value of any Work covered by a Change minations of the actual quantities and classifications of Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be Price is determined on the basis of Cost of the Work , made by ENGINEER subject to the provisions of CONTRACTOR ' s fee shall be determined as set forth paragraph 9 . 08 . in paragraph 12 . 01 . C . B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 00700 - General Conditions REV 04-07 00700 - 33 C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07. doc quate to cover CONTRACTOR ' s overhead and profit Documents and agreement to a lump sum is for each separately identified item . not reached under paragraph 12 . 01 . 8 . 2 , on the basis of the Cost of the Work ( determined as C . OWNER or CONTRACTOR may make a provided in paragraph 11 . 01 ) plus a Claim for an adjustment in the Contract Price in accor- CONTRACTOR ' s fee for overhead and profit dance with paragraph 10 . 05 if: (determined as provided in paragraph 12 . 01 . C ) . 1 . the quantity of any item of Unit Price C . CONTRACTOR 's Fee. The Work performed by CONTRACTOR differs CONTRACTOR ' s fee for overhead and profit shall be materially and significantly from the estimated determined as follows : quantity of such item indicated in the Agreement; and 1 . a mutually acceptable fixed fee ; or 2 . there is no corresponding adjustment 2 . if a fixed fee is not agreed upon , then with respect any other item of Work; and a fee based on the following percentages of the various portions of the Cost of the Work : 3 . if CONTRACTOR believes that CONTRACTOR is entitled to an increase in a . for costs incurred under para- Contract Price as a result of having incurred graphs 11 . 01 . A. 1 and 11 . 01 . A. 2 , the additional expense or OWNER believes that CONTRACTOR ' s fee shall be 15 percent; OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to b . for costs incurred under paragraph the amount of any such increase or decrease . 11 . 01 . A . 3 , the CONTRACTOR ' s fee shall be five percent; ARTICLE 12 - CHANGE OF CONTRACT PRICE ; c . where one or more tiers of subcon - CHANGE OF CONTRACT TIMES tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon , the intent of paragraph 12 . 01 . C . 2 . a is that 12 . 01 Change of Contract Price the Subcontractor who actually performs the Work , at whatever tier, will be paid a fee A. The Contract Price may only be changed by a of 15 percent of the costs incurred by such Change Order or by a Written Amendment. Any Subcontractor under paragraphs 11 . 01 . A. 1 Claim for an adjustment in the Contract Price shall be and 11 . 01 . A. 2 and that any higher tier based on written notice submitted by the party making Subcontractor and CONTRACTOR will the Claim to the ENGINEER and the other party to the each be paid a fee of five percent of the Contract in accordance with the provisions of para- amount paid to the next lower tier Subcon - graph 10 . 05 . tractor; B . The value of any Work covered by a Change d . no fee shall be payable on the Order or of any Claim for an adjustment in the basis of costs itemized under paragraphs Contract Price will be determined as follows : 11 . 01 . A . 41 11 . 01 . A. 5 , and 11 . 01 . 8 ; 1 . where the Work involved is covered e . the amount of credit to be allowed by unit prices contained in the Contract by CONTRACTOR to OWNER for any Documents , by application of such unit prices to change which results in a net decrease in the quantities of the items involved ( subject to cost will be the amount of the actual net the provisions of paragraph 11 . 03 ) ; or decrease in cost plus a deduction in CONTRACTOR' s fee by an amount equal 2 . where the Work involved is not cov- to five percent of such net decrease , and ered by unit prices contained in the Contract Documents , by a mutually agreed lump sum f. when both additions and credits are (which may include an allowance for overhead involved in any one change , the adjustment and profit not necessarily in accordance with in CONTRACTOR ' s fee shall be computed paragraph 12 . 01 . C . 2 ) ; or on the basis of the net change in accordance with paragraphs 12 . 01 . C . 2 . a 3 . where the Work involved is not cov- through 12 . 01 . C . 2 . e , inclusive . ered by unit prices contained in the Contract 00700 - General Conditions REV 04-07 00700 - 34 C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc quate to cover CONTRACTOR ' s overhead and profit Documents and agreement to a lump sum is for each separately identified item . not reached under paragraph 12 . 01 . 8 . 2 , on the basis of the Cost of the Work ( determined as C . OWNER or CONTRACTOR may make a provided in paragraph 11 . 01 ) plus a Claim for an adjustment in the Contract Price in accor- CONTRACTOR ' s fee for overhead and profit dance with paragraph 10 . 05 if: (determined as provided in paragraph 12 . 01 . C ) . 1 . the quantity of any item of Unit Price C . CONTRACTOR 's Fee. The Work performed by CONTRACTOR differs CONTRACTOR ' s fee for overhead and profit shall be materially and significantly from the estimated determined as follows : quantity of such item indicated in the Agreement; and 1 . a mutually acceptable fixed fee ; or 2 . there is no corresponding adjustment 2 . if a fixed fee is not agreed upon , then with respect any other item of Work; and a fee based on the following percentages of the various portions of the Cost of the Work : 3 . if CONTRACTOR believes that CONTRACTOR is entitled to an increase in a . for costs incurred under para- Contract Price as a result of having incurred graphs 11 . 01 . A. 1 and 11 . 01 . A. 2 , the additional expense or OWNER believes that CONTRACTOR ' s fee shall be 15 percent; OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to b . for costs incurred under paragraph the amount of any such increase or decrease . 11 . 01 . A . 3 , the CONTRACTOR ' s fee shall be five percent; ARTICLE 12 - CHANGE OF CONTRACT PRICE ; c . where one or more tiers of subcon - CHANGE OF CONTRACT TIMES tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon , the intent of paragraph 12 . 01 . C . 2 . a is that 12 . 01 Change of Contract Price the Subcontractor who actually performs the Work , at whatever tier, will be paid a fee A. The Contract Price may only be changed by a of 15 percent of the costs incurred by such Change Order or by a Written Amendment. Any Subcontractor under paragraphs 11 . 01 . A. 1 Claim for an adjustment in the Contract Price shall be and 11 . 01 . A. 2 and that any higher tier based on written notice submitted by the party making Subcontractor and CONTRACTOR will the Claim to the ENGINEER and the other party to the each be paid a fee of five percent of the Contract in accordance with the provisions of para- amount paid to the next lower tier Subcon - graph 10 . 05 . tractor; B . The value of any Work covered by a Change d . no fee shall be payable on the Order or of any Claim for an adjustment in the basis of costs itemized under paragraphs Contract Price will be determined as follows : 11 . 01 . A . 41 11 . 01 . A. 5 , and 11 . 01 . 8 ; 1 . where the Work involved is covered e . the amount of credit to be allowed by unit prices contained in the Contract by CONTRACTOR to OWNER for any Documents , by application of such unit prices to change which results in a net decrease in the quantities of the items involved ( subject to cost will be the amount of the actual net the provisions of paragraph 11 . 03 ) ; or decrease in cost plus a deduction in CONTRACTOR' s fee by an amount equal 2 . where the Work involved is not cov- to five percent of such net decrease , and ered by unit prices contained in the Contract Documents , by a mutually agreed lump sum f. when both additions and credits are (which may include an allowance for overhead involved in any one change , the adjustment and profit not necessarily in accordance with in CONTRACTOR ' s fee shall be computed paragraph 12 . 01 . C . 2 ) ; or on the basis of the net change in accordance with paragraphs 12 . 01 . C . 2 . a 3 . where the Work involved is not cov- through 12 . 01 . C . 2 . e , inclusive . ered by unit prices contained in the Contract 00700 - General Conditions REV 04-07 00700 - 34 C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc 12 . 02 Change of Contract Times surety for or employee or agent of any of them , for damages arising out of or resulting from : A. The Contract Times (or Milestones ) may only be changed by a Change Order or by a Written 1 . delays caused by or within the control Amendment. Any Claim for an adjustment in the of CONTRACTOR ; or Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim 2 . delays beyond the control of both to the ENGINEER and the other party to the Contract OWNER and CONTRACTOR including but not in accordance with the provisions of paragraph 10 . 05 . limited to fires , floods , epidemics , abnormal weather conditions , acts of God , or acts or B . Any adjustment of the Contract Times (or neglect by utility owners or other contractors Milestones ) covered by a Change Order or of any performing other work as contemplated by Claim for an adjustment in the Contract Times (or Article 7 . Milestones) will be determined in accordance with the provisions of this Article 12 . B . Nothing in this paragraph 12 . 06 bars a change in Contract Price pursuant to this Article 12 to 12 . 03 Delays Beyond CONTRACTOR 's Control compensate CONTRACTOR due to delay, interference , or disruption directly attributable to A. Where CONTRACTOR is prevented from actions or inactions of OWNER or anyone for whom completing any part of the Work within the Contract OWNER is responsible . Times ( or Milestones) due to delay beyond the control of CONTRACTOR , the Contract Times ( or Milestones) will be extended in an amount equal to the ARTICLE 13 - TESTS AND INSPECTIONS , time lost due to such delay if a Claim is made therefor CORRECTION , REMOVAL OR ACCEPTANCE OF as provided in paragraph 12 . 02 . A. Delays beyond the DEFECTIVE WORK control of CONTRACTOR shall include , but not be limited to , acts or neglect by OWNER , acts or neglect of utility owners or other contractors performing other 13 . 01 Notice of Defects work as contemplated by Article 7 , fires , floods , epidemics , abnormal weather conditions , or acts of A. Prompt notice of all defective Work of which God . OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR . All defective Work may be 12 . 04 Delays Within CONTRACTOR 's Control rejected , corrected , or accepted as provided in this Article 13 . A. The Contract Times (or Milestones) will not be extended due to delays within the control of 13 . 02 Access to Work CONTRACTOR . Delays attributable to and within the control of a Subcontractor or Supplier shall be A. OWNER , ENGINEER , ENGINEER ' s Con - deemed to be delays within the control of CONTRAC - sultants , other representatives and personnel of TOR . OWNER , independent testing laboratories , and governmental agencies with jurisdictional interests will 12 . 05 Delays Beyond OWNER 's and have access to the Site and the Work at reasonable CONTRACTOR 's Control times for their observation , inspecting , and testing . CONTRACTOR shall provide them proper and safe A. Where CONTRACTOR is prevented from conditions for such access and advise them of completing any part of the Work within the Contract CONTRACTOR ' s Site safety procedures and Times (or Milestones) due to delay beyond the control programs so that they may comply therewith as of both OWNER and CONTRACTOR , an extension of applicable . the Contract Times ( or Milestones ) in an amount equal to the time lost due to such delay shall be 13 . 03 Tests and Inspections CONTRACTOR' s sole and exclusive remedy for such delay . A . CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required 12 . 06 Delay Damages inspections , tests , or approvals and shall cooperate with inspection and testing personnel to facilitate A. In no event shall OWNER or ENGINEER be required inspections or tests . liable to CONTRACTOR , any Subcontractor, any Supplier, or any other person or organization , or to any 00700 - General Conditions REV 04-07 00700 - 35 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07. doc 12 . 02 Change of Contract Times surety for or employee or agent of any of them , for damages arising out of or resulting from : A. The Contract Times (or Milestones ) may only be changed by a Change Order or by a Written 1 . delays caused by or within the control Amendment. Any Claim for an adjustment in the of CONTRACTOR ; or Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim 2 . delays beyond the control of both to the ENGINEER and the other party to the Contract OWNER and CONTRACTOR including but not in accordance with the provisions of paragraph 10 . 05 . limited to fires , floods , epidemics , abnormal weather conditions , acts of God , or acts or B . Any adjustment of the Contract Times (or neglect by utility owners or other contractors Milestones ) covered by a Change Order or of any performing other work as contemplated by Claim for an adjustment in the Contract Times (or Article 7 . Milestones) will be determined in accordance with the provisions of this Article 12 . B . Nothing in this paragraph 12 . 06 bars a change in Contract Price pursuant to this Article 12 to 12 . 03 Delays Beyond CONTRACTOR 's Control compensate CONTRACTOR due to delay, interference , or disruption directly attributable to A. Where CONTRACTOR is prevented from actions or inactions of OWNER or anyone for whom completing any part of the Work within the Contract OWNER is responsible . Times ( or Milestones) due to delay beyond the control of CONTRACTOR , the Contract Times ( or Milestones) will be extended in an amount equal to the ARTICLE 13 - TESTS AND INSPECTIONS , time lost due to such delay if a Claim is made therefor CORRECTION , REMOVAL OR ACCEPTANCE OF as provided in paragraph 12 . 02 . A. Delays beyond the DEFECTIVE WORK control of CONTRACTOR shall include , but not be limited to , acts or neglect by OWNER , acts or neglect of utility owners or other contractors performing other 13 . 01 Notice of Defects work as contemplated by Article 7 , fires , floods , epidemics , abnormal weather conditions , or acts of A. Prompt notice of all defective Work of which God . OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR . All defective Work may be 12 . 04 Delays Within CONTRACTOR 's Control rejected , corrected , or accepted as provided in this Article 13 . A. The Contract Times (or Milestones) will not be extended due to delays within the control of 13 . 02 Access to Work CONTRACTOR . Delays attributable to and within the control of a Subcontractor or Supplier shall be A. OWNER , ENGINEER , ENGINEER ' s Con - deemed to be delays within the control of CONTRAC - sultants , other representatives and personnel of TOR . OWNER , independent testing laboratories , and governmental agencies with jurisdictional interests will 12 . 