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HomeMy WebLinkAbout2009-280- MAi[ _ { -nL4i C NDIAN IVER `-�-`° OUNTY �°� � - a 8 1p RECEIVED 00 /1 DEC 2 9 2009 UTI LITI ES BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES Brine Line Conversion To A Potable Water Main - 77th St. Project No. UCP 3086/ Bid No: 2009064 WIP-No-: 315210.066510.05048 - SCNULKE, gITTLE gt STODDARD, L.L.C. CIVIL b STRUCTURAL ENGlNEER1NG • l,41Vp PLANNING • ENVlRONMF.NiAL PERM177t " t' ' h 1717 Indian River Blvd., Suite 201 • Vero Beach, FL, 32960 Ph. (772) 770-9622 • Fax(772)770-9496 www.sbsengineers.com AUG 270q BID # 2009064 BRINE LINE CONVERSION TO A POTABLE WATER MAIN - 77TH STREET TABLE OF CONTENTS Division 0 Bidding and Contract Requirements 00020 .00100 00200 00300 00310 00320 00410 00431 00452 00456 00530 00610 00612 00700 00800 Division 1 01000 01025 01060 01090 01152 01153 01201 01311 01340 01381 01410 01510 01560 01600 01700 01710 01720 01740 Division 2 02000 02001 02002 02115 02401 02485 02576 Advertisement for Bids Instruction to Bidders Local Preference in Purchasing or Contracting Bid Form Trench Safety Act Compliance Statement Local Business Certification Form AIA Document A310 Bid Bond Schedule of Subcontractors Disclosure of Relationships General Information Required of Bidders EJCDC - Agreement Between Owner and Contractor Construction Performance Bond Payment Bond Standard General Conditions of Construction Contract Supplementary Conditions General Requirements Summary of Work Measurement and Payment Regulatory Requirements and Notification Reference Standards Applications for Payment Change Order Procedures Preconstruction Conference Construction Schedules Shop Drawings, Product Data and Samples Audio -Visual Documentation Testing Laboratory Services Temporary Utilities Temporary Controls Material and Equipment Contract Close-out C eaning --- -- Project Record Documents Warranties and Bonds Specifications — Site Work Water and Wastewater Utility Standards Conversion Method — Minimum Recommended Requirements Specifications for the Cleaning of In -Service Piping Systems Tree Protection and Trimming Dewatering Grassing Pavement, Sidewalk, and Driveway Replacement f -3-0g DIVISION 0 BIDDING AND CONSTRUCTION REQUIREMENTS SECTION 00020 ADVERTISEMENT FOR BIDS CONSTRUCTION OF Brine Line Conversion to a Potable Water Main — 77th Street INDIAN RIVER COUNTY BID No. 2009064 UTILITIES PROJECT NO. UCP No. 3086 The Indian River County (IRC) Board of County Commissioners is accepting sealed bids for construction of the Brine Line Conversion to a Potable Water Main — 77th Street. Bids will be receithe ved by Indian River County marked "Sealed Bid" until October 7. 2009. Each bid shall be submitted in sealed envelope and shall bear the name and address of the bidder on the outside and the words Brine Line Conversion to a Potable Water main — 77th Street, Bid No: 2009064 UCP No: 3086. Only bid received on or before the time and date listed will be considered. Bids should be addressed to Purchasing Division, 1801 27th Street, Vero Beach, Florida 32960. All bids will be opened publicly a read aloud at 2:00 PM. Deadline for receipt of bids has been set for Octob. All bids re eived after 2:00 PM. will be returned unopened. er72009 d All material and equipment furnished and all work performed shall be in strict accordance with theI specifications, and contract documents pertaining thereto, which may be obtained from the En neer, Schulke, Bittle & Stoddard, LLC, 1717 Indian River Blvd., Suite 201, Vero Beach, Florida 32 , (772-770-9622). Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Schulke, Bittle & Stoddard, LLC in the amount Of Two Hundred Dollars ($200.00) for each set, which represents the cost of printing, handling an mailing and is non-refundable. Communication concerning this bid shall be directed to IRC Purchasindo Department at 772-567-8000 Ext. 1416. County Administration Building, Bldg BIII! 1! 1111 111,111,1111 tern , _luConfe ence Room 1303t 18000 2709 a 10:00 AM Street, Vero Beachr in the Indian Rive Florida 32960. This meeting is NON -MANDATORY. B INDIAN RIVER COUNTY - PURCHASING MANAGER For Publication in the Vero Beach Press Journal Please furnish tear sheet and affidavit of Date: Publication to: August 27 2009 INDIAN RIVER COUNTY PURCHASING DIVISION 1801 27th Street, Vero Beach, FL 32960 00020-1 00020 Advertisement For Bid.doc SECTION 00100 INSTRUCTIONS TO BIDDERS (Based Upon EJCDC No. C-700,2002 Ed.) 1.01 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. C-700, 2002 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, The Bid Form, Disclosure of Relationships Statement, General Information Regarding Bidder, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.02 COPIES OF BIDDING DOCUMENTS A. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from ENGINEER Joseph W. Schulke, P.E.; Schulke, Bittle & Stoddard, LLC, 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960; Telephone (772) 770-9622; Facsimile (772) 770-9496; Email jschulke@sbsengineers.com. B. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. C. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents. 1.03 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within 5 days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period. 1.04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder, before submitting a bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress, performance, or furnishing of the work, (c) consider federal, state, and local -laws -and -regulations tflat—may aff� ct osts progress performance; or famishing of the work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, or discrepancies in the Contract Documents. B. Reference is made to the Supplementary Conditions for identification of: 1. Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations, or opinions contained therein or for the completeness thereof the purposes of bidding or construction. 00100-1 To obtain access to the site, the following shall be contacted: Larry Brown, P.E.; Indian River County Department of utility Services (772) 226-1827.The site is located at Brine Line Conversion To A Potable Water Main — 77`" Street. 2. Those drawings of physical conditions in relation to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings, but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 1.04.81 and 1.04.62 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. C. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. D. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. E. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies, and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. F. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. G. The lands upon which the work is to be performed, right-of-way and easements for access thereto and other lands designed for use by the Contractor in performing the work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by and paid for by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. H. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this the Instruction to Bidder, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 00100-2 1.05 INTERPRETATIONS AND ADDENDA A. All questions about the meanings or intent of the Contract Documents are to be directed in writing to the Indian River County Purchasing Department. Interpretation or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for the opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will not be binding and will be without legal effect. B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Only the interpretation or correction issued by Owner or Engineer by Addendum shall be binding. Prospective Bidders are advised that no other source is authorized to give information concerning the documents or to explain or interpret the documents. C. All Bidders will acknowledge in the space provided for in Section 00300 BID FORM, the receipt of all Addenda and will confirm that the Addenda have been considered in the preparations of their proposal. 1.06 BID SECURITY A. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum base bid price and in the form of a certified or cashiers check or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. B. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award, and the Bid security of that Bidder will be retained by the County. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh (7) day after the effective date of the Agreement or the ninety-first (91) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with bids which are not competitive may be returned before the end of the ninety -day (90) period. 1.07 CONTRACT TIME The number of days within which, or dates by which, the work is to be substantially completed and also complete and ready for final payment (the Contract Time) are set forth in the Bid Form (Section 00300) and the Agreement (Section 00530). 1-08 LIQUIDATED DAMAGES — — Provisions for liquidated damages are set forth in the Agreement (Section 00530). 1.09 SUBSTITUTE OR "OR EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application 00100-3 by Contractor and consideration by Engineer is set forth in Paragraph 6.05 of the General Conditions and may be supplemented in the General Requirements. 1.10 BID FORM A. The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). B. All blanks on the Bid Form must be completed in ink or by typewriter. C. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. D. Bids by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and official address of the partnership must be shown below the signature. E. All names must be typed or printed below the signature. F. The Bid shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Form). G. The address and telephone number for communications regarding the Bid must be shown. H. Additional forms to be submitted with Bid Form include: Section 00310 — "Trench Safety Act Compliance Statement'; Section 00320 — "Local Business Certification Form"; Section 00452 — "Disclosure of Relationships'; Section 00456 — "General Information Required for Bidders". 1.11 SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required 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 of it. A. The Bidder shall submit the Bid in duplicate on the forms, or an exact copy of the forms, furnished herewith. The blank spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted. B. The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owner's Engineer. Contract Documents -aye not"transferable to ofhen parties -for bidding purposes. Bids received from firms whose names are not recorded by the Owner or the Engineer as having secured documents for this Contract will be rejected. 1.12 MODIFICATION AND WITHDRAWAL OF BIDS A. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. B. If, within two business days after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of 00100-4 Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents 1.13 OPENING OF BIDS Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 1.14 BIDS TO REMAIN SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for ninety days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 1.15 AWARD OF CONTRACT A. Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced, or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder. Discrepancies in the multiplication of units of work and unitprices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. B. In evaluating Bids, Owner will consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. C. Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award. D. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the worn- in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. E. If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner. F. If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within ninety days after the day of the Bid opening. G. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that one Bidder is financially interested in more than one proposal for the same work will 00100-5 cause the rejection of all proposals in which such Bidders are believed to be interested. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. H. Within fifteen (15) calendar days of the date of the Notice of Award of the Contract, the Bidder to whom the Contract is awarded shall execute and deliver two (2) original Contracts to the Owner, together with a Payment Bond for 100 percent of the Bid, a Performance Bond for 100 percent of the Bid in the forms set forth in the Contract Documents and General Conditions; and all required insurance certificates, before the Contract will be executed -by the Owner. - Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract Payment and Performance Bonds and required insurance in the manner and within the time provided shall be just cause for cancellation of the award. It is understood and agreed by said Bidder, that if the award is cancelled for the above persons, the certified check or Bid Bond shall become the property of the Owner, not as a penalty, but as liquidated damages. 1.16 PAYMENT AND PERFORMANCE BONDS The successful Bidder as Contractor shall furnish the County immediately upon execution of the Contract a Performance Bond in an amount equal to 100 percent of the contract price and a Payment Bond in an amount equal to 100 percent of the contract price, each in the form provided in the Contract Documents. 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. The successful Bidder shall require the attorney-in-fact, who executed the Payment Bond and 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 successful Bidder 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 Contractor shall provide two separate bonds; a combined Payment and Performance Bond for 100 percent of the contract price is not an acceptable substitute. 1.17 PUBLIC DISCLOSURE STATEMENT Any entity entering into a contract with Indian River County as Owner shall disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or Indian River County employee. The relationship with either 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, 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. 1.18 FLORIDA PRODUCED LUMBER— The selected Bidder as Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, as such statute may be amended from time to time, wherein Indian River County as Owner must specify lumber, timber and other forest products produced and manufactured in Florida whenever such products are available and their price, fitness and quality are equal. 1.19 TRENCH SAFETY Florida Statutes Section 553.60 through 553.64, known as the "Trench Safety Act" requires all contractors engaged by Indian River County, Florida to comply with Occupational Safety and Health Administration's excavation safety standard, found in 29 C.F.R. s. 1926.650 Subpart P. All 00100-6 Prospective subcontractors are required to sign a Trench Safety Act Compliance Statement and provide compliance cost information where indicated. The costs for complying with the Trench Safety Act must be incorporated into the Bid. 1.20 PUBLIC ENTITY CRIME STATEMENT 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 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 $25,000] 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. 1.21 PERMITS, IMPACT, AND INSPECTION FEES. 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 in connection with the construction of the Work by the accepted bidder. ALL PERMIT, IMPACT, OR INSPECTION FEES PAYABLE TO INDIAN RIVER COUNTY IN CONNECTION WITH THE WORK ON THIS COUNTY PROJECT WILL BE PAID BY INDIAN RIVER COUNTY, WITH THE EXCEPTION OF RE -INSPECTION FEES AS SET FORTH IN THE CONTRACT. The bidder will not include ANY PERMIT, IMPACT, OR INSPECTION FEES payable to Indian River County in the bid. END OF SECTION 00100-7 Section 00200 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING A. DEFINITIONS (1) "Local business" shall mean a business that meets all of the following criteria: (a) Has had a staffed and fixed office or distribution point ,with a verifiable street _address, located within Brevard; Indian River; Martin; Okeechobee; Osceola; or Lucie County for at least one (1) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County. Post office boxes shall not be used or considered for the purpose of establishing a physical address; and (b) Has had, for at least 12 months prior to the date of the advertisement for the particular good or service being solicited, a current "Local Business Tax Receipt" issued by Brevard ; Indian River; Martin; Okeechobee; Osceola; or Lucie County, if applicable; and applicable and (c) Holds any license or competency card required by Indian River County; if (d) if the contract is awarded, will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower -tier subcontractor, materialman, or supplier. herein. (2) "Non -local business" means a bidder that is not a local business, as defined B. CERTIFICATION Any person or entity claiming to be a local business, as defined herein , and desiring to receive local preference, shall complete and submit, together with all required attachments, a "Local Business Certification Form " in the form provided by the County and contained within the bid package accompanying a public notice/advertisement. Any bidder who fails to complete, and submit the "Local Business Certification Form" together with all required attachments with their bid shall not be granted local preference consideration for the purposes of that specific contract award. The Purchasing Division shall determine if a person or entity meets the definition of a "local business." C. LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID In connection with any solicitation to which this Ordinance applies, Indian River County will give preference to local businesses in the following manner: 1.When a qualified and responsive, non -local business submits the lowest price bid (herein, "Apparent Low Bidder"), and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent (5%) of the price submitted by the Apparent Low Bidder; then the local business -with the-a-i5parent next=lowest qualified and fesponsive-bid offer - (herein , the "Lowest Local Bidder") shall have the opportunity to submit an offer to match the price(s) offered by the Apparent Low Bidder as follows: (a) the Purchasing Division shall invite, in writing, bye -mail, fax, or certified mail, the Lowest Local Bidder to submit a written matching offer to the Purchasing Division (herein "Invitation"); (b) the Lowest Local Bidder may, but shall not be obligated to, submit a written matching offer to the Purchasing Division within five (5) business days after receipt of the Invitation; (c) If the Lowest Local Bidder submits a written offer that matches the bid from the Apparent Low Bidder, such written offer shall be accepted and the Lowest Local Bidder shall be awarded the contract; 00200-1 (d) If the Lowest Local Bidder submits a written offer that does not match the bid from the Apparent Low Bidder, such written offer shall be rejected; and (e) thereupon, the next successive lowest qualified and responsive local bidder, if and only if their bid is less than or within five percent (5%) of the Apparent Low Bidder will receive the Invitation. (f) This cycle shall be repeated until there are no remaining local bidders less than or within five percent (5%), then award shall be made to the Apparent Low Bidder 2. If the Lowest Local Bidder and successive next lowest local bidders do not respond, decline, or are unable to match the Apparent Low Bidder bid price(s) , then award will be made to the Apparent Low Bidder. D. BOARD APPROVAL OF CHANGE ORDERS In the event a Local Bidder is awarded a contract pursuant to this Ordinance, all requests for change orders increasing the cost of the project must be approved by the Board of County Commissioners. E. NOTICE Ali solicitations that are subject to this Ordinance shall include the substance of this local preference Ordinance and the "Local Business Certification Form". F. EXCLUSIONS AND LIMITATIONS 1. Waiver of local preference. The application of this Ordinance to a particular purchase or contract of the Board of County Commissioners may be waived only prior to bid solicitation/advertisement and with the approval of the Board of County Commissioners. 2. The provisions of this Ordinance shall not apply where prohibited by federal law or Florida law, or under the conditions of any grant or other funding source. 3. The provisions of this Ordinance shall not apply to contracts under the Consultants Competitive Negotiation Act (CCNA), Florida Statutes Section 287.055, as CCNA allows consideration of location in the evaluative process. 4. The provisions of this Ordinance shall not apply to any procurement where the local nature of a business has been addressed through scoring criteria . 5 The General Services Department shall be responsible for developing, implementing, and maintaining administrative procedures in support of this policy. G. SUBSEQUENT REVIEW AND SUNSET PROVISION On or about six months after the Effective Date of this Ordinance, the General Services Department will provide the Board with the results to date of this local preference policy and the status -of.-regional -reciprocity--for---Indian--River--- County- businesses--by-Brevard; --Martin; - -- Okeechobee; Osceola; and St. Lucie Counties. Within one year after the first bid awarded under this policy, the Board shall receive a similar report from the General Services Department and shall determine whether to continue or modify this policy. Nothing in this section shall prevent the Board from taking action sooner to revise or remove this local preference policy. 00200-2 SECTION 00300 BID FORM (Based Upon EJCDC No.0-700, 2002 Ed.) PROJECT IDENTIFICATION: Indian River County Bid # 2009064 Brine Line Conversion To A Potable Water Main 7717 Street - PROJECT DESCRIPTION: CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows, which shall include, but is not necessarily limited to the following: IRCDUS proposes to convert approximately 1150 ft. of a 16" diameter Brine Line Transmission main to a Domestic Water Use Transmission and Distribution main. The Brine Line main is located on 77th St., and runs from the North County ROWTP, east along 77" St., then runs north on Old Dixie Hwy, east and then north from 84th St to Sunset Ave, then east on CR510 to the Indian River Lagoon, where it discharges into the Lagoon. The proposal herein includes converting only the first 1150 ft of the th main east of the WTP along 77 St.. The main will be connected to an existing 30" water main on 58th Ave, at the intersection of 58th Ave and 77th St. The contract also requires the converted utility main to be cleaned, pressure tested, disinfected, and tested for contaminants (chemical, viral, biological), and also requires the construction of: • Connection to an existing 30" potable water main (30" x 16" tapping sleeve and 16" valve) • Directional bore 88 LF of 16" HDPE water main beneath 58th Avenue • Construction of approximately 67 LF of new 16" PVC potable water main • Construction of two (2) fire hydrant assemblies The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation oUpipe with -fittings and all appurtenances; valves,ire-hyd`raffassemblies; wet taps; restrainers; air release valves; line stops; soil compaction; disinfection; testing; (including providing temporary jumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (sod); and traffic control. THIS BID IS SUBMITTED TO: Indian River County Purchasing Department 1800 27' Street Vero Beach FL 32960 00300-1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder will sign and submit the Agreement with the bonds and other documents required by the Bidding Requirements within ten (10) calendar days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work. (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at or contiguous to the site —or otherwise may affect the cost, progress, performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examination, investigations, explorations, test, reports, studies or similar information or date or will be required by Bidder for such purposes. (e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, 00300-2 tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. ( Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. Bidder will complete and include with the bid the Schedule of Bid Items attached to this proposal. The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids. The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments there under, will be based upon the actual quantities placed into the work. 5. Bidder agrees that the work will be completed in accordance with the following timeframe. (a) Within 10 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify_all.utilities-and-other-affected-parties-prior to -initiating construction. (b) From 16 calendar days to 75 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes 00300-3 Substantial Completion. (c) From 75 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform -contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 6. The following documents are attached to and made a part of this Bid: (a) Certificate of Compliance with the Florida Trench Safety Act (Section 00310) (b) Local Business Certification Form (Section 00320) (c) Disclosure of Relationships (Section 00452) (d) General Information Required for Bidders (Section 00456) 7. The terms used in this Bid, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. Contractor acknowledges the insurance requirements of Section 00700 as amended by Section 00800 and any other addendums and agrees to provide said insurance upon award of contract. BIDDER INFORMATION: SUBMITTED ON: (DATE) SUBMITTED BY: (NAME OF BIDDER) (STREET ADDRESS) (CITY, STATE, ZIP) (PHONE #) (FAX #) (E-MAIL) (FEDERAL -ID #) (FLORIDA LICENSE #) SIGNED BY: (PRINTED NAME) (TITLE) (SIGNATURE) 00300-4 SCHEDULE OF BID ITEMS All bid items shall include costs for furnishing to the OWNER all materials, equipment, and supplies and for all costs incurred in completing the work including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, all other labor, taxes, insurance, miscellaneous costs, overhead and profit. 00300-5 O a+ c E m E CL U. CO C 3 v° cc c m V c Y 'S a a c d o � d E W E V cG d z E 0 LUWI WIWI-I-IWInInn W 00 2 l0 t � •3 C � N O - ° m3 u c 1n a a y O c T N LO p N - x + W N E OLL O c O fn E OL C C •••� E Y ONO o m E c m 3 5 0 m e 3 c m m 0 cc. > a°Ln�+ y a: m 3 0 0 S u N E =M v� V) �? o u N m + as = U c¢ m EE A c Z Z w u m o > > v S u ' E T u w E ppE c = C= a 4 U tD O u ° e V o E E `" m c v c ac, Q u b G d m u b u Q F E �, .a c ¢ Q N Q F •C o^ O p 0 7 G = b b3 v v H u a m 4 c .Qj •p •5 G > 4u C m ro `xx .5 u o E c ,_-s o c h e 4 L L m u 'v m.a ° n v .;' o E E 5. a '> m y m 6 u a o u rJ G p 0 ,O ti O O .•0O0 x tl Q O 5 V a Eo�,N u v 42 �'x oLID O O m` ro b ° m '� c u .mu U a x E ... u v •5 _ aero cv.S c ai -z: • e •"� 9 c 5 S p y .5 o v G 'C c ° .Q L>' O •O m p U bo '�S N ' V v—O U v a 1, E .5 O mu o S E Q, .p0 u v 05g6 o `ice• T A S u Q Rc cF O~ = .0 7 V o v a u to 5 ° p o E �a d s� > ° E q o u G u aE 0. a a c u v> c no a Section 00310 TRENCH SAFETY ACT COMPLIANCE STATEMENT Project: "Bri 3086 Bid Number # 2009064 Instructions 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 Occupational Safety and Health Administration's excavation safety standard, found in 29 C.F.R. s. 1926.650 Subpart P. Act Compliance Statement All prospective contractors are required to sign this Trench Safety and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this Project's base Bid. Certify this Statement in the presence of a notary public. Certification 1. I understand that the Trench Safety Act requires me to comply with OSHA excavation safety standards found in 29 C.F.R. section 1926.650 Subpart P. I will comply with The Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this Project. 2. The estimated cost imposed by compliance with The Trench Safety Act will be: Dollars_ per linear foot of trench to be excavated. 3. The estimated cost imposed by compliance with the Trench Safety Act will be: Dollars -_ per square foot of special shoring used. 4. The amount listed above has been included within the Base Bid. Certified: 20F (Contractor) (Signature) (Typed or Printed Name) STATE OF: COUNTY OF: The foregoing instrument was acknowledged before me this bof day of 2008 y who is personally known to me or has as identification and who did (did not) take an oath. roduced Notary Public (affix seal) My Commission Expires: If Bidder is: A CORPORATION By:_ (Corporation Name) (State of Corporation) By:_ (Name of Person Authorized to Sign) (Corporate Seal) ATTEST: Business address: By: (SEAL) (General Partner) Business address: *END OF SECTION* 00310-2 Section 00320 Local Business Certification Form (1) "Local business" shall mean a business that meets all of the following criteria. - (a) Has had a staffed and fixed office or distribution point, with a verifiable street address, located within Brevard; Indian River; Martin; Okeechobee, Osceola; or St. Lucie County for at_least one (1) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County. Post office boxes shall not be used or considered for the purpose of establishing a physical address; and (b) Has had, for at least 12 months prior to the date of the advertisement for the particular good or service being solicited, a current "Local Business Tax Receipt" issued by Brevard; Indian River; Martin; Okeechobee; Osceola; or St. Lucie County, if applicable; and (c) Holds any license or competency card required by Indian River County; if applicable; and (d) If the contract is awarded, will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower -tier subcontractor, materialman, or supplier. 1. Company Name: 2. Address.- 3. ddress: 3. If applicable, Contractor License or Competency Card #: 4. PLEASE ATTACH COPY OF CONTRACTOR LICENSE OR COMPETENCY CARD 5. If applicable, Business Tax Receipt #: 6. PLEASE ATTACH COPY OF BUSINESS TAX RECEIPT 7.Phone Number: 8.Fax Number: 9. 1 hereby certify that, If the contract is awarded, the entity set forth in item 1 above will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower -tier subcontractor, materialman, or supplier. Signature: Name and Title: VENDOR PLEASE DO NOT COMPLETE BELOW To be completed by an authorized representative from Indian River County Purchasing Division Meets definition of Local Business YES NO If NO, provide reason: (Authorized Signature) Date: To receive Local Bid preference, this certification and copies of all required documents must be submitted with your Bid package. 00320-1 SECTION 00410 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond" in this Section. *END OF SECTION* 00410-1 SECTION 00431 SCHEDULE OF SUBCONTRACTORS The following are the subcontractors to be used if the undersigned is awarded the contract for this project. NAME & ADDRESS TYPE OF WORK Total dollar amount that will be awarded to Sub -contractors: $ NOTE: The above Schedule of Subcontractors will become a part of the contract that has been awarded and duly executed and must be submitted in writing to the OWNER for approval prior to that sub -contractor performing the work. REND OF SECTION* 00431-1 SECTION 00452 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. 2009064 for Brine Line Conversion W a Potable Water Main — 77th Street 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 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. 1 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_grandchl_d._ 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452-1 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: (Signature) (Date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of . 20 by_ who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: PRINT: Notary Public, State at large My Commission Expires: (Seal) 00452-2 Name of Affiliate Name of County Relationship or Entity Commissioner or Employee F21. 3. 4. S. 6. 7. 8. (Signature) (Date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of . 20 by_ who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: PRINT: Notary Public, State at large My Commission Expires: (Seal) 00452-2 SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure_ to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Additional sheets shall be attached as required. Documentation Submitted with Indian River County Bid No: A Potable Water Main — 77`h Street)." 2009064 for the "Brine Line Conversion To 1. How many years has your organization been in business as a General Contractor? 2. Describe and give the date and owner of the last project that you have completed similar in type, size, and nature as the one proposed? 2A. The following is a list of the projects similar in character and scope to the work specified under this contract (specifically — cleaning of utility main other than a water main, and conversion to a potable water main) which have been successfully completed by the bidder's personnel (may include sub -contractors) during the past three (3) years. The information must be furnished by each bidder. Completed means accepted and final payment received from the owner or authorized representative. LOCATION & OWNERS NAME TYPE OF WORK & ADDRESS 00456-1 CONSULTING DATE $ ENGINEER COMPLETE 3. Have you ever failed to complete work awarded to you? If so, where and why? 4. Name three individuals or corporations for which you have performed work and to which you refer: 5. Name of person who inspected site or proposed work for your firm: Name: Date of Inspections: _ Describe any anticipated problems with the site and your proposed solutions: 6. Will you Subcontract any part of this Work? If so, describe which portions: 7. Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. Additional information will be required in accordance with the Instructions to Bidders (Section 00100). PAVING: SURVEYING: TESTING LAB: 8. What equipment do you own that is available for the work? 00456-2 9. What equipment will you purchase for the work? 10. What equipment will you rent for the work? 11. Florida Contractor's License No: 12. The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities and use insert sheet if necessary.) 13. List the names and titles of ALL officers of Contractor's firm: 14. State the true and exact, correct, and complete name under which you do business. BIDDER is: 15. State your total bonding capacity: 16. State your bonding capacity per job. 00456-3 17. Please provide name, address, telephone number, and contact person of your bonding company. NOTE: If requested by the county, the Bidder shall furnish a financial statement, references and other information, sufficiently comprehensive to permit an appraisal of the Bidder's current financial condition. *END OF SECTION* 00456-4 ARTICLE 2 ENGINEER The project has been designed by Schulke, Bittle & Stoddard, LLC, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 10 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 75 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (b) From 75 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring 00530-2 any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $83,058.82. ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for 00530-3 payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 00530-4 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Performance and Payment Bonds (Sections 00610 and 00612). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 00530-5 8.6 Specifications bearing the title "Brine Line Conversion To A Potable Water Main — 77th Street, Project No. UCP 3086 / Bid No. 2009064" as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title "Brine Line Conversion To A Potable Water Main — 77th Street UCP No 3086 Indian River County Department of Utility Services" 8.8 Addenda numbers 1 to 1 , inclusive. 8.9 CONTRACTOR'S Bid (Section 00300). 8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards July 2007", or the latest version thereof. 8.11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 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. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the 00530-6 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or "Contract"), dated the 3rd day of November in the year 2009 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Masci Corporation_(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: IRCDUS proposes to convert approximately 1150 ft. of a 16" diameter Brine Line Transmission main to a Domestic Water Use Transmission and Distribution main. The Brine Line main is located on 77°i St., and runs from the North County ROWTP, east along 77th St., then runs north on Old Dixie Hwy, east and then north from 84th St to Sunset Ave, then east on CR510 to the Indian River Lagoon, where it discharges into the Lagoon. The proposal herein includes converting only the first 1150 ft of the main east of the WTP along 77h St.. The main will be connected to an existing 30" water main on 581' Ave, at the intersection of 58th Ave and 77h St. The contract also requires the converted utility main to be cleaned, pressure tested, disinfected, and tested for contaminants (chemical, viral, biological), and also requires the construction of: • Connection to an existing 30" potable water main (30" x 16" tapping sleeve and 16" valve) • Directional bore 88 LF of 16" HDPE water main beneath 58`" Avenue • Construction of approximately 67 LF of new 16" PVC potable water main • Construction of two (2) fire hydrant assemblies The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe with fittings and all appurtenances; valves, fire hydrant assemblies; wet taps; restrainers; air release valves; line stops; soil compaction; disinfection; testing; (including providing temporary jumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (sod); and traffic control. 00530-1 CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. OWNER Indian River County Board of County Commissioners By. Wesley S. DWs, Chairman Attest: J. K. Barton, Clerk of the Circuit Court By Deputy Clerk By: Baird, County 00530-7 C 3 (. Approved as to Form and Legal Sufficiency: County Attorney Address for giving notices 1801 27h Street Vero Beach, Florida 32960 Address for giving notices 2750 Ridgewood Ave, Suite A South Daytona, FL 32119 License No. CGC 1509397 CUCA 56854 "END OF SECTION" 00530-8 1'1�7 (CORPORATE SEAL) 2036796 THIS DOCUMENT HAS BEEN —RECORDED—IN—THE—PUBLIC—RECORDS- ==OF-INDIAN=R1VER-COUNTY-FL Executed-in 3–Counterparts — BK: 2388 PG: 1336, Pagel of 3 PUb)hC wOr�i 12/18/2009 at 11:01 AM, F.S. Chapter 255.05 (1)(a) JEFFREY K BARTON, CLERK OF COURT 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 THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) 1912421 Masci Corporation 2750 Ridgewood Avenue, Suite A South Daytona, FL 32119 (386)322-4500 The Hanover Insurance Company 1000 Abernathy Rd., NE #175, 400 Northpark Town Ctr Atlanta, GA 30328 (770) 353-6234 Indian River County, Florida 1800 27th Street Vero Beach, FL 32960 (772)567-8000 $ 83,058.82 Bid Number 2009064 Brine Line Conversion to a Potable Water Main - 77th Street 77th St. (from North County ROWTP, east along 77th St., then runs north on Old Dixie Hwy., east and then north from 84th St. FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. T-HETTAC_H_ED-STA-TU-TOR-Y-COVE-R P-AGE—F-ORMS-AND-BECOMES_P_AR-T_QF THIS BOND. Executed in 3 Counterparts PUBLIC CONSTRUCTION BOND Bond No. 1912421 (enter bond number) BY THIS BOND, We Masci Corporation , as Principal and The Hanover Insurance Company , a corporation, as Surety, are bound to Indian River County, FL herein called Owner, in the sum of $ ----- 83,058.82----- , 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 &6V, 3 , Z&v?, between Principal and Owner for construction of Brine Line Conversion to a Potable Water Main - 77th Street , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specked 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 r� affedt,r6r4tyis. obligation under this bond. w DATED ON bECOM SEe �, = i o Masci Corpor n,o--n-'-.,.-.- _ Na a af. 66ci al (As Attorney in Fact) The Hanover Insurance Company' (Name of SureW.; By' �• • `� ' ' c J Leslie M. Donahue, AttorneOn-Fact and Florida Licensed Resident•Agent (407) 786-7770 Vit: THE HANOVER INSURANCE COMPANY ___.--MASSACNUSFTTS-BAY-INSURANCE-GOMPANY --- -- - �.�.....-a.. ti..w.,.. wc,�r .�-�-a�rw-use-�� w+ar�,�w _- POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Leslie M. Donahue, Kim E. Niv, Jeffrey W. Reich, J. Gregory MacKenzie, Susan L. Reich, Teresa L. Durham, Patricia L. Slaughter, Don Bramiage, Gloria A. Richards, Cheryl Foley, and/or Lisa Roseland of Maitland, FL and each is a true and lawful Attomey(s)-in-fad to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its ad and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/1100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still In effect: 'RESOLVED, That the President or any Vice President, In conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, In Its name and as Its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizenees, contracts of Indemnity, waivers of citation and all other writings obligatory In the nature thereof, with power to attach thereto the seat of the Company. Any such writings so executed by such Atlomeysoin-fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 • Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be seated with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22nd day of September, 2009. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI2,EN&WSURANCE COMPANY OF AMERICA Mary Jeanne"d. on, Mo Pre da l RobertK. Grennan; Assistanf7ce President On this 22nd day of September, 2009, before me Came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding Instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. EW c�srri� Not" Public wa.r-6ft ws My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification In respect thereto, granted and executed by the President or any Moe President in Conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as If all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September T, 2001. Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this -3 day of /(fOi�f'rMaR- , 204 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSUR9NCE CO ANY OF. t:RICA Step . 8reul , ssislan ice Pre of - TM.. -%% PRODUCER Phone: (813) 988-1 ASSOCIATES AGENCY, INC. PO BOX 16190 11470 N. 53RD ST. TEMPLE TERRACE FL 33687 INSURED MASCI CONSTRUCTION, INC & C/O MASCI CORPORATION 5752 S. RIDGEWOOD AVE. HARBOR OAKS FL 32127 BILITY INSURANCE „/zoos THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE I NAIC # INSURER A FCCI INSURANCE CO. 03499 INSURER B: INSURER C: INSURER D: 1\ICI IDCD C. vvvGrV-�vV� 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR INSR ADD TYPE OF INSURANCE POLICY NUMBER POLICY .TE POLICY EXPIRATIOtI DATE LIMITS Indian River County ADO AGENTS EPRESENTATIVES. G GENERAL LIABILITY GL 0004503 09/09/09 09/09/10 EACH OCCURRENCE s 1,000,000 PR aIE oc� n $ 100,000 Attention: COMMERCIAL GENERAL LIABILITY n wnnnn nnoono ATlntJ OAA MED. EXP (Any one person) $ 5,000 CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 A rGE1 GENERAL AGGREGATE $ 2,000,000 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 POLICY PEa LOC AUTOMOBILE X LIABILITY ANY AUTO CA 0007714 09/09/09 09109/10 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ A X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident GARAGE LIABILITY AUTO ONLY - EA ACCIDENT s OTHER THAN EA ACC $ AUTO ONLY: AGG $ ANY AUTO EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE 1 $ AGGREGATE s OCCUR D CLAIMS MADE s s DEDUCTIBLE s RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 001 -WC -09A-106932 08/08/09 08108110 TU X TORY LIMITS OTHER E.L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETORIPARTNERIEXECUIME OFFICERIMEER EXCLUDED? MS E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 nyo, dncriW undwr SPECIAL PROVISIONS Wow OTHER: Rented/Leased Equipment GL 0004503 09109/09 09109/10 $250,000 limit A DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: Brine Line Conversion to a Portable Water Main -77th Street Bid No: 2009064 Indian River County is an additional insured. w TI/1\I CERTIFICATE HOLDEK ^'•----"'—" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VNLL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO SO SHALL IMPOSE NO TION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS Indian River County ADO AGENTS EPRESENTATIVES. G 1800 27th Street AUTHORIZED REPRESENTATIVE Vero Beach, FI 32960 �Farquhar Attention: n wnnnn nnoono ATlntJ OAA ACORD 25 (2001108) L eruncala n 1w90 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or "Contract"), dated the day of in the year 2009 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Masci Corporation_(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: IRCDUS proposes to convert approximately 1150 ft. of a 16" diameter Brine Line Transmission main to a Domestic Water Use Transmission and Distribution main. The Brine Line main is located on 77th St., and runs from the North County ROWTP, east along 77th St., then runs north on Old Dixie Hwy, east and then north from 84th St to Sunset Ave, then east on CR510 to the Indian River Lagoon, where it discharges into the Lagoon. The proposal herein includes converting only the first 1150 ft of the main east of the WTP along 77th St.. The main will be connected to an existing 30" water main on 58th Ave, at the intersection of 58th Ave and 77th St. The contract also requires the converted utility main to be cleaned, pressure tested, disinfected, and tested for contaminants (chemical, viral, biological), and also requires the construction of: • Connection to an existing 30" potable water main (30" x 16" tapping sleeve and 16" valve) • Directional bore 88 LF of 16" HDPE water main beneath 58th Avenue • Construction of approximately 67 LF of new 16" PVC potable water main • Construction of two (2) fire hydrant assemblies The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe with fittings and all appurtenances; valves, fire hydrant assemblies; wet taps; restrainers; air release valves; line stops; soil compaction; disinfection; testing; (including providing temporary jumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (sod); and traffic control. 00530-1 ARTICLE 2 ENGINEER The project has been designed by Schulke, Bittle & Stoddard, LLC, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 10 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 75 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (b) From 75 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring 00530-2 any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $83.058.82. ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for 00530-3 payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 00530-4 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Performance and Payment Bonds (Sections 00610 and 00612). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 00530-5 8.6 Specifications bearing the title "Brine Line Conversion To A Potable Water Main — 77th Street, Project No. UCP 3086 / Bid No. 2009064" as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title "Brine Line Conversion To A Potable Water Main — 77th Street. UCP No. 3086 Indian River County Department of Utility Services" 8.8 Addenda numbers 1 to 1 , inclusive. 8.9 CONTRACTOR'S Bid (Section 00300). 8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, July 2007", or the latest version thereof. 8.11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 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. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the 00530-6 CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. OWNER Indian River County Board of—County Commissioners • ,1 By: f, pe, D . O' `8,rYan, Cha rman f��''" Barton CI- k bf the Circuit Court Attest;• d By: Deputy Clerk 00530-7 Approved as to Form and Legal Sufficiency: County Attorney Address for giving notices 1801 27th Street Vero Beach, Florida 32960 Address for giving notices 2750 Ridgewood Ave, Suite A South Daytona, FL 32119 License No. CGC 1509397 CUCA 56854 *END OF SECTION* 00530-8 (CORPORATE SEAL) 2036796 THIS DOCUMENT HAS BEEN 8 EC-ORDED-IN-T-HE-PUBLIC—RECORDS OF INDIAN RIVER COUNTY FL Publicwork --Executed-in 3—Counterparts BK: 2388 PG: 1336, Pagel of 3 12/18/2009 at 11:01 AM, F.S. Chapter 255.05 (1)(a) JEFFREY K BARTON, CLERK OF COURT 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 THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) 1912421 Masci Corporation 2750 Ridgewood Avenue, Suite A South Daytona, FL 32119 (386)322-4500 The Hanover Insurance Company 1000 Abernathy Rd. NE #175, 400 Northpark Town Ctr _ Atlanta, GA 30328 (770) 353-6234 Indian River County Florida 1800 27th Street Vero Beach, FL 32960 (772) 567-8000 $83,058.82 Bid Number 2009064 Brine Line Conversion to a Potable Water Main - 77th Street 77th St (from North County ROWTP, east along 77th St., then runs north on Old Dixie Hwy., east and then north from 84th St. FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. —T=HE–ATT--AC–HED=sTAT_UTOR=CO-VER_P- -_ -FORMS AND -BECOMES -PA RT OF—THIS B_0_WD.__ Executed in 3 Counterparts PUBLIC CONSTRUCTION BOND Bond No. 1912421 ,(enter bond number) BY THIS BOND, We Masci Corporation , as Principal and The Hanover Insurance Company , a corporation, as Surety, are bound to Indian River county, FL herein called Owner, in the sum of $-----83,058.82----- , 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 D - 3 , Zoo?, between Principal and Owner for construction of Brine Line Conversion to a Potable Water Main - 77th Street , 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. (1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time 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 ,nof affeEt,,Surgty's�, , obligation under this bond. DATED ON Masci Corpor Na a orf drici al (As_Y in Fact) The Hanover Insurance Company' (Name of Surety) By � % Leslie M. Donahue, AttorneHn=Fact and Florida Licensed Residenf-Agent (407) 786-7770 ti' THE HANOVER INSURANCE COMPANY POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Leslie M. Donahue, Kim E. Niv, Jeffrey W. Reich, J. Gregory MacKenzie, Susan L. Reich, Teresa L. Durham, Patricia L. Slaughter, Don Bromlage, Gloria A. Richards, Cheryl Foley, and/or Lisa Roseland of Maitland, FL and each is a true and lawful Attomey(s)-in-fad to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, If the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of Indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and Noi100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still In effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company, In Its name and as Its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory In the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Aaomeys-in-fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company In their own proper person' (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22nd day of September, 2009. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZEN$JNSURANCE COMPA(;IY OF AMERICA Mary Jeanne Aifdgvson, Vic Pre de t Roben K. Grennan; Assistenr7de President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )as. On this 22"d day of September, 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding Instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Ew + d-- Notary PubUC rye.�rrrewrra My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certllication In respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as If all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7, 1981 . The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Say Insurance Company; Adopted September T. 2001 Citizens insurance Company of America) GIVEN under my hand and the seats of said Companies, at Worcester, Massachusetts, this 3 day of �1DilEM� i=R- 200Q - THE HANOVER INSURANCE COMPANY l MASSACHUSETTS BAY INSURANCE COMPANY CMnSXINSUCE CO ANY D.F. ERICA Step . Brouf, sslstan ice Pres nt PO BOX 16 11470 N. 53RD S TEMPLE TERRACE FL 33687 TE OF LIABILITY INSURANCE -I_ 'II/>>/zoos THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE NAIC # INSURED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR INSURERA: FCCI INSURANCE CO. 03499 MASCI CONSTRUCTION, INC & ADD N:SR INSURER B: POLICY NUMBER CIO MASCI CORPORATION POLICY Expmn0N DATE INSURER C: AUTHORIZED REPRESENTATIVE 5752 S. RIDGEWOOD AVE. GENERAL LIABILITY GL 0004503 09/09/09 HARBOR OAKS FL 32127 EACH OCCURRENCE E 1,000,000 INSURER D: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR INSURER E: 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 VNTH 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 SHOWY MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD N:SR TYPE OF INSURANCE POLICY NUMBER POLICY DATE POLICY Expmn0N DATE LIMITS AUTHORIZED REPRESENTATIVE Attention: GENERAL LIABILITY GL 0004503 09/09/09 09/09/10 EACH OCCURRENCE E 1,000,000 E—W GE TO RENTED E 100,000 PREMISES (Es oocuronoa i X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED. EXP (Any one person) E 5,000 PERSONAL & ADV INJURY E 1,000,000 A GENERAL AGGREGATE E 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. E 2,000,000 —1F1POLICY P LOC AUTOMOBILE X LIABILITY ANY AUTO CA 0007714 09109/09 09/09/10 COMBINED SINGLE LIMIT E 1,000,000 (Ea accident) BODILY INJURY ALL OWNED AUTOS (Per person) E SCHEDULED AUTOS A X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY E (Per accident) X PROPERTY DAMAGE E (Per accident GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E OTHER THAN EA ACC E ANY AUTO F� AUTO ONLY: AGG E EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE E AGGREGATE E OCCUR F] CLAIMS MADE E DEDUCTIBLE E E RETENTION E WORKERS COMPENSATION AND 001 -WC -09A-106932 08108109 08/08/10 X OT RrTUM Ts OTHER E.L EACH ACCIDENT E 1,000,000 EMPLOYERV LIABILITY A ANY PROPFIETORIPARTWERIEXECUIIVE OFFICERIMEM0ER EXCLUDEDT E.L. DISEASE -EA EMPLOYEE E 1,000,000 E.L. DISEASE -POLICY LIMIT E 1,000,000 N y.:, cimcrll» under SPECIAL PROVISIONS Wow OTHER: Rented/Leased Equipment GL 0004503 09109/09 09/09/10 5250,000 limit A DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project Brine Line Conversion to a Portable Water Main-T7th Street Bid No: 2009064 Indian River County is an additional insured. ACORD 25 (2001/08) Certificate # 186953 © ACORD CORPORATION Tana - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO Indian River County DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS 1800 27th Street AGENTS OR REPRESENTATIVES. Vero Beach, FI 32960 AUTHORIZED REPRESENTATIVE Attention: Jason Farquhar ACORD 25 (2001/08) Certificate # 186953 © ACORD CORPORATION Tana ---- -- - ECT-f0N-U061-0 - - — PERFORMANCE BOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and -the bond number. KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Principal, and as corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum of Dollars ($ ), amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the day of , 20_, entered into between the Principal and the County of Indian River, for: Project Name: "Brine Line Conversion To A Potable Water Main – 77th Street." County Project Bid Number: 2009064 County UCP Number: 3086 Project Address: 7777_ Project Description: CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following: IRCDUS proposes to convert approximately 1150 ft. of a 16" diameter Brine Line Transmission main to a Domestic Water Use Transmission and Distribution main. The Brine Line main is located on 77th St., and runs from the North County ROWTP, east along 77 th St., then runs north on Old Dixie Hwy, east and then north from 84th St to Sunset Ave, then east on CR510 to the Indian River Lagoon, where it discharges into the Lagoon. The proposal herein includes converting only the first 1150 ft east of the WTP along 77th St.. The main will be connected to an existing 30" water main on 58th Ave, at the intersection of 581h Ave and 77th St. The contract also requires the converted utility main to be cleaned, pressure tested, disinfected, and tested for contaminants (chemical, viral, biological), and also requires the construction of: Connection to an existing 30" potable water main (30" x 16" tapping sleeve and 16" valve) Directional bore 88 LF of 16" HDPE water main beneath 58th Avenue 00610-1 • Construction of approximately 67 LF of new 16" PVC potable water main • Construction of two (2) fire hydrant assemblies The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe with fittings and all appurtenances; valves, fire hydrant assemblies; wet taps; restrainers; air release valves; line stops; soil compaction; disinfection; testing; (including providing temporary jumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (sod); and traffic control. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, costs, and attorney's fees, including appellate proceedings, as set forth in the Contract, that Owner sustains because of a damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay Indian River County any difference between the sum that Indian River County may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the- use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. 00610-2 r�tvu—ane-sorra rnncrpai-and=Sure y �oinfIy--and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract Documents are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provision lie within their obligations and within the coverages and limitations of this Bond. Florida Statutes Section 255.05 (2007), as _amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05 (2007), is incorporated herein in its entirety by this reference. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Remainder of this page intentionally left blank) 00610-3 WHEN THE PRINCIPAL IS A CORPORATION: Attest: Secretary Name of Corporation BY: (Affix Corporate SEAL) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Secretary of the corporation named as Principal in the within bond, that who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety Business Address BY: (Affix Corporate SEAL) Attorney -In -Fact Name of Local Agency Business Address 00610-4 STATE OF _ COUNTY OF Before me, a Notary Public, duly commissioned, qualified and actin ared , to me well known, who being by me first duly acting, upoln oath, that he is the attorney-in-fact for the by and that he has been authorized to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this _ day of 20 My Commission Expires: Notary Public, State of *END OF SECTION* 00610-5 SECTION 00612 PAYMENT BOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contractin entity; the contract number assigned by- the -contracting public on public project sufficient to identify it, such as a legal descriptionorthe street add address ofrthe property being improved, and a general description of the improvement, and the bond number. y KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we pal, and corporation, as Surety, are held and firmly bound unto the'Cou_nty of Indian River, Florida, in the sum of Dollars$ of total bid price. For the payment of said sum we bind ourselves, s, our he s1amounting to0exec to se administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the day of between the Principal and the County of Indian River, for: 20 entered into Project Name: "Brine Line Conversion To A Potable Water Main — 77th Street." County Project Bid Number: 2009064 County UCP Number: 3086 Project Address: E7 E�Street Project Description: A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following: IRCDUS proposes to convert approximately 1150 ft. of a 16" diameter Brine Line Transmission main to a Domestic Water Use Transmission and Distribution main. The Brine Line main is located on 77th St., and runs from the North County ROWTP, east along 77th St., Sunset Ave, then east on CR510 to the Indian River Lathen runs north on Old Dixie Hwy, east and then north from 84th St to the Lagoon. goon, where it discharges into The proposal herein includes converting only the first 1150 ft east of the WTP along 77th St.. The main will be connected to an existing 30" water main on 58" Ave, at the intersection of 58th Ave and 77 th St. The contract also requires the converted utility main to be cleaned, pressure tested, disinfected, and tested for contaminants (chemical, viral, biological), and also requires the construction of: 00612-1 • Connection to an existing 30" potable water main (30" x 16" tapping sleeve and 16" valve) • Directional bore 88 LF of 16" HDPE water main beneath 58th Avenue • Construction of approximately 67 LF of new 16" PVC potable water main • Construction of two (2) fire hydrant assemblies The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed --during construction; utilities exploration; coordination with any - permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe with fittings and all appurtenances; valves, fire hydrant assemblies; wet taps; restrainers; air release valves; line stops; soil compaction; disinfection; testing; (including providing temporary jumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (sod); and traffic control. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDI T IONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: A claimant is defined as any person supplying the Principal with labor, materials or supplies, used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, and is further defined in Florida Statutes Section 713.01. 2. Florida Statutes Section 255.05 (2007), as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05, is incorporated herein in its entirety by this reference The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. 00612-2 IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this day of , 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WHEN THE PRINCIPAL IS A CORPORATION: Attest: Secretary Name of Corporation BY: (Affix Corporate SEAL) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL ' certify that I am the Secretary of the corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary 00612-3 (SEAL) Attest: Secretary STATE OF _ COUNTY OF TO BE EXECUTED BY CORPORATE SURETY: Corporate Surety --------------- Business Address BY: (Affix Corporate SEAL) Attorney -In -Fact Name of Local Agency Business Address Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 20 My Commission Expires: Notary Public, State of *END OF SECTION* 00612-4 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued. and Published Jointly By Mational society of American Society A C E C Professional Engineers A.mYRICA\ ( OVWn. or t Ncmr.TRmu Q,M11 .1r. Professional Engineers in Private Practice SCE of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by IY.fla1��� �Z���:II"11i1 1L'YC:• The Associated General Contractors of America IVKnowledge for aSustaining ti and Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright 02002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 ..............................................................................................................6 Defined Terms 1.02 ..........................................................................................................................................................6 Terminology .............................................................................................................................................................8 ARTICLE2 - PRELIMINARY MATTERS 2.01 ...............................................................................................................................9 Delivery of Bonds and Evidence of Insurance 2.02 .........................................................................................................9 Copies of Documents 2.03 ...............................................................................................................................................9 Commencement of Contract Times; Notice to Proceed...........................................................................................9 2.04 Starting the Work 2.05 .....................................................................................................................................................9 Before Starting Construction 2.06 ................................................................................................................................... 9 Preconstruction Conference 2.07 ....................................................................................................................................9 Initial Acceptance of Schedules ...............................................................................................................................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................................................10 3.01 Intent......................................................................................................................................................................10 3.02 Reference Standards ..............................................................................................................................................10 3.03 Reporting and Resolving Discrepancies................................................................................................................10 3.04 Amending and Supplementing Contract Documents..............................................................................................11 3.05 Reuse of Documents 3.06 ...............................................................................................................................................11 Electronic Data ...................................................................................................................................................... ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS l l ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................11 4.01 Availability of Lands ..............................................................................................................................................11 4.02 Subsurface and Physical Conditions......................................................................................................................12 4.03 Differing Subsurface or Physical Conditions........................................................................................................12 4.04 Underground Facilities..........................................................................................................................................13 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....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................17 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.......................................................................................................................18 6.04 Progress Schedule..................................................................................................................................................18 6.05 Substitutes and "Or-Equals...................................................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others...............................................................................................20 6.07 Patent Fees and Royalties......................................................................................................................................21 6.08 Permits...................................................................................................................................................................21 6.09 Laws and Regulations............................................................................................................................................21 6.10 Taxes...................................................................................................................................................................... 22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Documents.................................................................................................................................................22 6.13 Safety and Protection.............................................................................................................................................22 6.14 Safety Representative.............................................................................................................................................23 6.15 Hazard Communication Programs........................................................................................................................23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies...........................................................................................................................................................23 6.17 Shop Drawings and Samples.................................................................................................................................23 6.18 Continuing the Work..............................................................................................................................................24 6.19 Contractor's General Warranty and Guarantee....................................................................................................24 6.20 Indemnification......................................................................................................................................................24 6.21 Delegation of Professional Design Services..........................................................................................................25 ARTICLE 7 - OTHER WORK AT THE SITE.........................................................................................................................25 7.01 Related Work at Site... ............................................................................................................................................ 25 7.02 Coordination..........................................................................................................................................................26 7.03 Legal Relationships................................................................................................................................................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES......................................................................................................................26 8.01 Communications to Contractor..............................................................................................................................26 8.02 Replacement of Engineer.......................................................................................................................................26 8.03 Furnish Data..........................................................................................................................................................26 8.04 Pay When Due.......................................................................................................................................................26 8.05 Lands and Easements; Reports and Tests..............................................................................................................26 8.06 Insurance...............................................................................................................................................................26 8.07 Change Orders.......................................................................................................................................................26 8.08 Inspections, Tests, and Approvals..........................................................................................................................26 8.09 Limitations on Owner's Responsibilities...............................................................................................................27 8.10 Undisclosed Hazardous Environmental Condition........................................,........................................................27 8.11 Evidence of Financial Arrangements.....................................................................................................................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27 9.01 Owner's Representative ...................... 27 9.02 Visits to Site...........................................................................................................................................................27 9.03 Project Representative...........................................................................................................................................27 9.04 Authorized Variations in Work..............................................................................................................................27 9.05 Rejecting Defective Work.......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments.....................................................................................................28 9.07 Determinations for Unit Price Work......................................................................................................................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities.....