05 Delays Beyond OWNER 's and have access to the Site and the Work at reasonable CONTRACTOR 's Control times for their observation , inspecting , and testing . CONTRACTOR shall provide them proper and safe A. Where CONTRACTOR is prevented from conditions for such access and advise them of completing any part of the Work within the Contract CONTRACTOR ' s Site safety procedures and Times (or Milestones) due to delay beyond the control programs so that they may comply therewith as of both OWNER and CONTRACTOR , an extension of applicable . the Contract Times ( or Milestones ) in an amount equal to the time lost due to such delay shall be 13 . 03 Tests and Inspections CONTRACTOR' s sole and exclusive remedy for such delay . A . CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required 12 . 06 Delay Damages inspections , tests , or approvals and shall cooperate with inspection and testing personnel to facilitate A. In no event shall OWNER or ENGINEER be required inspections or tests . liable to CONTRACTOR , any Subcontractor, any Supplier, or any other person or organization , or to any 00700 - General Conditions REV 04-07 00700 - 35 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07. doc B . OWNER shall ernpley and pay for the seNiGes ef an independent testing laboratory to B . If ENGINEER considers it necessary or perform all inspeGitions , tests , or approvals requiFed by advisable that covered Work be observed by ENGI - NEER or inspected or tested by others , CONTRAC- TOR , at ENGINEER ' s request, shall uncover, expose , 1 . fer inspeGtions, tests , or aper^ or otherwise make available for observation , inspec- GGIVered by paragraphs 13 . 03 . G and 13 . ()3 . .D or testing as ENGINEER may require , that below; portion of the Work in question , furnishing all neces- sary labor, material , and equipment. If it is found that 2 . that GGSt6 inGUrred on GonneGtion with such Work is defective , CONTRACTOR shall pay all Claims , costs , losses , and damages ( including but not paragraph 13 . 04 . 13 shall be paid as provided in limited to all fees and charges of engineers , architects , said paragraph 13 . 04 . 13i attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering , exposure , observa- tion , inspection , and testing , and of satisfactory replacement or reconstruction ( including but not C . If Laws or Regulations of any public body limited to all costs of repair or replacement of work of having jurisdiction require any Work ( or part thereof) others ) ; and OWNER shall be entitled to an specifically to be inspected , tested , or approved by an appropriate decrease in the Contract Price . If the employee or other representative of such public body, parties are unable to agree as to the amount thereof, CONTRACTOR shall assume full responsibility for OWNER may make a Claim therefor as provided in arranging and obtaining such inspections , tests , or paragraph 10 . 05 . If, however, such Work is not found approvals , pay all costs in connection therewith , and to be defective , CONTRACTOR shall be allowed an furnish ENGINEER the required certificates of inspec- increase in the Contract Price or an extension of the tion or approval . Contract Times (or Milestones ) , or both , directly attributable to such uncovering , exposure , D . CONTRACTOR shall be responsible for observation , inspection , testing , replacement , and arranging and obtaining and shall pay all costs in reconstruction . If the parties are unable to agree as to connection with any inspections , tests , or approvals the amount or extent thereof, CONTRACTOR may required for OWNER Is and ENGINEER ' s acceptance make a Claim therefor as provided in paragraph of materials or equipment to be incorporated in the 10 . 05 . Work ; or acceptance of materials , mix designs , or equipment submitted for approval prior to 13 . 05 OWNER May Stop the Work CONTRACTOR ' s purchase thereof for incorporation in the Work . Such inspections , tests , or approvals A . If +she—Work is—defective or CONTRACTnp shall be performed by organizations acceptable to f@616 t0 SUPPly SUffiGient skilled workers (DF suitable OWNER and ENGINEER . materials or or fails to peFform the Wer equipment , SUGh a way that the GGIrripleted Werk Wall Genform to E . If any Work (or the work of others) that is to the Gc) ntr.;; r.,t D. A. r., urnents , OWNER may order G be inspected , tested , or approved is covered by CON - TRAGTQR to step the Work , or any pGFtien thereof-, TRACTOR without written concurrence of ENGI - the 'nr S „ ^ h order has been eliminated ; NEER , it must, if requested by ENGINEER , be uncov- shall ered for observation . n (Dt give rise to any duty on the part of OWNER to exeFG! se this right for the benefit of GQNTRACTOR , F . Uncovering Work as provided in paragraph any SubGontFaGtOr, any Supplier, any other individua_1 13 . 03 . E shall be at CONTRACTOR ' s expense unless er entity , er any surety fer, or employee or agent of CONTRACTOR has given ENGINEER timely notice any of-them- of CONTRACTOR ' s intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice . 13 . 04 Uncovering Work A . If any Work is covered contrary to the written request of ENGINEER , it must, if requested by ENGI - NEER , be uncovered for ENGINEER ' s observation and replaced at CONTRACTOR' s expense . 00700 - General Conditions REV 04-07 00700 - 36 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07. doc B . OWNER shall ernpley and pay for the seNiGes ef an independent testing laboratory to B . If ENGINEER considers it necessary or perform all inspeGitions , tests , or approvals requiFed by advisable that covered Work be observed by ENGI - NEER or inspected or tested by others , CONTRAC- TOR , at ENGINEER ' s request, shall uncover, expose , 1 . fer inspeGtions, tests , or aper^ or otherwise make available for observation , inspec- GGIVered by paragraphs 13 . 03 . G and 13 . ()3 . .D or testing as ENGINEER may require , that below; portion of the Work in question , furnishing all neces- sary labor, material , and equipment. If it is found that 2 . that GGSt6 inGUrred on GonneGtion with such Work is defective , CONTRACTOR shall pay all Claims , costs , losses , and damages ( including but not paragraph 13 . 04 . 13 shall be paid as provided in limited to all fees and charges of engineers , architects , said paragraph 13 . 04 . 13i attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering , exposure , observa- tion , inspection , and testing , and of satisfactory replacement or reconstruction ( including but not C . If Laws or Regulations of any public body limited to all costs of repair or replacement of work of having jurisdiction require any Work ( or part thereof) others ) ; and OWNER shall be entitled to an specifically to be inspected , tested , or approved by an appropriate decrease in the Contract Price . If the employee or other representative of such public body, parties are unable to agree as to the amount thereof, CONTRACTOR shall assume full responsibility for OWNER may make a Claim therefor as provided in arranging and obtaining such inspections , tests , or paragraph 10 . 05 . If, however, such Work is not found approvals , pay all costs in connection therewith , and to be defective , CONTRACTOR shall be allowed an furnish ENGINEER the required certificates of inspec- increase in the Contract Price or an extension of the tion or approval . Contract Times (or Milestones ) , or both , directly attributable to such uncovering , exposure , D . CONTRACTOR shall be responsible for observation , inspection , testing , replacement , and arranging and obtaining and shall pay all costs in reconstruction . If the parties are unable to agree as to connection with any inspections , tests , or approvals the amount or extent thereof, CONTRACTOR may required for OWNER Is and ENGINEER ' s acceptance make a Claim therefor as provided in paragraph of materials or equipment to be incorporated in the 10 . 05 . Work ; or acceptance of materials , mix designs , or equipment submitted for approval prior to 13 . 05 OWNER May Stop the Work CONTRACTOR ' s purchase thereof for incorporation in the Work . Such inspections , tests , or approvals A . If +she—Work is—defective or CONTRACTnp shall be performed by organizations acceptable to f@616 t0 SUPPly SUffiGient skilled workers (DF suitable OWNER and ENGINEER . materials or or fails to peFform the Wer equipment , SUGh a way that the GGIrripleted Werk Wall Genform to E . If any Work (or the work of others) that is to the Gc) ntr.;; r.,t D. A. r., urnents , OWNER may order G be inspected , tested , or approved is covered by CON - TRAGTQR to step the Work , or any pGFtien thereof-, TRACTOR without written concurrence of ENGI - the 'nr S „ ^ h order has been eliminated ; NEER , it must, if requested by ENGINEER , be uncov- shall ered for observation . n (Dt give rise to any duty on the part of OWNER to exeFG! se this right for the benefit of GQNTRACTOR , F . Uncovering Work as provided in paragraph any SubGontFaGtOr, any Supplier, any other individua_1 13 . 03 . E shall be at CONTRACTOR ' s expense unless er entity , er any surety fer, or employee or agent of CONTRACTOR has given ENGINEER timely notice any of-them- of CONTRACTOR ' s intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice . 13 . 04 Uncovering Work A . If any Work is covered contrary to the written request of ENGINEER , it must, if requested by ENGI - NEER , be uncovered for ENGINEER ' s observation and replaced at CONTRACTOR' s expense . 00700 - General Conditions REV 04-07 00700 - 36 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07. doc 13 . 06 Correction or Removal of Defective Work C . Where defective Work ( and damage to other Work resulting therefrom ) has been corrected or A . CONTRACTOR shall correct all defective removed and replaced under this paragraph 13 . 07 , Work, whether or not fabricated , installed , or the correction period hereunder with respect to such completed , or, if the Work has been rejected by ENGI - Work will be extended for an additional period of one NEER , remove it from the Project and replace it with year after such correction or removal and replacement Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed . all Claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , D . CONTRACTOR ' s obligations under this architects , attorneys , and other professionals and all paragraph 13 . 07 are in addition to any other obligation court or arbitration or other dispute resolution costs) or warranty. The provisions of this paragraph 13 . 07 arising out of or relating to such correction or removal shall not be construed as a substitute for or a waiver ( including but not limited to all costs of repair or of the provisions of any applicable statute of limitation replacement of work of others ) . or repose . 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work A. If within one year after the date of Substantial A. If, instead of requiring correction or removal Completion or such longer period of time as may be and replacement of defective Work , OWNER ( and , prescribed by Laws or Regulations or by the terms of prior to ENGINEER ' s recommendation of final pay- any applicable special guarantee required by the ment, ENGINEER) prefers to accept it, OWNER may Contract Documents or by any specific provision of the do so . CONTRACTOR shall pay all Claims , costs , Contract Documents , any Work is found to be losses , and damages ( including but not limited to all defective , or if the repair of any damages to the land fees and charges of engineers , architects , attorneys , or areas made available for CONTRACTOR' s use by and other professionals and all court or arbitration or OWNER or permitted by Laws and Regulations as other dispute resolution costs) attributable to contemplated in paragraph 6 . 11 . A is found to be OWNER ' s evaluation of and determination to accept defective , CONTRACTOR shall promptly, without cost such defective Work (such costs to be approved by to OWNER and in accordance with OWNER ' s written ENGINEER as to reasonableness ) and the diminished instructions : ( i ) repair such defective land or areas , or value of the Work to the extent not otherwise paid by ( ii ) correct such defective Work or, if the defective CONTRACTOR pursuant to this sentence . If any Work has been rejected by OWNER , remove it from such acceptance occurs prior to ENGINEER ' s recom - the Project and replace it with Work that is not mendation of final payment, a Change Order will be defective , and ( iii ) satisfactorily correct or repair or issued incorporating the necessary revisions in the remove and replace any damage to other Work , to the Contract Documents with respect to the Work , and work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate decrease from . If CONTRACTOR does not promptly comply in the Contract Price , reflecting the diminished value of with the terms of such instructions , or in an Work so accepted . If the parties are unable to agree emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim loss or damage , OWNER may have the defective therefor as provided in paragraph 10 . 05 . If the Work corrected or repaired or may have the rejected acceptance occurs after such recommendation , an Work removed and replaced , and all Claims , costs , appropriate amount will be paid by CONTRACTOR to losses , and damages ( including but not limited to all OWNER . fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or 13 . 09 OWNER May Correct Defective Work other dispute resolution costs) arising out of or relating to such correction or repair or such removal and A. If CONTRACTOR fails within a reasonable replacement ( including but not limited to all costs of time after written notice from ENGINEER to correct repair or replacement of work of others) will be paid by defective Work or to remove and replace rejected CONTRACTOR . Work as required by ENGINEER in accordance with paragraph 13 . 06 . A, or if CONTRACTOR fails to B . In special circumstances where a particular perform the Work in accordance with the Contract item of equipment is placed in continuous service Documents , or if CONTRACTOR fails to comply with before Substantial Completion of all the Work , the any other provision of the Contract Documents , correction period for that item may start to run from an OWNER may , after seven days written notice to earlier date if so provided in the Specifications or by CONTRACTOR , correct and remedy any such Written Amendment. deficiency . 00700 - General Conditions REV 04-07 00700 - 37 C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc 13 . 06 Correction or Removal of Defective Work C . Where defective Work ( and damage to other Work resulting therefrom ) has been corrected or A . CONTRACTOR shall correct all defective removed and replaced under this paragraph 13 . 07 , Work, whether or not fabricated , installed , or the correction period hereunder with respect to such completed , or, if the Work has been rejected by ENGI - Work will be extended for an additional period of one NEER , remove it from the Project and replace it with year after such correction or removal and replacement Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed . all Claims , costs , losses , and damages ( including but not limited to all fees and charges of engineers , D . CONTRACTOR ' s obligations under this architects , attorneys , and other professionals and all paragraph 13 . 