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...........................................................................................................28 10.01 Authorized Changes in the Work...........................................................................................................................28 10.02 Unauthorized Changes in the Work.......................................................................................................................29 10.03 Execution of Change Orders..................................................................................................................................29 10.04 Notification to Surety.............................................................................................................................................29 10.05 Claims....................................................................................................................................................................29 ARTICLE I I - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK..................................................................30 11.01 Cost of the Work....................................................................................................................................................30 11.02 Allowances.............................................................................................................................................................31 11.03 Unit Price Work.....................................................................................................................................................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32 12.01 Change of Contract Pr-ice...................................................................................................................................... 32 12.02 Change of Contract Times..................................................................................................................................... 33 12.03 Delays....................................................................................................................................................................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects........:...........................................................................................................................................33 13.02 Access to Work..................................................................:....................................................................................33 13.03 Tests and Inspections.............................................................................................................................................33 13.04 Uncovering Work...................................................................................................................................................34 13.05 Owner May Stop the Work.....................................................................................................................................34 13.06 Correction or Removal of Defective Work.............................................................................................................34 13.07 Correction Period.................................................................................................................................................. 34 13.08 Acceptance of Defective Work...............................................................................................................................35 13.09 Owner May Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................36 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments.................................................................................................................................................36 14.03 Contractor's Warranty of Title..............................................................................................................................37 14.04 Substantial Completion..........................................................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. nn17nn - e 14.05 Partial Utilization........................................................ ......... ......... ......... ............... .............38 14.06 Final Inspection.....................................................................................................................................................38 14.07 Final Payment......................:.................................................................................................................................38 14.08 Final Completion Delayed.....................................................................................................................................39 14.09 Waiver of Claims...................................................................................................................................................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................39 15.01 Owner May Suspend Work.....................................................................................................................................39 15.02 Owner May Terminate for Cause...........................................................................................................................39 15.03 Owner May Terminate For Convenience...............................................................................................................40 15.04 Contractor May Stop Work or Terminate..............................................................................................................40 ARTICLE 16 - DISPUTE RESOLUTION................................................................................................................................41 16.01 Methods and Procedures.......................................................................................................................................41 ARTICLE 17 - MISCELLANEOUS.........................................................................................................................................41 17.01 Giving Notice.........................................................................................................................................................41 17.02 Computation of Times............................................................................................................................................41 17.03 Cumulative Remedies.............................................................................................................................................41 17.04 Survival of Obligations..........................................................................................................................................41 17.05 Controlling Law.....................................................................................................................................................41 17.06 Headings................................................................................................................................................................ 41 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. mmfin - s GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment --The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder --The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order --A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the Owner and Contractor conceming the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price --The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor --The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the. Work --See Paragraph I LOLA for definition. 17. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer --The individual or entity named as such in the Agreement. 20. Field Order --A written order issued by Engineer which requires minor changes in the Work but which does EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 06700-6 not involve a change in the Contract Price or the Contract Times. 21. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone --A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award --The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner --The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs --Polychlorinated biphenyls. 31. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule --A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative --The authorized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals --A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values --A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site --Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 43. Specifications --That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. Subcontractor --An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terns "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder --The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work --Work to be paid for on the basis of unit prices. 51. Work --The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive --A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the require- ments of and information in the Contract Documents and conformance with the design concept of the com- pleted Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said 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," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise speci- fied in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference B. Evidence oflnsurance: Before any Work at the Site is A. Before any Work at the Site is started, a conference started, Contractor and Owner shall each deliver to the attended by Owner, Contractor, Engineer, and others as other, with copies to each additional insured identified in appropriate will be held to establish a working the Supplementary Conditions, certificates of insurance understanding among the parties as to the Work and to (and other evidence of insurance which either of them or discuss the schedules referred to in Paragraph 2.05.A, any additional insured may reasonably request) which procedures for handling Shop Drawings and other EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 submittals, processing Applications for Payment, and maintaining required records. 3.02 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibil- ity for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be accept- able to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance -with the Contract Documents. Any labor, documentation, services, materials, or equip- ment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Docu- ments and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- cy between the provisions of the Contract Documents and: a_ the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification 3.05 Reuse of Documents 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 - day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS A. Contractor and any Subcontractor or Supplier or other 4.01 Availability of Lands individual or entity performing or furnishing all of the A. Owner shall furnish the Site. Owner shall notify Work under a direct or indirect contract with Contractor, Contractor of any encumbrances or restrictions not of shall not: general application but specifically related to use of the Site with which Contractor must comply in performing 1. have or acquire any title to or ownership rights in the Work. Owner will obtain in a timely manner and pay any of the Drawings, Specifications, or other for easements for permanent structures or permanent documents (or copies of any thereof) prepared by or changes in existing facilities. If Contractor and Owner are bearing the seal of Engineer or Engineer's unable to agree on entitlement to or on the amount or consultants, including electronic media editions; 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 or a part thereof, Contractor EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relat- ing to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or perfonning any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, perfor- mance of the Work; subject, however, to the follow- ing: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 4.04 a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facili- ties, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor- on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal -to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. if the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: A. Contractor shall deliver to Owner, with copies to each 1. with respect to insurance required by Paragraphs additional insured identified in the Supplementary 5.04.A.3 through 5.04.A.6 inclusive, include as Conditions, certificates of insurance (and other evidence additional insured (subject to any customary exclu- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright p 2002 National Soclety of Professional Engineers for EJCDC. All rights reserved. 00700-15 slon r��ng pro essional liability) Owner-and 5-06 PropertyInsurance Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of A. Unless otherwise provided in the Supplementary whom shall be listed as additional insureds, and Conditions, Owner shall purchase and maintain property include coverage for the respective officers, directors, insurance upon the Work at the Site in the amount of the partners, employees, agents, consultants and full replacement cost thereof (subject to such deductible subcontractors of each and any of all such additional amounts as may be provided in the Supplementary insureds, and the insurance afforded to these addi- Conditions or required by Laws and Regulations). This tional insureds shall provide primary coverage for all insurance shall: claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provid- ed in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and 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 or damage to the Work, temporary buildings, false work, 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, (other than caused by flood) 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; 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. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 any other individuals or entities identified in iri addition, waive all such rights against Subcontractors, Supplementary Conditions, and the officers, directors, and Engineer, and all other individuals or entities partners, employees, agents, consultants and identified in the Supplementary Conditions to be listed as subcontractors of each and any of them, each of whom is insured or additional insured (and the officers, directors, deemed to have an insurable interest and shall be listed as partners, employees, agents, consultants and an insured or additional insured. subcontractors of each and any of them) under such policies for losses and damages so caused. None of the C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors_, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 _ _ _ settement wig the insurers in accordance with such - - sequences,-and procedures of cons_truction. Contractor agreement as the parties in interest may reach. If no such shall not be responsible for the negligence of Owner or agreement among the parties in interest is reached, Owner Engineer in the design or specification of a specific as fiduciary shall adjust and settle the loss with the means, method, technique, sequence, or procedure of insurers and, if required in writing by any party in construction which is shown or indicated in and expressly interest, Owner as fiduciary shall give bond for the proper required by the Contract Documents. performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall - consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. $. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guaran- tees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention C. All materials and equipment shall be stored, applied, thereto and applying such skills and expertise as may be installed, connected, erected, protected, used, cleaned, and necessary to perform the Work in accordance with the conditioned in accordance with instructions of the Contract Documents. Contractor shall be solely applicable Supplier, except as otherwise may be provided responsible for the means, methods, techniques, in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: l) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C2i 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supple- mentary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor EJCDC C-700 Standard General Conditions of the Construction Contract Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 -—---- 1 sh�l anything in the Contract Documents create royalty to others; the existen--ce of--- such– rights sfiall be any obligation on the part of Owner or Engineer to disclosed by Owner in the Contract Documents. pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or B. To the fullest extent permitted by Laws and Regula- tions, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringe- ment of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all.court_or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 --ter titlement to-or-on the-amount or extent,—if —an—yo any - -Work=Eon ac or shall remove from the Site a too s;- -- - - - -- – such adjustment, a Claim may be made therefor as appliances, construction equipment and machinery, and provided in Paragraph 10.05. surplus materials and shall restore to original condition all property not designated for alteration by the Contract 6.10 Taxes Documents. A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas I. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the D. Loading Structures. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: I. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright Cr 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 — in-directly,-irr-whote-O -in art b Conator; any Sub—con-1.- - __..Shop -Drawings-- tractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of a. Submit number of copies specified in the the Work, or anyone for whose acts any of them may be General Requirements. liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications Engineer or, or b. Data shown on the Shop Drawings will be or to the acts or omissions of Owner or En g complete with respect to quantities, dimensions, anyone employed by any of them, or anyone for whose specified acts any of them may be liable, and not attributable P performance and design criteria, materials, and similar data to show Engineer the directly or indirectly, in whole or in part, to the fault or lier, services, materials, and equipment Contractor negligence of Contractor or any Subcontractor, Su PP , proposes to provide and to enable Engineer to or other individual or entity directly or indirectly em- review the information for the limited purposes ployed by any of them). required by Paragraph 6.17.D. D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as a]I the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and veri- fied: a. all field measurements, quantities, dimen- sions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's 6.17 Shop Drawings and Samples responsibilities for means, methods, techniques, A. Contractor shall submit Sho P Drawin sand Sam les sequences, and procedures of construction, and g P safety precautions and programs incident thereto; to Engineer for review and approval in accordance with and the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as d. shall also have reviewed and coordinated each Engineer may require. Shop Drawing or Sample with other Shop Drawings and Samples and with the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 —requirements -f-the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Sched- ule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: I. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 — 6-20=- Indemn fcation -- -- - Contractoi shall not be required -to provide-professiona ---- -- -- - - services in violation ofa 1- 1,1 1 A. To the fullest extent permitted by Laws and Regula- tions, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the perfor- mance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. pp Ica e aw. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.2 1, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D. I. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: L written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 - - B-C-ontractor--shall=afford-each-other-contractor-who is a disruption costs -incurred -by Contractor asa result of the - - -- party to such a direct contract, each utility owner and other contractor's actions or inactions. Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reason- C. Contractor shall be liable to Owner and any other able opportunity for the introduction and storage of contractor for the reasonable direct delay and disruption materials and equipment and the execution of such other costs incurred by such other contractor as a result of work, and shall properly coordinate the Work with theirs. Contractor's action or inactions. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and ARTICLE 8 - OWNER'S RESPONSIBILITIES properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the 8.01 Communications to Contractor others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for A. Except as otherwise provided in these General Condi- the benefit of such utility owners and other contractors to tions, Owner shall issue all communications to Contractor through Engineer. the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 8.02 Replacement of Engineer C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. if Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and respon- sibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0 LA shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the urmer Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures,at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 A. Owner's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions, ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to yua,Uy or quantity of -the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the r JkUL 1-700 Standard General Conditions of the Construction Contract. Copyright 2j 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 U,IL,a A L-imumenis. r.ngineer will also have-authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 -- 1�T0 --C-H 4I>1GES-IN THE WORK; C -L -AIMS -1-0.04 — Not fcation to Surety -- 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such deci- sion in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Maim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 __D. n -t e=event=that Engineer -does -not -take -action on a - - ___ _ cash =-discounts s all accrue to Contractor unless Claim within said 30 days, the Claim shall be deemed Owner deposits funds with Contractor with which to denied. make payments, in which case the cash discounts E. Engineer's written action under Para a h I O.OS.0 or shall accrue to Owner. All trade discounts, rebates p and refunds and returns from sale of surplus materials denial pursuant to Paragraphs 10.05.C.3 or 10.0S.D will be final and binding upon Owner and Contractor, unless and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such 3. Payments made by Contractor to Subcontractors action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.13. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of ; Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor or an one EJCDC C-700 Standard General Conditions of the Construction Contract. y Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 ----J �., .. ,,,,.... �L,y „p,uycu oy any ormemr —3—art —of = Contractor's capital expenses -- -- for whose acts any of them may be liable, and including interest on Contractor's capital employed royalty payments and fees for permits and for the Work and charges against Contractor for licenses. delinquent payments. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages -have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.I or specifically covered by Paragraph I1.OI.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts -any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to properly. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.13. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 1 l .OLA and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 - -ARTICLE-I2--- CHANGE OF CONTRACT PRICE; 1. Contractor agrees that a contingency allowance CHANGE OF CONTRACT TIMES if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances; and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: I. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.132, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (deter- mined as provided in Paragraph 12.01 .C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: I . a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A. I and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01 .A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.01.A.2 and that any higher tier EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 ubcontractor acrd -C- tracta-7will each be_paid a—f-_ontr-actor-is-delayed-in-the-performance-or progress-- fee of five percent of the amount paid to the next of the Work by fire, flood, epidemic, abnormal weather lower tier Subcontractor; conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes d. no fee shall be payable on the basis of costs not the fault of and beyond control of Owner and itemized under Paragraphs 11.01 .A.4, 11.0I .A.5, Contractor, then Contractor shall be entitled to an and l 1.01.13; equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete e. the amount of credit to be allowed by the Work within the Contract Times. Such an adjustment Contractor to Owner for any change which shall be Contractor's sole and exclusive remedy for the results in a net decrease in cost will be the amount of the actual net decrease in cost plus a delays described in this Paragraph 12.03.C. deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0I.C.2.a through 12.01 .C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the Party snaking the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, EJCDC Standard General Conditions of the Construction Contract. Copyright ©2000 2 National nal Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 _.__� �-a�=9�ii ezLb�th��on r�ac�Dmcumen � - =If i� oun --_ - at the -uncover -e - or-cl—is- e ecti-v , _ except: Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of 1. for inspections, tests, or approvals covered by engineers, architects, attorneys, and other professionals Paragraphs 13.03.0 and 13.03.D below; and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, 2. that costs incurred in connection with tests or exposure, observation, inspection, and testing, and of inspections conducted pursuant to Paragraph 13.04.13 satisfactory replacement or reconstruction (including but shall be paid as provided in said Paragraph 13.04.C; not limited to all costs of repair or replacement of work of and others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to 3. as otherwise specifically provided in the Con- agree as to the amount thereof, Owner may make a Claim tract Documents. therefor as provided in Paragraph 10.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and fumish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in correction with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness 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 Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, 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. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay,all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 - A—lfwithi�eneyem after -the -date -orf -Substantial =If insteac�of�e ng_correction or-rernava_-an - - -- -- amplefion �r such Longer period of time as may be prescribed by the terms of any applicable special � pp P replacement of defective Work Owner and ( prior ito Engineer's recommendation of final Engineer) guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work payment, n prefers to accept it, Owner may do so. Contractor shall is found to be defective, or if the repair of any damages to pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as architects. attorneys, and other professionals and all court or contemplated in Paragraph 6.1 LA is found to be arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written accept such defective Work (such costs to be approved by Engineer as instructions: to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to 1. repair such defective land or areas; or this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change 2. correct such defective Work; or Order will be issued incorporating the necessary revisions in the Contract Documents with respect to 3. if the defective Work has been rejected by the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished Owner, remove it from the Project and replace it with Work that is not defective, and value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as 4. satisfactorily correct or repair or remove and provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an replace any damage to other Work, to the work of appropriate amount will be paid by Contractor to Owner. others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such convection or removal and replacement has been satisfactorily complet- ed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work 13.09 (honer May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorpo- rating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 an appropriate decrease in=the C-ontraet=Prise-If-theThe-amount-o :retainage-wit--respect-to-progress parties are unable to agree as to the amount of the payments will be as stipulated in the Agreement. adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses B. Review of Applications and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or 1. Engineer will, within 10 days after receipt of damaged by correction, removal, or replacement of each Application for Payment, either indicate in Contractor's defective Work. writin ad f D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu- mentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. g recommen on o payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 _including rna-paymen,_wilLlmspo e=resp.-onsibility i)—�edc7ion�nl'aymerrt -- - on Engineer: - - — --._ a. to supervise; direct, or control the Work, or b. for the means; methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. I. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occur- rence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.L 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 C. If Engineer considers the Work substantially com- - - a-cer-tifcate-o-f-Substanti-al-C-ompletion for -that part o -f- -- - - the Work-. -- -- - plete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the 2. Contractor at any time may notify Owner and date of Substantial Completion. There shall be attached to Engineer in writing that Contractor considers anv the certificate a tentative list of items to be completed or such part of the Work ready for its intended use and corrected before final payment. Owner shall have seven substantially complete and request Engineer to issue days after receipt of the tentative certificate during which a certificate of Substantial Completion for that part of to make written objection to Engineer as to any provisions the Work. of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not 3. Within a reasonable time after either such substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify request, Owner, Contractor, and Engineer shall make inspection Contractor in writing, stating the reasons therefor. If, after an of that part of the Work to determine its status of completion. If Engineer does not consider consideration of Owner's objections, Engineer considers that part of the Work to be substantially complete, the Work substantially complete, Engineer will within Engineer will notify Owner and Contractor in writing said 14 days execute and deliver to Owner and Contractor giving the reasons therefor. If Engineer considers that a definitive certificate of Substantial Completion (with a part of the Work to be substantially complete, the revised tentative list of items to be completed or correct- provisions of Paragraph 14.04 will apply with respect ed) reflecting such changes from the tentative certificate to certification of Substantial Completion of that part as Engineer believes justified after consideration of any of the Work and the division of responsibility in objections from Owner. respect thereof and access thereto. D. 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. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the. Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 evidence nfinciirance_=uited__Ey_Paragraph 14-08.___Einal_Co_mp_let_ian-De_1_oy_e-d — 5.0--7,---- -- -- b. consent of the surety, if any, to final payment; c. a list of all Claves against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as re- quired by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommen- dation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due L Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. A. If, through no fault of Contractor, _final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.0-1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC: All rights reserved. 00700-39 15.02 Owner May Terminate for Cause g g D. Notwithstanding Para ra hs I S 0� B and t 5 m { —P C=ontractor's -services will -no be-Tenminate if�C-ontractor - A. The occurrence of any one or more of the following begins within seven days of receipt of notice of intent to events will justify termination for cause: terminate to correct its failure to perforin and proceeds diligently to cure such failure i . Contractor's persistent failure to perform the days of receipt of said notice. within no more than 30 Work in accordance with the Contract Documents (including, but not limited to, failure to supply suffi- cient skilled workers or suitable materials or equip- ment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and fumishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 within 30 days after it is submitted, or (iii) Owner fails for be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their jurisdiction. 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 i£ 1. 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 2. 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 available 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 Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. 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, warranties, 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 completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed b the 1 f th J aw o e state in which the Project is located. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 A. Article and paragraph headings are inserted for __c-onventenee-on y -an - -do-not=eonstitut-e-parts-of-these ----- General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. _ 00700-42 SECTION 00800 SUPPLEMENTARY CONDITIONS INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES BOARD OF COMMISSIONERS 1801 27th Street, Vero Beach, Florida 32960 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS TABLE OF CONTENTS DART I - AMENDMENTS TO GENERAL CONDITIONS Article Number Title 1 DEFINITIONS AND TERMINOLOGY 2 PRELIMINARY MATTERS - 3 CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 5 BONDS AND INSURANCE 6 CONTRACTOR'S RESPONSIBILITIES 7 OTHER WORK AT THE SITE 8 OWNER'S RESPONSIBILITIES 9 ENGINEER'S STATUS DURING CONSTRUCTION 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE'Jt,'ORK 14 PAYMENTS TO CONTRACTOR AND COMPLETION 15 SUSPENSION OF WORK AND TERMINATION 16 DISPUTE RESOLUTION 17 MISCELLANEOUS 00800-2 SUPPLEMENTARY CONDITIONS PART I - AMENDMENTS TO GENERAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC Document No, C-700, 2002 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. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.01A.43. Delete paragraph 1.01A.43. of the General Conditions in its entirety and replace with the following: 43. Specifications - Sections included under Division 1 through Division 2 of the Project Manual. ARTICLE 2 - PRELIMINARY MATTERS SC -2.01 B. Delete paragraph 2.01 B of the General Conditions in its entirety and replace with the following: B. Before any Work at the site is started, Contractor shall deliver to Owner, with copies to Engineer, certificates of insurance, which Contractor is required to purchase and maintain in accordance with the requirements of the Contract Documents. SC 2.03A Delete paragraph 2.03A of the General Conditions in its entirety, and replace with the following: The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 60 days after the Effective Date of the Agreement. SC 2.05A1 Add the following immediately at the end of subparagraph 2.05A1: using the Critical Path -Method (CPM). SC 2.05A.4 Add new subparagraph 4 after the existing text of 2.05 of the General Conditions: 4. If this Project is an addition to an existing working plant, then the Contractor shall coordinate with the Owner on tie-ins. The Owner shall have final say on plant shut down times and duration to make tie-ins. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC -3.01C Add a new paragraph immediately after Paragraph 3.01 C of the General Conditions which is to read as follows: 00800-3 D. Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein SC3.03A.3 Delete existing 3.03A.3 of the General Conditions in its entirety and replace it with the following: Contractor shall not be liable to Owner or Engineer for failure to report any such conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or, in the exercise of ordinary care, reasonably should have recognized such conflict, error, ambiguity, or discrepancy and failed to report it in writing to the Owner and the Engineer. SC 3.03B Delete existing 3.03B of the General Conditions in its entirety and replace it with the following B. Resolving Discrepancies. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall be read together as a whole not in isolation so as to give meaning to each provision; however, to the extent there is a conflict or inconsistency between or among provisions, the strictest or most stringent standard shall apply. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC 4.01A Delete existing paragraph 4.01A of the General Conditions in its entirety and replace it with the following: A. Owner shall furnish the site. SC 4.01 B Delete existing paragraph 4.01 B of the General Conditions in its entirety: SC 4.02A Delete 4.02 A.1 of the General Conditions in its entirety and replace it with the following: A. Reports and Drawings: The Contract Documents may identify those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents. Engineer has relied upon the data obtained from subsurface investigations made at the site in the form of test borings. Such data is in the form of boring logs, which are available upon request. The locations of the test borings are indicated on the Drawings. Such logs and samples are not part of the Contract Documents. SC -4.02A.2. Add the following new sentences immediately at the end of existing paragraph 4.02A.2. of the General Conditions which is to read as follows: In the preparation of Drawings and Specifications, the Engineer has relied upon the reports listed in Section 00200 and tests of subsurface physical conditions at the site. Copies of these reports are available upon request. The foregoing information and data shown or indicated in the Contract Documents is based on information and data furnished to Owner or the Engineer by others. The Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for requesting, reviewing, and checking all such information and data. 00800-4 Sc 4.03A Delete 4.03 A of the General Conditions in its entirety and replace it with the following A. Notice. The Contractor shall promptly, and before such conditions are disturbed, and in no event later than 10 days after first observance of the conditions, notify the Owner and Engineer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (2) unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. The Owner will promptly investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under this Contract, a Change Order shall be issued accordingly based on the Schedule of Values and executed by the Owner and the Contractor. Contractor's failure to provide notice upon discovery of the differing site condition shall waive any entitlement to such an adjustment in the Contract Price or Contract Time. Further, no Claim of the Contractor under this paragraph 4.03A shall be allowed unless the Contractor has given the notice as required in this paragraph 4.03A. SC -4.028. Delete paragraph 4.02 b in its entirety and replace with the following: The information and data shown or indicated in the Contract Documents with respect to Underground Facilities owned by others or contiguous to the site is based on information and data furnished to Owner or the Engineer by the owners of such Underground Facilities or by others. The Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data. SC 4.03C1 Delete subparagraph 4.03C1 of the General Conditions in its entirety. SC 4.03-C.3: Delete the words: "arbitration or" in line 10 of paragraph 4.03-C.3 of the General Conditions. SC -4.05A. Add the following new paragraph immediately after paragraph 4.05A. of the General Conditions to read as follows: B. Engineer may check the lines, elevations, reference marks, batter boards, etc., set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work. Contractor shall furnish personnel to assist Engineer in checking lines and grades. SC 4.06D Delete the last sentence of paragraph 4.06D of the General Conditions in its entirety SC 4.06G Delete paragraph 4.06G of the General Conditions in its entirety. SC 4.07 Archaeological or Resources at Site SC4.07A If Archaeological or Historical Resources are revealed, uncovered or discovered at site, Contractor shall cease work immediately and solicit the services of an Archaeologist Registered with the Registry of Professional Archaeologists. Based on Archaeologist's determination, Contractor shall then submit a Change Order in order to avoid resources or mitigate as required to proceed with project. 00800-5 ARTICLE 5 - BONDS AND INSURANCE SC 5.01A Add the following sentence immediately after the existing text in paragraph 5.01A of the General Conditions: 9 Pursuant to Florida Statutes section 255.05(1)(a) (2007), any claimant (as such term Florida Statutes section 713.01) may apply to Indian River County as Owner f Agreement and the recorded payment and performance bonds and shall .,rm is defined in with certified- copies of such documents. or copies of the II thereupon be furnished SC 5.038 Delete existing paragraph 5.038 of the General Conditions in its entirety. SC 5.048 Delete existing paragraph 5.048 of the General Conditions in its entirety and replace with the following: B. The Contractor shall not commence Work under the Agreement until it has obtained required under the Agreement and the Indian River County Risk Manager has a insurance. The Contractor shall procure and maintain, for the duration arced all insurance minimum insurance coverage as set forth herein. The cost of such approved such of the Agreement, the Contract Price h insura� ce shall be included in the C. The insurance required by paragraph 5.04A of the General Conditions shall Provide not less than the following amounts or greater where required by Laws and Regulations: p de coverage for 1- Workers' Compensation: To meet statutory limits in compliance Compensation Law of Florida. This policy must include employers' liabilitywith $500,000 for each accident, $500,000 disease Policylimit p e with the Workers employee. Such policy shall include a waiver of subrogation as against h a limit injury sustained by an employee(s) of the Contractor. mit and $100,000 disease each 9 t Owner on account of 2. Commercial General Liability: A per occurrence form polic , including Independent Contractors, Products and Completed Operations including X Premise (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property D Endorsement, with a combined single limit of not less than $3,000 � (xplosion, include products/completed operations p Y amage /legal liability, and medical payments. Limits can be la ,000 general aggregate to personal injury/advertising liability, fire damage (Umbrella). layered with an Excess Liability Policy 3. Business Auto Liability: Coverage shall include Owned vehicles and Hired/Non-Owned for a combined single limit (bodily injury and roe of Owned $3,000,000/combined single limit (Bodily Injury/Property Damage); damage) of not less than -- statutory limits; $1,000,000 uninsured/underinsured motorist; $1,000,000/hired/non-own personal injury protection auto liability. Limits can be layered with Excess Liability Policy (Umbrella). ed D. Insurance Requirements — Ten (10) days prior to the commencement of an W Contract, a certificate of insurance shall be provided to the Indian River Count Risk review and a Y Work under the approval. The certificate shall provide that: (a) Indian River Count Manager for Schulke, Bittle & Stoddard, LLC (as Engineer) be named as an additional insured on th general liability, auto liability, and Contractor's Builders' Risk "All Risk" in Y (as Owner) and Contractor's insurance coverage shall be rima a commercial Schulke, Bittle & Stoddard, LLC will be given thirty (30) days' no insurance policies; (b) the primary; and (c) Indian River County (as Owner) and Y notice prior to cancellation or 00800-6 MO Tfication of any required insurance and such notice shall be in writingb re receipt requested and addressed to the Indian River County Risk Manager. It e the responsibility of the Contractor to ensure that all subcontractor y registered mail return requirements of this Contract. s comp) ywith all �linsurance E. All coverage shall be maintained without interruption from date of commencement of Work until date of final payment. Ke G. The insurance companies selected shall send written verification t y Rating of A- VII F. All insurers must be authorized to do business in Florida and have a Best I. Manager that they will provide 30 days prior written notice to the Indian R verdian River County Risk Of its intent to cancel or modify any required policies of insurance. County Risk Manager SC 5.05 Delete existing paragraph 5.05 of the General Conditions in its entirety. SC -5.06 Delete existingy paragraph 5.06 of the General Conditions in its entirety. SC -5.07 Delete existing paragraph 5.07 of the General Conditions in ity and replace with the following.s entirety A. All insurance policies provided by the Contractor shall contain provisions to th insurer waives all rights of subrogation against any of the insured, additional ins officers, directors, partners, employees, agents, consultants and subcontractors a effect that the them) Owner and the Engineer. insured, (and the ctors of each and any of SC -5.08 Delete existing paragraph 5.08 of the General Conditions in its entirety. SC -5.09 Delete existingy paragraph 5.09 of the General Conditions in its entirety. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC 6.01 B Delete paragraph 6.01 B of the General Conditions in itplace with the following:s entirety, and re 6.01 B The Contractor shall employ a competent superintendent and necessaryassist be assigned to, and in attendance at, the Project site during superintendent shall be reasonably satisfactory to the Owner. So to ants who shall remains employed by the Contractor s any related o the performance of the Work. The ng as the superintendent Without the Owner's prior written consent, except under sextraord naryt circumnot stances. sta a replaced superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. nces. The p tendent SC -6.0213 Add the following new paragraphs immediately after paragraph 6.026. of the General Conditions which are to read as follows: C. Regular working hours are defined as 8 hours per day, Monday through Friday, holidays, between the hours of 7:00 AM and 7:00 PM. Requests to work other than r hours shall be submitted to Engineer not less than 48 hours prior to an proposed g ay' excluding scheduled extended work weeks. Occasional unscheduled overtime on wee regular working provided two hours notice is given to Engineer, y p pokdays may be permitted sed weekend work or 00800-7 D. Contractor shall reimburse the Owner for additional engineering and/or inspection cost as a result of overtime work in excess of the regular working hours stipulated in Article SC -6.020. Owner's option, overtime costs may either be deducted from the Contractor's mo s incurred request or deducted from the retainage prior to release of final payment. Overtime costs for the At Owner's personnel shall be based on the individual's current overtime wage rate. Overtime costs payment c personnel employed by the Engineer or Owner's independent testing laboratory shall be calculated in accordance with the terms of their respective contracts with the Owner. SC 6.04A.1 Add the following sentence immediately after the existing text in paragraph the General Conditions:6.04 A.1 of Additionally, any and all changes to the Project's critical path must be reflected ected in eac h Project SC -6.04.A.3 Add the following paragraph immediately after paragraph GC -6.04.A.2 of the Conditions: a General Contractor shall give Owner full information in advance as to its plans for performingeach Work. If at any time during the progress of Work, Contractor's actual progress is inadequate meets the requirements of the Contract, Owner may, but is not obligated to, s part o the such event, Contractor acknowledges and agrees that Contractor shall implement s to following remedial actions at the sole cost and expense of Contract so Contractor. In such quantities and crafts as necessary to eliminate the backlog of Work; b In so or all m the Contractor: (a) Increase manpower in of working hours per shift, shifts per working day, working days per week, the amount of con equipment, or any combination of the foregoing to eliminate () crease the number the Work in conformance with the specification requirements. Neither such notice construction the backlog of Work; or (c) Reschedule Owner's failure to issue such notice shall relieve Contractor of its obligation to achieve the Work and rate of progress required by the Contract. Failure of Contra tice by Owner nor of the remedial actions may be grounds for determination by Owner that quality of Contractor to implement some or all prosecuting its Work with such diligence as will assure completion within times specified. Upon such determination, Owner may terminate Contractor's right to proceed with the performance of the Contract, or any separable part thereof, in accordance with the applicable provisions Contract. of this SC -6.06A Delete Paragraph 6.06A of the General Conditions in its entirety and replace with the following: A. Contractor shall not employ any Subcontractor, Supplier or other person or (including those who are to furnish the principal items of materials or equipment), whether initially as a substitute, against whom Owner may have reasonable objection organization, Subcontractor, Supplier or other person or organization by Owner shall not c r or any right of Owner- to reject defective Work. Contra c -tor not tor shall J be required to employ any 'Acceptance of any Subcontractor, Supplier or other person or organization against who constitute a waiver of Objection. m Contractor has reasonable SC -6.066 Delete Paragraph 6.066 of the General Conditions in its entirety. SC -6.08 Delete Paragraph 6.08 of the General Conditions in its entirety and replace with the following: ALL PERMIT, IMPACT, OR INSPECTION FEES APPLICABLE AT THE TIME OF OPENING BIDS THAT ARE PAYABLE TO INDIAN RIVER COUNTY IN CONNECTION WITH THE WORK ON THIS COUNTY PROJECT WILL BE PAID BY INDIAN RIVER COUNTY. Contractor acknowledges that the foregoing items are governed by the provisions of Florida Statutes section 218.80, Public Bid Disclosure Act. Further, Contractor shall pay the applicable business tax and obtain a business tax receipt from the Indian River County Tax Collector. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all applicable construction permits. Owner shall reimburse Contractor for the cost of such permits on the basis of actual cost. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. As set forth in the Contract Documents, re-inspection fees are payable solely by Contractor. Owner shall pay all charges of utility owners for connections for providing permanent services to the Work. Owner has obtained the General Water Permits from Florida Department of Environmental Protection and such permits are included in the Contract Documents in Section 00901. Owner has made application for the Florida Department of Transportation Utilities Permit, Rangline Canal and A-2 Canal Utilities Construction Permit, a and Indian River FarmsRiver otunty er Util Control of-way Permit. Any permits issued after issuance of bid documents and prior to bid opening will be provided as an Addendum. The selected Contractor shall obtain Florida Department of Environmental Protection NPDES Permit and Indian River County dewatering permit, if such permits are required. Contractor acknowledges that the foregoing items are governed by the provisions of Florida Statutes section 218.80 (2006), Public Bid Disclosure Act. SC 6.11 A.3: Delete the words: "arbitration or" in line 9 of paragraph 6.11 A.3 of the General Conditions. SC 6.19A: Delete Paragraph 6.19A. of the General Conditions in its entirety and replace with the following: A. Contractor warrants and guarantees to Owner for one (1) (ear from the date of Final Completion that all Work will be in accordance with the Contract Documents and will not be defective; provided, however, that manufacturer equipment warranties may be of a longer duration. SC -6.20A Delete paragraph 6.20A of the General Conditions in its entirety. SC -6.21 E Delete paragraph 6.21 E of the General Conditions in its entirety and replace with the following: E. Contractor shall not be responsible for the adequacy of the performance criteria or design criteria required by or contained in the Contract Documents. ARTICLE 8 OWNER'S RESPONSIBILITIES SC -8.02 Delete paragraph 8.02 of the General Conditions in its entirety and replace with the following If Owner terminates the employmentof Engineer, Owner may appoint another engineer whose status under the Contract Documents shall be that of the former Engineer. SC -8.04 Delete paragraph, 8.04 of the General Conditions _in its entirety and replace with the following: __ _ 9� Payments under this contract are governed by the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq., SC -8.06 Delete paragraph 8.06 of the General Conditions in its entirety. SC -8.11 Delete paragraph 8.11 of the General Conditions in its entirety. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC 9.02 Delete the first sentence of paragraph 9.03A of the General Conditions in its entirety and replace with the following: A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified Engineer the progress that has been made and the quality_of the various aspects of Contractor's executed Work. SC -9.03A Add the following new paragraph immediately after paragraph 9.03A of the General Conditions which is to read as follows: B. Engineer will furnish a part-time Resident Project Representative. Contractor is responsible to give 24-hour notice on all required inspections so that the Resident Project Representative may be present. SC 9.04 A Delete the third sentence of paragraph 9.04A of the General Conditions in its entirety and replace with the following: However, if Contractor claims entitlement to additional time or money as a result of the Field Order, such entitlement is conditioned upon obtaining a Change Order authorized and executed by Owner after timely making a Claim as provided in the Contract Documents. SC 9.08-A: Delete the second sentence of 9.08A of the General Conditions in its entirety and replace with the following: 00800-10 xcept for: (a) Claims for differing subsurface or physical conditions governed b and (b) claims for time extensions governed b lmatters Y paragraph the matters between Owner and Contractor arising prior to the date final payment' s question due, relating to the acceptability of the Work and the interpretation of the requirements of the contract documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 15 days after occurrence of the event giving rise to such Claim or within 15 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later; provided, however, the Owner shall make all final determination of such matters. SC 9.08-C Delete paragraph 9.08-C of the General Conditions in its entirety SC 9.08-D Delete paragraph 9.08-D of the General Conditions in its entirety SC 10.03 A.3 Delete subparagraph 10.03.A.3 of the General Conditions in its entirety SC 10.05.A Delete paragraph 10.05.A of the General Conditions in its entirety and replace with the following: A. All Claims shall initially be referred to the Engineer for decision. SC 10.05.13 Delete paragraph 10.05.13 of the General Conditions in its entirety and replace with the following: Except for: (a) Claims for differing subsurface or physical conditions governed b and (b) claims for time extensions governed b y paragraph aims by either party ll be initiated within 15 days after occurrence of the event giving rrise to such Claim or within 15 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later, by written notice of the amount or extent of the Claim, dispute, or other matter with supporting data to the Engineer and the other party by written notice stating the general nature of each Claim, dispute, or other matter delivered by the claimant to Engineer and the other party to the Contract. A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.13. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. SC 10.05 C Delete paragraph 10.05C of the General Conditions in its entirety. SC 10.05 D and E Delete paragraphs 10.05.D and E of the General Conditions in their entirety r. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC -11.02A Delete paragraph 11.02.A of the General Conditions in its entirety and replace with the following: It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER. Delete paragraphs 11.02B through D of the General Conditions in their entirety. 00800-11 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC12.01 C Delete 15 percent" in line 2 of paragraph 12.01 C.2.a of the General Conditions and replace with 10 percent". SC12.01C Delete 15 percent" in line 6 of paragraph 12.01C.2.c of the General Conditions and replace with 10 percent". 12.03A and B Delete paragraphs 12.03.A and 12.03B of the General Conditions in their entirety and replace with the following: A. Where Contractor is delayed or prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if M a Claim is made therefore as provided in paragraph 12.02.A and (2) Contractor provides evidence that the delay impacted the critical path of the Project. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, abnormal weather conditions or acts of God. The Contractor must request the extension of time in writing and must provide the following information within the time periods stated hereafter. Failure to submit such information and in compliance with the time requirements hereinafter stated, shall constitute a waiver by the Contractor and a denial of the claim for extension of time: 1. Nature of the delay or change in the Work; 2. Dates of commencement and cessation of the delay or change in the Work; 3. Activities on the current progress schedule affected by the delay or change in the Work; 4. Identification and demonstration that the delay or change in Work affects the critical path; 5. Identification of the source of delay or change in the Work; 6. Anticipated extent of the delay or change in the Work; and 7. Recommended action to minimize the delay. B. Contractor hereby affirms that the extension of time granted herein is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment or claim for damages shall be made to the Contractor as compensation for damages for any delays or hindrances from any cause whatsoever in the progress of the Work whether such delay is avoidable or unavoidable. SC 12.03C Delete paragraph 12.03.0 of the General Conditions in its entirety. SC 12.03D Delete paragraph 12.03D of the General Conditions in its entirety and replace with the following: In no event shall Owner, Engineer, or the Related Entities of either of them be liable to Contractor, any Subcontractor, any Supplier, any other person or organization, or any surety for or employee or agent of any of them, for any claim, cost, loss, or damages of any nature whatsoever arising out of or resulting from delays. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC 13.04C Delete the words: "arbitration or" in line 10 of paragraph 13.04.0 of the General Conditions. 00800-12 SC 13.06A Delete the words: "arbitration or" in line 9 of paragraph 13.06.A of the General Conditions. SC13.07A Add the following sentence at the beginning of paragraph 13.07.0 of the General Conditions: -The OlWner and Confractor agree that a warranty inspection shall be scheduled no later than eleven (11) months after final payment under this Contract so that the Owner and the Contractor ma inspect and otherwise examine the Work prior to the expiration of the Performance Bond y SC 13.07E Delete paragraph 13.07E of the General Conditions in its entirety and replace with the following: Contractor's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or any way to limit the Contractor's continued liability for defective Work, including latent defects. SC 13.08A TWO changes: 1. Delete the words: "arbitration or" in line 8 of paragraph 13.08.A of the General Conditions. 2. Delete the phrase "(such costs to be approved by Engineer as to reasonableness)" in lines 10 and 11 of paragraph 13.08.A of the General Conditions. 13.09C Delete the words: "arbitration or" in line 4 of paragraph 13.09.0 of the General Conditions. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02A.1 Delete the first sentence of paragraph 14.02.A.1 of the General Conditions in its entirety and replace with the following: On or before the tenth (10th) day of each month, the Contractor shall submit completed partial Progress payment requests to the Engineer, as set forth herein. Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. Such supporting documents shall include but not be limited.to, the required Contractor's certification; retainage as set forth in the Agreement; and a monthly dated CPM schedule for the Project. The Contractor shall make the following certification (Affidavit) on each Application for Payment. I hereby certify that the labor and materials listed -on -this Application -for --Payment have -been -used- in the construction -of this Work and -payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: "All payments by Indian River County as Owner shall be made in accordance with the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC -14.02A.3 Add a new paragraph immediately after paragraph 14.02A.3 of the General Conditions, which is to read as follows: 00800-13 4. Contractor shall furnish satisfactory proof to Owner and Engineer that payment received from Owner for materials and equipment not incorporated into the Work and suitably stored, has in fact been paid to the respective supplier(s) within ten (10) days of Contractor's receipt of payment from Owner. Failure to provide such evidence of payment shall result in the withdrawal of previous approval(s) and removal of the cost of related materials and equipment from the next submitted Application for Payment, and shall be deemed a default under the Contract.. _ SC -14.02C.1 Delete paragraph 14.02.0 of the General Conditions in its entirety and replace following: All payments by Indian River County as Owner shall be made in accordance with the i Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC- 14.02D.1 A Delete paragraph 14.02D.1.d of the General Conditions in its entirety and replace with the following: d. OWNER has actual knowledge of the occurrence or probable occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. SC -14.02D.2 Delete paragraph 14.02D.2 of the General Conditions in its entirety and replace with the following: If Owner refuses to make payment of the full amount recommended by Engineer, Owner shall provide notice to Contractor in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. and pay Contractor any amount remaining after deduction of the amount so withheld in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. Owner shall pa Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC -14.03A. Add the following sentences to the end of the existing paragraph as follows: 14.03A of the General Conditions No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Contractor warrants that Contractor has good title to all materials and supplies used by Contractor in the Work, free from all liens, claims or encumbrances. 1. SC -14.04C. Delete paragraph 14.04C of the General Conditions 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 00800-14 request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. SC 14.04D Delete paragraph 14.04D of the General Conditions in its entirety and replace with the following: 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, HVAC, utilities, insurance, and warranties and guarantees. SC14.07A.3 Delete paragraph 14.07A.3 of the General Conditions in its entirety. SC -14.07B.1 Delete paragraph 14.0713.1 of the General Conditions in its entirety and replace with the following: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate, within twenty days after receipt of the final Application for Payment, in writing Engineer's recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. SC -14.07.C.1 Delete paragraph GC -14.07.C.1 in its entirety and replace with the following: Payment shall be made by Owner to Contractor according to the Local Government Prompt Payment Act, Florida Statutes section 218. et.seq. SC 14.08 Delete paragraph 14.08 of the General Conditions in its entirety. SC 14.09 Delete paragraph 14.09 of the General Conditions in its entirety. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SC -15.02.A.1 Delete subparagraph 15.02.A.1 of the General Conditions in its entirety, and replace with the following: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents; SC -15.02.A.4 Delete subparagraph 15.02.A.4 of the General Conditions in its entirety, and replace with the following: 4. Contractor's violation of any material provisions of the Contract Documents. SC 15.02.A.5 and 6: Add the following new subparagraphs at the end of paragraph GC -15.02.A 00800-15 5. Failure of Contractor to make proper payments to Subcontractors for labor, services, materials or equipment in connection with the Work; 6. If Contractor abandons the Work, or assigns Contract or any part thereof, without the previous written consent of Owner, otherwise than in accordance with the Contract Documents. SC -15.02.0 Delete the words: "arbitration or" in line 7 of paragraph 15.02.0 of the General Conditions. SC -15.03.A.3 Delete subparagraph 15.03.A.3 of the General Conditions in its entirety. SC 15.02.G Add the following new paragraph immediately following paragraph 15.02.F of the General Conditions: G. If, after termination of the Contract by the Owner for cause as set forth in paragraph 15.02, it is determined that the Contractor had not failed to fulfill its contractual obligations, the termination under paragraph 15.02 shall be deemed to have been for the convenience of the Owner. In such event, adjustment of the contract price shall be made as provided in paragraph 15.03. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01A Delete the paragraph 16.01A of the General Conditions in its entirety and replace with the following: A. Prior to the filing of any suitor other legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall, by mutual agreement, select a circuit court mediator as certified by the Supreme Court of Florida within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a circuit court mediator as certified by the Supreme Court of Florida, then the Owner shall select the mediator, who shall be a circuit court by Owner and Contractor. mediator as certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares SC 16.01.C. Delete paragraph 16.01 C of the General Conditions in its entirety and replace with the following C. Contractor shall carry on the Work aid maintain the progress schedule during the dispute resolution proceedings, unless otherwise agreed by Contractor and Owner in writing. ARTICLE 17 - MISCELLANEOUS SC 17.01A Delete paragraph 17.01A of the General Conditions in its entirety and replace with the following Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown in the Agreement. Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions 00800-16 received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this paragraph, by written notice to the other party given in accordance with the provisions of this paragraph. 17.02. Utilities. The Contractor shall, at its expense, arrange for, develop, and maintain all utilities in Work areas to meet the requirements of the Contract. Such utilities shall be furnished by Contractor at no additional cost to the Owner, and shall include, but not be limited to the following: public telephone service for the Contractor's use; construction power as required at each point of construction; and water as required throughout the construction. Prior to final acceptance of the Work the Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of the Contract. The Owner will assume the utility costs directly related to its usage of areas in which it has take Beneficial Occupancy. 17.03. Drainage. The Contractor shall so conduct its operations and maintain the Work in such condition that adequate drainage will be in effect at all times. Existing functioning storm sewers, gutters, ditches, and other run-off shall not be obstructed. 17.04. Fire Hydrants Fire hydrants on or adjacent to the highway shall be kept accessible to fire apparatus at all times and no material or obstruction shall be placed within fifteen feet (15') of any such hydrant. 17.05. Protection of Structures. Heavy equipment shall not be operated close enough to pipe headwalls or other structures to cause their displacement. 17.06. Fencing. On all Work which includes fencing and where the Engineer determines it to be necessary for maintaining the security of livestock or adjacent property, or for protection of pedestrians who are likely to gain access to the Work from adjacent property, the Contractor shall erect an appropriate temporary security fence as a first order of business. Temporary fencing shall be installed at temporary construction easement areas on all commercial and re sidetial properties appropriate to secure the Work area and protect persons and domestic animals. nn all times, the Contractor shall conduct the Work under secure temporary fencing. Permanent At shall be addressed as required by the Plans and Specifications. 17.07. Record Drawings The Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the sire in good order and annotated to show all changes made during the construction process. These items shall be available_ to the Engineer and shall be delivered to the Engineer for the Owner. Record Drawings shall be submitted with each pay request. Final Acceptance of the Work will be withheld until the approval of such documents is made by the Owner. 17.08. Progress Videotapes Contractor shall deliver to the Owner both prior to commencing the Project and before receipt of Final Payment a DVD type color videotape of the Project showing the site before and after Work has been completed. Contactor shall audibly identify on the videotape the station numbers as those areas of the Project are taped. The cost of the videotaping is included in the bid submitted by the Contractor. - 17.09. Commercial Activities Contractor shall not establish any commercial activity or issue concessions or permits of any kind to third parties for establishing commercial activities on land owned or controlled by Owner. Contractor shall not allow its employees to engage in any commercial activities on the Project site. 00800-17 PART II - FORMS TO BE USED DURING PROJECT CONSTRUCTION (Pages 20 through 37) NOTICE OF AWARD - (Sample) NOTICE TO PROCEED FIELD ORDER WORK CHANGE DIRECTIVE CHANGE ORDER APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION FINAL RELEASE OF LIEN DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 00800-18 (This Page Intentionally Left Blank) 00800-19 (SAMPLE) NOTICE OF AWARD Dated 20 TO: (Bidder) CONTRACT FOR: BRINE LINE CONVERSION TO A POTABLE WATER MAIN - 77TH ST. You are notified that your Bid dated , 20_ for: for the above Contract has been considered. You are the apparent successful Bidder and have been awarded a contract (Indicate total Work, alternates or sections of Work awarded) The Contract Price of your contract is Dollars Enclosed are two (2) copies of the Contract Documents for your execution and subsequent return to this office for further processing. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by 20 1. Execute all copies of the Agreement. Each Project Manual and set of contract drawings must bear your signature on the cover sheet. Do not date the Agreements or bonds; this will be accomplished upon execution of the contracts by the OWNER. Submit a power of attorney authorizing OWNER to date bonds and Agreements. 2. Submit one (1) original copy of the Payment and Performance Bonds. Instructions to the Surety and the Principal for execution of the bonds are as follows: Where the CONTRACTOR is a Corporation, the Agreement and any bonds must be executed by the President or other duly authorized officer of the corporation. The Agreement or Bond_is_accompani.ed._.by_a_statement-certified-by--a Secretary -of -the -Corporation: -The- - - signatures of the persons executing the bond on behalf of the Principal and of the Surety, respectively, shall each be dated on the signature line. If the bond is executed by an Attorney -in -Fact for the Surety, the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attorney. 00800-20 Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document. The Secretary or other properly authorized Officer must certify and seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the bond was executed by the Attorney -in -Fact. 3. Include two (2) copies of the Certificate of Insurance. The Certificate must name the OWNER as an additional insured and the standard cancellation clause must read as follows: "Should any of the above described policies be canceled or changed by restricted amendment before the expiration date thereof, the issuing Company will give thirty (30) days written notice to the below named certificate holder." Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within twenty (20) days after you comply with the above conditions, the OWNER will return to you one fully signed counterpart of the Contract Documents attached. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact this office. Sincerely, 00800-21 NOTICE TO PROCEED , 20 CONTRACT FOR: BRINE LINE CONVERSION TOA POTABLE WATER MAIN — 77TH ST. CONTRACTOR: Gentlemen: You are hereby notified to commence work on the subject contract on or before 20_ and are to fully complete the work within calendar days. In accordance with the contract documents, the Substantial Completion date is Completion date being , (—days) with the Final change order only. (---.days). Extension in time will be by written The contract provides for assessment of liquidated damages for each consecutive calendar day that the work remains incomplete after the above established substantial completion date the sum of $450.00 and for each consecutive calendar day that the work remains incomplete after the above established final completion date the sum of $ By: Indian River County, Florida (OWNER) (Authorized Signature) Larry Brown PE — Environmental Engineer (Printed Name & Title of Above Signer) NOTE: Attach this notice to your contract making it a part thereof. 00800-22 FIELD ORDER PROJECT: Brine Line Conversion To A FIELD ORDER NO.: Potable Water Main - 77th St DATE: OWNER: Indian River Coun TO: CONTRACT: OWNER'S PROJECT NO.: UCP 3086 CONTRACT DATE: -------- -- --- --------------------------------------- This Field Order is issued to interpret/clarify the Contract Documents, order minor changes in the work and/or memorialize trade-off agreements. Both parties hereby agree that the work described by this Field Order is to be accomplished without change in Contract Sum, Contract Time, and/or claims for other costs. --------------------------------------------------------------------------------------------------------------------------- DESCRIPTION: (Here insert a written description of the interpretation, change or agreement.) ---------------------------------- ---------------- IELD ENGINEER: CONTRACTOR: BY: - DATES: 00800-23 DATE: (This Page Intentionally Left Blank) 00800-24 WORK CHANGE DIRECTIVE No. PROJECT: Brine Line Conversion To A Potable Water Main — 77th Street DATE OF ISSUANCE: OWNER: Indian River Count 1801 27th Street Vero Beach Florida 32960 (Name, Address) CONTRACTOR: OWNER's Project No.: ENGINEER: Schulke Bittle & Stoddard LLC CONTRACT FOR: ENGINEER's Project No.: 08-091 You are directed to proceed with the following change(s): Description: Purpose of Work Directive Change: Attachment(s) (list documents supporting change): If a claim is made that the above change(s) have affected Contract Price.or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Time: [ j Time and Materials [ ] Contractor's records [ j Unit Prices [ j Engineer's records (] Cost plus fixed fee [ j Other Estimated increase (decrease) in Contract Price $ . If the change involves an increase, the estimated exceed amount is not to be exceeded without further authorizatiori- . Estimated increase (decrease) in Contract Time days. If the change involves an increase, the estimated time is not to be without further authorization. Once the Work covered by the directive is completed or final cost and time determined, Contractor should submit documentation for inclusion in a change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. By: By: Engineer Owner Date: Date: 00800-25 WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimates time is reached. If Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's__ _ recommendation. - - Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. 00800-26 CHANGE ORDER No. PROJECT Brine Line Conversion To A Potable Water Main – 77th Street DATE OF ISSUANCE EFFECTIVE DATE OWNER Indian River Count OWNER's Contract No. SBS Project No. 08-091 CONTRACTOR ENGINEERSchulke Bittle & Stoddard LLC You are directed to make the following changes in the Contract Documents: Description: Reason for change order: Attachments: List documents su ortin Chan e CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times Net changes from previous Change Orders No._ to No. Contract Price prior to this Change Order Net Increase (decrease) in this Change Order Substantial Completion: Ready for final payment: Days or dates Net change from previous Change Orders No.—to No. Contract Time prior to this Change Order Substantial Completion: Ready for final payment: Das or dates Net Increase in this Change Order Contract Price with all approved Chane aavs Orders 9 Contract Time with all approved Change Orders $ Substantial Completion: Ready for final payment: RECOMMENDED: 77 -Da --Da- s --or dates _. _ APPROVED: ACCEPTED: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature Date: Date: Date: EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-27 CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting should be sent to the other party for approval. Engineer should make distribution of executed reopies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. 00800-28 APPLICATION FOR PAYMENT NO To: Indian River Count From: (OWNER) Contract: (CONTRACTOR) Project: Brine Line Conversion To A Potable Water Main — 77 Street OWNER's Contract No. For Work accomplished through the date of: ENGINEER's Project No. 08-091 2. K� 4 Original Contract Price: Net change by Change Orders and Written Amendments (+ or Current Contract Price (1 plus 2): Total completed and stored to date 5. Retainage (per Agreement): Of completed Work: $ of stored material: $ 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): $ Accompanying Documentation: CONTRACTOR'S Certification: $ $ The undersigned CONTRACTOR certifies that (1) title to 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; (2) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (3) the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: " Dated State of By: CONTRACTOR County of Subscribed and sworn to before me this day of Notary Public My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ENGINEER EJCDC No. C -700-E (2002 Edition) U Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute. 00800-29 APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor. R. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.05.6.3 and 2.07 of the General Conditions, should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. however, the required accompanying documentation is usually more extensive for final payment. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; accompanying documentation should be identified in the space provided on the form. All C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien Waivers, should be reviews by an attorney, and Engineer should so advise Owner. 00800-30 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT Brine Line Conversion To A Potable Water Main — 77th Street DATE OF ISSUANCE OWNER Indinn Rivcr (`--4.. OWNER's Contract No. SBS Project No. 08-091 CONTRACTOR ENGINEER Schulke Bittle &Stoddard LLC This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To And To OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the contract Documents on DATE OF SUBSTANTIAL COMPLETION A_tentative-list of- items- 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 Substantial Completion. Days of the above date of EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-31 From the date of Substantial Completion, the responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: RESPONSIBILITIES: 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 By: ENGINEER (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ -CONTRACTOR OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: (Authorized Signature) 00800-32 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that (Company Name) The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. for all in consideration of paid to (Total Amount of Contract) dollars ($ 1 by receipt of which is hereby acknowledged, (Me/Us) do (I/We)hereby release and quit claim to the OWNER, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which now have or might have against the property, building, and/ or (I/We) for any incidental expense for the construction of (Project Number) Brine Line Conversion To A Potable Water Main — 77th Street (Project Name) thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF I have hereunto set my hand and seal this day of 20— By WITNESS: Title (SEAL) 00800-33 IF (This Page Intentionally Left Blank) 00800-34 DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE GENERAL Resident Project Representative is ENGINEER'S Agent, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. 2. DUTIES AND RESPONSIBILITIES Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: 4. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. 5. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 6. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 7. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work_is _proceeding_in accordance _with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 00800-35 C. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. 8. Interpretation of Contract Documents: Transmit to CONTRACTOR engineer's clarifications and interpretations of the Contract Documents. 9. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 10. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all Addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as the case of observing test procedures. Send copies to ENGINEER. C. Record names, addresses and telephone numbers of all contractors, Subcontractors and major suppliers of materials and equipment. 11. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. C. Report immediately to ENGINEER upon the occurrence of any accident. 12. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations._to_ ENGNEER,_pating__particularl_y__ their -relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 13. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 00800-36 14. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. C. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER'S authority as set forth in the Contract Documents. 3.- Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractors or CONTRACTOR'S superintendent, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. *END OF SECTION* 00800-37 (This Page Intentionally Left Blank) 00800-38 DIVISION 1 GENERAL REQUIREMENTS PART 1 -- GENERAL 1.01 LOCATION OF WORK The Brine Line main is located on 77th St., and runs from the North County RO WTP, east along 77th St., then runs north on Old Dixie Hwy, east and then north from 84th St to Sunset Ave, then east on CR510 to the Indian River Lagoon, where it discharges into the Lagoon. The proposal herein includes converting only the first 1150 ft east of the WTP along 77th St.. The main will be connected to an existing 30" water main on 58th Ave, at the intersection of 58th Ave and 77th St. 1.02 DESCRIPTION OF WORK IRCDUS proposes to convert approximately 1150 ft. of a 16" diameter Brine Line Transmission main to a Domestic Water Use Transmission and Distribution main. The Brine Line main is located on 77th St., and runs from the North County ROWTP, east along 77th St., then runs north on Old Dixie Hwy, east and then north from 84th St to Sunset Ave, then east on CR510 to the Indian River Lagoon, where it discharges into the Lagoon. The proposal herein includes converting only the first 1150 ft east of the WTP along 77th St. The main will be connected to an existing 30" water main on 58th Ave, at the intersection of 58th Ave and 77th St. The contract also requires the converted utility main to be cleaned, pressure tested, disinfected, and tested for contaminants (chemical, viral, biological), and also requires the construction of: • Connection to an existing 30" potable water main (30" x 16" tapping sleeve and 16" valve) • Directional bore 88 LF of 16" HDPE water main beneath 58th Avenue • Construction of approximately 67 LF of new 16" PVC potable water main • Construction of two (2) fire hydrant assemblies The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe with fittings and all appurtenances; valves, fire hydrant assemblies; wet taps; restrainers; air release valves; line stops; soil compaction; 01000 Summary Of Work.doc ninnn - i ,4 disinfection; testing; (including providing temporary jumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (sod); and traffic control. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable * * END OF SECTION * * 01000 Summary Of Work.doc ninnn _ SECTION 01025 MEASUREMENT AND PAYMENT PART 1— GENERAL 1.01 GENERAL Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, dewatering, M.O.T., backfilling, grading restoration, grassing, paving, testing (leakage, pressure, bacteriological sample points, soil compaction/density), or other incidental items of work not shown in the Agreement. 1.02 EQUIPMENT AND MATERIALS IN STORAGE Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will not be made. 1.03 MEASUREMENT A. Mobilization: Measurement shall be on a lump sum basis, and shall be limited to the following maximum amounts: ORIGINAL CONTRACT AMOUNT ISI_ MAXIMUM_AMDllNI OF ROM MORE THAN TO AND INCLUDING ITEM FOR MOBILIZATION 0 100,000 3,000 100,000 500,000 15,000 500,000 1,000,000 30,000 1,000,000 2,000,000 60,000 2,000,000 3,000,000 90,000 3,000,000 4,000,000 120,000 4,000,000 5,000,000 125,000 5,000,000 6,000,000 150,000 6,000,000 7,000,000 175,000 7,000,000 10,000,000 200,000 10,000,000 ------------- 250,000 Should the lump sum price bid for the item Mobilization exceed the maximum permissible amount for this item, as specified herein, the bid price will be reduced to the maximum permissible amount, and the reduced price will be used in correctly determining the total price for comparison of bids received. The cost of video - taping the pre -construction condition shall be included in the lump -sum cost of mobilization. B. Pipe: Measurement of pipe shall be computed using linear feet, as measured along the centerline of the pipe installed (Except when included in lump sum bid items- i.e.; Aerial crossing). No deduction will be made for the length of valves and fittings installed in the line. Where the measurement terminates at a valve, bend, tee, or 01025-1 other fitting, the centerline of the valve or fitting shall be the point of termination. All required clearing, excavation, backfill, compaction, all restoration and replacement, M.O.T., paving, grading, density testing, pressure and BAC -T testing, pipe lining, coating, encasement material, restraining devices, and all mechanical joint fittings and thrust blocks shall be included in the unit price bid for the utility main. C. Fittings: The cost of all cast iron and ductile iron fittings and bolts, glands, restainers (megalugs), etc) shall be included in the unit price bid for the utility main. D. Gate Valves, air release valves, Tapping Sleeve and Valves, line stops and Other Miscellaneous Appurtenances: Measurement shall be on the basis of furnishing and installing each type and size of appurtenance required, including valve boxes, covers, and other associated items. (Except when included in lump sum bid items — eg; aerial crossing, directional bore, fire hydrant assembly, Connect to Existing) E. HDPE Horizontal Directional Bore: Measurement of HDPE horizontal directional bore shall be computed using linear feet, as measured above ground prior to pulling, and deducting the length of pipe cut off after the pull and shall include all material (including HDPE pipe), equipment, supplies, fuel, labor, sheeting and bracing, receiving and boring pits (if required), excavation, dewatering, backfilling, compaction, mechanical fittings, all adaptors, fusion welding of adaptors and pipe, restoration, furnishing and installation of the HDPE pipe. Payments shall be based on a linear foot price for the directional bore length as measured as specified above. F. Fire Hydrant Assembly: Measurement of fire hydrant assembly shall be for the actual number constructed in accordance with the Plans and Specifications, or as directed by the Engineer, at the unit price bid for the item "Fire Hydrant Assembly," scheduled in the Form of Proposal. The unit price for "Fire Hydrant Assembly" shall include cutting bituminous paving, removal of paving courses and curb if required, excavations, furnishing and installation of 10' + (6") D.I.P. water main, dry -barrel traffic hydrant, concrete foundations for hydrant, fittings, one (1) 6" diameter gate valve, concrete thrust block (reaction backing) for fire hydrant, backfill, minor swale or shoulder right-of-way grading and sodding (per plans), blue reflective markers, all materials, equipment, labor and all else necessary therefore and incidental thereto. G. Water Service - (New): Measurement of water service lateral shall be for the actual number constructed in accordance with the plans and specifications, or as directed by the Engineer, at the unit price bid for each item "Water Service", and shall include furnishing and construction of piping and appurtenances to carry and distribute water from the water main to the edge of the Right -of -Way for future service to individual property owners. The work shall include, but shall not be limited to, cutting of existing pavement where required, jack and bore of existing pavement where required, excavation, installation (of pipe, meter boxes, connections and associated appurtenances), backfilling, testing, disinfection, and all restoration in kind. The services shall be of a type and size specified, and shall be constructed in accordance with these Plans and Specification, or as directed by the Engineer. 01025-2 H. Concrete Encasement: Measurement of "Concrete Encasement" shall be on the basis of each pipe encased in concrete, and shall include the excavation, temporary shoring, placing of concrete around the pipe, backfill, compaction, restoration of surface, and all else incidental thereto. The concrete encasement shall include the number of cubic yards of concrete installed, based on a maximum allowable quantity of concrete, as follows: Pipe Size (Inches) Max. Concrete for Encasement (CY/LF of Pipe) 6 0.09 8 0.10 10 0.11 12 0.12 Concrete Sidewalk and Driveway Replacement: Shall include sidewalk and/or driveway removed and replaced as a result of Contractor's operations. Minimum widths of replacement shall be as described in specifications or as shown on the plans. No separate payment will be made for concrete construction, including saw cutting, excavation, formwork, reinforcing, or other work or materials required in connection with concrete construction. The cost of all concrete sidewalk and driveway replacement shall be included in the unit price bid for the utility main. K. Asphaltic Pavement Replacement: Shall include asphalt removed and replaced as a result of Contractor's operations. Minimum width of replacement shall be as described in the specifications or as shown on the plans. Work shall include saw cutting, disposal of demo'd asphalt, and construction of the surface course, base, subgrade materials, and pavement markings, testing and all else incidental thereto. The cost of all asphaltic pavement replacement shall be included in the unit cost bid for the utility main. L. Unimproved Driveway Replacement: Shall include (dirt, marl, shell, or gravel) driveway replacement/reconstruction removed and replaced as a result of the construction operations. Work shall include subgrade and surface (shell, marl, gravel) materials, compaction, density testing, etc. Unimproved driveway replacement shall be included in the unit cost bid for the utility main. M. Grassing: Shall include grassing (sod) along the water main pipe, of all grassed areas disturbed and restored as a result of Contractor's operations. The entire width of the disturbed area shall be grassed. The work shall include all necessary grading, soil preparation, sodding, fertilizer, mulch, and irrigation. Grassing shall be included in the unit price bid for the utility main. N. Connect to Existing: Measurement of "Connect to Existing" shall include the installation / connection of the new or replacement utility main to the existing utility main, and shall include the cost of the "Tapping Sleeve and Valve" when depicted or called for in the plans and listed and included in the bid item, and for all additional work and materials required for the connection including excavation and '93toym location of existing utilities, removal of fittings, restraint of existing pipe and fittings, connection to the existing utility, disinfection and flushing of the utility, testing (pressure, bac-t, soil compaction, as applicable), installation of temporary jumper and all other necessary work required to make a connection. When a separate bid item (or items) "Connect to Existing" is listed in the bid form, then the above described work shall be computed as a lump sum cost_ for the installation / connection of the new or replacement utility main to the existing utility main, at each location depicted in the plans and listed in the bid form. When a separate bid item "Connect to Existing" is not listed in the bid form, then the above described work shall be included in the unit price bid for that portion of the utility main construction within the project that is benefitting from the connection. (The adjacent connected main). 0. Temporary Jumper Connection: shall include the installation/connection to an v existing utility main, operation for its intended purpose, and upon project clearance, removal of the temporary jumper connection, at the locations specified in the plans. s "Temporary Jumper Connection" shall be included in the unit price bid for the construction of the utility main except when an alternative bid item "Connect to Existing" is provided, in which case, the cost shall then be included within the bid item for "Connect to Existing". In no case will there be a separate payment made for the installation of a "Temporary Jumper Connection". P. Construction Stake -Out: Measurement of construction stake -out shall include be computed as a lump sum item, for all required construction stake -out, including: layout and survey of the proposed construction, setting of stakes as required, necessary computations to establish the exact position of the work, establish reference to baselines, and provide and maintain off -set stakes outside the limits of construction and marked to show offset distance. Construction stakeout shGu-be Q. Record Drawings/As-built Survey: Measurement of record drawings/as-built survey shall ode be computed as a lump sum item, for the preparation of "As -built Drawings", including field survey, drawing preparation in "ACRD", with ties to state plan coordinates, all in accordance with IRCUDS water and wastewater utility standards. The as -built drawings shall be provided certified by a licensed and registered land surveyor. Record QFewing&l^" Built s„ -vet's h n be • l a d in th R. "Remove" and or "Abandon & Grout" Existing Utilities: The measurement of the "Remove" and/or "Abandonment and Grout" of utility infrastructure shall be computed using linear foot, as measured along the centerline of the pipe "Removed" or "Abandoned and Grouted" and shall include but not be limited to the complete removal of the utility; or the abandonment and fully grouting of the utility mains together with the removal of portions of the utility infrastructure; and all excavation, backfilling, restoration, M.O.T., and all else necessary. 01025-4 Fire hydrants shall be removed to the valve, and the utility main behind the valve shall be fully grouted to the valve. All above ground markers (i.e.: RPM's) shall be removed. Valves abandoned in place shall have the utility mains on both sides fully grouted, and the valve box, cement pad, and any above ground markers shall be removed. At points of conflict with proposed FDOT drainage infrastructures, as depicted on the plans, a minimum of 20 ft. of the utility main shall be cut and removed. When utility mains are abandoned and grouted, the contractor shall make, at its expense, any additional excavations and cut/removal of sections of pipe that are necessary for grout pumping, considering the pumping limitations of the pressure grouting procedure to fully grout the entire utility main. The contractor shall provide inspection points along the length of the main, not to exceed 300 ft. on center or 300 ft. maximum from the pump location, where the pipe shall be excavated, exposed and a hole sawn or drilled for inspection to ensure the grout has filled the entire length of pipe. M.O.T. per applicable FDOT Index Numbers (600 Series) shall be provided at all times for the duration of this work. At locations where the utility is to be removed under existing pavement or at inspection locations under existing pavement, the replacement of embankment, base, asphalt, pavement markings, etc. is to be included in this work. S. Cleaning / Testing Existing Utility Main: Shall be a lump sum bid item, and shall include the complete cleaning and disinfection of the utility main in accordance with the construction plans and specifications, including specifications in Division 2, Sections 02001 and 02002, and the work shall generally include, but is not limited to: Poly pig cleaning system; including the installation of pig launching facilities (valves, fittings, flow and pressure controls / regulations); poly pig trapping piping assembly (fittings, flow and pressure controls / regulations, flow and pressure monitors); a means to connect and subsequently disconnect the launching assembly and trapping assembly from the utility system; a consultant for implementation and surveillance of the systems, including preparation of a "cleaning plan", record of the pre and post cleaning testing, record of pigs and other procedures utilized, record of all other pertinent information which has been entered into the piping and that which has exited the piping; all flushing assemblies and containment and disposal of flushed / reject water. This work shall also include: all required testing of the utility main, brine water, Potable water, including pipe wall scale constituents, brine constituents, bacteriological testing; all necessary disinfection procedures; all additional testing procedures and conditions of the FDEP permit; all necessary coordination with the utility contractor (if a separate contractor is retained as either the prime or as a subcontractor of the cleaning contractor) — this requirement shall include ensuring 01025-5 all incidental work necessary by all the contractors is completed in a coordinated fashion and to ensure all cleaning methods are completed. T. Allotment (10%): The Bid Item "Allotment" shall not include the cost of providing, furnishing, installing or constructing any part of the proposed work depicted in the plans, or schedule of bid items. The allotment item shall be calculated as a lump sum item, and shall be calculated as 10% of the total (sum) of the price of all other bid items. The Allotment Amount is reserved for payment to CONTRACTOR for unforeseen circumstances or requirements in the work. The payment of all or part of this bid item is entirely at IRCDUS Engineer's discretion. There is no obligation for payment of any portion of the bid item to the CONTRACTOR. PAYMENT Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto. 1.05 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY Where pavement, trees, shrubbery, fences, or other property or surface structures not designated as pay items have been damaged, removed, or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances, or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Engineer. ** END OF SECTION ** 01025-6 SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 -- GENERAL 1.01 PERMITS REQUIRED A. Florida Department of Environmental Protection: The required general permit from the Florida Department of Environmental Protection (FDEP) for the project will be obtained by Indian River County Department of Utility Services prior to commencement of construction. N B. INDIAN RIVER COUNTY: The Contractor, along with the Utilities Department, must obtain right-of-way permit(s) from the Indian River County Public Works Department and the FDOT prior to initiating construction. It typically requires three to six weeks processing time to receive a right-of-way permit. There is no processing fee for the permit. One set of construction plans must be submitted along with a permit application to the Indian River County Engineering Division. 'd Some of the conditions of the County right-of-way permits are as follows: 1. Applicant shall not begin construction of any kind in the County right-of- way prior to application and issuance of a valid permit by the Indian River County Engineering Division. 2. Any area disturbed in the County right-of-way must be restored by applicant to a condition equal to or better than existing just prior to construction, including but not limited to compaction, grading, paving, seeding and mulching, sodding, etc., as the case may be. The quality of construction, materials, and workmanship shall be in accordance with County standards. All disturbed areas shall be restored within 48 hours after excavation. 3. Applicant shall notify the Indian River County Engineering Division at least 48 hours prior to the placement of concrete, paving of asphalt, installation of culverts, or backfilling of trenches, so that the Indian River County Engineering Division may inspect installations as necessary. Applicant shall further notify the Indian River County Engineering Division in writing of its request for final inspection and approval at the completion of the permitted activity. 4. The applicant shall assume responsibility for all maintenance, replacement, or removal of any right-of-way improvement authorized by this permit; and applicant further agrees by acceptance of this permit to indemnify and save harmless the County, its officers, employees, or agents, from any damages, claims, causes of action, or losses, whether for personal injury, loss of life or property damage, arising from the actions or omissions of applicant, its officers, agents, or employees, associated with the placement, maintenance or removal of installations authorized by this permit. 1060-1 S• The applicant agrees to use all reasonable care under the given circumstances to assure that members of the traveling public are not unreasonably inconvenienced nor endangered by the activities conducted hereunder, including the use of reflectorized barriers, warning signals, flagmen, or other prudent measures. 6. The validity of this permit is contingent upon applicant obtaining necessary permits from any other agencies having jurisdiction. Issuance of this permit does not relieve applicant of liability for trespass to private property. 7. This permit shall be considered a license only, for the limited purpose of installation, placement, and maintenance of the improvements specified on the face hereof, and does not convey any other right, title, or interest of the County in the subject right-of-way property. 8. Applicant agrees to remove or alter such installations without objection or cost to the County as the County may direct, at any time and within a reasonable time after receipt of direction by the County Engineer or his authorized representative. 9. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such installations, and shall coordinate construction with all other lawful users of said right-of-way. Applicant shall be liable in every manner for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 10. In cases where a concrete driveway is to extend to a paved road, that portion of the driveway from property line to the edge of the road pavement shall be a minimum thickness of six (6) inches. If the road is unpaved, the concrete/asphalt driveway shall not extend beyond the property line. C. Indian River Farms Water Control District: If needed, a permit from the Drainage District to cross any canals will be obtained by the Utilities Department. D. Other Permits Required: The Contractor is responsible for obtaining any discharge permits that may be required by local drainage districts, and for Consumptive Use Permit from the SJRWMD for construction dewatering activities and for a "Generic Permit for the Discharge of Produced Groundwater From Any Non - Contaminated Site Activity" from the FDEP and a "General Permit for Stormwater Discharge from Construction Activities" (NOI) from the FDEP. E. The contractor is required to provide S.W.P.P.P. inspections in accordance with the F.D.E.P. N.O.I. permit conditions. This will include weekly reports, reports after certain rainfall events, and turbidity testing of all receiving waters. An inspector with appropriate qualifications shall provide the reports, testing, certification 1060-2 from the FDEP Inspection reports shall be kept on the job site, and copies shall be submitted monthly to the engineer. 1.02 NOTIFICATION A. Indian River County: The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction (Larry Brown, 772- 226-1827). The Contractor is required to notify the Indian River County Road and Bridge Department 72 hours prior to blocking any county roads or detouring any traffic (Jim Davis, P.E., 772-567-8000, Extension 1245) and the FDOT Maintenance Engineer in Fort Pierce. B. Utility Companies: Contractor shall notify the following known utility companies in the area 48 hours prior to initiating construction: SUNSHINE LOCATES (800) 432-4770 Southern Bell Telephone, Bill Moore, (772) 468-5538 Comcast, Craig Bowers, (772) 567-3444 Ext. 51 FP&L, Paul Hess, (772) 337-7002 City Gas Company, Glen "Bock" Kreinhagen, (561) 871-2552 ext.23 Florida Gas & Transmission, Cecil Walker, (321) 288-8839 C. The Contractor shall give the Engineer not less than seven (7) calendar days notice of the time and place (or places) where he will start the work. D. When the Contractor's excavating operations encounter prehistoric remains or artifacts of historical or archeological significance, the operations shall be temporarily discontinued in that area and the Engineer shall be notified. The Engineer will consult archaeological authorities and determine the disposition of the remains or artifacts. The Contractor agrees that he will make no claim for additional payment or for extension of time because of any delays in or alteration of his procedure due to removal of any such remains or artifacts. PART 2 - PRODUCTS Not applicable PART 3 - EXECUTION Not applicable ** END OF SECTION ** 1060-3 SECTION 01090 PART 1 -- GENERAL REFERENCE STANDARDS 1.01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards. 1.02 QUALITY ASSURANCE A. Application: When a standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents or applicable codes establish stricter standards. B. Publication Date: The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified. 1.03 ABBREVIATIONS, NAMES, AND ADDRESSES OR ORGANIZATIONS A. Obtain copies of reference standards direct from publication source, when needed for proper performance of work, or when required for submittal by Contract Documents. B. The following, as appropriate to project, is is list of referenced standards and their mailing addresses for requesting copies of standards: AA Aluminum Association 818 Connecticut Avenue, NW Washington, D.C. 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D.C. 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, D.C. 20001 ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 48219 ADC Air Diffusion council 435 North Michigan Avenue Chicago, IL 60611 01 n90 -1 Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 100016`h Street, NW Washington, D.C., 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 47`h Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 47`h Street New York, NY 10017 ASPA American Sod Producers' Association Association Building Ninth and Minnesota Hastings, NE 68901 ASSE American Society of Sanitary Engineers 960 Illuminating Building Cleveland, OH 44113 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206 AWPA American Wood -Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 mnan.,> AWS American Welding Society r 2501 NW 7`h Street Miami, FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA Copper Development Association 57`h Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue Washington, D.C. 20036 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago, IL 60601 FDOT Florida Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32301 FM Factory Mutual System 1151 Boston -Providence Turnpike Norwood, MA 02062 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, D.C. 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201 MFMA Maple Flooring Manufacturers Association 2400 East Devon, Suite 205 Des Plaines, IL 60018 MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLSFA Metal Lath / Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 01090-3 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna, VA 22180 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington, D.C. 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston, MA 02210 NFPA National Forest Products Association 1619 Massachusetts Avenue, NW Washington, D.C. 20036 NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis, TN 38103 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWIVIA National Solid Waste Management Association 1120 Connecticut Avenue, NW Washington, D.C. 20036 NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines, IL 60018 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 PS Product Standard U.S. Department of Commerce Washington, D.C. 20203 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515116 th Avenue Bellevue, WA 98004 01090-4 SDI Steel Deck Institute Box 3812 St. Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland, OH 44107 SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago, IL 60601 SJI Steel Joint Institute 1703 Parham Road, Suite 204 Richmond, VA 23229 SMACNA Sheet Metal and Air Conditioning Contractors National Association 8224 Old Courthouse Road Vienna, VA 22180 TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington, D.C. 20036 TCA Tile Council of America, Inc. Box 326 Princeton, NJ 08540 UL Underwriters Laboratories, Inc. 333 Kingston Road Northbrook, IL 60062 PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable ** END OF SECTION ** 01090-5 SECTION 01152 APPLICATIONS FOR PAYMENT PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED Submit Applications for Payment to Engineer in accordance with the schedule established by Conditions of the contract and Agreement between Owner and Contractor. 1.02 RELATED REQUIREMENTS A. In other parts of the Construction Documents: 1. Agreement between Owner and Contractor 2. General Conditions of the Contract 3. Article 14 — Payments to Contractor and Completion B. Specified in Other Sections: 1. Section 01000: Summary of Work 2. Section 01700: Contract Closeout 1.03 FORMAT AND DATA REQUIRED A. Submit itemized applications typed in a format approved by Engineer. All applications for payment must be numbered, dated, and signed by the Contractor., B. Provide itemized data on payment application (format, schedules, line items and values accepted by Engineer). 1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal of application 2. Fill in summary of dollar values , 3. Execute certification with the signature of a responsible officer of the contract firm 4. Have resident project representative review and sign application prior to submission to Engineer 01152-1 1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1. Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products: a. Item number and identification b. Description of specific material B. Submit one copy of data and cover letter for each copy of application. 1.06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Application for payment is required for progress payments B. Only one application will be acceptable in any one month 1.07 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the time stipulated in the Agreement B. Number: Four copies of each progress Application B. When Engineer finds the Application properly completed and correct, he will transmit the applications for payment to the Owner PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01152-2 SECTION 01153 CHANGE ORDER PROCEDURES PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDE A. Promptly implement Change Order Procedures 1. Provide full written data required to evaluate changes. 2. Maintain detailed records of work .done on a time-and-material/force account basis. 3. Provide full documentation to Engineer on request. B. Designate in writing the member of Contractor's organization: 1. Who is authorized to accept changes in the Work 2. Who is responsible for informing others in the contractor's employ of the authorization of changes in the Work. C. Owner will designate in writing the person who is authorized to execute Change Orders. 1.02 RELATED REQUIREMENTS A. The amount of established unit prices. B. Conditions of the Contract: 1. Methods of determining cost or credit to owner resulting from changes in Work made on a time -and -materials basis. 2. Contractor's claims for additional costs. C. Section 01152: Applications for payment. D. Section 01311: Construction schedules. E. Section 00300: Bid Form F. Section 01720: Project Record Documents. 1.03 DEFINITIONS A. Change Order: See General Conditions 01153-1 1.04 PRELIMINARY PROCEDURES A. Owner or Engineer may initiate changes by submitting a proposal Request to Contractor. Request will include the following: 1. Detailed description of the Change, Products, and location of the change in the Project. 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. B• Contractor may initiate changes by submitting a written notice to Engineer, containing: 1. Description of the proposed changes 2. Statement of the reason for making the changes. 3. Statement of the effect on the Contract Sum and the Contract Time. 4. Statement of the effect on the work of separate contractors. S. Documentation supporting any changes in Contract Sum or Contract Time, as appropriate. 1.05 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request, Engineer may issue a "Work Directive Change" for Contractor to proceed with a change for subsequent inclusion in a Change Order. B• Authorization will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. C• Owner and Engineer will sign and date the Work Directive Change as authorization for the Contractor to proceed with the Changes. 1.06 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow Engineer to evaluate the quotation. B• On request, provide additional data to support time and cost computation including the following: 01153-2 1. Labor required. 2. Equipment required. 3. Products required: a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance bonds. 5. Credit for work deleted from Contract, similarly documented. 6. Overhead and profit. 7. Justification for any change in Contract Time. C. Support each claim for additional costs, and for work done on a time -and - material / force account basis, with documentation as required for a lump sum proposal, plus the following additional information: 1. Name of the Owner's authorization agent who ordered the work, and date of the order. 2. Dates and time work performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a• Equipment used, listing dates and times of use. b. Products used, listing quantities. c• Subcontracts. D. Document requests for substitutions for Products as specified in Section 01600. 1.07 PREPARATION OF CHANGE ORDERS A. Engineer will prepare each Change Order. B. Form: Change Order format provided in the Contract Documents. C• Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time. 1.08 LUMP SUM / FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on either: 1. Engineer's Proposal Request and Contractor's responsible Proposal as mutually agreed upon between Owner and Contractor. 2. Contractor's Proposal for a change, as recommended by Engineer. B. Owner and Engineer will sign and date the Change Order as authorization for the contractor to proceed with the changes. C• Contractor shall sign and date the Change Order to indicate agreement with the terms therein. 01153-3 1.09 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on, either: 1. Engineer definition of the scope of the required changes. 2. Contractor's Proposal for a change, as recommended by Engineer. 3. Survey of completed work B. The amount of the unit prices shall be: 1. Those stated in the Agreement. 2. Those mutually agreed upon between Owner and Contractor. C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. Owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. Engineer or Owner will issue a Change Order directing Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, Engineer will determine the cost of such work based on the unit prices and quantities used. a• Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3. Engineer will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein. 1.10 TIME AND MATERIAL / FORCE ACCOUNT CHANGE ORDER / CONSTRUCTION AUTHORIZATION A. Engineer and owner will issue a Work Directive Change directing Contractor to Proceed with the changes on a time -and -material / force account basis. B. At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this section. C. Engineer will determine the allowable cost of such work, as provided in General Conditions and Supplementary Condition. 01153-4 D. Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. E. Owner and Contractor will sign and date the Change Order to indicate their agreement therein. 1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum, B. Contractor shall periodically revise the Construction Schedule to reflect each change in Contract Time. i Revise sub -schedules to show changes for other items of work affected by the changes. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable ** END OF SECTION ** 01153-5 SECTION 01201 PRE -CONSTRUCTION CONFERENCE PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Engineer shall schedule and administer the preconstruction conference and shall perform the following duties: I. Prepare agenda for meeting. 2. Give notice of meeting three days in advance of meeting date. 3. Make physical arrangements for meeting. 4. Preside at meeting. 5. Record the minutes, which shall include all significant proceedings and d ecisions. 6. Reproduce and distribute copies of minutes within fifteen (15) working days after meeting. Minutes shall be distributed to all participants in the meeting and to all parties affected by decisions made at the meeting. 1.02 RELATED REQUIREMENTS A. Section 01000: Summary of Work. B. Section 01311: Construction Schedule. C. Section 01340: Shop Drawings, Product Data and Samples. D. Section 01720: Project Record Documents. 1.03 PRECONSTRUCTION CONFERENCE A. Engineer will schedule meeting with Contractor, Owner and other affected parties. B. Location of the preconstruction meeting: The project site or a nearby office to be selected by Owner/Engineer. C. Attendance: 1. Owner/Owner's representative. 2. Engineer/Engineer's representative and his professional consultant. 3• Contractor/Contractor's superintendent. 4. Local utilities representatives. S. Local government agencies representative. 01201 -1 D. Agenda: 1. Record of Attendance. 2. .Project Summary Description. 3• Local Utilities to be affected. a• Water lines b. Sewer lines C. Gas lines d. Telephone lines e. Cable TV lines f. Electric lines g• Highways h• Railroads 4. Contractor Responsibilities: a• Start date b. Completion date C. Liquidated damages d• Contract amount e. Work schedule f. Space utilization g• Rights -of -Way occupancy h. Progress Payment Application 1• As-Builts (Records/Drawings) 1 Photographs k. Shop drawings 1. Subcontractors M. Project coordination n. Guarantee, Warranties, Maintenance Manuals 5. Owner Responsibilities: a• Property and right-of-way purchase b• Monthly meetings C. Special meetings d. Partial and final payment e. Change Orders f. Periodic site visits g• Public announcements and public relations h. Project acceptance 6. Engineer Responsibilities: a• Technical representative of Owner 01201 -2 ** END OF SECTION ** 01201 -3 b• Interpreter of contract documents C. Periodic inspections of job progress d• Reviews partial and final payment applications e• Prepares Change Orders f• Checks and approves shop drawings g• Reviews record drawings h. Performs final inspection and issues certificate of completion 7. Resident Inspector Responsibilities: a• b• Engineer's and Owner's representative on site Review materials and work and reports any deficiencies to Engineer C. Reviews applications for payment d• Works with Contractor on public notification of work items e• Attends progress meetings f• Observes testing work g• Maintains daily diary of work tasks h• Furnishes reports to Engineer as deemed advisable PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable ** END OF SECTION ** 01201 -3 SECTION 01311 CONSTRUCTION SCHEDULES PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly after award of the Contract, Contractor shall prepare and submit to the Engineer estimated construction progress for the Work, with sub -schedules of related activities which are essential to its progress. B. Coordinate the work and scheduling with and around other contractors and individual trades performing work on the Project. C. Submit revised progress schedules with each application for payment. D. Progress Schedule shall become part of Contract Documents after approval by Engineer. 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. General Conditions: a. Articles 2 and 6 — Schedules, Reports, and Records b. Sections 6.1 and 6.2 — Supervision by Contractor C. Article 15 — Supervision of Work, Termination, and Delay B. Specified in other sections: 1. Section 01000: Summary of Work 2. Section 01201: Preconstruction Conference 3. Section 01340: Shop Drawings, Product Data, and Samples 1.03 FORM OF SCHEDULES A. Prepare schedules in the form of a horizontal bar chart as follows: 1. Provide separate horizontal bar for each trade or operation 2. Horizontal time scale: Identify the first work day of each week. 3. Scale and spacing: To allow space for notations and future revisions. 4. Minimum sheet size: 11" x 17" 01311 - 1 B. Format of listings: The chronological order of the start of each item of work. C. Identification of listings: By major specification section numbers. 1.04 CONTENT OF SCHEDULES A. Construction Progress Schedule shall: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning and completion of each major element of construction; specifically list: a. Subcontractor work b• Utility construction C. Restoration 3. Show projected percentage of completion for each item, as of the first day of each month. LOS PROGRESS REVISIONS A. Indicate progress of each activity to date of submission B. Show changes occurring since previous submission of Schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended, and its effect. 3. The effect of changes on schedules of other prime contractors. 1.06 SUBMISSIONS A. Submit initial schedules within ten (10) days after award of Contract; Engineer will review schedules for information only. B. Submit revised progress schedules with each application for payment. 01311 -2 1.06 PART 2 -- PART 3 -- C• Submit the number of opaque reproductions which the Contractor requires, plus two (2) additional copies; one for Owner and one for Engineer. DISTRIBUTION A. Distribute copies of approved schedules to: 1• Job site file 2. Subcontractors 3. Other concerned parties B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule. PRODUCTS Not Applicable EXECUTION Not Applicable ** END OF SECTION ** 01311 -3 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Shop Drawings, Product Data, Samples and Certificates required by the Contract Documents. B. Review and approval by Contractor of submitted material. 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. Definitions and Additional Responsibilities of Parties: a. General Conditions of the Contract (1) Sections 6.23 — 6.28: Shop Drawings B. Specified in other sections: 1• Section 01311: Construction Schedules. 2. Section 01720: Record Documents C. Designate in the construction schedule, or in separate coordinated schedule, the dates for the submission and the dates that reviewed Shop Drawings, Product Data and Samples will be needed. 1.03 SHOP DRAWINGS A. Drawings shall be presented in a clear and thorough manner. 1. Details shall be identified by reference to sheet and detail of schedule shown on Contract Drawings. B. Minimum sheet size: Manufacturer's standard; adequate to clearly illustrate. 01340 Shop Drawings, Product Data and Samples.doc 01340-1 1.04 PRODUCT DATA A. Preparation: 1. Clearly mark each copy to identify applicable products, models, options, and other data. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 4. Show wiring or piping diagrams and controls. B. Manufacturer's standard schematic drawings and diagrams: 1• Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 3. Include manufacturer's installation instructions when required by the Specifications Section. 1.05 SAMPLES A• Office Samples: Limit to items requiring color, pattern and similar selections and shall be sufficient size and quantity to clearly illustrate: 1. Full range of color, texture and pattern 2. Submit samples for selection of finishes within sixty (60) days after date of Agreement, or when directed by Engineer. B. Field Samples and Mock-ups: 1• Functional characteristics of the product, with integrally -related Parts and attachment devices. 2. Contractor shall erect, at the Project Site, at a location acceptable to the Engineer 3. Size of Area: that specified in the respective specification section. 4. Fabricate each sample and mockup complete and finished. 5. Include identification on each sample, giving full information. 6• Remove samples at conclusion of Work, or when acceptable to the Engineer. 01340 Shop Drawings, Product Data and Samples.doc 01340-2 1.06 MANUFACTURER'S CERTIFICATES A. Submit Certificates, in duplicate, in accordance with requirements of each specification section. 1.07 CONTRACTOR RESPONSIBILITIES A. Review Shop Drawings, Product Data and samples prior to submission. B. Determine and verify: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with specifications C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Notify the Engineer in writing at the time of submission of ANY AND ALL DEVIATIONS in the submittals from requirements of the Contract Documents. All of the Contractor's comments and notations shall be in red ink. E. Begin no fabrication of work which requires submittals until return of submittals with Engineer's approval. 1.08 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the work of any other Contractor. B. Number of submittals required: 1. Shop Drawings: Submit the number of opaque reproductions which the contractor requires, plus four (4) copies which will be retained by the Engineer. 2. Product Data: Submit the number of copies which the Contractor requires, plus four (4) which will be retained by the Engineer. 3. Samples: Submit the number stated in each specification section. C. Submittals shall contain: 01340 Shop Drawings, Product Data and Samples.doc 01340-3 1. The date of submission and the dates of any previous submissions. 2. The project title and number 3. Contract identification 4. The name of: a. Contractor b. Supplier C. Manufacturer 5. Identification of the project, with specification section number. 6. Field dimensions, clearly identified as such. 7. Relation to adjacent or critical features of the Work or materials. 8. Applicable standards, such as ASTM or Federal Specification numbers. 9. Identification of deviations from Contract Documents 10. Identification of revisions on resub�inittals. 11. An 8" x 3" blank space for Contractor and Engineer stamps 12. Contractor's stamp or review and approval, initialed or signed, certifying to review of initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the work and of Contract Documents. 1.09 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Engineer and resubmit until approved. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. C. Samples: Submit new samples as required for initial submittal. 1.10 DISTRIBUTION A. Distribute reproductions of Shop Drawings and copies of Product Data which carry the Engineer's stamp or review to: 1. Job site file. 2. Record Documents file. 3. Other affected contractors 01340 Shop Drawings, Product Data and Samples.doc 01340-4 e 4. Subcontractors 5. Supplier or fabricator B. Distribute samples which carry the Engineer's stamp of approval as directed by the Engineer. Z.11 ENGINEER'S DUTIES A. Review submittals with reasonable promptness and in accordance with schedule. B. Affix stamp and initials / signature, and indicate requirements for resubmittal, or review without comments of submittal. All of Engineer's comments shall be made in green ink. C. Return submittals to Contractor for distribution, or for resubmission. PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable ** END OF SECTION ** 01340-5 01340 Shop Drawings, Product Data and Samples.doc 11 SECTION 01381 AUDIO-VISUAL DOCUMENTATION PART 1 -- GENERAL 1.01 DESCRIPTION OF WORK Prior to commencing the Work, the Contractor shall have a continuous color audio -video tape recording taken along the entire length of the Project to serve as a record of preconstruction conditions. The preconstruction Swale elevations shall be recorded at 100' intervals. 1.02 APPROVAL No construction shall begin prior to review and acceptance of the tapes covering the construction area by the Engineer. The Engineer shall have the authority to reject all or any portion of a videotape not conforming to specifications and order that it be redone at no additional charge. The Contractor shall reschedule unacceptable coverage within five (5) days after being notified. The Engineer shall designate those areas, if any, to be omitted from or added to the audio - video coverage. Tape recordings shall not be made more than thirty (30) days prior to beginning of construction in any area. All tapes and written records shall become property of Owner. The tapes shall be delivered to the Owner as soon as possible after recording. 1.03 QUALITY ASSURANCE The Contractor shall engage the services of a professional electrographer. The color audio -video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio -video tape documentation. PART 2 -- PRODUCTS 2.01 GENERAL All equipment, accessories, materials, and labor to perform this service shall be furnished by the Contractor. 2.02 QUALITY The total audio -video system shall reproduce bright, sharp, clear pictures with accurate colors and shall have minimal distortion, tearing, rolls, or other imperfections. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and clarity and be free from distortion and interruptions. 01381 Audio -Visual Documentation.doc 01381-1 2.03 CAMERA The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal-to-noise ratio of 45dB, and a minimum illumination requirement of 25 foot candles. 2.04 TAPES Audio -video tapes shall be new. Reprocessed tapes will not be acceptable. The tapes shall be one-half inch, high energy, extended still frame capable videocassette, shall be interchangeable with the color videocassette player, and shall be compatible for playback with the player -receiver. PART 3 -- EXECUTION 3.01 VIDEOTAPING PROCEDURES A. Each tape shall begin with the current date, project name, and municipality, and be followed by the general location; i.e., name of street, house_ address, viewing side, and direction of progress. The audio track shall consist of an original live recording. The recording shall contain the narrative commentary. B. All video recordings must, by electronic means, display continuously and simultaneously generate, with the actual taping, transparent digital information to include the date and time of recording, and station numbers, if shown on the Drawings. The date information shall contain the month, day, and year. The time information shall contain the hour, minute, and second. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, name of street, house address, direction of travel, and the viewing side. The transparent information shall appear on the screen. C. All taping shall be done during times of good visibility. No taping shall be done during precipitation, mist, or fog. The recording shall be done only when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. D. The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 44 feet per minute. Panning, zoom -in, and zoom -out rates shall be sufficiently controlled to maintain a clear view of the object. 01381 Audio -Visual Documentation. doc 01381 -2 E. Tape coverage shall include all surface features located within the zone of influence of construction supported by a io Coverage. Such coverage shall include, but not be limited proto, existriate ing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs, and headwalls within the area covered. F. When conventional wheeled vehicles are used, the distance from the camera lens to the ground shall not be more than twelve (12) feet. In some instances, audio -video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking or special conveyance approved by the Engineer. ** END OF SECTION ** 01381 Audio -Visual Documentation. doc 01381 -3 SECTION 01410 TESTING LABORATORY SERVICES PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Owner may employ and pay for the services of an independent testing laboratory to perform certain specified testing in addition to what is called for in the Contract Documents. Owner shall pay for all additional testing. 1. Contractor shall cooperate with the laboratory to facilitate the execution of its required services. 2. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the work of the Contract. B. Contractor will employ and pay for the services of an independent testing laboratory to perform certain specified testing. All testing described in the contract Documents shall be paid for by the Contractor. 1.02 RELATED REQUIREMENTS A. General Conditions of the contract: Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities. B. Respective sections of specifications: Certification of Products. 1.03 QUALIFICATION OF LABORATORY A. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. B. Meet basic requirements of ASTM E329, "Standards of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction." C. Authorized to operate in the State in which the Project is located. D. Submit copy of report of inspection of facilities made by Materials Reference Laboratory of National Bureau of Standards during the most recent tour of Inspection, with memorandum of remedies of any deficiencies reported by the inspection. 01410-1 1.04 1.05 E. Testing Equipment: 1 • Calibrated at reasonable intervals by devices of accuracy traceable to either: a. National Bureau of Standards b• Accepted values of national physical constants. LABORATORY DUTIES A. Cooperate with Engineer and Contractor; provide qualified personnel after due notice. B. Perform specified inspections, sampling, and testing of materials and methods of construction: 1. Comply with specified standards 2• Ascertain compliance of materials with requirements of Contract Documents. C. Promptly notify Engineer and Contractor of observed irregularities or deficiencies of work or products. D. Promptly submit written report of each test and inspection; one copy each to Engineer, Owner, and Contractor, and one copy to Record Documents File. Each report shall include: 1 • Date issued 2. Project title and number 3. Testing laboratory name, address, and telephone number 4. Name and signature of laboratory inspector 5. Date and time of sampling or inspection 6. Record of temperature and weather conditions 7. Date of test 8. Identification of product and specification section 9. Location of sample or test in the Project 10. Type of inspection or test 11. Results of tests and compliance with Contract Documents 12. Interpretation of test results, when requested by Engineer E. Perform additional tests as required by Engineer or the Owner LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory in not authorized to: 1 • Release, revoke, alter, or enlarge on requirements of Contract Documents 2. Approve or accept any portion of the work 01410-2 3. Perform any duties of the Contractor 1.06 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel, and provide access to work and to manufacturer's facilities. B. Secure and deliver to the laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. C. Provide to the laboratory the preliminary design mix proposed to be used for concrete, and other material mixes which require control by the testing laboratory. D. Furnish copies of product test reports as required. E. Furnish incidental labor and facilities: 1. To provide access to work to be tested 2. To obtain and handle samples at the project site or at the source of the product to be tested 3. To facilitate inspections and tests 4. For storage and curing of test samples F. Notify laboratory, in advance of operations to allow for laboratory assignments of personnel and scheduling of tests. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01410-3 SECTION 01510 TEMPORARY UTILITIES PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary utilities required for construction; remove on completion of entire project. B. Provide temperature, ventilation, and lighting requirements, if applicable, as specified in each individual section. 1.02 RELATED REQUIREMENTS Section 01000: Summary of Work 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code. B. Comply with federal, state, and local codes and regulations, and with utility company requirements. PART 2 -- PRODUCTS 2.01 MATERIALS (GENERAL) Materials may be new or used, but must be adequate in capacity for the required usage. They MUS__ create unsafe conditions, and MUST NOT violate requirements of applicable codes and standards. 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. The Contractor must maintain power to all existing buildings and areas. B. The Contractor is responsible for providing and paying for all Power required for his operations. Contractor shall make arrangements with Owner for temporary power. C. Contractor is responsible for arranging power for his office trailers(s), power tools, etc., at his own expense. The Contractor shall pay the costs of all power used. 01510-1 9 D. Provide POWER CENTERS for miscellaneous tools and equipment used in the work: 1 Weatherproof distribution box with minimum of four 20 - amp., 120 -volt grounded outlets. 2. Locate so that power is available at any point of use with minimum 100 -foot CONSTRUCTION -TYPE power cords. 3. Provide circuit breaker protection for each outlet. E. Provide adequate artificial lighting for all areas of work, when natural light is not adequate for work, and for areas accessible to persons other than Contractor's employees. F. If Contractor requires service other than specified above, he shall arrange for, provide maintenance, and pay all costs incurred. 2.03 TEMPORARY !MATER Contractor shall make arrangements with Owner for all temporary water at the project site. Contractor shall pay for all temporary water required for his operations. 2.04 TEMPORARY SANITARY FACILITIES A. Contractor shall provide temporary sanitary facilities in compliance with laws and regulations. B. Contractor shall provide for regular service, cleaning, and maintenance of temporary facilities and enclosures. PART 3 -- EXECUTION 3.01 GENERAL A. Comply with applicable requirements specified in Section 02670 — Submersible Wastewater Pumping Station, as well as state and local codes. B. Maintain and operate systems to ensure continuous service. 01510-2 3.02 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore existing facilities used for temporary services to specified, or to original, condition. ** END OF SECTION ** 01510-3 SECTION 01560 PART 1 -- GENERAL TEMPORARY CONTROLS 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary control facilities required for construction; remove on completion of entire project any features not intended to remain on the project site. B. Provide noise control, dust control, water control, debris control, Pollution control and erosion control as specified in the appropriate sections of these documents. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A• Comply with federal, state, and local codes and regulations and utility company requirements. B. Comply with Department of Transportation requirements. PART 2 -- PRODUCTS 2.01 MATERIALS (GENERAL) A. Materials may be new or used, but must be adequate in capacity and quality for the required usage, MUST NOT create unsafe conditions and MUST NOT violate requirements of applicable codes and standards. 2.02 TEMPORARY NOISE CONTROL A. Mechanical equipment shall be fitted with mufflers to reduce noise from internal combustion type engines. B. Bells, sirens, alarms, etc., shall be adjusted to provide adequate warnings to personnel on the project site; however, they shall be regulated to an intensity that is amenable to the neighboring communities. C. Exterior construction work noises shall be kept to a minimum during evening, night, and early morning hours. In addition, weekend and holiday noises shall be limited to acceptable levels. D. In addition to on-site control, noise considerations shall be made to off- site vehicles and equipment (mobilization, demobilization, deliveries, 40 etc.). 01560 Temporary Controls.doc 01560-1 2.03 TEMPORARY DUST CONTROL Dust formed as a result of the construction shall be controlled by the Contractor. Cleaning of work areas and application of dust control materials are the most effective methods of dust control. 2.04 TEMPORARY WATER CONTROL A. The flow of water through the construction site shall be controlled by the Contractor such that it does not damage any constructed items; however, it shall be diverted and channeled to effectively leave the site as soon as possible. Puddling and ponding on the site is not permitted. B. Water shall be controlled such that it does not enter excavated areas, nor is deposited on or against constructed features. 2,05 TEMPORARY DEBRIS CONTROL A. Provision shall be made by each Contractor to have available adequate containers to hold any and all debris that is to be generated from the project. Containers should be covered to prevent wind blowing paper, plastic, and lightweight products around and off the site. B. Instructions shall be given to personnel to utilize the trash containers. Containers shall be placed in convenient places at the site. C. At least once per week, a thorough cleaning of.trash and debris shall be made at the construction site. An acceptable method of disposal shall be employed. ** END OF SECTION ** 01560 Temporary Controls.doc 01560-2 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Products B. Workmanship C. Manufacturer's Instructions D. Transportation and Handling E. Storage and Protection F. Substitutions and Product Options 1.02 RELATED REQUIREMENTS A. Section 01000: Summary of Work — Provisions and performance of work under the Contract. B. Section 01090: Reference Standards — Provision and identification of publication sources for referenced standards. C. Section 01340: Shop Drawings, Product Data and Samples — Submittal of manufacturer's drawings, descriptive literature, samples and certificates. D. Section 01710: Cleaning — Manufacturer's recommendation and procedures for cleaning. E. Section 01740: Warranties and Bonds — Form and time of submission. 