07 are in addition to any other obligation court or arbitration or other dispute resolution costs) or warranty. The provisions of this paragraph 13 . 07 arising out of or relating to such correction or removal shall not be construed as a substitute for or a waiver ( including but not limited to all costs of repair or of the provisions of any applicable statute of limitation replacement of work of others ) . or repose . 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work A. If within one year after the date of Substantial A. If, instead of requiring correction or removal Completion or such longer period of time as may be and replacement of defective Work , OWNER ( and , prescribed by Laws or Regulations or by the terms of prior to ENGINEER ' s recommendation of final pay- any applicable special guarantee required by the ment, ENGINEER) prefers to accept it, OWNER may Contract Documents or by any specific provision of the do so . CONTRACTOR shall pay all Claims , costs , Contract Documents , any Work is found to be losses , and damages ( including but not limited to all defective , or if the repair of any damages to the land fees and charges of engineers , architects , attorneys , or areas made available for CONTRACTOR' s use by and other professionals and all court or arbitration or OWNER or permitted by Laws and Regulations as other dispute resolution costs) attributable to contemplated in paragraph 6 . 11 . A is found to be OWNER ' s evaluation of and determination to accept defective , CONTRACTOR shall promptly, without cost such defective Work (such costs to be approved by to OWNER and in accordance with OWNER ' s written ENGINEER as to reasonableness ) and the diminished instructions : ( i ) repair such defective land or areas , or value of the Work to the extent not otherwise paid by ( ii ) correct such defective Work or, if the defective CONTRACTOR pursuant to this sentence . If any Work has been rejected by OWNER , remove it from such acceptance occurs prior to ENGINEER ' s recom - the Project and replace it with Work that is not mendation of final payment, a Change Order will be defective , and ( iii ) satisfactorily correct or repair or issued incorporating the necessary revisions in the remove and replace any damage to other Work , to the Contract Documents with respect to the Work , and work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate decrease from . If CONTRACTOR does not promptly comply in the Contract Price , reflecting the diminished value of with the terms of such instructions , or in an Work so accepted . If the parties are unable to agree emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim loss or damage , OWNER may have the defective therefor as provided in paragraph 10 . 05 . If the Work corrected or repaired or may have the rejected acceptance occurs after such recommendation , an Work removed and replaced , and all Claims , costs , appropriate amount will be paid by CONTRACTOR to losses , and damages ( including but not limited to all OWNER . fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or 13 . 09 OWNER May Correct Defective Work other dispute resolution costs) arising out of or relating to such correction or repair or such removal and A. If CONTRACTOR fails within a reasonable replacement ( including but not limited to all costs of time after written notice from ENGINEER to correct repair or replacement of work of others) will be paid by defective Work or to remove and replace rejected CONTRACTOR . Work as required by ENGINEER in accordance with paragraph 13 . 06 . A, or if CONTRACTOR fails to B . In special circumstances where a particular perform the Work in accordance with the Contract item of equipment is placed in continuous service Documents , or if CONTRACTOR fails to comply with before Substantial Completion of all the Work , the any other provision of the Contract Documents , correction period for that item may start to run from an OWNER may , after seven days written notice to earlier date if so provided in the Specifications or by CONTRACTOR , correct and remedy any such Written Amendment. deficiency . 00700 - General Conditions REV 04-07 00700 - 37 C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc B . In exercising the rights and remedies under 14 . 02 Progress Payments this paragraph , OWNER shall proceed expeditiously . In connection with such corrective and remedial A. Applications for Payments action , OWNER may exclude CONTRACTOR from all or part of the Site , take possession of all or part of the 1 . At least 20 days before the date Work and suspend CONTRACTOR' s services related established for each progress payment ( but not thereto , take possession of CONTRACTOR' s tools , more often than once a month ) , appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for the Site , and incorporate in the Work all materials and review an Application for Payment filled out and equipment stored at the Site or for which OWNER has signed by CONTRACTOR covering the Work paid CONTRACTOR but which are stored elsewhere . completed as of the date of the Application and CONTRACTOR shall allow OWNER , OWNER ' s accompanied by such supporting representatives , agents and employees , OWNER ' s documentation as is required by the Contract other contractors , and ENGINEER and ENGINEER ' s Documents . If payment is requested on the Consultants access to the Site to enable OWNER to basis of materials and equipment not exercise the rights and remedies under this incorporated in the Work but delivered and paragraph . suitably stored at the Site or at another location agreed to in writing , the Application for Payment C . All Claims , costs , losses , and damages shall also be accompanied by a bill of sale , ( including but not limited to all fees and charges of invoice , or other documentation warranting that engineers , architects , attorneys , and other OWNER has received the materials and equip- professionals and all court or arbitration or other ment free and clear of all Liens and evidence dispute resolution costs ) incurred or sustained by that the materials and equipment are covered OWNER in exercising the rights and remedies under by appropriate property insurance or other this paragraph 13 . 09 will be charged against CON - arrangements to protect OWNER ' s interest TRACTOR , and a Change Order will be issued therein , all of which must be satisfactory to incorporating the necessary revisions in the Contract OWNER . Documents with respect to the Work ; and OWNER shall be entitled to an appropriate decrease in the 2 . Beginning with the second Contract Price . If the parties are unable to agree as to Application for Payment, each Application shall the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating Claim therefor as provided in paragraph 10 . 05 . Such that all previous progress payments received claims , costs , losses and damages will include but not on account of the Work have been applied on be limited to all costs of repair, or replacement of work account to discharge CONTRACTOR ' s of others destroyed or damaged by correction , legitimate obligations associated with prior removal , or replacement of CONTRACTOR ' s Applications for Payment . defective Work . 3 . The amount of retainage with respect D . CONTRACTOR shall not be allowed an to progress payments will be as stipulated in extension of the Contract Times (or Milestones) the Agreement. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER ' s B . Review of Applications rights and remedies under this paragraph 13 . 09 . 1 . ENGINEER will , within 10 days after receipt of each Application for Payment , either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing 14 . 01 Schedule of Values ENGINEER' s reasons for refusing to recommend payment. In the latter case , LON - A. The schedule of values established as provid- TRACTOR may make the necessary ed in paragraph 2 . 07 . A will serve as the basis for corrections and resubmit the Application . progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI - 2 . ENGINEER' s recommendation of NEER . Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed . Payment will constitute a representation by ENGINEER to OWNER , based on 00700 - General Conditions REV 04-07 00700 - 38 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT58\00700 - General Conditions REV 04-07.doc B . In exercising the rights and remedies under 14 . 02 Progress Payments this paragraph , OWNER shall proceed expeditiously . In connection with such corrective and remedial A. Applications for Payments action , OWNER may exclude CONTRACTOR from all or part of the Site , take possession of all or part of the 1 . At least 20 days before the date Work and suspend CONTRACTOR' s services related established for each progress payment ( but not thereto , take possession of CONTRACTOR' s tools , more often than once a month ) , appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for the Site , and incorporate in the Work all materials and review an Application for Payment filled out and equipment stored at the Site or for which OWNER has signed by CONTRACTOR covering the Work paid CONTRACTOR but which are stored elsewhere . completed as of the date of the Application and CONTRACTOR shall allow OWNER , OWNER ' s accompanied by such supporting representatives , agents and employees , OWNER ' s documentation as is required by the Contract other contractors , and ENGINEER and ENGINEER ' s Documents . If payment is requested on the Consultants access to the Site to enable OWNER to basis of materials and equipment not exercise the rights and remedies under this incorporated in the Work but delivered and paragraph . suitably stored at the Site or at another location agreed to in writing , the Application for Payment C . All Claims , costs , losses , and damages shall also be accompanied by a bill of sale , ( including but not limited to all fees and charges of invoice , or other documentation warranting that engineers , architects , attorneys , and other OWNER has received the materials and equip- professionals and all court or arbitration or other ment free and clear of all Liens and evidence dispute resolution costs ) incurred or sustained by that the materials and equipment are covered OWNER in exercising the rights and remedies under by appropriate property insurance or other this paragraph 13 . 09 will be charged against CON - arrangements to protect OWNER ' s interest TRACTOR , and a Change Order will be issued therein , all of which must be satisfactory to incorporating the necessary revisions in the Contract OWNER . Documents with respect to the Work ; and OWNER shall be entitled to an appropriate decrease in the 2 . Beginning with the second Contract Price . If the parties are unable to agree as to Application for Payment, each Application shall the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating Claim therefor as provided in paragraph 10 . 05 . Such that all previous progress payments received claims , costs , losses and damages will include but not on account of the Work have been applied on be limited to all costs of repair, or replacement of work account to discharge CONTRACTOR ' s of others destroyed or damaged by correction , legitimate obligations associated with prior removal , or replacement of CONTRACTOR ' s Applications for Payment . defective Work . 3 . The amount of retainage with respect D . CONTRACTOR shall not be allowed an to progress payments will be as stipulated in extension of the Contract Times (or Milestones) the Agreement. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER ' s B . Review of Applications rights and remedies under this paragraph 13 . 09 . 1 . ENGINEER will , within 10 days after receipt of each Application for Payment , either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing 14 . 01 Schedule of Values ENGINEER' s reasons for refusing to recommend payment. In the latter case , LON - A. The schedule of values established as provid- TRACTOR may make the necessary ed in paragraph 2 . 07 . A will serve as the basis for corrections and resubmit the Application . progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI - 2 . ENGINEER' s recommendation of NEER . Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed . Payment will constitute a representation by ENGINEER to OWNER , based on 00700 - General Conditions REV 04-07 00700 - 38 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT58\00700 - General Conditions REV 04-07.doc ENGINEER ' s observations on the Site of the make any examination to ascertain how or for executed Work as an experienced and qualified what purposes CONTRACTOR has used the design professional and on ENGINEER ' s moneys paid on account of the Contract Price , review of the Application for Payment and the or to determine that title to any of the Work , accompanying data and schedules , that to the materials , or equipment has passed to best of ENGINEER 's knowledge , information OWNER free and clear of any Liens . and belief: 5 . ENGINEER may refuse to recom - a . the Work has progressed to the point mend the whole or any part of any payment if, indicated , in ENGINEER ' s opinion , it would be incorrect to make the representations to OWNER referred b . the quality of the Work is generally in to in paragraph 14 . 02 . B . 2 . ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment (subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent Substantial Completion , to the results of any inspections or tests , revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made , to Documents , to a final determination of such extent as may be necessary in quantities and classifications for Unit Price ENGINEER 's opinion to protect OWNER from Work under paragraph 9 . 08 , and to any loss because : other qualifications stated in the recommendation ) ; and a . the Work is defective , or completed Work has been damaged , requiring c . The conditions precedent to correction or replacement; CONTRACTOR 's being entitled to such payment appear to have been fulfilled in so b . the Contract Price has been reduced far as it is ENGINEER ' s responsibility to by Written Amendment or Change Orders ; observe the Work . c. OWNER has been required to correct 3 . By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13 . 09 ; or deemed to have represented that: ( i ) inspec- tions made to check the quality or the quantity d . ENGINEER has vctUal knowledge Of of the Work as it has been performed have been exhaustive , extended to every aspect of ated in paragraph 15 . 02 . A . the Work in progress , or involved detailed inspections of the Work beyond the responsi- C . Payment Becomes Due bilities specifically assigned to ENGINEER in the Contract Documents ; or ( ii ) that there may 1 . Tori days after presentation the not be other matters or issues between the AppliGatien for Payment te OWNER with parties that might entitle CONTRACTOR to be ENGINEER ' s recc Mrn paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR . paragraph 14 . 02 . D ) beGGrne due , and when due will be paid by OWNER to CONTRACTOR . 4 . Neither ENGINEER ' s review of CONTRACTOR ' s Work for the purposes of D . Reduction in Payment recommending payments nor ENGINEER ' s recommendation of any payment, including final 1 . OWNER may refuse to make payment, will impose responsibility on payment of the full amount recommended by ENGINEER to supervise , direct, or control the ENGINEER because : Work or for the means , methods , techniques , sequences , or procedures of construction , or a . claims have been made against the safety precautions and programs incident OWNER on account of CONTRACTOR 's thereto , or for CONTRACTOR' s failure to performance or furnishing of the Work ; comply with Laws and Regulations applicable to CONTRACTOR ' s performance of the Work . b . Liens have been filed in connection Additionally, said review or recommendation will with the Work , except where not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific 00700 - General Conditions REV 04-07 00700 - 39 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc ENGINEER ' s observations on the Site of the make any examination to ascertain how or for executed Work as an experienced and qualified what purposes CONTRACTOR has used the design professional and on ENGINEER ' s moneys paid on account of the Contract Price , review of the Application for Payment and the or to determine that title to any of the Work , accompanying data and schedules , that to the materials , or equipment has passed to best of ENGINEER 's knowledge , information OWNER free and clear of any Liens . and belief: 5 . ENGINEER may refuse to recom - a . the Work has progressed to the point mend the whole or any part of any payment if, indicated , in ENGINEER ' s opinion , it would be incorrect to make the representations to OWNER referred b . the quality of the Work is generally in to in paragraph 14 . 02 . B . 2 . ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment (subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent Substantial Completion , to the results of any inspections or tests , revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made , to Documents , to a final determination of such extent as may be necessary in quantities and classifications for Unit Price ENGINEER 's opinion to protect OWNER from Work under paragraph 9 . 08 , and to any loss because : other qualifications stated in the recommendation ) ; and a . the Work is defective , or completed Work has been damaged , requiring c . The conditions precedent to correction or replacement; CONTRACTOR 's being entitled to such payment appear to have been fulfilled in so b . the Contract Price has been reduced far as it is ENGINEER ' s responsibility to by Written Amendment or Change Orders ; observe the Work . c. OWNER has been required to correct 3 . By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13 . 09 ; or deemed to have represented that: ( i ) inspec- tions made to check the quality or the quantity d . ENGINEER has vctUal knowledge Of of the Work as it has been performed have been exhaustive , extended to every aspect of ated in paragraph 15 . 02 . A . the Work in progress , or involved detailed inspections of the Work beyond the responsi- C . Payment Becomes Due bilities specifically assigned to ENGINEER in the Contract Documents ; or ( ii ) that there may 1 . Tori days after presentation the not be other matters or issues between the AppliGatien for Payment te OWNER with parties that might entitle CONTRACTOR to be ENGINEER ' s recc Mrn paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR . paragraph 14 . 02 . D ) beGGrne due , and when due will be paid by OWNER to CONTRACTOR . 4 . Neither ENGINEER ' s review of CONTRACTOR ' s Work for the purposes of D . Reduction in Payment recommending payments nor ENGINEER ' s recommendation of any payment, including final 1 . OWNER may refuse to make payment, will impose responsibility on payment of the full amount recommended by ENGINEER to supervise , direct, or control the ENGINEER because : Work or for the means , methods , techniques , sequences , or procedures of construction , or a . claims have been made against the safety precautions and programs incident OWNER on account of CONTRACTOR 's thereto , or for CONTRACTOR' s failure to performance or furnishing of the Work ; comply with Laws and Regulations applicable to CONTRACTOR ' s performance of the Work . b . Liens have been filed in connection Additionally, said review or recommendation will with the Work , except where not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific 00700 - General Conditions REV 04-07 00700 - 39 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc Bond satisfactory to OWNER to secure the Ge :etion.TheFe shalt be attaGh, ed is the sertifi��e satisfaction and discharge of such Liens ; a tentative list of iterns in. be GOMpleted OF GOFreGted befGre fiRal payment. OWNER shall have seven days c. there are other items entitling OWNafter reGempt of the tentative GeFtifiGate during whiGh to - ER to a set-off against the amount make Nriittep—o'I date ENGINEER as to any recommended ; or of the GeFtifiGate or attaGhed lust. if, a d . OWNER has actual knowledge of the that the—WGrk is aet—substantially—GOrnplete , occurrence of any of the events enumerated ENGINEER will within 14 days after submission of the in paragraphs 14 . 02 . B . 5 . a through tentative GeFtifiGate to OWNER notify CONTRACT 14 . 02 . B . 5 . c or paragraph 15 . 02 . A. mn writing , stating the reasons-therefor if, after 66RSld +tion of OWNER' s ENGINEER 2 . If OWNER refuses to make payment Gonsiders the Work substantially—semplete , of the full amount recommended by ENGINEER will said—14 days exeGUte and ENGINEER , OWNER must give delmveF to OWNER and CONTRACTOR a definet've CONTRACTOR immediate written notice (with GeFtifiGate of Substantial Completion (with a revis a copy to ENGINEER ) stating the reasons for tentative lost of items to be GOMpleted OF GGrreGt such action and promptly pay CONTRACTOR reflee+• nn si soh ebannes from the tentative eertifinato any amount remaining after deduction of the as ENGINEER believes & ust'fied after oons ' dera+inn of Owl V11GO � ICGI OOI IC]1QCTULIOT-OT amount so withheld . OWNER shall promptly any ebjeotions from OWNER . At the tomo of delivery pay CONTRACTOR the amount so withheld , or of the tentative GertifiGate of Substantial Completion any adjustment thereto agreed to by OWNER ENGINEER will deliver +e OWNER and GQNT17AG- and CONTRACTOR , when CONTRACTOR corrects to OWNER Is satisfaction the reasons resp"" sibilit.� pending—fin l payment be ooeea for such action . OWNER and CONTRACTOR with reSpeGt tO seGUFity-, e , 3 . If it is subsequently determined that maintena„Ge , heat, atil 'bes , insarans,e , ens' warranties OWNER ' s refusal of payment was not justified , and guarantees . 'finless OWNER and the amount wrongfully withheld shall be treated GONTRAGTOR agree GthepNise in writing and as an amount due as determined by paragraph inform ENGINEER in writing prier to ENGINEER' S 14 . 02 . C . 1 . iSGUiRg the definitive oertifinate of Substantial Comple- toon , ENGINEER ' S aforesaid reeomm nation uill_be 14 . 03 CONTRACTOR 's Warranty of Title binding OR OWNER and CONTRACTOR Until fiRal A. CONTRACTOR warrants and guarantees that title to all Work , materials , and equipment covered B . OWNER shall have the right to exclude by any Application for Payment, whether incorporated CONTRACTOR from the Site after the date of in the Project or not, will pass to OWNER no later than Substantial Completion , but OWNER shall allow CON - the time of payment free and clear of all Liens . TRACTOR reasonable access to complete or correct items on the tentative list. 14 . 04 Substantial Completion 14 . 05 Partial Utilization A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall A . Use by OWNER at OWNER ' s option of any notify OWNER and ENGINEER in writing that the substantially completed part of the Work which has entire Work is substantially complete ( except for items specifically been identified in the Contract Documents , specifically listed by CONTRACTOR as incomplete) or which OWNER , ENGINEER , and CONTRACTOR and request that ENGINEER issue a certificate of agree constitutes a separately functioning and usable Substantial Completion . Promptly thereafter, part of the Work that can be used by OWNER for its OWNER , CONTRACTOR , and ENGINEER shall intended purpose without significant interference with make an inspection of the Work to determine the CONTRACTOR' s performance of the remainder of status of completion . If ENGINEER does not consider the Work , may be accomplished prior to Substantial the Work substantially complete , ENGINEER will Completion of all the Work subject to the following notify CONTRACTOR in writing giving the reasons conditions . therefore . If €PIGINE€R—considers the Work substantially—semplete , ENGINEER will prepare and 1 . OWNER at any time may request delivert OWNER a t testi„e GeFtifiea+e of Substantial CONTRACTOR in writing to permit OWNER to Completion whiGh shall fox the date Gf Substantial use any such part of the Work which OWNER 00700 - General Conditions REV 04-07 00700 - 40 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc Bond satisfactory to OWNER to secure the Ge :etion.TheFe shalt be attaGh, ed is the sertifi��e satisfaction and discharge of such Liens ; a tentative list of iterns in. be GOMpleted OF GOFreGted befGre fiRal payment. OWNER shall have seven days c. there are other items entitling OWNafter reGempt of the tentative GeFtifiGate during whiGh to - ER to a set-off against the amount make Nriittep—o'I date ENGINEER as to any recommended ; or of the GeFtifiGate or attaGhed lust. if, a d . OWNER has actual knowledge of the that the—WGrk is aet—substantially—GOrnplete , occurrence of any of the events enumerated ENGINEER will within 14 days after submission of the in paragraphs 14 . 02 . B . 5 . a through tentative GeFtifiGate to OWNER notify CONTRACT 14 . 02 . B . 5 . c or paragraph 15 . 02 . A. mn writing , stating the reasons-therefor if, after 66RSld +tion of OWNER' s ENGINEER 2 . If OWNER refuses to make payment Gonsiders the Work substantially—semplete , of the full amount recommended by ENGINEER will said—14 days exeGUte and ENGINEER , OWNER must give delmveF to OWNER and CONTRACTOR a definet've CONTRACTOR immediate written notice (with GeFtifiGate of Substantial Completion (with a revis a copy to ENGINEER ) stating the reasons for tentative lost of items to be GOMpleted OF GGrreGt such action and promptly pay CONTRACTOR reflee+• nn si soh ebannes from the tentative eertifinato any amount remaining after deduction of the as ENGINEER believes & ust'fied after oons ' dera+inn of Owl V11GO � ICGI OOI IC]1QCTULIOT-OT amount so withheld . OWNER shall promptly any ebjeotions from OWNER . At the tomo of delivery pay CONTRACTOR the amount so withheld , or of the tentative GertifiGate of Substantial Completion any adjustment thereto agreed to by OWNER ENGINEER will deliver +e OWNER and GQNT17AG- and CONTRACTOR , when CONTRACTOR corrects to OWNER Is satisfaction the reasons resp"" sibilit.� pending—fin l payment be ooeea for such action . OWNER and CONTRACTOR with reSpeGt tO seGUFity-, e , 3 . If it is subsequently determined that maintena„Ge , heat, atil 'bes , insarans,e , ens' warranties OWNER ' s refusal of payment was not justified , and guarantees . 'finless OWNER and the amount wrongfully withheld shall be treated GONTRAGTOR agree GthepNise in writing and as an amount due as determined by paragraph inform ENGINEER in writing prier to ENGINEER' S 14 . 02 . C . 1 . iSGUiRg the definitive oertifinate of Substantial Comple- toon , ENGINEER ' S aforesaid reeomm nation uill_be 14 . 03 CONTRACTOR 's Warranty of Title binding OR OWNER and CONTRACTOR Until fiRal A. CONTRACTOR warrants and guarantees that title to all Work , materials , and equipment covered B . OWNER shall have the right to exclude by any Application for Payment, whether incorporated CONTRACTOR from the Site after the date of in the Project or not, will pass to OWNER no later than Substantial Completion , but OWNER shall allow CON - the time of payment free and clear of all Liens . TRACTOR reasonable access to complete or correct items on the tentative list. 14 . 04 Substantial Completion 14 . 05 Partial Utilization A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall A . Use by OWNER at OWNER ' s option of any notify OWNER and ENGINEER in writing that the substantially completed part of the Work which has entire Work is substantially complete ( except for items specifically been identified in the Contract Documents , specifically listed by CONTRACTOR as incomplete) or which OWNER , ENGINEER , and CONTRACTOR and request that ENGINEER issue a certificate of agree constitutes a separately functioning and usable Substantial Completion . Promptly thereafter, part of the Work that can be used by OWNER for its OWNER , CONTRACTOR , and ENGINEER shall intended purpose without significant interference with make an inspection of the Work to determine the CONTRACTOR' s performance of the remainder of status of completion . If ENGINEER does not consider the Work , may be accomplished prior to Substantial the Work substantially complete , ENGINEER will Completion of all the Work subject to the following notify CONTRACTOR in writing giving the reasons conditions . therefore . If €PIGINE€R—considers the Work substantially—semplete , ENGINEER will prepare and 1 . OWNER at any time may request delivert OWNER a t testi„e GeFtifiea+e of Substantial CONTRACTOR in writing to permit OWNER to Completion whiGh shall fox the date Gf Substantial use any such part of the Work which OWNER 00700 - General Conditions REV 04-07 00700 - 40 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00700 - General Conditions REV 04-07 . doc believes to be ready for its intended use and tees , Bonds , certificates or other evidence of substantially complete . If CONTRACTOR insurance certificates of inspection , marked - up agrees that such part of the Work is record documents (as provided in paragraph substantially complete , CONTRACTOR will 6 . 12 ) , and other documents , CONTRACTOR certify to OWNER and ENGINEER that such may make application for final payment follow- part of the Work is substantially complete and ing the procedure for progress payments . request ENGINEER to issue a certificate of Substantial Completion for that part of the 2 . The final Application for Payment Work . CONTRACTOR at any time may notify shall be accompanied (except as previously OWNER and ENGINEER in writing that delivered ) by: ( i ) all documentation called for in CONTRACTOR considers any such part of the the Contract Documents , including but not Work ready for its intended use and substan- limited to the evidence of insurance required by tially complete and request ENGINEER to issue subparagraph 5 . 04 . B . 7 ; ( ii ) consent of the a certificate of Substantial Completion for that surety , if any , to final payment; and ( iii ) part of the Work . Within a reasonable time complete and legally effective releases or after either such request, OWNER , waivers (satisfactory to OWNER ) of all Lien CONTRACTOR , and ENGINEER shall make rights arising out of or Liens filed in connection an inspection of that part of the Work to with the Work . determine its status of completion . If ENGINEER does not consider that part of the 3 . In lieu of the releases or waivers of Work to be substantially complete , ENGINEER Liens specified in paragraph 14 . 