1.03 PRODUCTS A. Products include material, equipment and systems. B. Comply with specifications and referenced standards as minimum. C. Manufactured and fabricated components required to be supplied in quantity with a Specification section shall be the same, and shall be interchangeable. 01600 Material and Equipment.doc 01600-1 D. When project is alteration and additional work, DO NOT use materials and equipment removed from existing structure, except as specifically allowed by notation or indication by Contract Documents. 1.04 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devises designed and sized to withstand stresses, vibration, and rocking. 1.05 MANUFACTURER'S INSTRUCTIONS A• When work is specified to comply with manufacturer's printed instructions, obtain and distribute copies to persons involved, and maintain one set at job site in field office. B. Perform work in accordance with manufacturer's instructions and specified requirements. C. Should a conflict exist between Specifications and manufacturer's instructions, consult with Engineer. 1.06 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with construction schedules; coordinate to avoid delay of progress, conflict with work and with conditions at the site. B. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. C. Provide equipment and personnel to handle product by methods to prevent soiling or damage. D. Promptly inspect shipments to assure that products comply with requirements, quantities are correct and products are undamaged. 01600 Material and Equipment.doc 01600-2 1.07 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. B. Store sensitive products in weather -tight enclosures; maintain within temperatures and humidity ranges recommended/required by manufacturer's instructions. C. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. D. Store loose granular materials on solid surfaces in a well -drained area; prevent mixing with foreign matter. E. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. F. After installation, provide coverings to protect products from damage from traffic and construction operations, remove when no longer needed. 1.08 PRODUCT OPTIONS A. Within 30 days after date of Contract, submit complete list of major products proposed, with name of manufacturer, trade name and model. B. Options: 1. Products specified only be reference standard: Any product meeting that standard. 2. Product specified by naming several manufacturers: Product of any named manufacturer meeting specifications. 3. Products specified by naming one or more manufacturers and "or equal": Submit a request for substitution for any manufacturer not specifically named. 1.09 SUBSTITUTIONS A. Only within 30 days after date of Contract will Engineer consider requests from Contractor for substitutions. Subsequently, substitutions will be considered only when a product becomes unavailable due to no fault of the Contractor. 01600 Material and Equipment.doc 01600-3 B. Document each request with complete data, drawings and samples as appropriate, substantiating compliance of proposed substitution with Contract Documents including: 1. Comparison of the qualities of the proposed substitution with the specified. 2. Changes required in other elements of the work because of the substitution. 3. Effect on the construction schedule. 4. Cost data comparing the proposed substitution with the product specified. 5. Any required license fees or royalties 6. Availability of maintenance service, and the source replacement materials. C. Request constitutes a representation that Contractor: i. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. 2. Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes which may be required for work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. D. Substitutions will not be considered when they are indicated or implied on Shop Drawing or Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents. E. Engineer will review to determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01600-4 01600 Material and Equipment.doc SECTION 01700 CONTRACT CLOSEOUT PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A• Comply with requirements stated in General and Special Conditions of the Contract and in Specifications for administrative procedures in closing out the work. B. Related requirements in other parts of the Contract Documents: 1. Fiscal provisions, legal submittals, and additional administrative requirements; General Conditions of the Documents: a. Paragraph 6.19 —Record Documents b. Paragraph 14.11— Final Inspection C. Paragraph 14.8 —Substantial Completion d. Paragraph 14.12 — Application for Final Payment e. Paragraph 14.13 — Final Payment and Acceptance f. Paragraph 13.1 — Guarantee of Work C. Related requirements specified in other sections: 1. Section 01710: Cleaning 2. Section 01720: Project Record Documents 3. Section 01740: Warranties and Bonds 1.02 SUBSTANTIAL COMPLETION A• When Contractor considers his work is substantially complete, he shall submit to Engineer: 1. A written notice that the work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. C. Should Engineer determine that the work is not substantially complete: 1. Engineer will promptly notify the Contractor, in writing, giving the reasons. 01700 Contract Close-out.doc 01700-1 2. Contractor shall remedy the deficiencies in the work, and shall send a second written notice of substantial completion to Engineer 3. Engineer will re -inspect the work D. When Engineer concurs that the work is substantially complete, he will: 1. Prepare a Certificate of Substantial Completion, accompanied by a list of items to be completed or corrected 2. Submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the certificate. 1.03 FINAL INSPECTION A. When Contractor considers the work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed 2- Work has been inspected for compliance with Contract Documents 3. Work has been completed in accordance with Contract Documents 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational 5. Equipment and systems instructions to Owner's personnel have been completed in accordance with Section 01730 6. Work is completed and ready for final inspection B. Engineer will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the work is incomplete or defective: 1. Engineer will promptly notify the Contractor, in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Engineer that the work is complete. 3. Engineer will re -inspect the work D. When Engineer finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. 1.04 RE -INSPECTION FEES Should the Engineer perform re -inspection due to failure of the work to comply with the claims of status of completion made by the Contractor, Contractor will compensate Engineer/Owner for such additional services. w• 01700 Contract Close-out.doc R 01700-2 1.05 ADDITIONAL SERVICES Should Engineer be required to provide representation at the site for the administration of the Contract for Construction, more than thirty days after the specified Date of Substantial Completion of the work, Contractor will compensate Engineer for such additional services. 1.06 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER A. Evidence of compliance with requirements of governing authorities: Certificate of Occupancy B. Project Record Documents: To requirements of Section 01720 C. Operating and Maintenance Data: Instructions to Owner's personnel conforming to requirements of Section 01730 D. Warranties and Bonds: To requirements of Section 01740; also, see Item H below E. Spare Parts and Maintenance Materials: To requirements of each specification section F. Evidence of Payment and Release of Liens: To requirements of General and Supplementary Conditions G. Certificate of Insurance for Products and Completed Operations H. One (1) Year Maintenance Bond I. Certificate of Operation from equipment manufacturers 1.07 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to Engineer B. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous change orders b. Allowances C. Unit prices d. Deductions for uncorrected work e. Deductions for liquidated damages o f. Deductions for re -inspection payments g. Other adjustments 01700 Contract Close-out.doc 01700-3 3. Total Contract sum, as adjusted 4. Previous payments 5. Sum remaining due C. Engineer will prepare a final change order, reflecting approved adjustments to the Contract sum which were not previously made by change -order. 1.08 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01700-4 01700 Contract Close-out.doc SECTION 01710 CLEANING PART 1-- GENERAL 1.01 REQUIREMENTS INCLUDED Execute cleaning, during progress of the work, and at completion of the work, as required by General conditions. 1.02 DISPOSAL REQUIREMENTS Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti -pollution laws. PART 2 -- PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage finishes and surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 -- EXECUTION 3.01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the work, the site, and adjacent properties free from accumulation of waste materials, rubbish, and windblown debris resulting from construction operations. B. Dispose of waste materials, cartons, crating, debris, and rubbish at designated waste receptacles. C. Contractor shall maintain a broom -cleaned site during the entire construction phase. D. For exterior utility work (such as underground pipelines, roadways, service areas, etc.), these shall be cleaned daily. Not less frequently than once weekly. Roadways shall be mechanically broomed. 01710 Cleaning.doc 01710-1 3.02 DUST CONTROL A. General Contractor shall broom -clean interior spaces prior to the start of completing painting and continue cleaning on an as -needed basis until painting is finished. B. Schedule operations so that dust and other contaminants resulting from the cleaning process will not fall on wet or newly -coated surfaces. 3.03 FINAL CLEANING A. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials. P B. Contractor shall broom -clean paved surface; rake -clean other surfaces of the grounds. C. Prior to final completion, Contractor shall conduct an inspection of all work areas to verify that the entire work area is clean. ** END OF SECTION ** 01710 Cleaning.doc 01710-2 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A• Contractor shall maintain at the site for the Owner one record copy of the following: 1. Drawings 2. Specifications 3. Addenda 4. Change orders and other modifications to the Contract 5. Engineer field orders or written instructions 6. Approved shop drawings, product data, and samples 7. Field test records B. Related requirements in the other parts of the Contract Documents: General Conditions of the Contract; Section 2 — Schedules, Reports and Records C• Related requirements specified in other sections: Section 01340: Shop Drawings, Product Data and Samples 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A• Contractor shall store documents and samples in the field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with Specifications — Table of Contents. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by Engineer. 01720-1 1.03 MARKING DEVICES A. Provide felt tip marking pens for recording information in the color red. 1.04 RECORDING (SEE ALSO SPECIAL CONDITIONS) A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. DO NOT conceal or backfill any work until required information is recorded. C. Drawings: Legibly mark to record actual construction: 1. Depths of various elements of construction in relation to N.G.V.D. 1929. 2. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimension and detail 5. Changes made by field order or by change order. 6. Details not on original contract drawings. D. Specifications and Addenda: Legibly mark each section to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by change order. 1.05 SUBMITTAL A. At Contract close-out, deliver Record Documents to Engineer for the Owner B. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative 01720-2 1.06 AS -BUILT SURVEYS A. GENERAL INFORMATION TO BE SHOWN ON AS -BUILT AND SURVEY DRAWINGS I. Existing right-of-way limits and/or easements within the limits of construction. 2. Survey baseline stationing every 100', control points set every 500', and at angle change of direction. 3. Show cross section elevations at grade every 100' for gravity sewer line construction and 500' for water line and force main construction. Elevations that reflect any significant change in grade between the previously stated footage shall be shown on plans. 4. Existing parcels, tracts, and lot corner locations shown with front footage dimensions per plat when platted. If construction project is along back of lots, then show back lot dimensions. 5. Existing roadway edge of pavement or edge of dirt road. 6. Existing utilities as located in field (water, sewer, telephone, electric, cable TV, etc.) (NOTE: Sunshine One to be contacted by surveying firm prior to survey locate; with the intent of county excavation.) 7. Existing utilities as associated with number 5 above (example: valves, meters, manholes, etc.) 8. Existing curbs, driveway widths and types. 9. Existing drainage pipe crossings and driveway culverts (type, sizes and invert elevations.) 10. Existing swales and/or ditches and elevations every 100' at top and bottom if within area of construction. 11. Existing fences. 12. Existing trees and/or shrubbery. 13. All other non-movable items such as mailboxes, flag poles, etc. 14. All street names. 01720-3 B. CONTROL INFORMATION FOR AS -BUILT UTILITY SURVEY WORK I. All as -built drawings (24"x36") shall state in 1" lettering "AS -BUILT" located in the bottom right hand side of the drawing original and/or copies, along with the as -built date. 2. All as -built surveys shall meet the minimum requirements of the Chapter 61G17, Florida Administrative Code Pursuant to Section 472 of the Florida Statutes. All surveys shall be based on a minimum horizontal control Third Order, "Class 2." 3. All state plane coordinates shall be based on the Florida State Plane Horizontal data (East Zone); or Florida High Precision Geodetic Network (superstation) and NAD 83/1990 — final adjustment. 4. All engineering or surveying as -built drawings shall be tied to a minimum of one (1) permanent reference monument (P.R.M.) that shall be tied to a minimum of one (1) section corner or one-quarter (1/4) section corner whichever is closest to the project. State plane coordinates shall be physically shown on the drawing next to the P.R.M. used. 5. All elevations shown shall be based on 1929 NGVD 6. All incoming as -built drawings (24"06") shall be received on a CD, as an electronic copy, AutoCADD 2000 format, with a tie to a minimum Of two (2) state plane coordinates. (NOTE: Prior to submitting the electronic copy, one (1) copy of each as -built shall be submitted for review and approval. After all approvals, a (24"06") Mylar reproducible along with five (5) signed and sealed copies of each as - built shall be submitted.) 7. All utility as -built construction plans that are located within a distance of one (1) mile from any Indian River County Global Positioning System (G.P.S.) control project monuments shall be tied into the project from one (1) on-site Permanent Reference Monument (P.R.M.) subdivision Corner, or site plan project corner. 8. All as -built surveys shall include a minimum of two (2) existing or established benchmarks for vertical control every 1,400 feet and shown on all surveys. 9. All Utility As -built construction located within one mile of the Indian River County Global Positioning System (G.P.S.) control project shall be tied from that nearest G.P.S. point and into the closest construction site Permanent Reference Monument (P.R.M.), if available. This does not eliminate Item No. 7 above. 01720-4 10. All as-builts shall clearly depict as -built utility lines that were constructed along with their respective easement (if required). As- builts will not be accepted unless the verbiage "Proposed" and/or "To Be constructed" have been revised to read "AS -Built". As -built Construction drawings with, to be constructed terminology, will not be accepted. 11. All as-builts shall be certified by the contractor's surveyor. 12. All utility as -built construction located within the rights-of-way, easements and alike shall be tied to the respective rights -of way, easements, etc., every 1,000 feet and change of direction. 13. All fire hydrants, valves, Tee's, crosses, A.R-V.'s and pipeline changes in direction (fittings), shall be located with state plane coordinates and shall be identified on the as-builts. 14. All as-builts shall be complete and approved before commencement of field test. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01720-5 K SECTION 01740 WARRANTIES AND BONDS PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Compile specified warranties and bonds. B. Compile specified service and maintenance contracts. C. Co -execute submittal when so specified. D. Review submittals to verify compliance with Contract Documents E. Submit to Engineer for review and transmittal to Owner 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. Instructional to Bidders: Bid or Proposal Bonds, 2• General Conditions of Contract: a. Performance Bond and Labor and Material Payment Bond b. General Warranty of Construction. B. Specified in other sections: 1. Section 01700: Contract Closeout 2. Each respective section of Specifications shall have Warranties and Bonds required for specific products. 3. Provisions of Warranties and Bonds, Duration: The respective section of specification which specifies the product. 1.03 SUBMITTAL REQUIREMENTS A. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers and subcontractors. B. Number of original signed copies requires: Two each. C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product or work item 2. Firm, with name of principal, address, and telephone number. 3. Scope. 01740 Warranties and Bonds.doc 01740-1 4. Date of beginning of warranty, bond or service and maintenance contract. S. Duration of warranty, bond or service maintenance contract. 6. Provide information for Owner's personnel: a. Proper procedure in case of failure b. Instances which might affect the validity of warranty bonds. 7. Contractor, name of responsible principal, address and telephone number. 1.04 FORM OF SUBMITTALS A. Prepare in duplicate packets. B. Format: 1. Size 8-1/2" X 11" punched sheets for 3 -ring binder a. Fold larger sheets to fit into binders 2. Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS." List: a. Title of project b. Name of Contractor C. Binders: Commercial quality, three-ring, with durable and cleanable plastic cover. 1.05 TIME OF SUBMITTALS A. Make submittals within ten days after Date of Substantial Completion, prior to final request for payment. B. For items of work, where acceptance is delayed materially beyond the Date of Substantial Completion, provide updated submittal within ten days after acceptance, listing the date of acceptance as the start of the warranty period. 1.06 SUBMITTALS REQUIRED A. Submit warranties, bonds, and service and maintenance contracts as specified in the respective sections of Specifications, as appropriate. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTIVE 01740 Warranties and Bonds.doc 01740-2 Not applicable ** END OF SECTION ** 01740-3 01740 Warranties and Bonds.doc DIVISION 2 SITE WORK Section 02000 WATER AND WASTEWATER UTILITY STANDARDS PART 1-- GENERAL 1.01 REQUIREMENTS INCLUDED A. Obtain a copy of utility standards and keep at job site, bearing the title "I.R.C.D.U.S. Water and Wastewater Utility Standards", July 2007 or latest version — herein after called "Reference Specifications" B. Installation of all water and wastewater utility facilities/infrastructure shall be in accordance with the reference standards, drawings and other specifications in "Division 2 — Site Work. 1.02 RELATED REQUIREMENTS A. In other parts of the contract documents; contractor is required to obtain a copy of the reference specifications, and during construction, comply with the reference specifications. 1. Section 00020 Advertisement for Bids 2. Section 00100 Instruction to Bidders 3. Section 00310 Bid Form B. Specified in other sections: 1. Section 00530 EJCDC — Agreement between owner and contractor; article 8. Contract documents; paragraph 8.6 2. Section 00800 Supplementary conditions; paragraph SC — 3.03.13.2 Coordination of plans, specifications and special provisions. 02000-1 PART 2-- PRODUCTS 2.01 All materials, equipment (products) used in the installation of the work shall be in accordance with the reference specifications, and in accordance with specifications found in other parts of the contract documents, including: A. Drawings B. Other sections of "Division 2 — Site Work" Section 02001— Conversion Method Section 02002 — Cleaning of In -Service Piping Systems Section 02115 - Tree Protection and Trimming Section 02401— Dewatering Section 02485 — Grassing Section 02576 — Pavement, Sidewalk, and Driveway Replacement PART 3 - EXECUTION 3.01 All installation methods & handling of material ( the execution of the work) shall be in accordance with the reference specifications, and in accordance with specifications found in the other parts of the contract documents, including: DOCUMENTS: A. Drawings B. Other sections of division 2 — site work Section 02001— Conversion Method Section 02002 — Cleaning of In -Service Piping Systems Section 02115 — Tree Protection and Trimming Section 02401— Dewatering Section 02485 — Grassing Section 02576 — Pavement, Sidewalk, and Driveway Replacement 02000-2 Section 02001 CONVERSION METHOD — MINIMUM RECOMMENDED REQUIREMENTS Brine Line to Potable Water Main To convert the. pipeline from a brine transmission main to a water main transmitting and distributing potable water, assurances must be provided to ensure the main can transmit and distribute water that is safe for public consumption. To provide these assurances the following is an outline of the minimum recommended procedure proposed for conversion of the water line. 1. The new water main and the existing converted pipeline shall be color coded or marked in accordance with subparagraph 62-555.320(21)(b)3 fac. The existing pipeline has been excavated and markings/ color coding has been documented in the field. The pipe was excavated at 3 locations along the length of pipe. The pipe was found to be appropriately color coded and marked. The results of the pipe excavation were: The existing pipe is black HDPE pipe, with blue markings on the pipe wall running continuous and parallel to the main. The existing pipe has a continuous blue trace wire. The existing pipe has a continuous warning tape buried above the pipe, reading "caution buried line" which is green striped. All new pipe and fittings will be constructed in accordance with current standards. (see plans and specifications) The contractor shall further document the pipe condition during construction at all locations where pipe is to be excavated (connection point, flushing point, fire hydrant cut -ins, conflict locations). Documentation shall include as -built locations of depth, separation from other utilities, photos of pipe, markers, etc. 2. The water system components that will come into contact with drinking water shall conform to applicable AWWA standards and 62-555.320(3)(b) and 62-555.335 fac: The existing pipeline is HDPE pipe, and was constructed in 1996. The pipe was required to be designed and in accordance with IRCDUS, was constructed in accordance with the IRC standard specifications adopted at that time: "IRC water and wastewater utility 02001-1 9 standards, September 1996". These specifications included applicable references to AWWA standards and Florida administrative code. That portion of the existing pipeline proposed to be converted is butt fusion welded HDPE pipe, and does not contain any fittings, valves or other appurtenances along its length. Therefore, the only existing component -is the HDPE pipe. There are not any gasketted joints or pipe runs or fittings that are cement lined. All new pipe and fittings will be constructed in accordance with current standards. New facilities are proposed at the connection point of the 16" converted main to an existing 30" water main where connection will be made with 148 If of new 16" water main; at a mid point where a fire hydrant will be cut into the existing 16" converted main; and at the end of the existing 16" converted pipe, where a t, 8" branch line, valve, plug and blow -off will be constructed. (See plans and specifications) 3. The water main shall be laid to provide a horizontal distance in accordance with 62-555.314(5): The existing pipeline has been excavated and located, and has been documented in the field. The pipe was found to have the following separation: 10.2 ft, 7.0 ft, and 7.7 ft. Of separation from the force main lying south of the pipeline. A min. Of 6 ft is required. 11.7 ft., 3.7 ft., and 13.7 ft. of separation from the reclaimed water main lying north of the pipeline. A min. Of 3 ft. is required. (Part iii 62-610 fac). An as -built of the existing main was prepared upon the completion of its construction in 1996, which confirms the location and separation from the force main to the north. All new mains are specified to meet the standards (see plans and specifications). The contractor shall further document the pipe condition during construction at all locations where pipe is to be excavated (connection point, flushing point, fire hydrant cut -ins, conflict locations). Documentation shall include as -built locations of depth, separation from other utilities, photos of pipe, markers, etc. 02001-2 4. The water main shall cross any other utility only with separation criteria in accordance with 62-555.314(2). the existing main does not cross any gravity, force/ pressure, or vacuum type sanitary sewer mains, force/ pressure drainage mains, re-claimed mains. The existing main crosses several existing drainage culverts where it is estimated that there is 12" clearance. However, the plans specify that the contractor shall excavate the main at these locations, and if 12" separation is not found, the water main shall be concrete encased, 4" thick x 10 ft. Long, centered at the crossing. The contractor shall further document the pipe condition during construction at all locations where pipe is to be excavated (connection point, flushing point, fire hydrant cut -ins, conflict locations). Documentation shall include as -built locations of depth, separation from other utilities, photos 0f pipe, markers, etc. All new mains are specified to meet the FDEP separation criteria. The new 16" directional bore crossing 58th Ave will cross several utilities. (See plans and specifications). S. The water main shall be cleaned / flushed, pressure tested, disinfected and bacteriologically evaluated: a• Evaluate the existing pipe condition (pre -cleaning): the existing pipe shall be evaluated prior to cleaning, to determine the internal condition of the pipe. Pre -cleaning evaluation shall include: A permanent sample point shall be installed at the downstream (eastern) end of the existing 16" main. (approx. 1000 ft east of 58th Ave), and a bacteriological evaluation (total coliform analysis)of the brine shall be completed in accordance with 62-555.340 fac, to determine the existence of any bacteriological contamination of the existing pipeline. Evaluation of existing brine concentrate lab sample results. The contractor will be provided results of existing brine concentrate lab samples to assess the possible residue and scale constituents. 02001-3 Inspection of the internal pipe and at existing butt joints. This can be accomplished when necessary excavation, cutting and installation of the poly pig launching assembly at the upstream end, and installation of the flushing assembly at the down stream end of the pipe is commenced. The pipe shall be cut near an existing butt joint, so both the internal wall and joint of the pipe can be evaluated. the presence of scale, grit or other foreign material shall be documented via field notes, photographs, and specimens scraped or otherwise removed from the wall and joint of the pipe and samples shall be laboratory tested to determine its chemical and biological constituents. The lab test results shall be evaluated and provided to IRC and the engineer. b• Clean the main - The contractor shall evaluate the internal condition, residue / scale found, lab samples provided, and recommend the type and frequency of poly pigs to be incorporated into the system, and other cleaning methods that may be necessary. the existing main shall be cleaned of all contaminants prior to bacteriological evaluation with the use of the controlled and pressurized passage through the pipe with a series of hydraulic or pneumatic poly urethane plugs of varying dimensions, coatings and densities. (poly pigs). e the type and size of the poly pigs shall be that which will thoroughly o clean the pipe of all material, sand, grit, gravel, stones, fluids, debri, threats to sanitation, and other items that could generally be construed as foreign material and that which would not be found in a properly cleaned system. The cleaning shall provide a smooth interior periphery of the pipe and will end result in a pipe virtually free of any material and fluids. Poly Pigs are available with abrasive qualities, brushes, and coatings. The type and frequency of use shall be determined in the field based on an evaluation of the pipe interior. The pipe shall be flushed of all contaminants by the utility contractor. 02001-4 C. Evaluate the existing pipe condition (post cleaning): The existing pipe shall be evaluated upon completion of cleaning, to determine the internal condition of the pipe. Post -cleaning evaluation shall include: Inspection by the. contractor, under the supervision of the engineer, of the internal pipe and at existing butt joints will be completed. This will be accomplished at the location of the flushing assembly at the down stream end of the pipe, and at the midpoint, where a proposed fire hydrant assembly will be cut in. The pipe shall be cut near an existing butt joint, so both the internal wall and joint of the pipe can be inspected and evaluated. The presence of any remaining scale, grit or other foreign material shall be unacceptable, and the contractor shall evaluate the material found, determine its components through laboratory tests, and recommend and commence additional cleaning procedures necessary to provide a smooth interior periphery of the pipe that will result in a pipe virtually free of any material and fluids, and free from the presence of biological, chemical or viral contamination. The material shall be documented via field notes, photographs, and specimens scraped or otherwise removed from the wall and joint of the pipe and samples shall be laboratory tested to determine its chemical and biological constituents. If the pipe is found to be free of any scale, grit or other foreign material, then the contractor shall commence pressure testing and disinfection and bacteriological evaluation. d. Pressure / leakage test: The water main shall be pressure and leakage tested in accordance with AWWA c-605. the existing water main, according to IRCDUS, was tested and accepted for use in 1996, and has continually operated as a brine transmission main, operating at approx. 22 psi. The existing main will be pressure tested again, as part of the conversion methodology. The main shall be pressure tested in accordance with AWWA standards, and also shall meet additional pressure test standards for HDPE pipe, as outlined in section 10.02 of the IRC dept. Of utility services water and wastewater utility standards, July 2007. 02001-5 Section 02002 THE CLEANING OF IN-SERVICE PIPING SYSTEMS The cleaning of this Piping system shall be accomplished by the controlled and Pressurized passage though this system of a series of hydraulic or pneu plugs of varying dimensions, coatings and densities, (poly pigs). matic poly urethane 1 The dimensions, coatings and densities of these poly pigs shall be determined by: a) The particulars of the system to be cleaned b) The recommendation of the engineer or comparable project authority d) C) The recommendation of the manufacturer of the poly pigs The recommendations of an eYpeuenced contractor whose specials is in the use and application of the poly pig for the cleaning of pip, systems. 2. Prior to commencement, the contractor shall submit aplan, indicating its proposed methods to clean the piping system (cleaning plan). The plan shall include: a) Schedule of Work — Time frame for individual tasks. b) Recommended type and frequency of use of polypigs c) Testing procedures d) Disinfection procedures e) Statement indicating the plan is in adherence to the FDEP permit, and description of any methods or testing contrary to or in addition to the methods outlined in these construction plans and specifications. The plan shall include the minimum requirements outlined in Section 02001 "Conversion Methods" — Minimum Recommended Requirements, Brine Line to Potable Water Main. 3. A series of these predetermined pigs shall be entered into the system at a point as near to the beginning of the system as is logistically and mechanically feasible. This entering point may take the form of a fitting installed into this system specifically for this purpose or may be a line size accent point which can serve as a means to permit entrance of the cleaning pigs. 4. The poly pigs shall be entered into the system by the use of a pig launching assembly. This launching assembly shall allow for: 02002-1 a) The entering of pigs into the system by providing the means to induce flow from an external source, independent of the flows and pressures immediately available from the system, on the back of the pig to develop suffici system. ent pressure to force the pig through the b) A means to control and regulate this flow. c) A means to mo system. nitor the flows and pressures introduced into this d) A means to connect to and subsequently be disconnected from the system without any mechanical dis Of this system, ruption of the operational ability 5. As an alternative to item #3 above, other means can be utilized to enter the pigs into the system required for this cleaning procedure. These means can include: a) Hand insertion b) Insertion of the series of system by the use of a pTry ss -required u,to another portion of this diverting of the pirig launching assembly and subsequent pi from that portion of the system into the Portion now to be cleaned. C) Loading of the pigs into the piping as it is being installed for the use once the system is on line. d) Dismantling or opening of the system mechanically to provide access for the insertion of the pigs. NOTE: All of these methods should be done with a close adherence as possible to items b, c, and d, of item #3 above. 6• The poly pigs shall be removed or discharged from the system at a point as near to the end of the system as is logistically and mechanically feasible. This discharge point may take the form of a fitting installed into the system specifically for this purpose or may be any line size existing port which can accommodate the reduction capability of the poly pig. This port will serve as a means for the poly Pig to be discharged from the system. 7• The poly pigs shall be then entered into a Pig trapping assembly which will allow for the passage or discharge o th the used for the pressurizing of the pig through the system, but will capture or contain the poly pig within this pig trapping assembly and not allow it to proceed. This pig trapping assembly will allow for: a) The discharge of the poly pigs from the system being cleaned by providing the means to control the flow at this point in the system so that the pig must enter the poly pig trap. b) A means to control and regulate this flow. 02002-2 C) A means to monitor the flows and pressures point. system at the systeat tl is d) A means to connect to and subsequently be disconnected from the system, without any mechanical disruption of the operational ability of this system. 8. As an alternative to item #6 above, other means can be utilized for the control and discharge of the poly pigs used to clean a piping system. These means can include: a) Open discharge ports so located as to maintain control of the discharged flow rate and effluent removed from the the cleaning operations. system during b) Existing or installed blow offs or drains or comparable piping which can be safely utilized as a discharge point for this cleaning Procedure and can accommodate the reduction capability of the Poly pigs used. NOTE: All of these methods should be done with a close adherence as possible to items a, b, c, and d, of item #6 above. 