07 . A. 2 and as will notify OWNER and CONTRACTOR in approved by OWNER , CONTRACTOR may writing giving the reasons therefor. If furnish receipts or releases in full and an ENGINEER considers that part of the Work to affidavit of CONTRACTOR that: ( i ) the releases be substantially complete , the provisions of and receipts include all labor, services , paragraph 14 . 04 will apply with respect to material , and equipment for which a Lien could certification of Substantial Completion of that be filed ; and ( ii ) all payrolls , material and part of the Work and the division of equipment bills , and other indebtedness responsibility in respect thereof and access connected with the Work for which OWNER or thereto . OWNER' s property might in any way be responsible have been paid or otherwise satis- 2 . No occupancy or separate operation fied . If any Subcontractor or Supplier fails to of part of the Work may occur prior to furnish such a release or receipt in full , CON - compliance with the requirements of paragraph TRACTOR may furnish a Bond or other 5 . 10 regarding property insurance . collateral satisfactory to OWNER to indemnify OWNER against any Lien . 14 . 06 Final Inspection B . Review of Application and Acceptance A . Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 1 . If, on the basis of ENGINEER' s complete , ENGINEER will promptly make a final observation of the Work during construction inspection with OWNER and CONTRACTOR and will and final inspection , and ENGINEER Is review notify CONTRACTOR in writing of all particulars in of the final Application for Payment and which this inspection reveals that the Work is accompanying documentation as required by incomplete or defective . CONTRACTOR shall the Contract Documents , ENGINEER is immediately take such measures as are necessary to satisfied that the Work has been completed complete such Work or remedy such deficiencies . and CONTRACTOR' s other obligations under the Contract Documents have been fulfilled , 14 . 07 Final Payment ENGINEER will , within ten days after receipt of the final Application for Payment, indicate in A . Application for Payment writing ENGINEER ' s recommendation of payment and present the Application for 1 . After CONTRACTOR has , in the Payment to OWNER for payment. At the same opinion of ENGINEER , satisfactorily completed time ENGINEER will also give written notice to all corrections identified during the final OWNER and CONTRACTOR that the Work is inspection and has delivered , in accordance acceptable subject to the provisions of with the Contract Documents , all maintenance paragraph 14 . 09 . Otherwise , ENGINEER will and operating instructions , schedules , guaran - return the Application for Payment to 00700 - General Conditions REV 04-07 00700 - 41 C1Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc believes to be ready for its intended use and tees , Bonds , certificates or other evidence of substantially complete . If CONTRACTOR insurance certificates of inspection , marked - up agrees that such part of the Work is record documents (as provided in paragraph substantially complete , CONTRACTOR will 6 . 12 ) , and other documents , CONTRACTOR certify to OWNER and ENGINEER that such may make application for final payment follow- part of the Work is substantially complete and ing the procedure for progress payments . request ENGINEER to issue a certificate of Substantial Completion for that part of the 2 . The final Application for Payment Work . CONTRACTOR at any time may notify shall be accompanied (except as previously OWNER and ENGINEER in writing that delivered ) by: ( i ) all documentation called for in CONTRACTOR considers any such part of the the Contract Documents , including but not Work ready for its intended use and substan- limited to the evidence of insurance required by tially complete and request ENGINEER to issue subparagraph 5 . 04 . B . 7 ; ( ii ) consent of the a certificate of Substantial Completion for that surety , if any , to final payment; and ( iii ) part of the Work . Within a reasonable time complete and legally effective releases or after either such request, OWNER , waivers (satisfactory to OWNER ) of all Lien CONTRACTOR , and ENGINEER shall make rights arising out of or Liens filed in connection an inspection of that part of the Work to with the Work . determine its status of completion . If ENGINEER does not consider that part of the 3 . In lieu of the releases or waivers of Work to be substantially complete , ENGINEER Liens specified in paragraph 14 . 07 . A. 2 and as will notify OWNER and CONTRACTOR in approved by OWNER , CONTRACTOR may writing giving the reasons therefor. If furnish receipts or releases in full and an ENGINEER considers that part of the Work to affidavit of CONTRACTOR that: ( i ) the releases be substantially complete , the provisions of and receipts include all labor, services , paragraph 14 . 04 will apply with respect to material , and equipment for which a Lien could certification of Substantial Completion of that be filed ; and ( ii ) all payrolls , material and part of the Work and the division of equipment bills , and other indebtedness responsibility in respect thereof and access connected with the Work for which OWNER or thereto . OWNER' s property might in any way be responsible have been paid or otherwise satis- 2 . No occupancy or separate operation fied . If any Subcontractor or Supplier fails to of part of the Work may occur prior to furnish such a release or receipt in full , CON - compliance with the requirements of paragraph TRACTOR may furnish a Bond or other 5 . 10 regarding property insurance . collateral satisfactory to OWNER to indemnify OWNER against any Lien . 14 . 06 Final Inspection B . Review of Application and Acceptance A . Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 1 . If, on the basis of ENGINEER' s complete , ENGINEER will promptly make a final observation of the Work during construction inspection with OWNER and CONTRACTOR and will and final inspection , and ENGINEER Is review notify CONTRACTOR in writing of all particulars in of the final Application for Payment and which this inspection reveals that the Work is accompanying documentation as required by incomplete or defective . CONTRACTOR shall the Contract Documents , ENGINEER is immediately take such measures as are necessary to satisfied that the Work has been completed complete such Work or remedy such deficiencies . and CONTRACTOR' s other obligations under the Contract Documents have been fulfilled , 14 . 07 Final Payment ENGINEER will , within ten days after receipt of the final Application for Payment, indicate in A . Application for Payment writing ENGINEER ' s recommendation of payment and present the Application for 1 . After CONTRACTOR has , in the Payment to OWNER for payment. At the same opinion of ENGINEER , satisfactorily completed time ENGINEER will also give written notice to all corrections identified during the final OWNER and CONTRACTOR that the Work is inspection and has delivered , in accordance acceptable subject to the provisions of with the Contract Documents , all maintenance paragraph 14 . 09 . Otherwise , ENGINEER will and operating instructions , schedules , guaran - return the Application for Payment to 00700 - General Conditions REV 04-07 00700 - 41 C1Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc CONTRACTOR , indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. 15 . 01 OWNER May Suspend Work C . Payment Becomes Due A. At any time and without cause , OWNER may suspend the Work or any portion thereof for a period i Thirty days after the presentation to of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - ronnmmcnded by ENGINEER will be me due. TRACTOR shall resume the Work on the date so and , when due , we ' ! be paid by OWNER to fixed . CONTRACTOR shall be allowed an adjustmen Times , or both , direGtly attributable to any SUGh 14 . 08 Final Completion Delayed as previded in paragraph 10 . 05 . A . If, through no fault of CONTRACTOR , final completion of the Work is significantly delayed , and if 15 . 02 OWNER May Terminate for Cause ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR ' s final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER , and without terminat- following events will justify termination for cause : ing the Agreement, make payment of the balance due for that portion of the Work fully completed and 1 . CONTRACTOR ' s persistent failure accepted . If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents ( including , but not limited less than the retainage stipulated in the Agreement, to , failure to supply sufficient skilled workers or and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5 . 01 , the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2 . 07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6 . 04 ) ; by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made 2 . CONTRACTOR ' s disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment, except that it shall not constitute a waiver of jurisdiction ; Claims . 3 . CONTRACTOR ' s disregard of the 14 . 09 Waiver of Claims authority of ENGINEER ; or A. The making and acceptance of final payment 4 . CONTRACTOR' s violation in any will constitute : substantial way of any provisions of the Contract Documents . 1 . a waiver of all Claims by OWNER against CONTRACTOR , except Claims arising B . If one or more of the events identified in from unsettled Liens , from defective Work paragraph 15 . 02 . A occur, OWNER may, after giving appearing after final inspection pursuant to CONTRACTOR (and the surety , if any) seven days paragraph 14 . 06 , from failure to comply with the written notice , terminate the services of Contract Documents or the terms of any special CONTRACTOR , exclude CONTRACTOR from the guarantees specified therein , or from Site , and take possession of the Work and of all CONTRACTOR ' s continuing obligations under CONTRACTOR ' s tools , appliances , construction the Contract Documents ; and equipment, and machinery at the Site , and use the same to the full extent they could be used by 2 . a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all previously made in writing which are still materials and equipment stored at the Site or for unsettled . which OWNER has paid CONTRACTOR but which are stored elsewhere , and finish the Work as OWNER may deem expedient. In such case , CONTRACTOR 00700 - General Conditions REV 04-07 00700 - 42 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT58\00700 - General Conditions REV 04-07.doc CONTRACTOR , indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. 15 . 01 OWNER May Suspend Work C . Payment Becomes Due A. At any time and without cause , OWNER may suspend the Work or any portion thereof for a period i Thirty days after the presentation to of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed . CON - ronnmmcnded by ENGINEER will be me due. TRACTOR shall resume the Work on the date so and , when due , we ' ! be paid by OWNER to fixed . CONTRACTOR shall be allowed an adjustmen Times , or both , direGtly attributable to any SUGh 14 . 08 Final Completion Delayed as previded in paragraph 10 . 05 . A . If, through no fault of CONTRACTOR , final completion of the Work is significantly delayed , and if 15 . 02 OWNER May Terminate for Cause ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR ' s final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER , and without terminat- following events will justify termination for cause : ing the Agreement, make payment of the balance due for that portion of the Work fully completed and 1 . CONTRACTOR ' s persistent failure accepted . If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents ( including , but not limited less than the retainage stipulated in the Agreement, to , failure to supply sufficient skilled workers or and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5 . 01 , the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2 . 07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6 . 04 ) ; by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made 2 . CONTRACTOR ' s disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment, except that it shall not constitute a waiver of jurisdiction ; Claims . 3 . CONTRACTOR ' s disregard of the 14 . 09 Waiver of Claims authority of ENGINEER ; or A. The making and acceptance of final payment 4 . CONTRACTOR' s violation in any will constitute : substantial way of any provisions of the Contract Documents . 1 . a waiver of all Claims by OWNER against CONTRACTOR , except Claims arising B . If one or more of the events identified in from unsettled Liens , from defective Work paragraph 15 . 02 . A occur, OWNER may, after giving appearing after final inspection pursuant to CONTRACTOR (and the surety , if any) seven days paragraph 14 . 06 , from failure to comply with the written notice , terminate the services of Contract Documents or the terms of any special CONTRACTOR , exclude CONTRACTOR from the guarantees specified therein , or from Site , and take possession of the Work and of all CONTRACTOR ' s continuing obligations under CONTRACTOR ' s tools , appliances , construction the Contract Documents ; and equipment, and machinery at the Site , and use the same to the full extent they could be used by 2 . a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all previously made in writing which are still materials and equipment stored at the Site or for unsettled . which OWNER has paid CONTRACTOR but which are stored elsewhere , and finish the Work as OWNER may deem expedient. In such case , CONTRACTOR 00700 - General Conditions REV 04-07 00700 - 42 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT58\00700 - General Conditions REV 04-07.doc shall not be entitled to receive any further payment 4 . for reasonable expenses directly until the Work is finished . If the unpaid balance of the attributable to termination . Contract Price exceeds all claims , costs , losses , and damages ( including but not limited to all fees and B . CONTRACTOR shall not be paid on account charges of engineers , architects , attorneys , and other of loss of anticipated profits or revenue or other eco- professionals and all court or arbitration or other nomic loss arising out of or resulting from such dispute resolution costs ) sustained by OWNER arising termination . out of or relating to completing the Work , such excess will be paid to CONTRACTOR . If such claims , costs , 15 . 04 CONTRACTOR May Stop Work or losses , and damages exceed such unpaid balance , Terminate CONTRACTOR shall pay the difference to OWNER . Such claims , costs , losses , and damages incurred by A . If, through no act or fault of CONTRACTOR , OWNER will be reviewed by ENGINEER as to their the Work is suspended for more than 90 consecutive reasonableness and , when so approved by days by OWNER or under an order of court or other ENGINEER , incorporated in a Change Order. When public authority , or ENGINEER fails to act on any exercising any rights or remedies under this Application for Payment within 30 days after it is paragraph OWNER shall not be required to obtain the submitted , oF OWNER fails fGr 30 days to pay GQN- lowest price for the Work performed . , then CONTRACTOR may , upon seven days written notice C . Where CONTRACTOR ' s services have been to OWNER and ENGINEER , and provided OWNER so terminated by OWNER , the termination will not or ENGINEER do not remedy such suspension or affect any rights or remedies of OWNER against failure within that time , terminate the Contract and CONTRACTOR then existing or which may thereafter recover from OWNER payment on the same terms as accrue . Any retention or payment of moneys due provided in paragraph 15 . 03 . In lieu of terminating the CONTRACTOR by OWNER will not release CON - Contract and without prejudice to any other right or TRACTOR from liability . remedy , if ENGINEER has failed to act on an Application for Payment within 30 days after it is 15 . 03 OWNER May Terminate For Convenience submitted , or OWNPR has failed for 30 days to pay CONTRACTOR any surn finally determined to be due , A . Upon seven days written notice to CON - CONTRACTOR may , seven days after written notice TRACTOR and ENGINEER , OWNER may , without to OWNER and ENGINEER , stop the Work until cause and without prejudice to any other right or payment is made of all such amounts due remedy of OWNER , elect to terminate the Contract. CONTRACTOR , including interest thereon . The In such case , CONTRACTOR shall be paid (without provisions of this paragraph 15 . 04 are not intended to duplication of any items) : preclude CONTRACTOR from making a Claim under paragraph 10 . 05 for an adjustment in Contract Price 1 . for completed and acceptable Work or Contract Times or otherwise for expenses or executed in accordance with the Contract damage directly attributable to CONTRACTOR' s Documents prior to the effective date of stopping the Work as permitted by this paragraph . termination , including fair and reasonable sums for overhead and profit on such Work ; ARTICLE 16 - DISPUTE RESOLUTION 2 . for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials , or 16 . 01 Methods and Procedures equipment as required by the Contract Documents in connection with uncompleted A. Dispute resolution methods and procedures , if Work , plus fair and reasonable sums for any, shall be as set forth in the Supplementary overhead and profit on such expenses ; Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 3 . for all claims , costs , losses , and and 10 . 05 , OWNER and CONTRACTOR may damages ( including but not limited to all fees exercise such rights or remedies as either may and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by and other professionals and all court or Laws or Regulations in respect of any dispute . arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors , Suppliers , and others ; and 00700 - General Conditions REV 04-07 00700 - 43 C1Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc shall not be entitled to receive any further payment 4 . for reasonable expenses directly until the Work is finished . If the unpaid balance of the attributable to termination . Contract Price exceeds all claims , costs , losses , and damages ( including but not limited to all fees and B . CONTRACTOR shall not be paid on account charges of engineers , architects , attorneys , and other of loss of anticipated profits or revenue or other eco- professionals and all court or arbitration or other nomic loss arising out of or resulting from such dispute resolution costs ) sustained by OWNER arising termination . out of or relating to completing the Work , such excess will be paid to CONTRACTOR . If such claims , costs , 15 . 04 CONTRACTOR May Stop Work or losses , and damages exceed such unpaid balance , Terminate CONTRACTOR shall pay the difference to OWNER . Such claims , costs , losses , and damages incurred by A . If, through no act or fault of CONTRACTOR , OWNER will be reviewed by ENGINEER as to their the Work is suspended for more than 90 consecutive reasonableness and , when so approved by days by OWNER or under an order of court or other ENGINEER , incorporated in a Change Order. When public authority , or ENGINEER fails to act on any exercising any rights or remedies under this Application for Payment within 30 days after it is paragraph OWNER shall not be required to obtain the submitted , oF OWNER fails fGr 30 days to pay GQN- lowest price for the Work performed . , then CONTRACTOR may , upon seven days written notice C . Where CONTRACTOR ' s services have been to OWNER and ENGINEER , and provided OWNER so terminated by OWNER , the termination will not or ENGINEER do not remedy such suspension or affect any rights or remedies of OWNER against failure within that time , terminate the Contract and CONTRACTOR then existing or which may thereafter recover from OWNER payment on the same terms as accrue . Any retention or payment of moneys due provided in paragraph 15 . 03 . In lieu of terminating the CONTRACTOR by OWNER will not release CON - Contract and without prejudice to any other right or TRACTOR from liability . remedy , if ENGINEER has failed to act on an Application for Payment within 30 days after it is 15 . 03 OWNER May Terminate For Convenience submitted , or OWNPR has failed for 30 days to pay CONTRACTOR any surn finally determined to be due , A . Upon seven days written notice to CON - CONTRACTOR may , seven days after written notice TRACTOR and ENGINEER , OWNER may , without to OWNER and ENGINEER , stop the Work until cause and without prejudice to any other right or payment is made of all such amounts due remedy of OWNER , elect to terminate the Contract. CONTRACTOR , including interest thereon . The In such case , CONTRACTOR shall be paid (without provisions of this paragraph 15 . 04 are not intended to duplication of any items) : preclude CONTRACTOR from making a Claim under paragraph 10 . 05 for an adjustment in Contract Price 1 . for completed and acceptable Work or Contract Times or otherwise for expenses or executed in accordance with the Contract damage directly attributable to CONTRACTOR' s Documents prior to the effective date of stopping the Work as permitted by this paragraph . termination , including fair and reasonable sums for overhead and profit on such Work ; ARTICLE 16 - DISPUTE RESOLUTION 2 . for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials , or 16 . 01 Methods and Procedures equipment as required by the Contract Documents in connection with uncompleted A. Dispute resolution methods and procedures , if Work , plus fair and reasonable sums for any, shall be as set forth in the Supplementary overhead and profit on such expenses ; Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 3 . for all claims , costs , losses , and and 10 . 05 , OWNER and CONTRACTOR may damages ( including but not limited to all fees exercise such rights or remedies as either may and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by and other professionals and all court or Laws or Regulations in respect of any dispute . arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors , Suppliers , and others ; and 00700 - General Conditions REV 04-07 00700 - 43 C1Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00700 - General Conditions REV 04-07. doc ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice , it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known to the giver of the notice . 17 . 02 Computation of Times A . When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and include the last day of such period . If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction , such day will be omitted from the computation . 17 . 03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to , and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee , or by other provisions of the Contract Documents , and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation , right, and remedy to which they apply . 17 . 04 Survival of Obligations A . All representations , indemnifications , warran - ties , and guarantees made in , required by, or given in accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract Documents , will survive final payment, completion , and acceptance of the Work or termination or comple- tion of the Agreement. 17 . 05 Controlling Law A . This Contract is to be governed by the law of the state in which the Project is located . 00700 - General Conditions REV 04-07 00700 - 44 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00700 - General Conditions REV 04-07. doc ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice , it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known to the giver of the notice . 17 . 02 Computation of Times A . When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and include the last day of such period . If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction , such day will be omitted from the computation . 17 . 03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to , and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee , or by other provisions of the Contract Documents , and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation , right, and remedy to which they apply . 17 . 04 Survival of Obligations A . All representations , indemnifications , warran - ties , and guarantees made in , required by, or given in accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract Documents , will survive final payment, completion , and acceptance of the Work or termination or comple- tion of the Agreement. 17 . 05 Controlling Law A . This Contract is to be governed by the law of the state in which the Project is located . 00700 - General Conditions REV 04-07 00700 - 44 CADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\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 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 00800 IC:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev.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 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 00800 IC:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\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 . 11 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place : D . Furnish , Install, Perform, Provide 1 . The word "furnish" shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install' shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform " or " provide " shall mean to furnish and install services , materials , or equipment complete and ready for intended use . 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 paragraph 2 . 05 . 6 , procedures for handling Shop Drawings and other submittals , 00800- 1 00800 - Supplementary Conditions 06- 09 rev 00800 1 C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\UO8CAT5B\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 . 11 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place : D . Furnish , Install, Perform, Provide 1 . The word "furnish" shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install' shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform " or " provide " shall mean to furnish and install services , materials , or equipment complete and ready for intended use . 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 paragraph 2 . 05 . 6 , procedures for handling Shop Drawings and other submittals , 00800- 1 00800 - Supplementary Conditions 06- 09 rev 00800 1 C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\UO8CAT5B\00800 - Supplementary Conditions 06-09 rev. doc and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . SC -4 . 02 Subsurface and Physical Conditions SC -4 . 02 Delete paragraphs 4 . 02 and 4. 03 in its entirety and insert the following paragraph in its place: There are no available soils reports or drawings . Exploration of soil conditions is the responsibility of the CONTRACTOR to provide soils exploration as needed for pole foundation design . 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 . 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 00800-2 00800 - Supplementary Conditions 06-09 rev 00800 2C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev. doc and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . SC -4 . 02 Subsurface and Physical Conditions SC -4 . 02 Delete paragraphs 4 . 02 and 4. 03 in its entirety and insert the following paragraph in its place: There are no available soils reports or drawings . Exploration of soil conditions is the responsibility of the CONTRACTOR to provide soils exploration as needed for pole foundation design . 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 . 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 00800-2 00800 - Supplementary Conditions 06-09 rev 00800 2C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev. doc ENGINEER on account of injury sustained by an employee ( s ) of the CONTRACTOR . 2 . Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C . Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C . Non - Owned Autos . 4 . CONTRACTOR ' s "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk" insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER ' s Risk Manager for review and approval . b . " Indian River County Florida " will be named as "Additional Insured " on both the General Liability , Auto Liability and Builder' s Risk "All Risk" Insurance . C . The OWNER will be given thirty ( 30) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER ' s Risk Manager. d . An appropriate " Indemnification " clause shall be made a provision of the Contract ( see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best ' s Rating . D . Additional Insureds : 1 . In addition to " Indian River County , Florida , " the following individuals or entities shall be listed as " additional insureds" on the CONTRACTOR' s liability insurance policies : a . NONE b . C . 00800-3 00800 - Supplementary Conditions 06-09 rev 00800 3C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev.doc ENGINEER on account of injury sustained by an employee ( s ) of the CONTRACTOR . 2 . Commercial General Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C . Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C . Non - Owned Autos . 4 . CONTRACTOR ' s "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk" insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER ' s Risk Manager for review and approval . b . " Indian River County Florida " will be named as "Additional Insured " on both the General Liability , Auto Liability and Builder' s Risk "All Risk" Insurance . C . The OWNER will be given thirty ( 30) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER ' s Risk Manager. d . An appropriate " Indemnification " clause shall be made a provision of the Contract ( see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best ' s Rating . D . Additional Insureds : 1 . In addition to " Indian River County , Florida , " the following individuals or entities shall be listed as " additional insureds" on the CONTRACTOR' s liability insurance policies : a . NONE b . C . 00800-3 00800 - Supplementary Conditions 06-09 rev 00800 3C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev.doc SC -5 . 