9• The contractor shall maintain or provide during the entire course of this cleaning procedure: a) A consultant surveillance of the systems and immediately report to the proper authority, any deviation from the established pigging and cleaning procedures, any inline problems encountered or any malfunctions of the system discovered, by the passage of the pi through the system. gs b) A record of the pigs, their sizes, styles and other pertinent information which have been entered into the system and subsequently retrieved. 10. The contractor must demonstrate to the satisfaction of the proper authority(s) that this work will be performed by experienced and knowledgeable supervision and personnel who have properly, safely and effectively provided for the cleaning of comparable system in other similar applications. These personnel will be required to provide acceptable procedures prior to the work being initiated, that will clearly illustrate they are capable and have the means on hand to resolve potential or real problems that may occur with the cleaning pigs in the system. The contractor shall provide evidence of qualification by providing copies of his/her state certification or license to perform such work as herein described. Contractor shall Provide certificates of personnel that are trained and accredited to be in compliance with OSHA 29, CFR 1910.120, Health and Safety Training. Contractor will be required to provide insurance coverage's as outlined in Division 0 and 1 of the contract documents. 02002-3 11. The system shall be thoroughly cleaned of all material, sand,rit gravel, stones, fluids, construction debris, threats to its sanitation, and other items that can generally be constructed as foreign material and that would not be found in properly cleaned system. This cleaning shall provide a smooth interior periphery of the pipe as a consequence of the cleaning procedure and will end result in a conduit or pipe virtually free of any material and fluids, other than those used for the cleaning procedure, within the system. 1-2• Proper inline disinfection, in conformance with AWWA Specificatio #651, is required to be provided as part of and/or incorporated n into the initial cleaning of the system. Provision of both cleaning and disinfection as one operation can provide the following advantages. a) For large diameters or long runs of newly installed piping a consequential reduction in the total volume of water to be used, supplied and eventually channeled to an acceptable disposal/containment area. b) Assures total saturation of the interior pipe, fitting and valve surfaces. c) Its done under controlled and measurable chlorine is injected into the system at a dosage rate reflecting the inline fvelocity volume capacity of the system thereby allowing for theuiform distribution of the disinfecting agent throughout the system. d) Cleaning and disinfecting a piping system as one operation minimizes or eliminates the potential for failure of subsequent bacteriological tests. e) De -chlorination of the system contents in compliance with AWA #651 can be readily and safely effected as an established part of the cleaning/disinfecting procedure. This procedure, if proposed, shall be identified within the cleaning plan. contractor's to 02002-4 BIDDER'S EXPERIENCE The following is a list of the projects similar in character and scope to the work specified under this contract which have been successfully completed by the bidder's personnel Burin the past three (3) years. g The information must be furnished by each bidder. Completed means accepted and final Payment received from the owner or authorized representative. LOCATION & OWNERS NAME CONSULTING DATE TYPE OF WORK & ADDRESS ENGINEER� COMPLETE 02002-5 I SECTION 02115 TREE PROTECTION AND TRIMMING PART1 -- GENERAL 1.01 DESCRIPTION OF WORK Only those trees which are in the direct path of construction are to be removed. Contractor shall make every possible effort to save any tree of four -inch diameter or larger, including minor adjustment to the pipe routing. Changes to pipe routing must be approved by the Engineer. Any tree which is not designated for removal but which will significantly interfere with construction shall be trimmed by a qualified tree surgeon. Contractor shall minimize tree removal and tree trimming operations to as great an extent as possible. 1.02 QUALITY ASSURANCE Engage a qualified tree surgeon to perform the following work: 1• Carefully remove branches from trees as required for new construction; all wounded trees shall be immediately treated. 2. Recommend procedures to compensate for loss of roots and perform initial pruning of branches and stimulation of root growth where removed to accommodate new construction. 3. Perform tree repair work for damages incurred by new construction. 1.03 JOB CONDITIONS Provide temporary fencing, barricades, or guards to protect trees and other plants which are to remain from damage. PART 2 -- PRODUCTS 2.01 MATERIALS Tree Pruning Compound: Waterproof, antiseptic, elastic, and free of kerosene, coal tar, Creosote, and other substances harmful to plants. Pruned or damaged trees shall be treated with the following: 1• Pine trees (all species) A mixture of twelve percent (12%) Benzene Hexachloride (BHC) emulsifiable concentrate shall be mixed at the rate of one (1) pint BHC per gallon of #2 fuel oil. Spray damaged area liberally. Spray the 02115 Tree Protection and Drilling.doc 02115-1 rest of the tree from ground level to a height of six feet (6'). Spraying of damaged trees shall be completed within five (5) days after injury occurs. 2. Hardwood (all species except pine) applicationAn paint shall be applied to the dam ged arrea.f The paint ashall betree in sufficient quantity so as to form an airtight seal. Spraying or painting pofthe damaged trees shall be performed within twenty-four (24) hours after the injury occurs. In case of damage to "specimen" hardwoods, the inspecting Engineer may require the Contractor to retain a skilled and licensed tree surgeon to properly treat the damaged tree. No compensation shall be made to Contractor for treating damaged trees. the PART 3 -- EXECUTION 3.01 GENERAL Protect tree root system from damage due to noxious materials in solution caused run-off or spoilage during mixing and placement of construction mat ri is or by from stored materials. Protect roots stems from floodin a a. ' resulting from dewateringoperations. drai„agg perations. g. erosion, or excessive wetting 3.02 REPAIR AND REPLACEMENT OF TREES A. Repair trees damaged by construction operations, in a manner acce tab the Engineer. Make repairs p le to after damage occurs to prevent progressive deterioration of damaged trees. B. Remove and replace dead and damaged trees which are determined b th surgeon to be incapable of restoration to normal growth pattern. y e tree C. If trees over six inches in caliper measurement (taken 12 inches abovegrade) are required to be replaced, provide new trees of six inches caliper size, and of the species selected by the Engineer. 3.03 DISPOSAL Removal from Owner's property: Remove excess excavation, displaced trees an trimmings, and dispose of off the Owner's property in a manner approved b l agencies yal ' loc ** END OF SECTION ** 02115 Tree Protection and Drilling.doc 02115-2 9 Q a SECTION 02401 DEWATERING PART 1-- GENERAL 1.01 DESCRIPTION OF WORK The work to be performed under this section shall include furnishing all equipment and labor necessary to remove storm or subsurface waters from excavation areas in accordance with the requirements set forth and as shown on the drawings. 1.02 APPLICABLE CODES, STANDARDS, AND SPECIFICATIONS The dewatering of any excavation areas and the disposal of the water shall be in strict accordance with the latest revision of all local and state government rules and regulations. The Contractor shall obtain any required dewatering permit from the appropriate agencies prior commencing dewatering operations. p to PART 2 -- PRODUCTS (Not Applicable) PART 3 -- EXECUTION 3.01 DEWATERING The Contractor shall provide adequate equipment for the removal of storm or subsurface waters which may accumulate in the excavation. If subsurface water is encountered, the Contractor shall utilize suitable equipment to adequately dewater the excavation so that it will be dry for work and pipe laying. A wellpoint system or other Engineer -approved dewaterin preparation of the trench bottom and for pipe laying. Wellpoint holes shall be plugged with method shall be utilized if necessary to maintain the excavation in a dry condition for concrete grout. Dewatering by trench pumping will not be permitted if migration of fine grained natural material from bottom, side walls, or bedding material will occur. In the event that satisfactory dewatering cannot be accomplished due to subsurface conditions or where dewatering could damage existing structures, the Contractor shall obtain the Engineer's approval of wet trench construction procedure before commencing construction. Dewatering shall cease in a manner to allow the subsurface water to slowly return to normal levels. 3.02 DISPOSAL Water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals, or suitable disposal pits. Contractor is responsible for acquiring all permits required to discharge the water and shall protect waterways from turbidity during the dewatering operation. In areas where adequate disposal sites are not available, partial) backfilled trenches may be used for water disposal only when the Contractor's plan for trench disposal is approved in writing by the Engineer. The Contractor's plan shall include temporary culverts, barricades, and other protective measures to prevent damage to property or injury to any person or persons. No flooding of streets, roadways, driveways, or private property will be permitted. Engines driving dewatering pumps shall bee equipped with residential type mufflers. ** END OF SECTION ** q 02401 -1 02401 Dewatering.doc SECTION 02485 GRASSING PART 1 -- GENERAL 1.01 DESCRIPTION OF WORK The Contractor shall furnish all labor, equipment, and materials necessary for grassing all areas disturbed by his operations and any other areas on the plans indicated to receive grassing. It is the intent of this specification that damaged areas are to be replaced in kind, with sod to be used for all maintained yard areas. The Engineer shall designate those areas to receive seed and those areas to receive sod. Engineer shall also designate the type of seed/sod to be used in each area. Contractor shall take all steps practical to minimize the area required to be sodded or seeded. All grassing shall be in accordance with Section 570-1 through 570-5 of the 1986 FDOT Standard Specifications for Road and Bridge Construction, except as modified herein. 1.02 STORAGE OF MATERIALS The Contractor shall provide space for storage of sod prior to placement in a manner that will not endanger or restrict pedestrian or vehicular traffic or interfere with other aspects of the work. PART 2 -- PRODUCTS 2.01 SOD A. Types: Sod shall be St. Augustine Floratam, Argentine Bahia, Centipede, or Bermuda, depending on type of existing sod in adjacent area to be matched. Sod shall be well matted with roots. Where sodding will adjoin, or be in sufficiently close proximity to private lawns, types of sod other than those listed above may be used if desired by the affected property owners and approved by the Engineer. Sod shall be delivered in commercial -size rectangles, preferably 12 -inch by 24 -inch or larger. B• Condition: The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live, fresh, and uninjured at the time of planting. It shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and other grasses. It shall be planted as soon as possible after being dug and shall be kept moist from the time it is planted. 2.02 SEED A. General: All seed shall, meet the requirements of the State Department of Agriculture and Consumer Services and all applicable State laws. The seed shall 02485 Grassing.doc 02485-1 have been harvested from the previous year's crop. When a low percentage of grass seed or native seed germination causes the quality of the seed to fall below the minimum pure live seed percentage as to specified below, the Contractor may elect, subject to the approval of the Engineer, to increase the rate of application sufficiently to obtain the minimum germination rate specified. No payment will be made for the added seed. B. Delivery and Storage: Each of the species or varieties of seed shall be furnished and delivered in separate labeled bags. During handling and storage, the seed shall be cared for in such a manner that it will be protected from damage by heat, moisture, rodents, and other causes. All permanent and temporary grass seed shall have been tested within a period of six months of the date of planting. C. Purity and Germination: All permanent and temporary grass seed shall have a minimum percent of purity and germination as follows: �• Argentine Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 80 percent. 2. Pensacola Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum active germination of 40 percent and a total germination of 80 percent, including firm seed. 3. Bermuda Grass Seed shall be of common variety with a minimum germination of 85 percent. 4. Annual Type Rye Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 90 percent. 2.03 MULCH The mulch material used shall normally be dry mulch. Dry mulch shall be straw or hay, consisting of oat, rye, of wheat straw, or of pangola, peanut, coastal Bermuda, or Bahia grass hay. Only deteriorated mulch which can readily be cut into the soil shall be used. 2.04 GRASSING EQUIPMENT A. Seed Spreader: The seed spreader shall be an approved mechanical hand spreader or other approved type of spreader. B. Equipment for Cutting Mulch into Soil: The mulching equipment shall be of a type capable of cutting the specified materials uniformly into the soil, and to the required depth. Harrows will not be allowed. C. Rollers: A cultipacker, traffic roller, or other suitable equipment will be required for rolling the grassed areas. 02485 Grassing.doc 02485-2 PART 3 - EXECUTION 3.01 GENERAL CONSTRUCTION METHODS Seeding and mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Seed shall be sown only when the soil is moist and in proper condition to induce growth. No seeding shall be done when the ground is frozen, unduly wet, or otherwise not in a tillable condition. Whenever a suitable length of right-of-way or adjacent area has been graded, it shall be made ready, when directed by the Engineer, and grassed in accordance with these specifications. Grassing shall be incorporated into the project at the earliest practical time in the lift of the contract. 3.02 SODDING A. Preparation of Area to be Sodded: The ground which is to receive sod shall have been graded to proper elevations (2 below sodded grade) to match pre - construction conditions or proposed grades. All disturbed swales and ditches shall have been restored to their pre -construction condition or better. The pre - reasonable smooth. It shall be reasonable free of large clods, roots, construction grade shall be maintained and the prepared soil shall be loose and of patches existing grass, and other material which will interfere with the sod hes or subsequent mowing and maintenance operations. laying B. Laying of Sod: Sod shall be installed in all areas so designated by Engineer. Sod shall be carefully placed so that each piece abuts flush to all surrounding sod, regardless of whether surrounding sod is new or existing. Where new sod is to be placed adjacent to existing sod, the new sod must be cut in to match the elevation of the existing sod. Uneven sod which might cause mowing problems will be rejected. New sod laid on top of existing sod will also be rejected. All sod placed on steep slopes (greater than 1:1) shall be pinned with a wooden pin to keep it in place. C. Rolling: Immediately after completion of the sod laying, the entire sodded area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. D. Watering: Newly -sodded areas are to be watered by Contractor as necessary to keep sod alive until the Contractor is closed out. Dead sod shall be replaced by Contractor prior to contract closeout. 3.03 1 SEEDING A. Sequence of Operations: The operations involved in the work shall proceed in the following sequence: preparation of the ground, seeding, spreading, and cutting in mulch. 02485 Grassing.doc 02485-3 B. Preparation of Area to be Seeded: The ground over which the seed is to be sown shall be prepared by disk -harrowing and thoroughly pulverizing the soil to a suitable depth. The prepared soil shall be loose and reasonably smooth. it shall be reasonable free of large clods, roots, and other material which will interfere with the work or subsequent mowing and maintenance operations. C. Application of Seed: While the soil is still loose, the seed shall be scattered uniformly over the grassing area and immediately mixed into the seed bed to a depth of one-half inch. Unless other types of seed are called for, permanent - type grass seed shall be a mixture of 20 parts of Bermuda seed and 80 parts of Pensacola Bahia seed. Quick -growing type grass seed shall be a species which Will provide an early ground cover during the particular season when planting is done and will not later compete with permanent grass. The separate types of seed used shall be thoroughly dry -mixed immediately before sowing. Seed which has become wet shall not be used. D. Mulching: When mulching is called for, a ely two inches, loose thickness, of the mulch material shall then be applied uniformly over the seeded area, and the mulch material cut into the soil with the equipment specified, so as to produce a loose mulched thickness of three to four inches. Care shall be exercised that the materials are not cut too deeply into the soil. No artificial watering of the mulch shall be done before it is applied. E. Rolling: Immediately after completion of the seeding, the entire grassed or mulched area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. F. Watering: Newly seeded areas are not to be watered to force the seed germination, but only to sustain grass growth. Water will only be used on vegetated areas when permitted by the Engineer. G. Operations on Steep Slopes: On steep slopes when mulching is called for, the mulch material may be anchored down in lieu of being cut into the soil by use of a machine. Anchoring may be done by either of the following methods: 1. Placing a layer of soil, approximately two inches thick by nine inches wide, along the upper limits of the mulch, and spotting soil piles over the rest of the area at a maximum spacing of four feet. 2• Spreading a string net over the mulch, using stakes driven flush with the top of the mulch, at six-foot centers, and stringing parallel and perpendicular, with diagonals in both directions. H. Maintenance: The Contractor shall, at his expense, maintain the planted areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include the filling, leveling, and repairing of any washed or eroded areas, as may be necessary. The Engineer, at any time, may require replanting of any areas in which the establishment of the grass stand does not 02485 Grassing.doc 02485-4 a appear to be developing satisfactorily. If a planted area must be replanted due to the Contractor's negligence, carelessness, or failure to provide routine maintenance of such areas, such replacement shall be at the Contractor's expense. If replanting is necessary due to factors determined to be beyond the control of the Contractor, payment for replacement will be made under the appropriate contract pay items. ** END OF SECTION ** 02485 Grassing.doc 02485-5 SECTION 02576 PAVEMENT, SIDEWALK, AND DRIVEWAY REPLACEMENT PART 1 -- GENERAL 1.01 REFERENCES A. Section numbers and Article numbers specified are those contained in the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction." B. Indian River County Code Chapter 312, Section 08 C. Utility Construction in Right - of -Way shall control where applicable. It is intended that the other specifications contained herein are to be applied as more specific. In the event of a conflict between a provision of Code Section 312.08 C and any other provision of these specifications the more restrictive provision shall apply. C. 312.08 C. Utility construction within the ri ht -of -way. All , ti it" • o•k , .ill a right-of-way construction permit. Utility companies having arvalid`franchise Ito operate in Indian River County will not be required to pay a right-of-way permit fee. Utility companies not having a valid franchise may be required to pay a user fee to be determined by the director of public works. The permit application shall be submitted along with the following information. 1. General application data and specific utility data. 2. Appropriate filing fee. 3• Three (3) sets of Engineering plans which contain plan, profile and cross- section views of the existing and proposed facilities including all existing utilities, structures in the right-of-way within one hundred (100) feet of the improvement, and other pertinent information. 4. Plans that show that the following criteria are met: a. Utility placement shall be the proper depth and location as approved by the Public Works Director and Utilities Director. b• All utility structures including traffic signal and control appurtenances, drainage structures, communication, and electrical lines, gas lines, water, sewer, oil transmission lines, etc., shall meet specifications and construction procedures as required by Florida Department of Transportation and appropriate utility agencies. C. Open pavement cut shall not be permitted on County arterial and collector routes as designated on the County's thoroughfare plan unless approved by the Public Works Director on the permit. All such crossings shall be "bore and jack" or "directional drill" in accordance with Florida Department of Transportation standards, unless approved open cut. If open cut is approved, one (1) lane of traffic in each direction should be maintained, using proper traffic control procedures as outlined in the reference material cited in section 312.08.1(b) and (c). d. Pavement cut and restoration, where approved, shall be as 02576-1 follows: 1• Pipe bedding, backfill and compaction shall conform to standards specified in section 312.08.1 (a) and (c). Open cut restoration shall meet specifications detailed in drawing No. 6 section 312.19. Density testing shall be performed by an approved independent testing laboratory and reports submitted to the Public Works Director prior to permanent patch. A temporary asphalt patch shall be applied within twenty-four (24) hours after backfill and compaction. The finish surface of the temporary asphalt patch shall be within one-quarter (1/4) inch of the elevation of the existing roadway surface. 2. Seventy-two (72) hours prior to the time of pavement cut, the Public Works Director shall be notified of the date and time of the cut. An emergency phone number of the Contractor shall be provided. 3. Work site traffic control shall be provided in conformance with "Florida Department of Transportatior, Roadway and Traffic Design Standards." 4. Asphalt restoration will be required within fifteen (15) days after temporary patch is installed. The final finish shall be smooth and uniform within a one-quarter (1/4) inch tolerance of the required surface. S. Shoulder, right-of-way sodding, and other restoration shall be performed as required by the Public Works Director in accordance with Florida Department of Transportation Standards. 6. Traffic control devices (e.g. signs, street name signs, traffic signals and pavement markings) shall be restored to their original condition or better. 7. Prior to final release of the performance bond, which shall occur no sooner than ninety (90) days after final pavement restoration, the Engineer -of -record or utility company shall request a final inspection, shall certify that the utility has been installed in accordance with standards specified in the publications listed in section 312.08, shall submit two (2) copies of as -built drawings, and shall submit release of lien by Contractors. 8. All utility structures will be required to have an identification tag designating proper ownership. Aa 02576-2 1.02 RESTORATION All surfaces, as described, shall be completed as soon as is reasonable. In no case shall the pavement or driveway replacement operation be unfinished for more than 10 days after backfilling unless otherwise directed by the Engineer. Replace all damaged or cut pavement due to Contractor's operations; restore all pavement outside of trench area that is damaged by the Contract at no expense to Owner. 1.03 GUARANTEE All restored areas within the public right-of-way shall be guaranteed for one year. In the event of settlement of paved areas more than one-quarter inch below the undisturbed adjacent permanent pavement, the Contractor shall make the necessaryr to restore the pavement level within ten calendar days after notification by the Oner. The cost of such repairs shall be paid by the Contractor. PART 2 -- PRODUCTS 2.01 BASEROCK Limerock, shellrock, and local rock shall conform to FDOT specifications, Section 911. 2.02 ASPHALTIC CONCRETE A. Prime and Tack Coats: Prime and tack coats shall be applied to the prepared baserock. Prime coat shall be cutback asphalt, Grade RC -70, MC -30, or MC -70, 40 complying with FDOT Specifications, Articles 300-1 through 300-7, applied at the average rate of 0.15 gallons per square yard. Tack coat shall be emulsified asphalt, Grade RS -2, complying with FDOT Specifications, Articles 300-1 through 300-7 respectively, applied at the average rate of 0.10 gallons per square yard. The bituminous quantities are considered as average and are subject to some variation at the discretion of the Engineer and at no additional cost. B. Plant Mix Wearing Surface: q plant Mix wearing course constructed on the prepared limerrockbase. Materials uand econstructshall be conform with the requirements of FDOT Standard Specifications for T °- shall Ior S- 3 (per drawing) Asphaltic Concrete, Section 331, and Articles 331-1 through 331-4. The finished pavement replacement shall be smooth and even with, or slightly above, the existing abutting pavement, but shall not have any appreciable bump due to this slight elevation. C. Rock, Gravel, or Marl Replacement: Roads, streets, or driveways constructed of rock, gravel, or marl shall be restored to a condition equal to or better than prior to construction using the same material unless directed otherwise. D. Temporary Cold Patch: Temporary cold patch for temporary surface as required by Code Section 312.08 (c) (d) 1, shall be a commercially available mix approved 02576-3 2.03 by the Engineer. CONCRETE MIX, DESIGN, AND TESTING A. Comply with requirements of a design, sampling and testing, and quality control, and as herein s e concrete mix pecified. B. Design the mix to produce standard weight concrete consisting of Portland cement, aggregate, air -entraining admixture and water to produce the following properties. 1. Compressive Strength - Class I, 3,000 psi. 2. Air Content: 3% to 6% C. Concrete placement slump shall not exceed plus or minus one inch from approved design slump. PART 3 EXECUTION 3.01 3.02 3.03 3.04 PAVEMENT REPLACEMENT Replace pavement in accordance with the details shown on drawings. The baserock sh be placed and compacted in accordance with FDOT Specifications, Section 200. all Application of the tack coat shall follow the application of the prime coat immediate) prior to the placing of the wearing surface course. Y EDGE TRIM Trim edges of the existing pavement with a concrete saw or other approved method to provide a clean, straight edge. PAVEMENT MARKINGS Repaint, stripe, or otherwise mark pavement to match pre-existing conditions, usin FDOT-approved materials and procedures g TEMPORARY PAVEMENT Temporary pavement shall be installed as follows: A. Residential Streets: In residential streets, the Contractor shall, after completion and acceptance of the backfill, construct a base course in accordance with the typical section meeting the requirements of the FDOT Specifications, Section 200, Articles 200-1 through 200-10. The top of the base course shall be constructed flush with the adjacent asphalt surface. Upon completion of the base construction, it shall be primed and sanded in accordance with FDOT Specifications, Section 300, Articles 300-1 through 300-6. Prime shall be applied at the rate of 0.50 gallon per square yard, or as directed by the Engineer. B. Arterial Streets: In arterial streets, the Contractor shall, after completion and 02576 -4 OR - acceptance of the backfill, construct a base course in accordance with the typical section. Upon completion of the base course, the Contractor shall construct an asphaltic concrete surface course, Type II, in accordance with FDOT Specifications, constructed flush with the adjacent asphalt surfaceSection 332, Articles 332-1 through 332-5. The top of the surface course shall be . Thickness of the replaced course shall match the thickness of the existing surface course. 3.05 EMERGENCY REPAIRS AND PROCEDURES The Contractor shall provide the name and telephone number of at least two persons designated by the Contractor to receive notification of the need for emergency repairs. These persons shall be available for emergency notification on a 24 hour basis. The County will provide the name, or names, of its designee who will be charged with giving notice to the Contractor when the need for emergency repairs, or other actions, is necessary on work that has been performed by the Contractor. When so notified by the person so designated by the County that emergency repairs, or other actions, are necessary the Contractor will be given a reasonable time to respond to the situation. At the time of notification the Contractor will give the time that he will be able to take action to rectify the emergency conditions. If this time is not County reserves the right to have the Road & Bridge Division make necessary repairstor take other emergency actions as required to restore the pavement, or take other actions necessary. The County will invoice the Contractor for the actual time and materials used in executing the emergency repairs or actions. This amount will be based upon hourly rates and actual materials cost to the County. The labor rates will be supplied to the Contractor prior to beginning work under this Contract. If the Contractor does not pay the invoice as presented by the County, the County reserves the right to withhold that amount from the Contractor on the Final Pay for this Contract. 3.06 SIDEWALK, CONCRETE DRIVEWAY, CURB, AND COMBINED GUTTER REMOVAL AND REPLACEMENT A. SURFACE PREPARATION: 1. Remove loose material from the compacted subbase surface before placing concrete. immediately 2• Proof -roll prepared subbase surface to check for unstable areas and the need for additional compaction. Do not begin paving work until such conditions have been corrected and are ready to receive paving. Comply with requirements of FDOT Section 230, Paragraph 230-6. B. Do not place concrete until subbase and forms have been checked for line and grade. Moisten if required to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they are completed to required finish elevation and alignment. All concrete driveways shall be FDOT Class 1 and a minimum of 6 inches thick with wire or fiber mesh reinforcement. All sidewalks shall be a minimum of 4 inches thick, shall be sawcut every 5 feet, and shall have an expansion joint every 30 feet. 1. Place concrete using methods which prevent segregation of the mix. Consolidate concrete along the face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint 02576-5 2 3. El assemblies, reinforcement, or side forms. Use only square -faced shovels for hand -spreading and consolidation. Consolidate with care to prevent dislocation of reinforcing, dowels, and joint devices. Do not use vibrators to push or move concrete in forms or chute. Deposit and spread concrete in a continuous operation between transverse joints, as far as possible. If interrupted for more than one-half hour, place a construction joint. Curbs and Gutters: Automatic machine may be used for curb and gutter placement at Contractor's option. If machine placement is to be used, submit revised mix design and laboratory test results which meet or exceed the minimum herein specified. Machine placement must produce curbs and gutters to the required cross-section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete as specified. Joints: Construct expansion, weakened -plane (contraction), and construction joints true -to -line with face perpendicular to surface of the concrete, unless otherwise indicated. Construct transverse joints at right angles to the centerline, unless otherwise indicated. When joining existing structures, place transverse joints to align with previously -placed joints, unless otherwise indicated. a• Weakened -Plane Joints: Provide weakened -plane (contraction) joints sectioning concrete into areas where required. Construct weakened -plane joints for a depth equal to at least one-quarter concrete thickness, by sawing within 24 hours of placement or formed during finishing operations. Place joints at intervals not to exceed 10 feet, if not otherwise indicated. b• Construction Joints: Place construction joints at the end of all pours and at locations where placement operations are stopped for a period of more than one-half hour, except where such pours terminate at expansion joints. Construction joints shall be as shown or, if not shown, use standard metal keyway -section form of appropriate height. C. Expansion Joints: (1) Provide premolded joint filler for expansion joints abutting concrete curbs, catch basin, manholes, inlets, structures, walks, and other fixed objects, unless otherwise indicated. (2) Locate expansion joints at 30 feet o.c. for concrete walks, unless otherwise indicated. (3) Extend joint fillers full width and depth of joint, and not less than one-half inch below finished surface where joint sealer is indicated. If no joint sealer, place top of joint filler flush with finished concrete (4) surface. Furnish joint fillers in one-piece lengths for the full width being placed, wherever possible. Where more than one length is required, lace or clip joint filler sections together. Pieces shorter than four inches shall not- be 02576-6 used unless specifically shown as such. (5) Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary material. Remove protection after concrete has been placed on both sides of joint. (6) Fillers and Sealants: Comply with the requirements of these specifications for preparation of joints, materials installations and performance, and as herein specified. C. CONCRETE FINISHING 1. After striking -off and consolidating concrete, smooth the surface by screening and floating. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform texture. 2. After floating, test surface for trueness with a 20 ft. straight edge. Variations exceeding one-third inch for any two points within 10 feet shall not be acceptable. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous smooth finish. 3. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round 10-1/2" radius, unless otherwise indicated. Eliminate any tool marks on concrete surface. 4. After completion of floating and when excess moisture or surface sheen has disappeared, broom finish sidewalks by drawing a fine -hair broom across concrete surface, perpendicular to a line of pedestrian traffic. 5. Do not remove forms for 24 hours after concrete has been placed. After form removal, clean ends of joints and point -up any minor honeycombed areas. D. CURING: Protect and cure finished concrete paving and walks, as required. Use moist - curing methods for initial curing whenever possible of approved concrete curing compounds. E. REPAIRS AND PROTECTION: 1. Repair or replace broken or defective concrete, as directed by Engineer. 2. Drill test cores where directed by Engineer, when necessary to determine magnitude of cracksor defective areas. Fill drilled core holes in satisfactory pavement areas with Portland cement concrete bonded to pavement with epoxy resin grout. 3. Protect concrete from damage until acceptance of work. When construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and spillage of materials as they occur. 02576-7 Sweep concrete pavement and wash free of stains and discoloration, dirt, and other foreign material just prior to final inspection. ** END OF SECTION ** 02576-8