05 OWNER' s Liability Insurance SC -5 . 05 Delete paragraph GC- 5. 05. A in its entirety. SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06. A, B, and C in their entirety and insert the following paragraphs in their place: A . CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER ' s Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder' s Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . 3 . include expenses incurred in the repair or replacement of any insured property ( including but not limited to fees and charges of engineers and architects ) ; 4 . cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 5 . allow for partial utilization of the Work by OWNER ; 6 . include testing and startup ; and 7 . be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self- insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . SC -5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : 00800-4 00800 - Supplementary Conditions 06-09 rev 00800 4C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev. doc SC -5 . 05 OWNER' s Liability Insurance SC -5 . 05 Delete paragraph GC- 5. 05. A in its entirety. SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06. A, B, and C in their entirety and insert the following paragraphs in their place: A . CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER ' s Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder' s Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . 3 . include expenses incurred in the repair or replacement of any insured property ( including but not limited to fees and charges of engineers and architects ) ; 4 . cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 5 . allow for partial utilization of the Work by OWNER ; 6 . include testing and startup ; and 7 . be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self- insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . SC -5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : 00800-4 00800 - Supplementary Conditions 06-09 rev 00800 4C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev. doc 1 . The following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR ' s property insurance policies : a . Indian River County , Florida b . NONE C . 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 CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER Is employees and costs of ENGINEER ' s Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m . except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC-6 . 06 . C . Add the following sentence at the end of paragraph GC- 6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor , Supplier , or other individual or entity . 00800-5 00800 - Supplementary Conditions 06-09 rev 00800 5C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00800 - Supplementary Conditions 06-09 rev.doc 1 . The following individuals or entities shall be listed as " additional insureds " on the CONTRACTOR ' s property insurance policies : a . Indian River County , Florida b . NONE C . 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 CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER Is employees and costs of ENGINEER ' s Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 5 p . m . except in case of emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC-6 . 06 . C . Add the following sentence at the end of paragraph GC- 6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor , Supplier , or other individual or entity . 00800-5 00800 - Supplementary Conditions 06-09 rev 00800 5C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00800 - Supplementary Conditions 06-09 rev.doc SC -6 . 08 Permits SC -6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : A . The CONTRACTOR shall obtain and pay for all 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 . B . The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC - 13 . 03 Test and Inspections SC - 13 . 03 . 13 . Delete the first sentence of paragraph GC- 13. 03. 8 in its entirety, and insert the following sentences in its place : B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below . Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below ; 2 . costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 . tests otherwise specifically provided in the Contract Documents . 13 . 05 OWNER May Stop the Work SC- 13 . 05 . A . Delete paragraph GC- 13. 05. A in its entirety and insert the following paragraph in its place: A . If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment , or fails to comply with permit requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work , or any portion thereof, until the cause for such order has been eliminated ; however , this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR , any Subcontractor, any Supplier , any other individual or entity , or any surety for , or employee or agent of any of them . 00800-6 00800 - Supplementary Conditions 06-09 rev 00800 6C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UOSCAT56\00800 - Supplementary Conditions 06-09 rev.doc SC -6 . 08 Permits SC -6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : A . The CONTRACTOR shall obtain and pay for all 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 . B . The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC - 13 . 03 Test and Inspections SC - 13 . 03 . 13 . Delete the first sentence of paragraph GC- 13. 03. 8 in its entirety, and insert the following sentences in its place : B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below . Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below ; 2 . costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 . tests otherwise specifically provided in the Contract Documents . 13 . 05 OWNER May Stop the Work SC- 13 . 05 . A . Delete paragraph GC- 13. 05. A in its entirety and insert the following paragraph in its place: A . If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment , or fails to comply with permit requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work , or any portion thereof, until the cause for such order has been eliminated ; however , this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR , any Subcontractor, any Supplier , any other individual or entity , or any surety for , or employee or agent of any of them . 00800-6 00800 - Supplementary Conditions 06-09 rev 00800 6C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UOSCAT56\00800 - Supplementary Conditions 06-09 rev.doc 14 . 02 Progress Payments SC - 14 . 02 . 6 . 5 . Delete paragraph GC- 14. 02. 8. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A ; or SC - 14 . 02 . 6 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: e . OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f . OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . SC- 14 . 02 . C . 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place : C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act . F . S . 218 . 70 et . seq . SC - 14 . 04A . After the third sentence in paragraph GC- 14 . 04A of the General Conditions, delete the remainder of paragraph 14 . 04A in its entirety and replace with the following: " If Engineer considers the Work substantially complete , Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735 ( 7 ) ( a ) ( 2005 ) , upon receipt of the tentative certificate of Substantial Completion from Engineer , the Owner , the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete , satisfactory , and 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 . " 00800-7 00800 - Supplementary Conditions 06-09 rev 00800 7C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00800 - Supplementary Conditions 06-09 rev.doc 14 . 02 Progress Payments SC - 14 . 02 . 6 . 5 . Delete paragraph GC- 14. 02. 8. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A ; or SC - 14 . 02 . 6 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: e . OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f . OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . SC- 14 . 02 . C . 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place : C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act . F . S . 218 . 70 et . seq . SC - 14 . 04A . After the third sentence in paragraph GC- 14 . 04A of the General Conditions, delete the remainder of paragraph 14 . 04A in its entirety and replace with the following: " If Engineer considers the Work substantially complete , Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735 ( 7 ) ( a ) ( 2005 ) , upon receipt of the tentative certificate of Substantial Completion from Engineer , the Owner , the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete , satisfactory , and 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 . " 00800-7 00800 - Supplementary Conditions 06-09 rev 00800 7C:\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00800 - Supplementary Conditions 06-09 rev.doc 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 GC- 14. 07. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218 . 70 , et . seq . SC - 15 . 01 OWNER May Suspend Work SC - 15 . 01 . A Delete the last sentence in paragraph GC- 15. 01 . A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco - nomic loss arising out of or resulting from such Work suspension . SC - 15 . 02 OWNER May Terminate For Cause SC - 15 . 02 . A . 5 and SC - 15 . 02 . A . 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4 : 5 . CONTRACTOR ' s violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR ' s failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC - 15 . 04 CONTRACTOR May Stop Work or Terminate SC - 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04. A : or OWNER fails foF 30 days to pay GONTRACTOR any sum finally deteFmined to be due , SC - 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04. A : or OWNER has failed for 30 days to pay CONTRAGTOR any sum finally deteFlMined to be 00800-8 00800 - Supplementary Conditions 06-09 rev 00800 8C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00800 - Supplementary Conditions 06-09 rev.doc 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 GC- 14. 07. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218 . 70 , et . seq . SC - 15 . 01 OWNER May Suspend Work SC - 15 . 01 . A Delete the last sentence in paragraph GC- 15. 01 . A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco - nomic loss arising out of or resulting from such Work suspension . SC - 15 . 02 OWNER May Terminate For Cause SC - 15 . 02 . A . 5 and SC - 15 . 02 . A . 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4 : 5 . CONTRACTOR ' s violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR ' s failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC - 15 . 04 CONTRACTOR May Stop Work or Terminate SC - 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04. A : or OWNER fails foF 30 days to pay GONTRACTOR any sum finally deteFmined to be due , SC - 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04. A : or OWNER has failed for 30 days to pay CONTRAGTOR any sum finally deteFlMined to be 00800-8 00800 - Supplementary Conditions 06-09 rev 00800 8C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\UO8CAT5B\00800 - Supplementary Conditions 06-09 rev.doc 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 : " Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR ' S Name ) and to ( CONTRACTOR Surety Company Name ) , pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub- subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit- claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . + + END OF SUPPLEMENTARY CONDITIONS + + 00800-9 00800 - Supplementary Conditions 06-09 rev 00800 9C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev.doc 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 : " Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR ' S Name ) and to ( CONTRACTOR Surety Company Name ) , pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub- subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit- claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . + + END OF SUPPLEMENTARY CONDITIONS + + 00800-9 00800 - Supplementary Conditions 06-09 rev 00800 9C :\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. 0utlook\U08CAT5B\00800 - Supplementary Conditions 06-09 rev.doc APPENDIX A 1 . Location Map ( I Sheet) 2 . Survey Information (3 Sheets) C :ADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\APPENDIX A . doc APPENDIX A 1 . Location Map ( I Sheet) 2 . Survey Information (3 Sheets) C :ADocuments and Settings\jwilliams\Local Settings\Temporary Internet Files\Content. Outlook\U08CAT5B\APPENDIX A . doc BALL FIELD #2 INDIAN RIVER COUNTY SEE SHEET 3 ENGINEERING DIVISIONSURVEY SECTION m R � VER o n s a i 1 Y 1 'R (3 .a.:--+ � yr `,AA' o f O f~=J nR ` O J \� N Y� �r•€ os u 4 NOT TO SCALE ) r7y Y VETO BEACH SPORTS VILLAGE SPECIFIC PURPOSE SURVEY PROJECT # 1042 3 0 SURVEYOR ' S NOTES : 3 l• W r •_ - _ TYPE OF SURVEY: TOPOGRAPHIC g_ Y ; ^yd9'":� €� tj "rias J - 1 . THE SPECIFIC PURPOSE OF THIS SURVEY WAS TO LOCATE ALL FENCES SURROUNDING BALL FIELD 1 AND 2 OF THE 'VETO BEACH KEY MAP ' BALL FIELD # � BE USEDVI O�GNSTALLHORIZONTAL MAS TLDGHTSVERTICAL FOR EACH FIELD DIMS WERE SET IN, OR AT CLOSE PROXIMITY TO EACH FIELD . THIS SURVEY IS TO N NOT TO SCALE SEE SHEET 2 2. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE THERE MAY BE EASEMENTS AND/OR RESTRICTIONS m NO SHOWN HEREON . BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. N 3- ONLY ABOVE GROUND APPURTENANCES AND VISIBLE UTILITIES HAVE BEEN LOCATED. UNDERGROUND IMPROVEMENTS SUCH AS UTILITIES i AN.1 FOUNDATIONS WERE NOT LOCATED EXCEPT AS SHOWN . w 4 . THE SUBJECT PROPERTY LIES IN UNSHADED ZONE •X', AREA DETERMINED TO BE OUTSIDE THE 500 —YEAR FLOOD PLAIN, BY SCALING THE FL: OD ZONE LINES AS SHOWN ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP; PANEL 155 OF 169 , MAP 13' No. 12061CO155 E. EFFECTIVE DATE: MAY 4 , 1989 . F IBREVIATIONSn� 2.0' 5. THE ELEVATIONS SHOWN HEREON ARE BASED UPON THE INDIAN RIVER COUNTY VERTICAL NETWORK AND ARE RELATIVE TO THE NATIONAL o � GEODETIC VERTICAL DATUM OF 1929 (N .G.V.D. 29) . THIS SURVEY WAS TIED TO BM086006 (ELEVATION = 26. 187') , BM086009 (ELEVATION = 26 :'.28') AND BM086012 (ELEVATION = 26.983'). ALL OF THE BENCHMARKS IN THE INDIAN RIVER COUNTY VERTICAL NETWORK HAVE BEEN 5 HOME PLATE BASES 1 - 3 PITCHER 'S RUBBER AD.;USTED RELATIVE TO BOTH N.GV.D. 29 AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (N .A.V. D . BB) . THE AVERAGE CONVERSION S FR ;M N.G.V. D. 29 TO N.A.V.D. 88 WAS BASED UPON THE DIFFERENCE BETWEEN THE ADJUSTED ELEVATIONS FOR THE 3 BENCHMARKS LISTED m OOR AB IVE. THE DIFFERENCE FOR EACH BENCHMARK IS - 1 .428'. a BASE DETAILS ER COUNTY 6 . THE COORDINATES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN rn OD & CAP NOT TO SCALE DATUM, 2007 ADJUSTMENT. THIS SURVEY WAS TIED TO NATIONAL GEODETIC SURVEY BLUE-BOOKED SURVEY MARKS IRC1 (P.LD. DK5329) AND YLDN NAIL. NOTE: BASES AND PITCHER'S RUBBERS WERE NOT DRAWN IRC?, (P.I. D. DK5328). ZY BENCHMARK TO SCALE ON THE SHEETS 2 AND 3 AS THEY WOULD HAVE 7 . THE LOCATIONS SHOWN HEREON WERE OBTAINED FROM A FIELD SURVEY BY INDIAN RIVER COUNTY SURVEY PERSONNEL THAT BEGAN ON BEEN ILLEGIBLE DUE TO THE SCALE OF THE DRAWING. 11 - 19- 10 AND WAS COMPLETED ON 11 - 23- 10. w VATION 8 . THIS SURVEY MEETS OR EXCEEDS THE ACCURACY REQUIRED FOR A SPECIFIC PURPOSE SURVEY PER CHAPTER 5J- 17 .051 , FLORIDA o ADtTINISTRATIVE CODE. a ENCE LINEz 9 . SYMBOLS SHOWN HEREON DEPICT THE HORIZONTAL POSITION OF THAT SPECIFIC IMPROVEMENT. THE SYMBOLS (FOR GRAPHICAL 0 i PURPOSE) ARE NOT DRAWN TO SCALE. o 10. HORIZONTAL FEATURE ACCURACY: TOPOGRAPHIC LAND FEATURES (SIGNS, INLETS, VALVES, MAILBOXES, POWER POLES , DRIVEWAYS, CULVERTS AND SIMILAR FEATURES) HAVE A HORIZONTAL FEATURE ACCURACY OF PLUS OR MINUS 0. 25 FEET. w z 11 , VERTICAL FEATURE ACCURACY FOR ELEVATIONS SHOWN HEREON HAS AN ACCURACY OF PLUS OR MINUS 0.04' FOR HARD SHOTS 3 RESPONSIBLE CHARGE (PAVEMENT, INLETS , ETC. ) AND AN ACCURACY OF PLUS OR MINUS 0. 10 FEE( FOR SOFT SHOTS (SLOPES, NATURAL GROUND, ETC. ) . 12 . THE MEASUREMENTS FOR THIS SURVEY WERE MADE UTILIZING CONVENTIONAL AND REAL TIME KINEMATIC SURVEYING METHODS WITH THE o FOLLOWING EQUIPMENT: LEICA 1200 GLOBAL POSITIONING SYSTEM , LEICA TCR 1203 TOTAL STATION, LEICA NAK AUTOMATIC LEVEL AND A ; TRIPOD DATA SYSTEMS NOMAD DATA COLLECTOR . DATE LS 6139 13 . ALL MEASUREMENTS SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY FEET. a VEYOR AND MAPPER w J DER THE INDIAN a ONVERSION MAP NOT COMPLETE WITHOUT ALL SHEETS I THROUGH 3 AS CREATED a _EVATION BETWEEN - 1 . 428 ' NOT VALID WITHOUT THE SIGNATURE AND ORIGNAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONALSURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY Df9GwE0 �: s CTI : 26 a°°"° "' SPECIFIC PURPOSE SURVEY DATE BY INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS BLANCHARD 108 12 -8 - 10 1 1801 27TH STREET D�" w: BE ROACH rows p: 31S >wr: vxaEn W)mum VERO BEACH SPORTS VILLAGE of VERO BEACH, FL 772 32960 ENGINEERING DIVISION -SURVEY SEC:iON D . SILON wwcc. 39E za 1042 COVER SHEET 3 567-80001 �0 BALL FIELD #2 INDIAN RIVER COUNTY SEE SHEET 3 ENGINEERING DIVISIONSURVEY SECTION m R � VER o n s a i 1 Y 1 'R (3 .a.:--+ � yr `,AA' o f O f~=J nR ` O J \� N Y� �r•€ os u 4 NOT TO SCALE ) r7y Y VETO BEACH SPORTS VILLAGE SPECIFIC PURPOSE SURVEY PROJECT # 1042 3 0 SURVEYOR ' S NOTES : 3 l• W r •_ - _ TYPE OF SURVEY: TOPOGRAPHIC g_ Y ; ^yd9'":� €� tj "rias J - 1 . THE SPECIFIC PURPOSE OF THIS SURVEY WAS TO LOCATE ALL FENCES SURROUNDING BALL FIELD 1 AND 2 OF THE 'VETO BEACH KEY MAP ' BALL FIELD # � BE USEDVI O�GNSTALLHORIZONTAL MAS TLDGHTSVERTICAL FOR EACH FIELD DIMS WERE SET IN, OR AT CLOSE PROXIMITY TO EACH FIELD . THIS SURVEY IS TO N NOT TO SCALE SEE SHEET 2 2. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE THERE MAY BE EASEMENTS AND/OR RESTRICTIONS m NO SHOWN HEREON . BUT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. N 3- ONLY ABOVE GROUND APPURTENANCES AND VISIBLE UTILITIES HAVE BEEN LOCATED. UNDERGROUND IMPROVEMENTS SUCH AS UTILITIES i AN.1 FOUNDATIONS WERE NOT LOCATED EXCEPT AS SHOWN . w 4 . THE SUBJECT PROPERTY LIES IN UNSHADED ZONE •X', AREA DETERMINED TO BE OUTSIDE THE 500 —YEAR FLOOD PLAIN, BY SCALING THE FL: OD ZONE LINES AS SHOWN ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP; PANEL 155 OF 169 , MAP 13' No. 12061CO155 E. EFFECTIVE DATE: MAY 4 , 1989 . F IBREVIATIONSn� 2.0' 5. THE ELEVATIONS SHOWN HEREON ARE BASED UPON THE INDIAN RIVER COUNTY VERTICAL NETWORK AND ARE RELATIVE TO THE NATIONAL o � GEODETIC VERTICAL DATUM OF 1929 (N .G.V.D. 29) . THIS SURVEY WAS TIED TO BM086006 (ELEVATION = 26. 187') , BM086009 (ELEVATION = 26 :'.28') AND BM086012 (ELEVATION = 26.983'). ALL OF THE BENCHMARKS IN THE INDIAN RIVER COUNTY VERTICAL NETWORK HAVE BEEN 5 HOME PLATE BASES 1 - 3 PITCHER 'S RUBBER AD.;USTED RELATIVE TO BOTH N.GV.D. 29 AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (N .A.V. D . BB) . THE AVERAGE CONVERSION S FR ;M N.G.V. D. 29 TO N.A.V.D. 88 WAS BASED UPON THE DIFFERENCE BETWEEN THE ADJUSTED ELEVATIONS FOR THE 3 BENCHMARKS LISTED m OOR AB IVE. THE DIFFERENCE FOR EACH BENCHMARK IS - 1 .428'. a BASE DETAILS ER COUNTY 6 . THE COORDINATES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN rn OD & CAP NOT TO SCALE DATUM, 2007 ADJUSTMENT. THIS SURVEY WAS TIED TO NATIONAL GEODETIC SURVEY BLUE-BOOKED SURVEY MARKS IRC1 (P.LD. DK5329) AND YLDN NAIL. NOTE: BASES AND PITCHER'S RUBBERS WERE NOT DRAWN IRC?, (P.I. D. DK5328). ZY BENCHMARK TO SCALE ON THE SHEETS 2 AND 3 AS THEY WOULD HAVE 7 . THE LOCATIONS SHOWN HEREON WERE OBTAINED FROM A FIELD SURVEY BY INDIAN RIVER COUNTY SURVEY PERSONNEL THAT BEGAN ON BEEN ILLEGIBLE DUE TO THE SCALE OF THE DRAWING. 11 - 19- 10 AND WAS COMPLETED ON 11 - 23- 10. w VATION 8 . THIS SURVEY MEETS OR EXCEEDS THE ACCURACY REQUIRED FOR A SPECIFIC PURPOSE SURVEY PER CHAPTER 5J- 17 .051 , FLORIDA o ADtTINISTRATIVE CODE. a ENCE LINEz 9 . SYMBOLS SHOWN HEREON DEPICT THE HORIZONTAL POSITION OF THAT SPECIFIC IMPROVEMENT. THE SYMBOLS (FOR GRAPHICAL 0 i PURPOSE) ARE NOT DRAWN TO SCALE. o 10. HORIZONTAL FEATURE ACCURACY: TOPOGRAPHIC LAND FEATURES (SIGNS, INLETS, VALVES, MAILBOXES, POWER POLES , DRIVEWAYS, CULVERTS AND SIMILAR FEATURES) HAVE A HORIZONTAL FEATURE ACCURACY OF PLUS OR MINUS 0. 25 FEET. w z 11 , VERTICAL FEATURE ACCURACY FOR ELEVATIONS SHOWN HEREON HAS AN ACCURACY OF PLUS OR MINUS 0.04' FOR HARD SHOTS 3 RESPONSIBLE CHARGE (PAVEMENT, INLETS , ETC. ) AND AN ACCURACY OF PLUS OR MINUS 0. 10 FEE( FOR SOFT SHOTS (SLOPES, NATURAL GROUND, ETC. ) . 12 . THE MEASUREMENTS FOR THIS SURVEY WERE MADE UTILIZING CONVENTIONAL AND REAL TIME KINEMATIC SURVEYING METHODS WITH THE o FOLLOWING EQUIPMENT: LEICA 1200 GLOBAL POSITIONING SYSTEM , LEICA TCR 1203 TOTAL STATION, LEICA NAK AUTOMATIC LEVEL AND A ; TRIPOD DATA SYSTEMS NOMAD DATA COLLECTOR . DATE LS 6139 13 . ALL MEASUREMENTS SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY FEET. a VEYOR AND MAPPER w J DER THE INDIAN a ONVERSION MAP NOT COMPLETE WITHOUT ALL SHEETS I THROUGH 3 AS CREATED a _EVATION BETWEEN - 1 . 428 ' NOT VALID WITHOUT THE SIGNATURE AND ORIGNAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONALSURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY Df9GwE0 �: s CTI : 26 a°°"° "' SPECIFIC PURPOSE SURVEY DATE BY INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS BLANCHARD 108 12 -8 - 10 1 1801 27TH STREET D�" w: BE ROACH rows p: 31S >wr: vxaEn W)mum VERO BEACH SPORTS VILLAGE of VERO BEACH, FL 772 32960 ENGINEERING DIVISION -SURVEY SEC:iON D . SILON wwcc. 39E za 1042 COVER SHEET 3 567-80001 �0 asp . R u 60 0 30 60 120 5 / 8 " I . R . / CAP SET `s p6 9� �9� yp T CsRAPHlC sCAL� ( IN FEET ) o TRAVERSE POINT 6 �� k 1203427 , 4200 N FENCE4 . 7 GAT ys �Fp O� A P 842607 . 9300 E C I� 2 CBOG Y s 3 STATION 13 + 07 . 69 N COVERED24 . 7 s 0 WOOD DECK Rs Q { R p9 DUG OUT ( SCORE KEEPER ) R ( 8 ' C / L FENCE F . F . EL . 29 . 06 W/WOOD ROOF) ti� 7 Q s GATE CATCHER ' S BOX xQ 6 R VD .S m $ tihL 25 . 4 HOME PLATE GATE Lu 12 ) C / L FENCE L 1203431 . 9900 N D 842626 . 6500 E R cP - 3 a 5 . 4 i PITCHER ' S MOUND . 24 . 9 C) 25 . 3 ( BULL PEN ) 5- 7 nA < \ _ Q 26 . 0 J 2424. 7 �xQN 55 5 . 7 260 6'. 6 25 . 9 ��(iC U v 5 24 . 5 � � . 0 25 . 7 /0- O � CD � > 1P SFT F 6 25. PITCHER ' S MOUND 25 . 5 O - G� DINT 0� � TENNIS COURTS o Q N JO N+ 24 . 5 p F� 5 . 4 o�2C c� NN xQQ �6 �NtJ 7. 5 . 5 o J� 2a a. 7 0 00 . 00 r +24 -8 ++24 . 4 4. 7 0� 25 . 0 N 24 . 2 J kQ 4. 7 +24 . 9 .\Q 24 .9 5 n . 24 . 6 S 24. 3 0 2a 724 0 BALL FIELD # 1 + 24 . 8 O FOUL POLE 24 . 9 +240 "< n 1203177 . 7681 N � +24 . 8 N o r 842372 . 7930 E +25 . 1 25. 0 O w W a 24. 8 O O a n � Wj o vi p 24 . 7 i FOUL POLE 24 . 4 w 1203153 . 8415 N _ 4 . 2 842906 . 3753 E 2 O Y ED WOOO L 24 524C � L FENGE ; W AL o g' pADD NET 2 z `; FENCE R 18� 2�95 . 6632 E 2a .37 . 3769 Z ,n 3' C / L ASN& NE 11N0 4 4 . 15 pOS S 2C / L FENGE NOT COMPLETE WRHOUT ALL SHEETS 1 THROUGH 3 AS CREATED o NOT VAUD WITHOUT THE SIGNATURE AND oRM& RAISED SEAL OF A THIS IS NOT A BOUNDARY SURVEY flORIDA UCENSED PROFESMNAL SURVEYOR AND MAPPER SHEET DATE Br INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS `D " °" 26 ° BCH aE, SPECIFIC PURPOSE SURVEY 2 BLANCHARD 108 12 -8- 10 uF 1801 27TH STREET a. ROACH ,w,+sH�P: 318 P� . PNNEiINwY VERO BEACH SPORTS VILLA 3 VERO BEACH, EL 32960 ENGINEERING DIVISION-SURVEY SECTION ,wPaaen rx: D. SILON - 39E 24 7042 DETAIL SHEET - BALL FIELD # 1 772 567 -8000 asp . R u 60 0 30 60 120 5 / 8 " I . R . / CAP SET `s p6 9� �9� yp T CsRAPHlC sCAL� ( IN FEET ) o TRAVERSE POINT 6 �� k 1203427 , 4200 N FENCE4 . 7 GAT ys �Fp O� A P 842607 . 9300 E C I� 2 CBOG Y s 3 STATION 13 + 07 . 69 N COVERED24 . 7 s 0 WOOD DECK Rs Q { R p9 DUG OUT ( SCORE KEEPER ) R ( 8 ' C / L FENCE F . F . EL . 29 . 06 W/WOOD ROOF) ti� 7 Q s GATE CATCHER ' S BOX xQ 6 R VD .S m $ tihL 25 . 4 HOME PLATE GATE Lu 12 ) C / L FENCE L 1203431 . 9900 N D 842626 . 6500 E R cP - 3 a 5 . 4 i PITCHER ' S MOUND . 24 . 9 C) 25 . 3 ( BULL PEN ) 5- 7 nA < \ _ Q 26 . 0 J 2424. 7 �xQN 55 5 . 7 260 6'. 6 25 . 9 ��(iC U v 5 24 . 5 � � . 0 25 . 7 /0- O � CD � > 1P SFT F 6 25. PITCHER ' S MOUND 25 . 5 O - G� DINT 0� � TENNIS COURTS o Q N JO N+ 24 . 5 p F� 5 . 4 o�2C c� NN xQQ �6 �NtJ 7. 5 . 5 o J� 2a a. 7 0 00 . 00 r +24 -8 ++24 . 4 4. 7 0� 25 . 0 N 24 . 2 J kQ 4. 7 +24 . 9 .\Q 24 .9 5 n . 24 . 6 S 24. 3 0 2a 724 0 BALL FIELD # 1 + 24 . 8 O FOUL POLE 24 . 9 +240 "< n 1203177 . 7681 N � +24 . 8 N o r 842372 . 7930 E +25 . 1 25. 0 O w W a 24. 8 O O a n � Wj o vi p 24 . 7 i FOUL POLE 24 . 4 w 1203153 . 8415 N _ 4 . 2 842906 . 3753 E 2 O Y ED WOOO L 24 524C � L FENGE ; W AL o g' pADD NET 2 z `; FENCE R 18� 2�95 . 6632 E 2a .37 . 3769 Z ,n 3' C / L ASN& NE 11N0 4 4 . 15 pOS S 2C / L FENGE NOT COMPLETE WRHOUT ALL SHEETS 1 THROUGH 3 AS CREATED o NOT VAUD WITHOUT THE SIGNATURE AND oRM& RAISED SEAL OF A THIS IS NOT A BOUNDARY SURVEY flORIDA UCENSED PROFESMNAL SURVEYOR AND MAPPER SHEET DATE Br INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS `D " °" 26 ° BCH aE, SPECIFIC PURPOSE SURVEY 2 BLANCHARD 108 12 -8- 10 uF 1801 27TH STREET a. ROACH ,w,+sH�P: 318 P� . PNNEiINwY VERO BEACH SPORTS VILLA 3 VERO BEACH, EL 32960 ENGINEERING DIVISION-SURVEY SECTION ,wPaaen rx: D. SILON - 39E 24 7042 DETAIL SHEET - BALL FIELD # 1 772 567 -8000 60 0 30 60 120 25 s NGE c FE i - GI � FEN� � g G Z 4 , FFti�F GRAPHIC SCALE ( IN FEET ) w N z3 � c a a , GF FENCE 2° 4 24 . 6 24 . 4 1204112 . 6932 N FOUL POLE - 8423474932 E 23. 1204085 . 5970 N GI 842665 . 9209 E a 24 . 3 23. 6 23 . 8 GATE BEGIN 5 ' C / L FENCE 3 . 6BM31 1003 ' M GATE PITCHER ' S M UND N 24 .0 3 . 6 MAG NAIL/ DISK SET ; +zs . N S . SIDE CATCH BASIN g 4 . 24 .0 24 . 1 " LR . C . T . B . M . " ,24 . 1 3 . 4 EL . = 22 . 55 ( NGVD 29 ) n +24 .0 W w W N Z J Z CATCH R ' S BOX z . 1 z4 . 1 0 BALL FIEF # 4 3 00 24_ 2 3 . 0 f- (n O O v 4 . 4 v FOUL POLE J v� J 1203870 . 7799 N O W 842232 . 3473 E L 5 . 4 GATE Z_ +24 - 5 25 . 3 5 Ld D J C J LL \ J N 2a� 00 a ° o 24 . 0 24 . 3 25 . 5 U 5 . 5 T . 24 . 3 Jr J 25 . 5 T) � 0 F PITCHE2 ,7s MOUND ctj Z4 DUG OUT m s PITCHER ' S 0 6 OUt 6 Ss . 9 Q o N ( 8 ' C / L FENCE GATE a4 OUND 24 . 2 6 .0 egsf� � zssNS 206 .o Q W/WOOD ROOF ) 4. � ® s . � o s Qj V�. w C � q 24 . / l0 #2 0 . 5 25 0 o N 122 C / L FENCE FENC . 7 �Z39 D zs . "- 2 N W / 8 NET e 4 4 UC O CATCHER ' S 39 o% ENU F 25 . 4 wr z4 OD R OE w BOX GATE OOF) co ?q w 12C / L FENCE 24. 4 4524 4 4 2A 6 x W / 8 ' NET 24 12 ' C / L FENCE 3 W / 8 ' NET gM311004 5/ 8 " LR . / CAP SET TRANSFORMERS ON P . K . & DISK ED . TRAVERSE POINT 5 . 4 ' x6 . 4 ' 25 . 8 " B . S . I . CONTROL " 1203756 . 5900 IN 842528 . 6400 E CONCRETE PAD EL . - 24 . 93 ' ( NGVD 29 ) STATION 52 + 71 . 66 WOOD LIGHT POLE 6 ' WOOD FENCE 0 NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 3 AS CRFATED SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY a NOT VALID WRHOUT THE SIGNATURE AND ORIGNAL RAISED SEAL OF A FLORIDA LM= PROFESMNAL s"� D o»: z6 a K: aE SPECIFIC PURPOSE SURVEY 3 D[sia"ED W BUNCHARD 100 12-8- 10 op onrE BY INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS p: 31s VERO BEACH SPORTS VILLAGE 3 eo1 z7rH srREEr B. ROACH pwE. p"° " "" � DETAIL SHEET - BALL FIELD 2 VERO BEACH , FL 32960 - ENGINEERING DIVISION -SURVEY SECTION Trp O wo D . SILON w+we 39E 24 10 A' 2 772 567 -8000 ' 60 0 30 60 120 25 s NGE c FE i - GI � FEN� � g G Z 4 , FFti�F GRAPHIC SCALE ( IN FEET ) w N z3 � c a a , GF FENCE 2° 4 24 . 6 24 . 4 1204112 . 6932 N FOUL POLE - 8423474932 E 23. 1204085 . 5970 N GI 842665 . 9209 E a 24 . 3 23. 6 23 . 8 GATE BEGIN 5 ' C / L FENCE 3 . 6BM31 1003 ' M GATE PITCHER ' S M UND N 24 .0 3 . 6 MAG NAIL/ DISK SET ; +zs . N S . SIDE CATCH BASIN g 4 . 24 .0 24 . 1 " LR . C . T . B . M . " ,24 . 1 3 . 4 EL . = 22 . 55 ( NGVD 29 ) n +24 .0 W w W N Z J Z CATCH R ' S BOX z . 1 z4 . 1 0 BALL FIEF # 4 3 00 24_ 2 3 . 0 f- (n O O v 4 . 4 v FOUL POLE J v� J 1203870 . 7799 N O W 842232 . 3473 E L 5 . 4 GATE Z_ +24 - 5 25 . 3 5 Ld D J C J LL \ J N 2a� 00 a ° o 24 . 0 24 . 3 25 . 5 U 5 . 5 T . 24 . 3 Jr J 25 . 5 T) � 0 F PITCHE2 ,7s MOUND ctj Z4 DUG OUT m s PITCHER ' S 0 6 OUt 6 Ss . 9 Q o N ( 8 ' C / L FENCE GATE a4 OUND 24 . 2 6 .0 egsf� � zssNS 206 .o Q W/WOOD ROOF ) 4. � ® s . � o s Qj V�. w C � q 24 . / l0 #2 0 . 5 25 0 o N 122 C / L FENCE FENC . 7 �Z39 D zs . "- 2 N W / 8 NET e 4 4 UC O CATCHER ' S 39 o% ENU F 25 . 4 wr z4 OD R OE w BOX GATE OOF) co ?q w 12C / L FENCE 24. 4 4524 4 4 2A 6 x W / 8 ' NET 24 12 ' C / L FENCE 3 W / 8 ' NET gM311004 5/ 8 " LR . / CAP SET TRANSFORMERS ON P . K . & DISK ED . TRAVERSE POINT 5 . 4 ' x6 . 4 ' 25 . 8 " B . S . I . CONTROL " 1203756 . 5900 IN 842528 . 6400 E CONCRETE PAD EL . - 24 . 93 ' ( NGVD 29 ) STATION 52 + 71 . 66 WOOD LIGHT POLE 6 ' WOOD FENCE 0 NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 3 AS CRFATED SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY a NOT VALID WRHOUT THE SIGNATURE AND ORIGNAL RAISED SEAL OF A FLORIDA LM= PROFESMNAL s"� D o»: z6 a K: aE SPECIFIC PURPOSE SURVEY 3 D[sia"ED W BUNCHARD 100 12-8- 10 op onrE BY INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS p: 31s VERO BEACH SPORTS VILLAGE 3 eo1 z7rH srREEr B. ROACH pwE. p"° " "" � DETAIL SHEET - BALL FIELD 2 VERO BEACH , FL 32960 - ENGINEERING DIVISION -SURVEY SECTION Trp O wo D . SILON w+we 39E 24 10 A' 2 772 567 -8000 ' 41VER colo ► / II � C� Indian River County Purchasing Division 1800 27th Street °�D / ( — � a ✓ Vero Beach , FL 32960 FLORI��' Phone (772) 226 - 1416 Fax (772) 770-5140 Invitation to Bid Project Name : VERO BEACH SPORTS VILLAGE SPORTS LIGHTING SYSTEMS Bid # : 2011025 Bid Bond Required : Yes Public Construction Bond Required : Yes Pre Bid Meeting : Yes Non-Mandatory Date : JANUARY 5 , 2011 Time : 2 : 00 P .M. Location : Indian River County Administration Building Building A, Conference Room Al -303 Refer Technical Specifications Questions to : Name/Title Christopher J Kafer, Jr P E County Engineer Vero Beach , Florida 32960 Phone : (772) 2264221 Fax : (772) 778 - 9391 Refer General Terms & Conditions Questions to : Purchasing Manager : Jerry Davis Phone : (772) 226 - 1416 Fax : (772) 770- 5140 Email : purchasing(& iregov. com Bid Opening Date : JANUARY 219 2011 Bid Opening Time : 2 : 00 P . M . ALL BIDS SHOULD BE DELIVERED TO PURCHASING DIVISION , 1800 27 FII STREET , VERO BEACH , FLORIDA 329603 PRIOR TO THE DATE AND TIME SHOWN ABOVE , LATE BIDS WILL BE RETURNED UNOPENED . =PLEASE SUBMIT ONE (1) SIGNED ORIGINAL AND TWO (2) COPIES OF YOUR BID . 1 FAPublic Works\ENGINEERING DIVISION PROJEC'T'S\ 1042 V13 Sports d Village Lighting\Admim\bid documents\Bid Docs VBSV Lighting revised